What is SB 153?
It's a new state law, known as the North Carolina Border Protection Act, that expands cooperation between some state agencies and ICE. It also mandates a review of whether public benefits are granted to people without legal immigration status and strengthens restrictions on immigration. sanctuary policies and prohibits public universities in the UNC system from taking measures that limit cooperation with federal immigration authorities.
When does it go into effect?
The law was passed today, June 24, and comes into effect immediately following the annulment of the Governor's Josh Stein on behalf of the General Assembly. However, several of its provisions require agencies to develop policies and procedures before fully implementing them, which is currently unknown.
Who is affected?
The law may affect:
- Immigrants without legal immigration status.
- People who are under the custody or supervision of state agencies.
- Local governments.
- Public universities of the UNC system.
The law has 6 parts; some are already previously approved laws, such as sanctuary policies.
PART 1: Agency Cooperation with ICE
That changes?
The legislation requires that 4 state agencies sign 287(g) agreements with ICE to allow designated agents to perform certain functions related to the enforcement of immigration laws. Participating officers must receive ICE training and operate under federal supervision.
The agencies are:
- Department of Public Safety.
- Department of Adult Correctional Facilities.
- State Highway Patrol, known as the NC Highway Patrol.
- State Bureau of Investigation (SBI).
What is a 287(g) agreement?
It is an agreement that allows certain state agents to receive training from ICE and collaborate on immigration enforcement functions under federal supervision. There are several types of agreements: one that operates within jails, after people have already been arrested, and Another one is the Task Force, in which law enforcement officers act like ICE on the streets, which includes traffic stops.
What should these agencies do?
The agencies must:
- Attempt to determine if a person under their custody or supervision is a citizen or legal resident.
- Consult and share information with ICE when they determine that a person is not a citizen or legal resident.
- Cooperate with ICE to the fullest extent permitted by law.
Can the State Patrol ask about immigration status during a traffic stop?
It is not clear.
The law does not explicitly state that officers may or must inquire about immigration status during a routine traffic stop. Nor does it clarify whether a traffic stop constitutes being “under supervision” as the law's language suggests.
The text refers to people who are “under the custody or supervision” of the agencies covered by the law, but it does not specify how that provision will be applied in everyday situations or what procedures the agents will follow.
Do we know how this part will be implemented?
The law does not explicitly say so.
The law mandates that agencies develop internal policies, but these have not yet been published.
That is one of the main gaps.
The text refers to people under “custody or supervision”, but does not explain:
- Whether a traffic stop automatically constitutes being under supervision.
- Whether agents will be able to ask immigration questions during routine checks.
- Will ICE inquiries occur only after arrests or also in other circumstances?
It is not yet known:
- When will immigration status be verified?
- What information will be shared with ICE.
- How long might a verification take?
- What type of 287(g) agreement will each agency adopt?
- How the process will work during arrests or investigations
It is also unknown:
- Which 287(g) agreement model will each agency sign?
- How many agents will be trained?
- When will the immigration checks take place?
- How will it affect traffic stops?
- Whether there will be new guidelines for arrests or detentions.
What is the most important thing that is still unknown?
Although the law is now in effect, many details about its practical application are still unknown. Agencies will need to draft internal policies and procedures to implement several of its provisions. For now, it is unclear exactly how immigration checks will be conducted, the scope of the 287(g) agreements, or how the law will affect everyday interactions between the community and state agencies.
Will state agents be able to deport people?
No. SB 153 does not grant the authority to deport.
Deportation remains the exclusive prerogative of the federal government. What the law does is increase collaboration and information sharing with ICE. And that is the first step towards a possible deportation.
Could this increase the risk of a person ending up in ICE custody?
Yes, potentially.
If a person is arrested or taken into custody by one of these agencies and is determined to have no legal status, the law requires sharing information with ICE and maintaining cooperation with the federal agency.
PART 2: Public Benefits
Although undocumented immigrants in North Carolina do NOT have access to public benefits such as unemployment insurance, housing, housing subsidies, Medicaid (only in emergency cases), etc., the following parts of the law state that:
Part two of SB 153 directs the North Carolina Department of Health and Human Services (DHHS) to take steps to prevent, to the extent permitted by federal law, individuals residing in the United States without legal authorization from receiving state-funded benefits.
The law requires the department to review and update the eligibility criteria for state programs and develop mechanisms to verify the immigration status of non-citizen applicants before granting benefits.
The programs that will need to be reviewed include:
Medicaid, childcare subsidies, housing and rental assistance, energy programs for low-income families, Work First, refugee programs, and some mental health and community support services.
PART 3: Public Housing
State agencies and local housing authorities will need to review eligibility for public housing programs and create mechanisms to verify the immigration status of certain applicants.
What programs does it include?
- Rental assistance.
- Housing Choice Voucher (Section 8).
- Subsidized housing.
- Home purchase programs.
- Affordable housing programs.
Do we know how they will carry out those checks?
No. The law mandates the creation of the mechanisms, but it does not yet explain how they will work.
PART 4: Unemployment Benefits
Before receiving unemployment benefits, applicants must be verified to confirm that they are legally authorized to reside in the United States.
When should it be implemented?
The initial date was set for January 15, 2026, but after the veto was overturned, there has been no update to this date to this day.
PART 5: Sanctuary Policies
What changes for cities and counties?
The law strengthens the state's existing ban on sanctuary policies. It also stipulates that cities or counties that violate the law could lose certain legal protections against civil lawsuits.
PART 6: Public universities
What changes for universities in the UNC system?
Public universities may not adopt policies that limit the application of federal immigration laws beyond what is permitted by federal law.
>>> See the full text of the new immigration law North Carolina Border Protection Act
PODCAST
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.
▶️Press play to listen!
Republish our stories for free on your website or newspaper. We follow the Creative Commons license. Click the box and follow the instructions.
