How does local law enforcement partner with federal immigration officials in NC?

What happened

North Carolina lawmakers required local police departments and sheriff’s offices to work more closely with federal Immigration and Customs Enforcement. The new rules expand requirements that had been established last year through House Bill 10.

Although the law doesn’t require that local law enforcement sign a formal pledge to cooperate with ICE, known as a 287(g) agreement, it does mandate that local officials check the immigration status of people arrested for a broad array of crimes. 

ICE can make requests, known as "detainers," to hold those suspected of being in the country illegally for 48 hours after they’d otherwise be released. The law requires local jails to honor those requests. The law also orders officials to notify ICE prior to the release of anyone targeted by a detainer.

Democratic Gov. Josh Stein vetoed the bill in June, calling its requirements unconstitutional. He said he supports local law enforcement contacting ICE when the person in custody is charged with a serious crime, but he said the U.S. Constitution does not allow people to be held for 48 hours after they would have been released.

Democratic Rep. Carla Cunningham of Mecklenburg County joined all of her Republican colleagues to override Stein’s veto in July, saying in remarks on the House floor that immigration was “destabilizing our communities.” All other House Democrats voted against the override.

The new rules take effect amid a backdrop of increased immigration enforcement across the state. According to the nonprofit Deportation Data Project, ICE arrested 1,580 people for immigration-related reasons from January through July of this year, up 162% percent from the same period in 2024.

Where are these agreements?

There are three types of agreements, according to ICE.

• "The Jail Enforcement Model is designed to identify and process removable aliens — with criminal or pending criminal charges — who are arrested by state or local law enforcement agencies.
• The Task Force Model serves as a force multiplier for law enforcement agencies to enforce limited immigration authority with ICE oversight during their routine police duties.
• The Warrant Service Officer program allows ICE to train, certify and authorize state and local law enforcement officers to serve and execute administrative warrants on aliens in their agency’s jail."

Twenty-four law enforcement agencies in North Carolina have partnership agreements with ICE, and the majority of agreements are the Warrant Service Officer type. The federal government maintains an up-to-date list of 287(g) agreements.

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.

Individuals detained by local law enforcement or ICE are not without rights. Citizens of other countries can get assistance from their respective consulates or embassies. The North Carolina chapter of the nonprofit American Civil Liberties Union has a webpage outlining those rights in different situations, as well as contacts for legal organizations.

What else do I need to know?

Another bill under consideration at the General Assembly (Senate Bill 153) focuses on cooperation between state law enforcement and federal authorities. The proposal would require North Carolina’s Department of Public Safety, Department of Adult Correction, State Highway Patrol, and State Bureau of Investigation to sign 287(g) agreements with ICE. It would also remove governmental immunity for cities or counties that adopt a so-called “sanctuary ordinance,” or a formal restriction on immigration enforcement.

The bill passed both chambers of the legislature in June but was vetoed by Stein, who said it “takes state law enforcement officers away from their existing state duties and forces them to act as federal immigration agents.” Although Senate Republicans overrode Stein’s veto in July, the House has yet to vote on the matter. A vote is currently scheduled for Nov. 17.