HB 318 requires sheriffs to notify ICE and hold individuals in local jails for up to 48 hours after they would otherwise be released when their immigration status cannot be verified. Its implementation has led to an increase in arrests that result in immigration detention in Buncombe County. Photo: Patricia Serrano

In Buncombe County, the path to an immigration hold by U.S. Immigration and Customs Enforcement (ICE) rarely begins with a serious crime. Instead, it often starts with a minor offense: a traffic stop for driving while intoxicated, driving without a license, petty theft, or even charges that may later be dismissed.

According to an analysis by Enlace Latino NC, between Oct. 1, 2025, and March 31, 2026, 75 people who entered the county jail were subject to an immigration detainer. In more than 80% of cases, the most serious visible charge was a misdemeanor or a minor violation.

Overall, 83% of arrests were related to minor offenses. Of these, 64.5% were for DWI, while 22.6% involved other traffic violations such as driving without a license, without insurance, or with an expired registration. Misdemeanor domestic violence charges accounted for 12.9% of the total.

“The worst of the worst?”

Buncombe County is not the only place where this is happening. But its records offer a local view of a broader statewide policy: how time spent in jail can push a minor case into the immigration system.

President Donald Trump repeatedly promised to deport “the worst of the worst” and launch the largest mass deportation operation in U.S. history. He has described migrants as “dangerous criminals,” including murderers, rapists, and predators who, according to him, entered the country illegally.

With that goal, in November of last year, Operation Charlotte’s Web brought Border Patrol agents to Charlotte, resulting in more than 425 arrests in just one week.

But high-profile federal operations are not the only tool used to deport migrants.

To that end, the Republican supermajority in the North Carolina General Assembly has passed laws requiring sheriffs to notify federal authorities whenever a person without legal immigration status is booked into jail.

Laws such as HB 10 (in effect since Dec. 1, 2024) and the more recent HB 318 (in effect since Oct. 1, 2025) require local jails to cooperate with ICE and significantly reduce sheriffs’ discretion, turning local detention into a gateway to the immigration system.

What crimes were committed?

However, neither large-scale operations nor local jail detentions appear to primarily target “the worst of the worst.” In Charlotte, DHS itself acknowledged that only about a dozen of those detained during Operation Charlotte’s Web had serious criminal records.

In Buncombe County, the data tell a similar story: the flow of people into ICE custody is not driven by serious or violent crimes, but by arrests that begin with minor violations.

More arrests since HB 318 took effect

“In recent weeks, we’ve seen more police activity outside bars and recreational venues, where officers appear to wait for people to leave in order to stop them, especially to check for alcohol consumption and ensure a ‘safe ride,’” a source from an immigrant advocacy organization told Enlace Latino NC. The source requested anonymity for fear of retaliation in the current immigration climate.

They added: “We question whether these traffic stops outside these businesses are targeting only the Latino community and not white individuals, because many of the detentions have come from these stops.”

The sheriff’s office also confirmed an increase in detentions that lead to ICE holds. One reason is the implementation of HB 318, which expanded the types of offenses for which sheriffs must notify immigration authorities when a person’s status cannot be verified.

“It added more offenses, such as DWI and any felony,” Buncombe County Sheriff Quentin Miller said in an email to Enlace Latino NC.

Miller noted that federal immigration activity “can have a real impact on families in our community” and said his office aims to maintain public safety and transparency.

287(g) in Henderson

In neighboring Henderson County, where the 287(g) program is active, immigrant rights organizations report an increase in arrests for minor traffic violations such as driving without a license or insurance.

“There’s an increase across counties. Talking to organizations in other areas, they’re all saying the same thing,” the same source said. “Three or four years ago, you’d see one or two Latinos in jail per week. Today, you see two or three every day.”

Enlace Latino NC requested information from the Henderson County Sheriff’s Office, which reported 205 people detained and transferred to ICE in 2025. Updated figures for 2026 were not available at the time of publication.

The impact on the community

In many cases, almost no one in the Latino community — and even less in the general public — is aware when someone is taken by ICE following a minor offense.

Unlike high-profile federal operations in large cities, which generate panic, protests, and support networks, deportations that originate in local jails happen quietly.

“The impact of people going through the jail system is very different. The broader community doesn’t experience it — only those closest to the person, the family,” the source said. In many cases, even advocacy organizations are unaware. “I think we only receive about 30% of those reports.”

That same silence exists within the system.

Buncombe County public defender Elliot Spector told Enlace Latino NC: “There’s also a sense of powerlessness. We are not notified when ICE takes someone. One day the client is there, the next day they’re gone, and sometimes there’s no record where we can check if they have an immigration hold.”

In many cases, the process unfolds quietly: there is shame, fear, or a belief that the person “brought it on themselves.”

“Sometimes there’s shame, or people think they deserved it. There’s a lot of taboo around alcohol issues in our community and very little support.”

More than 60% of these detentions are linked to DWI, a misdemeanor that, after HB 318, has increasingly become an entry point into immigration detention.

How the system works: from minor offense to ICE custody

The path from a minor violation to ICE custody is not always immediate, but it follows a clear pattern within the local criminal justice system.

According to public defender Spector, many cases begin with a traffic stop for a minor infraction, such as driving without a license or with an expired registration.

In such cases, the person may receive a citation and not be arrested immediately. But if they fail to appear in court — due to confusion, lack of notice, or fear — a warrant is issued. A later stop for a minor violation can then lead to jail due to that outstanding warrant.

It is at that point, upon entering the jail system, that the immigration process may be triggered — even if the person pays bond.

“This system doesn’t require visible operations to function,” Spector said. “You may not always see ICE in the streets, but ICE is in the jail every day.”

What the data show in Buncombe

  • 83% of cases involve minor offenses.
  • Only 17% involve serious crimes.
  • DWI accounts for more than half of all cases.
  • About 55% of cases involve driving under the influence.
  • Most charges are traffic-related.
  • Common violations include driving without a license, with a revoked license, or without insurance.
  • Domestic violence accounts for about 16% of cases.
  • Some people were transferred to ICE without a criminal conviction.
  • In several cases, charges were dismissed by the court.
  • Paying bond does not guarantee release.
  • In multiple cases, individuals paid bond but remained detained due to an active ICE hold.
  • Some arrests stem from prior legal processes.
  • Outstanding warrants for failure to appear in court are common.
  • There are also arrests for low-level offenses, such as failing to stop at a stop sign or petty theft under $80.
  • Serious crimes are few and specific.
  • These include cases such as child abuse, sexual offenses, or drug trafficking.
  • The profile of cases is consistent.
  • Most involve adult men detained for low-level offenses related to traffic or alcohol use.

Después de la tormenta

Hace un año, el huracán Helene golpeó al oeste de Carolina del Norte. La comunidad latina respondió con algo más fuerte que la tormenta: solidaridad.

🎧 En este episodio, conoce cómo las organizaciones latinas transformaron la crisis en resiliencia.

▶️ ¡Dale play para escuchar!

YouTube video

Creative Commons License

Republique gratuitamente nuestras historias en su website o periódico. Seguimos la licencia de Creative Commons. Dele clic al recuadro, y siga las instrucciones.

Patricia Serrano es una periodista bilingüe radicada en Asheville y miembro de Report for America. Cubre temas migratorios, políticos y sociales en el oeste de Carolina del Norte para Enlace Latino NC,...

Deja un comentario

Tu dirección de correo electrónico no será publicada. Los campos obligatorios están marcados con *