Although immigration laws fall under the exclusive jurisdiction of the federal government, states have the power to legislate on public safety, employment, access to state benefits, and the operation of local agencies. In North Carolina, these powers have been used in recent years to promote measures considered anti-immigrant. These are laws that strengthen collaboration with Immigration and Customs Enforcement (ICE), expand immigration verification mechanisms, and tighten requirements for employers and public agencies.
The result is not a single immigration law, but a set of rules passed at different times that, together, jeopardize the quality of life and safety of immigrants in the state.
Below are the main laws passed by the General Assembly and what they mean for the immigrant community.
HB 10: the law that made cooperation between prisons and ICE mandatory
La HB 10The law, passed in 2024, marked a turning point in North Carolina. Before it came into effect, cooperation between sheriffs and ICE depended largely on the policy adopted by each sheriff's office: some counties actively collaborated with the federal agency, while others limited that cooperation.
With HB 10, that discretion disappeared for certain cases. The law, effective from December 1, 2024, forces the bailiffs to verify the immigration status of people arrested for certain crimes and, when appropriate, notify ICE. It also requires compliance with requests for administrative detention (“detainers”) issued by the federal agency.
In practice, if a person is arrested for any of the crimes covered by the law and the sheriff cannot confirm that they are a U.S. citizen or have migratory status If the person is legally detained, they must contact ICE. If the agency issues a detainer, the jail must follow a court procedure that may result in the person being detained for up to 48 additional hours while ICE decides whether to take them into custody.
The legislation does not apply to every arrest. Offenses covered include certain crimes related to drugs, weapons, assault, sex crimes, domestic violence, and driving under the influence of alcohol or drugs.
One of the most frequently asked questions since the law was passed has been what happens with minor traffic violations. HB 10 does not require marshals to check immigration status when a person is arrested solely for minor infractions or for crimes not listed in the legislation. However, immigrant advocacy organizations And lawyers point out that, even before this law, some people ended up in immigration proceedings after initially being detained for minor infractions, especially during the period when old laws were in effect. 287(g) agreements.
HB 318: an expansion of cooperation with ICE
Less than a year later, the General Assembly went a step further. The Senate passed HB 318. Although Governor Josh Stein He vetoed it because he considered it unconstitutional., the republican bloc in the General Assembly he overturned that veto and the law came into effect on October 1, 2025.
HB 318 does not replace HB 10; it expands upon it. It broadens the cases in which sheriffs are required to cooperate with ICE and further reduces the discretion of local authorities. Immigration attorney William Vásquez, interviewed by Enlace Latino NC He summarized the difference:
“HB 318 is basically forcing all marshals to respect an ICE detainer for crimes that previously did not generate that obligation. They no longer have any discretion.”
The law adds new offenses to the list in HB 10, including additional serious crimes and certain cases of sexual assault. Another significant change is that cooperation can be initiated at the time of arrest, not after a conviction: simply being arrested for any of the listed offenses triggers the process, regardless of the outcome of the criminal case. This point is one of the most contested by immigration lawyers.
Vásquez warned that this can have serious consequences when there are police errors or false accusations: “Unfortunately, the law makes no exceptions for mistakes. The immigration system doesn't ask if it was justified or not, only if there is a detainer. That is the darkest part of this law: a mistake can lead to the separation of a family.”
One of the most significant changes is that HB 318 mandates that all counties in the state follow the same procedure, including those whose sheriffs previously chose to limit cooperation with ICE. As Vásquez explained, “These laws are very specific in forcing all counties to operate in the same way. There is no discretion. Wherever they arrest you, they will do the same thing.”
The impact of HB 318 extends beyond the legal realm. The lawyer warned that it could also increase immigrants' fear of interacting with authorities, even when they are victims of a crime: "If I'm the victim of a crime, now I don't know if I want to call the police." This fear, he noted, could translate into fewer reports and, consequently, higher levels of impunity.
SB 153: The most comprehensive state immigration law yet
If HB 10 and HB 318 changed the relationship between prisons and ICE, SB 153 (known as the “North Carolina Border Protection Act”) It represents a much broader change, bringing together in a single text measures on police cooperation, public benefits, housing, universities and sanctuary policies.
Its passage was the longest of all these laws: approved by the Senate on June 10, 2025, it was vetoed by Governor Stein ten days later, along with HB 318. While the veto of HB 318 was overridden in July 2025, the veto of SB 153 remained pending for almost a year: the General Assembly only overridden the veto on June 24, 2026, the date on which the law took effect immediately. Several of its provisions, however, still require internal regulations and procedures before they can be fully implemented.
The first part of the law requires four state agencies to sign 287(g) agreements with ICE:
- Department of Public Safety
- Department of Adult Corrections
- North Carolina Highway Patrol
- State Bureau of Investigation (SBI)
Participating agents must receive training from ICE and operate under federal supervision. One of the most uncertain aspects is how this obligation will be implemented: the law mandates the development of internal policies, but it doesn't clarify whether a traffic stop automatically places a person "under the supervision" of the State Patrol, when immigration records can be checked, or what type of 287(g) agreement each agency will sign. When asked by Enlace Latino NC Regarding when the Highway Patrol would sign its agreement, House Speaker Destin Hall responded, "I imagine as soon as they can reasonably arrange it," clarifying that it will depend on the memorandum of understanding agreed upon by both parties.
However, SB 153 does not grant state agents the power to deport people. Deportation remains the exclusive responsibility of the federal government. What the law does is increase information sharing with ICE and strengthen cooperation mechanisms, which can increase the likelihood that a person will end up in the federal immigration system.
The second part of the legislation focuses on public benefits. Although undocumented immigrants were already excluded from most state-funded programs, SB 153 directs the Department of Health and Human Services to review eligibility criteria and develop additional immigration verification mechanisms before granting certain benefits: Medicaid (except in emergencies), childcare subsidies, housing and rental assistance, energy programs for low-income families, Work First, refugee programs, and some mental health and community support programs.
Related: North Carolina SB 153: Immigration law implementation is uncertain; experts urge preparation
The 287(g) agreements: the other key piece of the migration landscape
Laws passed by the General Assembly are not the only mechanism that has expanded immigration cooperation in North Carolina. In recent years, The state also solidified its position as one of those with the most 287(g) agreements between local agencies and ICE..
The 287(g) program allows the federal government to delegate certain immigration functions to local or state agencies, whose officers receive training from ICE and operate under federal supervision. There are three models in North Carolina:
- Jail Enforcement Model (JEM): It allows trained officers within local jails to verify the immigration status of people arrested for state or local crimes and issue detainers for ICE. Only three counties—Cabarrus, Gaston, and Henderson—maintain this model.
- Warrant Service Officer (WSO): It authorizes local officers to serve ICE administrative arrest warrants against individuals already in custody. It is more limited than the JEM because it does not authorize immigration interviews or street patrols. It is the most widespread model in the state.
- Task Force Model (TFM): It allows local officers to collaborate on investigations and arrests in the community, outside of the prison setting. It is the broadest model and also the most questioned, because it brings immigration cooperation into everyday spaces such as a traffic stop or a police investigation, without the person necessarily being detained.
According to data compiled by The Markup and cross-referenced by Enlace Latino NC According to official documents, in September 2025 there were 23 active agreements in the state, all signed during Donald Trump's administration. But the landscape changed quickly again: since then, six agencies have adopted the Task Force model, the most aggressive and previously unheard of in North Carolina, raising the total to 29 agreements by March 2026. The figure places North Carolina among the 15 states with the most 287(g) agreements in the country.
This shift in the Task Force model is significant because, unlike the JEM or WSO, which are limited to individuals already detained in jail, it allows local officers to enforce immigration laws on the street: during a traffic stop, an investigation, or a checkpoint. Immigrant advocacy organizations believe this model could increase fear of reporting crimes, driving, visiting public institutions, or interacting with the police, even when someone needs help.
It's important to remember that, unlike HB 10, HB 318, or SB 153, signing a 287(g) agreement remains at the discretion of each sheriff or police department, except now for the four state agencies that SB 153 mandates to participate. This means that the outcome of a local election can determine whether a county joins the program, remains in it, or withdraws.
Laws that affect immigrants in North Carolina: debunking myths
One of the consequences of this type of legislation is the spread of rumors or incomplete information. Therefore, it's important to clarify what these regulations do and do not do.
They do not change who can obtain a visa, permanent residency, asylum, TPS, DACA, or U.S. citizenship. Those decisions remain with the federal government. Nor do they authorize state or local authorities to deport people on their own; deportation remains a federal power.
What they do is increase situations in which state or local authorities must verify immigration information, share data with ICE, or detain a person for an additional period when the federal agency issues a detention request.
Related: What are the rights of minors during an immigration raid in the U.S.?
E-Verify: more controls for employers
Unlike previous laws, this initiative has not yet become law: it is a bill under discussion in the House of Representatives.
In May 2026, Republican lawmakers introduced the bill known as “Make E-Verify Great Again” (HB 1214), which originally sought to significantly expand the number of businesses required to use the federal E-Verify system, reducing the minimum threshold for a business to use it from 25 to five employees. In June 2026, after committee modifications, that change was eliminated: if it becomes law in its current version, the requirement would continue to apply only to private companies with 25 or more employees, as is the case today.
Although that provision was removed, the initiative retains other provisions with potential impacts on employers. These include new powers for the North Carolina Department of Labor, which could conduct random audits to verify compliance with E-Verify and review employment documentation. The bill also maintains the requirement for the Department of Labor to notify ICE and law enforcement agencies when there is a “reasonable probability” that an individual is working without immigration authorization.
If the project moves forward in its current form, most of its provisions would take effect on October 1, 2026. Unlike HB 10 or HB 318, this initiative does not modify cooperation between state authorities and ICE regarding arrested individuals: its objective is to strengthen oversight of employers and compliance with the federal labor verification system.
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