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Federal agents are coming to Charlotte. Who are they and what powers do they have?

U.S. Border Patrol conducts enhanced security operations in south Florida in preparation of Super Bowl LIV, Feb. 1, 2020, in Miami. Additional agents assisted in highway patrols, partnering with state and local law enforcement.
Ozzy Trevino
/
U.S. Customs and Border Protection
U.S. Border Patrol conducts enhanced security operations in south Florida in preparation of Super Bowl LIV, Feb. 1, 2020, in Miami. Additional agents assisted in highway patrols, partnering with state and local law enforcement.

What federal agents are coming to Charlotte and when? 

U.S. Border Patrol agents are slated to arrive in Charlotte as soon as Saturday, Nov. 15, the Mecklenburg County Sheriff’s Office confirmed Thursday.  

Border Patrol is a federal law enforcement agency under the U.S. Customs and Border Protection (CBP) which is part of the Department of Homeland Security. 

“The priority mission of the Border Patrol is preventing terrorists and terrorists weapons, including weapons of mass destruction, from entering the United States,” according to the CBP website.

Multiple news outlets had earlier reported that the Trump administration was planning to deploy the Border Patrol to the city to conduct an immigration enforcement operation beginning this month. The reports cited unnamed Trump administration officials, who also said the plans could change. 

It’s unclear who exactly the Border Patrol will target or how long the operation might last. 

How is Border Patrol different from ICE? 

Border Patrol agents have traditionally patrolled entry points to the United States including the 6,000 miles of international border

Under federal law, agents can, without a warrant and "within a reasonable distance from any external boundary of the United States...board and search for non-citizens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle.” The law defines a reasonable distance as 100 air miles from the border. 

While Border Patrol agents have authority throughout the entire nation, they have more expanded powers for actions like stopping and searching someone inside the 100 air mile zone.

ICE, or Immigration and Customs Enforcement, is also a part of the Department of Homeland Security. The primary function of ICE is to enforce federal immigration laws. ICE detains and deports people who are in the country without documentation.

Border Patrol agents typically arrest suspected undocumented people and then turn them over to ICE to determine whether they should be deported. The higher rates of arrests under the Trump administration has created a backlog of cases, a senior official told Politico.

What does the law allow border patrol agents to do?

Border Patrol agents can arrest someone without a warrant, but only if they have sound reason to believe the individual is both in the country unlawfully and at risk of fleeing before law enforcement can get a warrant. 

It’s typically illegal for agents to perform any stops or searches on the basis of race or ethnicity. But in September, the Supreme Court granted the Trump administration's request to stop people based on factors such as race. 

According to the nonprofit American Civil Liberties Union, if agents approach you on the street or in a public place, you aren’t required to answer their questions. If you are not a U.S. citizen, you must show your immigration papers if asked, and if you have them with you. You do not have to consent to a search, and refusing a search is not grounds for probable cause to conduct one. 

Where else has Border Patrol been deployed?

The Border Patrol has been deployed to other major U.S. cities like Los Angeles and Chicago, where it’s currently conducting a months-long immigration enforcement operation. The situations have been marked by violence and aggressive confrontations with residents protesting the agency’s actions.

Last week, a federal judge limited  the agency’s use of force, including the use of tear gas on protestors. The judge also ordered agents to wear body cameras and identification, the Chicago Tribune reported.

Why is Border Patrol coming to Charlotte which doesn’t border Canada or Mexico? 

Charlotte is about 170 miles to the nearest coastline border, outside the 100-mile perimeter described in federal law. 

Although Border Patrol has authority for action throughout the country, their work has traditionally focused primarily on the international borders. That changed with the Trump administration. As part of an effort to increase deportations, President Trump has called on a variety of law enforcement agencies, including Border Patrol, ICE and the National Guard to enforce his objectives. Border Patrol’s authority is not confined to the border regions, a spokesperson for the Department of Homeland Security told The New York Times.

Trump administration officials prefer the more aggressive tactics of Border Patrol agents to that of their ICE counterparts, according to NBC News. In late September, agents used a Black Hawk helicopter to conduct a night raid on a residential building in Chicago. 

The administration plans to replace some top ICE officers with Border Patrol leaders. The move is "part of a broader effort to boost arrest numbers across the country," according to Politico.

How do we know Border Patrol is coming to Charlotte?

The Mecklenburg County Sheriff’s Office said in a Nov. 13 news release that two federal officials had contacted Sheriff Garry McFadden and confirmed Border Patrol agents would be deployed to Charlotte on Nov. 15 or by early next week. According to the sheriff’s office, the unnamed officials did not disclose details on the operation. 

“We value and welcome the renewed collaboration and open communication with our federal partners,” McFadden said in a statement.

McFadden pushed back against ICE actions in March when he said his officers could not honor ICE detainers, or requests to hold people in custody, without an order signed by a judge.

McFadden also ended the county’s voluntary cooperation agreement with ICE, known as a 287(g), in 2018. Earlier this year, he spoke out against a state law requiring more cooperation with ICE by local law enforcement.

The sheriff’s office said it had not been asked to participate in the upcoming operation. The Charlotte-Mecklenburg Police Department said they do not participate in immigration enforcement actions. 

Why Charlotte?

For months, Charlotte has been at the center of heated political debate around violent crime following high-profile incidents like the August stabbing death of Iryna Zarutska, a 23-year-old Ukrainian woman, on the city’s light rail. 

The killing caught the attention of top Trump administration officials, like FBI Director Kash Patel, Attorney General Pam Bondi and Transportation Secretary Sean Duffy, who blamed the killing on local Democratic leaders “soft on crime policies.”

State lawmakers in the Republican-led General Assembly passed House Bill 307, or “Iryna’s Law,” in response to the killing. The legislation made pre-trial release rules stricter and added death penalty provisions that could allow executions to resume after a nearly two-decade pause.

Over the last year, violent crime has decreased in the city by 20%, according to the Charlotte-Mecklenburg Police Department.

Still, three North Carolina Republican congressmen, Reps. Mark Harris, Chuck Edwards and Pat Harrigan recently pressed Democratic Gov. Josh Stein to deploy the National Guard to Charlotte, accusing Stein of ignoring local police officers “unmistakable cry for help.” 

Since Trump took office, Mecklenburg County has also seen an increase in immigration enforcement activities, including targeted arrests outside the county courthouse. In the first half of 2025, ICE arrested about three times the number of people in the county than it did at the same time last year, the Charlotte Observer reported.

After Charlotte, the Border Patrol is expected to be deployed to New Orleans to conduct an operation there.

What can I do?

If you are a documented immigrant, you can ensure your paperwork is in order. Noncitizens are required to carry identification showing legal residence in the United States, and immigration enforcement may ask to see the documents. You are not required to answer questions, and North Carolina does not have a law requiring you to identify yourself.

If stopped or detained, ask if you are free to go. If not, you are under arrest and have the right to remain silent.

Citizens of other countries can get assistance from their respective consulates or embassies. The North Carolina chapter of the ACLU has a webpage outlining those rights in different situations, as well as contacts for legal organizations.

What can bystanders or witnesses do?

Bystanders are typically allowed to film or record interactions with Border Patrol agents in public as long as it does not interfere with the arrest. If you witness someone being arrested, legal experts suggest asking for the individual’s name and whether there is someone you can call for them.

Alerting someone of possible arrests is protected speech under the First Amendment. In Chicago, residents blow whistles to alert neighbors of ICE or Border Patrol activity.

Note: Daniel Walton contributed to this report.

This article first appeared on NCLocal and is republished here under a Creative Commons Attribution-NonCommercial 4.0 International License.