Republicans — thanks to the help of a single House Democrat — voted to override Gov. Josh Stein's veto of an immigration bill on Tuesday.
The new law requires North Carolina sheriffs to work closer with Immigration and Customs Enforcement amid the federal government's mass deportation effort.
Rep. Carla Cunningham, D-Mecklenburg, was the legislator who crossed party lines, resulting in a 72-48 vote in the House.
"All cultures are not equal. Some immigrants come and believe they can function in isolation," Cunningham said on the floor Tuesday. "I suggest they must assimilate. Adapt to the country they want to live in."
Cunningham's vote allowed Republicans to achieve the necessary three-fifths majority. She said she has been called a racist and gotten other pushback since voting for House Bill 318 when it originally passed in June.
"They want me to be silent in my country. They want me to line up behind their priorities while my people and communities continue to struggle in our country," said Cunningham, who is African American.
Cunningham declined to answer questions, saying she was "not going to do any interviews right now," when approached after the vote.
Senate Republicans did not need to flip a Democrat, because they hold a supermajority. They quickly followed the House veto with a 30-19 party-line vote.
Stein also vetoed another immigration bill, Senate Bill 153, which doesn't seem to have a clear path to override in the House.
House Speaker Destin Hall, R-Caldwell, had yet to add it to the House's calendar as of noon, though the Senate overrode the veto 30-19 Tuesday morning.
Closer cooperation with ICE
House Bill 318 expands 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 at least 48 hours, giving ICE agents time to pick them up for deportation proceedings.
The new law will require the 48-hour hold to begin when a person would otherwise be released, as opposed to when they are first detained.
Stein said that is unconstitutional.
"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 said in a press release last month.
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.)
