On Sunday, December 1, the controversial anti-immigrant law HB 10 went into effect, which requires sheriffs to cooperate with Immigration and Customs Enforcement (ICE) in North Carolina.
This is a project promoted by the Republican blocs in the General Assembly and opposed by immigrant advocacy groups, numerous sheriffs and even the state governor, Democrat Roy Cooper.
After parliamentary discussions that lasted for months, both the House of Representatives and the Senate of the state voted to approve it in September 2024. Days later, Governor Cooper decided to veto it, but on November 20, Republican legislators with the help of a small group of Democrats asserted their supermajority to override the governor's veto. Finally, on December 1, it began to come into force.
What changes in North Carolina with the entry into force of HB 10?
As of HB 10's entry into force in North Carolina, sheriffs are required to verify the immigration status of anyone arrested for serious or felony offenses (including driving under the influence). The purpose of the immigration status check is to determine whether the person is a legal resident, a U.S. citizen, or undocumented.
If the sheriff's office cannot determine the legal status of the person being arrested, it must notify the ICEIn this case, immigration authorities may order the detention of the person for up to 48 hours, which may lead to the initiation of deportation proceedings.
Until the law came into force, bailiffs were not required to detain people.
Although the law establishes that this protocol only applies to those arrested for serious crimes, the truth is that in the past identical initiatives such as 287 (g), which was in force between 2006 and 2018, resulted in the arrests and deportations of people who had committed very minor offenses such as traffic violations.
Learn all the details about the entry into force of HB 10 in North Carolina:
North Carolina HB 10 Q&A: Here's what you need to know
Here we explain everything about this new law that requires the collaboration of local sheriffs with ICE.
What do North Carolina sheriffs think about the law requiring them to cooperate with ICE?
The recent passage of HB 10 in North Carolina has generated mixed reactions among sheriffs in the state, especially regarding its impact on immigrant communities.
Sheriff Gary McFadden: “HB 10 is a wall between communities”
Mecklenburg County Sheriff Gary McFadden spoke exclusively with Enlace Latino NC about why he opposes HB 10 and what he believes the consequences will be on communities if it eventually becomes law.
Why is HB 10 an anti-immigrant and dangerous law?
Contrary to what its promoters stated, this law puts people accused of committing very minor crimes, such as traffic violations, at risk of deportation.
By law, North Carolina sheriffs must cooperate with ICE
Starting December 1, North Carolina sheriffs will be required to work with Immigration and Customs Enforcement (ICE) following the override of Gov. Roy Cooper's veto of House Bill 10.
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