Legislators in the Republican-dominated North Carolina House and Senate have passed a controversial immigration enforcement bill that requires sheriffs to cooperate with federal immigration officials.
Almost immediately after, a network of the state's Latino immigrant advocacy organizations decried the bill as "shameful" and "dangerous," and described its passage as a defeat. They've long opposed such legislation.
"What can we expect? Unfortunately, we know that under the political situation, the governor's veto doesn't have the power to keep our community calm regarding HB10," said Carmen Rodriguez, a Triangle immigrant activist.
Organizations issued separate statements asking Gov. Roy Cooper to veto House Bill 10, which would force all local sheriffs to cooperate with federal immigration officials. The bill reached Cooper's desk on Wednesday. He now has ten days to issue a veto.
It became more contentious after Republicans decided to package it with a major bill to fund private school vouchers, which has also been opposed by state Democratic leaders and Gov. Cooper.
But the bill is certain to become law since Republicans have a narrow veto-proof majority to override the veto. GOP leaders signaled that will happen later this fall.
Opponents say that instead of reducing crime, the measure puts vulnerable immigrant workers at risk of deportation and fracture community relations with law enforcement.
Opposition to the bill
The bill's lead sponsors say the law is going after violent criminals who are arrested for felonies or A1 misdemeanors, such as assault on a female or violating a protective order. The law will not go after immigrants who aren't committing crimes and won't "round people up," according to Sen. Danny Britt Jr. of Robeson County.
But opponents of the bill view it as another version of the 287(g) program, an agreement under which sheriffs voluntarily collaborated with ICE.
In 2018, Democratic sheriffs in Wake and Mecklenburg counties did away with the agreement. From 2006 to 2018, thousands of immigrants were taken into ICE custody and deported in those counties in the years it was active, according to those Sheriffs' offices.
"There's nothing new here. The bill is a faithful copy of the previous bills they tried, with the same protagonists," said Gregorio Morales, a Mexican expat and Raleigh immigrant activist. "They're going to transform the police into the enforcement arm of ICE to oppress the undocumented community."
In a statement, the Raleigh-based nonprofit El Pueblo said the motivation for HB10 is to undermine the sheriffs of North Carolina's most populous counties, who are opposed to the bill.
"Many sheriffs won their elections in 2018 on a promise to end any collaboration with ICE under the 287(g) program," the statement reads. "HB10 serves as a response from the Legislature against those sheriffs who won and the voters who elected them. Legislators have also strategically presented this bill to support their reelection bids by criminalizing immigrant families."
Carolina Migrant Network said in a statement that the bill would drain immigration enforcement resources and drain funding from public schools.
Cooper successfully vetoed two similar measures involving ICE and sheriffs in 2019 and 2022 when Republican majorities weren't veto-proof.
“Sheriffs are independent, constitutionally-elected officials,” said Democratic Rep. Marcia Morey. “They should not be subservient to the legislative body (telling) them what they should do for their job.”
Sheriffs opposed to the bill, such as in Wake and Durham counties, say it's unconstitutional to hold suspects in jail for extra time to be taken by federal agents.
What the bill says
The bill requires that sheriffs comply with ICE requests, known as detainers, by temporarily holding inmates charged with violent felonies or serious misdemeanors if they are identified to be in the country without legal status, according to bill's text.
Sheriffs must hold the suspects for up to 48 hours after their serving their sentence or posting bail so that ICE can take them into federal custody and eventually deport them.
The final version of the bill doesn't include a previously proposed "enforcement mechanism" that would allow citizens to report noncompliant sheriffs to the Attorney General.
In addition, the state will appropriate $279,000 in recurring funds for the Department of Health and Human Services to hire two full-time jail inspectors.
Once enacted into law, the bill will become effective on Dec. 1 this year, and apply only to crimes committed on or after that date.
