No later than October 1, 2026, the State Highway Patrol, known as the NC Highway Patrol, must submit a report on the memorandum of understanding 287(g) that it must establish with Immigration and Customs Enforcement (ICE), in compliance with the anti-immigrant law SB 153, North Carolina Border Protection Act, approved last week by the North Carolina General Assembly.
The requirement was included in the technical corrections section of the state budget bill, which will be put to a vote this week.
The measure also mandates that the State Auditor's Office conduct an audit to verify whether state agencies are complying with the requirements of the law. The results must be submitted to the General Assembly no later than December 31, 2026.
Agreements 287(g)
Last week, the North Carolina General Assembly overrode Governor Josh Stein's veto of the proposal passed by the legislature in the 2025 session. The new immigration law, divided into five sections, states that four state agenciesincluding the North Carolina Highway Patrol (NC Highway Patrol), establish 287(g) agreements with ICE and collaborate on functions related to the enforcement of immigration laws under federal supervision.
Related: SB 153: What is known and what is still unclear about North Carolina's new immigration law
What types of 287(g) agreements exist?
There are three types of agreements between ICE and local agencies in the country:
- El Task Force Model. Delegates powers to local agents to interrogate, detain, and arrest persons suspected of violating civil immigration laws.
- The Jail Enforcement Model It authorizes agents to question suspected incarcerated aliens with pending or actual criminal charges to determine their immigration status. Subsequently, agents can file an administrative detainer request with ICE to hold the individual for up to 48 hours after their release, allowing them to detain them.
- The Warrant Service Officer Model. ICE delegates officers to execute administrative orders inside the agency's jails or correctional facilities, but not to question suspected non-citizens about their immigration status.
No answers regarding the application mechanisms
So far, neither the original text of law SB 153 Nor do the technical corrections included in the draft budget specify how the immigration status checks, what agreements under 287(g) will be signed or what the impact of these measures will be on everyday interactions between the community and state agencies.
Regarding this issue, Christopher D. Knox, lieutenant with the North Carolina State Highway Patrol, Office of Public Information, told Enlace Latino NC that: “Although we cannot offer an interview at this time, we will work to share information as we move forward with the implementation of this legislation.”
Verification of benefits and new deadlines
Although North Carolina does not grant public benefits to undocumented people and cannot ask unemployment benefitsThe state law restricts state benefits for undocumented immigrants beyond what is required by federal law.
In relation to this point, the Assembly extends the deadline from January 15, 2026 to January 15, 2027 for the North Carolina Department of Health and Human Services (DHHS) to submit to the appropriate legislative committees a report on the implementation of the provisions of the law.
It also postpones until that same date the reports that the Department of Commerce, the North Carolina Housing Finance Agency, and local housing authorities must submit regarding the measures taken to comply with the legislation.
It also delays until January 15, 2027, the deadline for the Commerce Department's Employment Security Division to adopt and implement a policy to verify that all claimants for unemployment benefits are legally authorized to reside in the United States before receiving their first benefit payment.
As with the NC Highway Patrol, the budget proposal modifies the timelines, but does not detail what the new verification mechanisms will be or how state agencies will implement these provisions in practice.
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After the storm
A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity.
🎧 In this episode, learn how Latino organizations transformed crisis into resilience.
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