Gov. Josh Stein vetoed immigration and gun legislation on Friday, and Republicans in the General Assembly have acknowledged that veto overrides will be difficult on two of the bills.
Stein said the two immigration bills would "make us less safe" and lead to unconstitutional detentions. He also said eliminating permits for concealed weapons "undermines responsible gun ownership."
They are the Democratic governor's first vetoes since taking office in January. He announced them by press release around 4 p.m.
In the House, veto override votes typically would require all Republicans and at least one Democrat, leaving House Bill 318 with the best chance at eventually becoming law.
That's because Rep. Carla Cunningham, D-Mecklenburg, already voted for it once, saying she wants sheriffs to cooperate with Immigrations and Customs Enforcement.
She was the only legislator to cross party lines on the immigration bill.
House Speaker Destin Hall, R-Caldwell, could also take advantage of absences to improve the math.
"I'm hopeful and optimistic that we'll be able to override," Hall told reporters earlier this month when asked about H.B. 318.
Senate Leader Phil Berger, R-Rockingham, said the Senate would override Stein's vetoes. Republicans have a supermajority there.
House Bill 318 has chance at veto override
H.B. 318 would expand on legislation passed last year ordering sheriff's offices to cooperate with ICE.
The 2024 legislation required local law enforcement agencies to check the immigration status of certain people they detain. If a person is in the U.S. illegally, they must be held in jail for at least 48 hours, giving ICE agents time to pick them up for deportation proceedings.
The new bill would require the 48-hour hold begin when a person would otherwise be released, as opposed to when they are first detained.
Stein says that would be unconstitutional.
"I cannot sign this bill because it would require sheriffs to unconstitutionally detain people for up to 48 hours after they would otherwise be released. The Fourth Circuit is clear that local law enforcement officers cannot keep people in custody solely based on a suspected immigration violation," Stein's press release said.
It also adds minor crimes like impaired driving to the list of charges for which ICE detainers must be honored.
Republicans have questioned whether all sheriffs, especially Democrats, are cooperating with ICE.
The Department of Homeland Security recently described five North Carolina counties — Buncombe, Chatham, Durham, Orange and Watauga — as noncompliant sanctuary jurisdictions. (U.S. Sen. Thom Tillis also counts Mecklenburg, Wake, Guilford and Forsyth.)
Other immigration, gun bills likely dead
Some Republicans joined with Democrats to oppose the gun legislation, Senate Bill 50, which leaves an override vote unlikely. It would have allowed anyone over the age of 18 to concealed carry without a permit.
"The bill eliminates training requirements associated with concealed carry permits and reduces the age to carry a concealed weapon from 21 to 18 years old. Authorizing teenagers to carry a concealed weapon with no training whatsoever is dangerous," Stein wrote.
"The bill would also make the job of a law enforcement officer more difficult and less safe," he continued.
Berger said in a press release that "law-abiding North Carolinians shouldn't have to jump through hoops to effectively exercise their Second Amendment rights."
No Democrats have indicated they would support Senate Bill 153, the "North Carolina Border Protection Act."
It would:
- Require state law enforcement agencies cooperate with the federal government by signing 287(g) agreements.
- Allow lawsuits against so-called "sanctuary" communities by victims of crimes committed by illegal immigrants.
- Bar schools in the University of North Carolina system from obstructing ICE.
- Ban the provision of benefits and housing assistance to people in the county illegally.
"At a time when our law enforcement is already stretched thin, this bill takes state law enforcement officers away from their existing state duties and forces them to act as federal immigration agents," Stein said in the press release.
He said most benefits can't be given to people unless they're a legal resident.
Berger's statement said Stein "proved where his allegiances are."
"He'd rather prioritize his far-left donors and their dangerous open-border policies over the citizens of North Carolina who are desperately pleading for us to put an end to the illegal immigration crisis," Berger said.
Friday was the final day Stein had to decide on the immigration bills, on which he has avoided taking questions.
Hispanic and Latino groups pressured him to veto the bills, including through a protest outside the Governor’s Mansion while Stein was out of the country recruiting aviation business at the Paris Air Show.
