North Carolina lawmakers seek to require sheriffs to cooperate with immigration agents

Lawful immigration cooperation by North Carolina sheriffs with federal agents, with clarity in detainer and arrest warrant language, could soon be law.

Recently, there’s been a gap in communication and handling of cases by sheriffs, mostly by Democrats in urban areas, and U.S. Customs and Immigration Enforcement, known as ICE. House Bill 10 has passed the Senate and is on the way back to its chamber of origination for agreement on language.

Under HB10, sheriff's offices “shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents.”

This would include any prisoners charged with a felony or Class 1 misdemeanor.

Inability to determine whether the person is in the country legally would lead to required contacting of Immigration and Customs Enforcement.

According to the bill, “if the prisoner has not been lawfully admitted to the United States, the United States Department of Homeland Security will have been notified of the prisoner's status and confinement at the facility by its receipt of the query from the facility.”

If federal authorities tell a Sheriff’s Office that there is a detainer on the suspect, the prisoner must be taken before a state judicial officer who will be provided with a copy of the detainer, the legislation says.

“The judicial official shall issue an order directing the prisoner be held in custody if the prisoner appearing before the judicial official is the same person subject to the detainer and administrative warrant,” the bill reads.

State Rep, Destin Hall, R-Caldwell, wrote on social media earlier this year that several “woke” sheriffs are refusing to cooperate with federal immigration authorities. This week, he described the need for such a law in a perplexing manners.

“These sanctuary sheriffs are creating an environment where illegal aliens who have been charged with serious crimes in our state are protected from deportation and are released back into our communities where they often go on to commit new crimes,” the legislator said. “Many of these crimes are serious felonies like rape, arson, attempted murder, theft, assault, and drug-related offenses.”

Rockingham County Sheriff Sam Page testified for the bill. Lawmakers say about 90% of the 100 counties would not need the legislation. Hall has said that 10% wants clarity in language for the judicial process.

In the Senate version of the bill passes the House, it faces the possibility of a veto by Gov. Roy Cooper. In 2022, Cooper vetoed a similar bill. Since then, Republicans have gained enough seats to potentially override his objection.

“This law is only about scoring political points and using fear to divide North Carolinians,” the governor said in a statement following the veto. “ As the state’s former top law enforcement officer, I know that current law already allows the state to incarcerate and prosecute dangerous criminals regardless of immigration status. This bill is unconstitutional and weakens law enforcement in North Carolina by mandating that sheriffs do the job of federal agents, using local resources that could hurt their ability to protect their counties."