Bill requiring sheriffs' cooperation with ICE advances in North Carolina legislature

A bill to require county sheriffs to cooperate with U.S. Immigration and Customs Enforcement gained the approval of a House committee on Wednesday.

Members of the House Judiciary 2 Committee approved House Bill 10, a third attempt by Republicans to mandate sheriffs honor for at least 48 hours the detainer requests from ICE for any person charged with serious crimes.

Similar legislation was twice vetoed by Democratic Gov. Roy Cooper in 2019 and 2022. Republicans have since expanded their majority in both chambers. Following the November election, Republicans hold a supermajority necessary to override a veto in the Senate and are within one vote of the same in the House.

“More than 90 sheriffs across our state already do what the bill would require,” HB10 sponsor Rep. Destin Hall, R-Caldwell, told the committee.

The Center Square's unparalleled coverage of border crossings is not only related to those coming from countries south of Texas and Arizona borders, but also Chinese coming into the country. It amplifies widespread concern from border to border, with legislation like that in North Carolina happening in many states.

Hall offered an example of a previously deported illegal immigrant detained in Mecklenburg County for serious domestic violence charges who was released from jail despite an ICE detainer. The individual is accused of continuing criminal behavior, resulting in a nine-hour stand-off with police a week later, Hall said.

“This bill would put a stop to that kind of thing happening in our state,” he said. “It only applies to … those who have been charged with serious crimes in our state and are here illegally.”

Hall noted that when sheriffs refuse to honor the voluntary ICE detainers, federal officials are forced to apprehend illegal immigrants in the community rather than a controlled jail environment, leading to increased safety risks.

Victims of illegal immigrant crimes testified about the impact the ordeals have had on their lives, and urged lawmakers to adopt the bill. Opponents argued the legislation would detain individuals without probable cause, thwart the will of voters in the state’s largest counties, and sow fear of law enforcement in the immigrant community.

Rep. Laura Budd, D-Mecklenburg, offered a statement from Mecklenburg County Sheriff Garry McFadden that argued sheriffs are already mandated by law to cooperate with ICE, and HB10 would diminish their power.

“This bill is actually a smoke screen for racial profiling,” Budd said, drawing a rebuke from Hall.

Rockingham County Sheriff Sam Page testified in favor of HB10, describing detainers as an “effective tool” for law enforcement.

“It’s not political … it’s about public safety,” he said.

In addition to the detainers, HB10 tasks jailers with contacting ICE if they are “unable to determine if that prisoner is a legal resident or citizen of the United States or its territories.”

Democrats on the committee argued that would apply to illegal immigrants charged with any offense, expanding on what’s currently required. Hall argued sheriffs are already must inquire about immigration status for those charged with crimes.

“I think this bill is too much of an overreach, and too much a violation of due process,” said Rep. Marcia Morey, D-Durham.

“We’re putting the burden on locally elected sheriffs … to do the job of a federal agent,” said Rep. Deb Butler, D-New Hanover.

HB10 was referred to the Committee on Rules, Calendar, and Operations of the House for further consideration. An identical bill, Senate Bill 50, is currently in the Committee on Rules and Operations of the Senate.