North Carolina State Highway Patrol (NCSHP) officers would act as ICE agents during traffic stops in North Carolina.
The state agency signed the memorandum of agreement (MOA) on September 27, according to what was published on the page Immigration and Customs Enforcement (ICE) officer
The model that the NCSHP signed to implement the 287(g) program is he "Task Force“Under this model, local officers collaborate on investigations and arrests in the community, outside the prison environment.
“This agreement gives state troopers the power to turn a routine traffic stop into a gateway for law enforcement immigration laws“Simply by asking, ‘Where was he born?’,” said Andreina Malki, Legal Defense Manager at Siembra NC.
Compliance with SB 153
As provided in the SB 153 law (North Carolina Border Protection Act), the North Carolina State Highway Patrol was forced to establish a collaborative agreement with Immigration and Customs Enforcement (ICE).
In addition to the NCSHP, SB 153 requires three other state agencies to sign 287(g) agreements with ICE so that designated agents can perform immigration functions after being trained and supervised by federal authorities.
The entities required to comply with this regulation are the Department of Public Safety, the Department of Adult Corrections, the Highway Patrol, and the State Bureau of Investigation (SBI).
Legislative steps
According to the law, no later than October 1, 2026, the security agencies involved must submit to the North Carolina General Assembly's Joint Legislative Committee on Justice and Public Safety Oversight their memoranda in accordance with ICE and the policies developed to enforce the law.
As of the publication of this note, the institutions contacted have not responded to inquiries. Enlace Latino NC nor have they provided any further information on the matter.”
It is unknown whether the agreements have been finalized, which officials would perform immigration functions, what training they would receive, and what procedures they would use. The scope and manner in which this law will be implemented are also unknown. The effect on drivers and passengers is also unclear.
You may be interested: Lawyers and families in North Carolina report difficulties in locating those detained by ICE
Know your rights
Meanwhile, Siembra NC It reminds North Carolina drivers that they do not have to answer questions about where they were born.
Under North Carolina law, the Drivers detained by authorities They are required to present their driver's license, vehicle registration, and proof of insurance. However, under the U.S. Constitution, drivers and passengers retain the right to remain silent and have no legal obligation to answer questions related to their place of birth, national origin, or immigration status.
“You don’t have to answer questions about your birthplace or your citizenship status. Exercising your constitutional right to remain silent can make the difference between returning home to your family and being turned over to the deportation system,” Malki said.
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