North Carolina state agencies They detailed how they will implement the collaboration with ICE required by the SB 153 law in documents delivered on October 1 to the General Assembly.
The Department of Public Safety (DPS), the Department of Adult Corrections (DAC), and the State Bureau of Investigation (SBI) have their reports available on the General Assembly website. At the time of publication, the Highway Patrol document was not yet available on the website, although it was also They signed agreement 287(g).
Each report submitted to the Legislature includes the formal letter of cooperation with ICE, addressed to the Joint Legislative Oversight Committee on Justice and Public Safety, which is responsible for receiving the information required by law.
They also have the Memorandum of Agreement (MOA) that approves the agency's participation with ICE through the program 287(g) and the operational policies of each department. The SBI file also includes a separate inter-institutional agreement to participate in the Regional National Security Task Force.
En Enlace Latino NC We are sharing some key points from the reports that these agencies submitted to the North Carolina General Assembly.
Department of Public Safety: Alcohol Control Division
The DPS report includes the transmission letter from General Counsel Ashby T. Ray, the 287(g) program MOA agreement of the “Task Force” model, the departmental policy, and the Alcohol Enforcement Division (ALE) directive.
Some key points:
- Personnel who will collaborate with ICE: The DPS-100 policy applies to employees of ALE, Juvenile Justice and Delinquency Prevention and National Guard, but not to all DPS employees.
- Strict prohibition in non-custodial encounters: ALE's official directive requires that questions about immigration status or citizenship be asked only after a formal physical arrest. Inquiring about status is explicitly prohibited in non-custodial encounters, such as routine traffic stops, alcohol license checks, or field questioning that does not involve an arrest.
- Consultations and exchange with ICE: When a person is under physical arrest and it is not possible to determine their citizenship status through documents or questioning, agents must consult with ICE and transfer the required information once their non-citizen status is confirmed.
- Delivery to detention centers: After making a physical arrest of a non-citizen, ALE agents transfer the detainee to the appropriate local detention center and inform jail staff that ICE has been notified about the arrestee's status.
Adult Corrections Department: Prison Assessments, Detainers, and Probation
The DAC report includes: the notification letter to legislators signed by the General Counsel, Orlando L. Rodriguez, and the MOA agreement of the 287(g) program of the “Warrant Service” model.
It also has five institutional policies on: early repatriation, general compliance, initial assessment, tracking of withholdings, and community supervision (rules for conditional supervision).
Some key points:
- 15-day intake screening: Every inmate newly admitted to the State facilities must complete a reception, orientation and diagnostic evaluation process within a maximum period of 15 business days, in which their identity and background are verified.
- Detainer Tracking and 30-Day Notice: The DAC Combined Records Section will record detainers sent by ICE in its automated system. Institutional policy requires sending ICE a formal release notice (Form DC-216) 30 days prior to the inmate's scheduled release date.
- Rapid REPAT Program (Conditional Early Release): The report details the operation of conditional release for repatriation. Non-citizen inmates convicted of certain specific non-violent crimes (such as robbery, burglary, or drug possession) can request to be handed over to ICE after serving 50% of their minimum sentence, provided they sign an application in which they agree not to contest their deportation and never to re-enter the U.S.
- Community Supervision (Policy .0623): When a probation officer confirms that a probate student was detained by ICE, the case is placed in “non-report status” in OPUS. The officer must submit an Alien Inquiry (IAQ) to the DCI Immigration Proxy address every 90 days to verify the status of the process and coordinate the formal closure of the case after deportation.
Related: North Carolina settlements with ICE under SB 153: What you should know about your rights
State Bureau of Investigation: Serious Crimes, Consular Rights, and Counter-Cartel Tasks
The SBI file includes the notification letter to legislators, signed by Director RE “Chip” Hawley, the MOA 287(g) agreement under the “Task Force” model, the arrest procedure from the internal manual, and the Memorandum of Understanding (MOU) to participate in the “Regional Homeland Security Task Force”.
Some key points:
- Citizenship Verification and Consular Notification: Under Procedure 12, SBI special agents must make reasonable efforts to determine the national origin and citizenship of every person detained or in custody. The protocol mandates that foreign nationals be informed of their right to notify their consular officials, in accordance with standards set by the U.S. Department of State.
- Status inquiries: If SBI agents cannot confirm that a detainee is a citizen or legal resident, they are required to make a direct inquiry to ICE.
- Regional Homeland Security Task Force (HSTF): In addition to the 287(g) MOA agreement, the report includes a Memorandum of Understanding (MOU) formalizing the SBI's participation in the Regional Homeland Security Task Force. This alliance unites the SBI with the FBI, ICE Homeland Security Investigations (HSI), the ATF, the U.S. Marshals Service, and federal prosecutors to combat human trafficking, transnational crime, and drug cartel operations.
You may be interested: Deportation orders skyrocket in Charlotte immigration court for failure to appear at hearings
Highway Patrol: No report yet on the General Assembly website
The Highway Patrol report is not yet listed on the legislative portal.
In response to an inquiry from this media outlet, Highway Patrol Public Information Officer Christopher D. Knox confirmed that they did not have a copy of said legislative report as of the publication of this article.
This note will be updated as soon as that report is published. In the meantime, you can access the Highway Patrol's 287(g) MOA agreement with ICE and Directive 1.07 in the journalist's report. Enlace Latino NC, Emilia Rivadeneira.
Republish our stories for free on your website or newspaper. We follow the Creative Commons license. Click the box and follow the instructions.
