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Sheriff McFadden pushes back on new NC bill expanding ICE cooperation

Mecklenburg County Sheriff Garry McFadden ended the county's ICE cooperation program, known as 287(g), on his first day in office in 2019.
Kayla Young
/
WFAE/La Noticia
Mecklenburg County Sheriff Garry McFadden ended the county's ICE cooperation program, known as 287(g), on his first day in office in 2019.

North Carolina House Republicans filed a bill Wednesday to require sheriffs to cooperate even more with Immigration and Customs Enforcement, not just holding immigrants when ICE issues a detainer.

The Criminal Illegal Alien Enforcement Act would require sheriffs to keep undocumented inmates 48 hours past their release date and notify ICE two hours before an inmate is released.

The bill would also expand the list of criminal offenses for which a jail would determine arrested people’s legal status, like theft and DUI.

It also closes a loophole through which sheriffs like Mecklenburg County’s Garry McFadden have not called ICE before releasing a suspect.

"Rushed and poorly conceived broad proposals, drafted without input from local sheriffs who are actively engaged in immigration, crime, and social justice matters, fail to produce effective solutions or foster real community engagement," McFadden said in a statement Thursday.

McFadden says he will, however, follow the rules if this bill becomes law.

House Speaker Destin Hall is the bill’s main sponsor. He says sheriffs like McFadden have ignored orders from ICE and have released individuals arrested for serious crimes. Hall says undocumented immigrants in North Carolina who commit crimes should be deported.

Gov. Josh Stein would likely veto the bill if it passes, but Republicans could seek support from Democrats to override the veto.

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Julian Berger is a Race & Equity Reporter at WFAE, Charlotte’s NPR affiliate. His reporting focuses on Charlotte's Latino community and immigration policy. He is an award-winning journalist who received the 2025 RTDNAC Award for an economic story examining how fears of immigration enforcement affected Latino-owned businesses in Charlotte.