North Carolina, Raleigh – The progress of the bill SB 101 in the General Assembly set off alarm bells for sheriffs in North Carolina.
Garry McFadden and Gerald Baker, sheriffs of Mecklenburg counties in Charlotte and Wake, respectively, participated as observers in the Senate Judiciary Committee session.
Both McFadden and Baker spoke out against the project, as they did in the past with HB 370.
Both sheriffs described the proposal as “disrespectful” to sheriffs and “contrary to the human rights” of migrant communities in North Carolina.
McFadden told Enlace Latino NC who prefers to drive from Charlotte to observe the sessions, and not depend on the reports generated by third parties, such as the North Carolina Sheriffs' Association, who spoke out in favor of HB 370 in 2019.
“Let us run our counties!”
The Mecklenburg sheriff regretted that no one consulted the opinion of officials who work with the communities.
The Sheriffs' Association, he recalled, represents 100 popularly elected sheriffs and its position should account for the diversity of criteria.
“In July I will celebrate 40 years of service. “I think I have a better pulse on what is really happening in my community than other people sitting behind a desk orchestrating a bill like this.”
McFadden was emphatic in stating that his position is not about sheriffs, but about the federal justice administration system.
Immigration authorities, he added, have the legal tools to do their job.
“Why punish us? We are elected officials to serve and lead our counties. Let us run our counties! Don't try to do it for us. This cannot become a political issue,” McFadden said.
“Introducing another bill is not the solution, it is not constitutional,” he concluded.
serve and protect
Gerald Baker, sheriff of Wake County, also has a more progressive position and rejects the content of SB 101.
“My position is the same,” Baker told Enlace Latino NC , while ensuring that he does not care whether he is re-elected or not in office, for doing what he considers right.
“As sheriff my job is to serve and protect each and every person who lives here. I don't know what can change my mind. We are talking about human rights, about what is right and what is not, about the people. For me it will always be about serving and protecting,” said Sheriff Baker.
“We have not taken a position”
Edmond Caldwell, executive vice president and general counsel of the North Carolina Sheriffs Association, advanced to Enlace Latino NC, that the organization will not define a position on the project before the first week of March. He also recalled that the association's executive committee spoke in the past in favor of the HB 370 project.
“The project was presented a week ago and we have not reviewed it. The original text (SB 101) is significantly different from 370, but the amendment presented (on February 23) is closer to 370 and the association supported that project. To this day, that position has not changed.”
Caldwell also participated this Tuesday as an observer in the session of the Senate Judiciary Committee.
At the end of the meeting, he explained that the text will be discussed by the association's Law Commission, who will issue a recommendation.
Voices in favor
Lowell Griffin, Sheriff of Henderson County, NC, participated on February 15 in the press conference called by Republican senators Chuck Edwards (Henderson), Norman W. Sanderson (Pamlico) and Danny Earl Britt, Jr. (Robeson), where they introduced SB 101.
Before a query of Enlace Latino NC , the official expressed his support for the initiative.
“In my opinion, I think the new wording should be supported,” he responded.
Griffin does not want it to be interpreted as an anti-immigrant policy, which will be used to persecute the undocumented immigrant community and officials who do not want to collaborate with ICE.
However, the amendment presented this Tuesday in the Senate rescues the wording approved in 2019 with HB 370.
“I do not criminalize people for not having documents. “I don’t determine that someone is illegal until they commit a crime,” the Henderson Sheriff stated.
Griffin said that the police need to work jointly with federal authorities to remove criminals from the communities.
“Not to persecute the migrant population.”
Discussion of SB 101 will resume during the next session of the Senate Judiciary Committee.
Why is SB 101 dangerous?
The text under discussion requires sheriffs and detention center administrators in North Carolina to Work with federal immigration authorities.
If local police detain an undocumented person suspected of committing certain crimes, they must immediately notify Immigration and Customs Enforcement. (ICE) and hold her in prison for up to 48 hours, if she cannot prove her immigration status.
If officials refuse to notify or comply with a detention order generated by ICE, they could be fined and spend up to 120 days in jail.
However, yesterday presented an amendment that would expand the crimes contemplated, leaving undocumented immigrants arrested for any reason at risk in the hands of ICE.
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