The recent passage of HB 10 in North Carolina has generated mixed reactions among sheriffs in the state, especially regarding its impact on immigrant communities.
La new legislation calls for closer cooperation between local sheriffs and Immigration and Customs Enforcement (ICE). Some sheriffs agree, while others fear it will erode trust between law enforcement and the community.
Below are the statements sent to Enlace Latino NC from several state sheriffs in response to this new law.
Wake County Sheriff's Office
Wake County Sheriff, Willie Rowe, expressed concern that HB 10 could generate distrust in the local immigrant community.
Rowe said her office already complies with state laws on notifying federal authorities. But the new law could discourage immigrants from seeking help from police, increasing the risk of victimization.
“I remain concerned that this bill, and any misunderstandings about it, could make our immigrant community reluctant to seek assistance from law enforcement, thereby increasing the likelihood that they will become victims of crime,” the sheriff said in a statement.
The sheriff stressed that HB 10 does not allow officers to detain someone based solely on suspicion of their immigration status. Instead, it requires that ICE be notified if a person arrested for certain serious crimes cannot prove their legal status in the United States.
“The Wake County Sheriff’s Office will continue to maintain strong working relationships with our local, state and federal partners while maintaining our commitment to serving everyone in our community,” the statement read.
“Collaboration across all levels of government is essential to public safety, and our partnerships remain focused on protecting the people of Wake County, maintaining their trust and confidence.”
He also reiterated his call for a immigration reform significant at the federal level.
“Congress must enact policies that provide sufficient resources to secure our nation’s border effectively, efficiently, and humanely,” Rowe added.
Mecklenburg County Sheriff's Office
Mecklenburg County Sheriff, Garry McFadden, remains steadfast in its opposition to the legislation. Specifically, to section 9.1(a), which rewrites North Carolina General Statute 162-62. This provision now requires ICE detainers to be honored without choice or discretion.
Sheriff McFadden cooperated with ICE, under the version of what is now 162-62, despite claims to the contrary in local media. But he believes the new law undermines sheriffs' authority. He also criticized that it prevents local communities from setting policies in line with the will of their constituents.
He also believes the new requirements are an unnecessary burden on sheriffs and taxpayers. A federal detainer and a 48-hour hold authorized by a magistrate would cost Mecklenburg County taxpayers $191 per day per detainee, with no federal support to cover a bill of $463 million.
La North Carolina Sheriffs Association (NCSA) supports the legislation, citing the easing of recordkeeping requirements for the 100 sheriffs and the expansion of overall oversight of the District Attorney’s Office, which NCSA member McFadden agrees with. However, she argues that the bill does not adequately address the fears and safety of families in the community.
“There isn't a single person who doesn't value the safety of our citizens. No one wants a violent criminal on our streets and in our neighborhoods, documented or undocumented,” said Sheriff McFadden.
“But this bill will further erode trust not only between law enforcement and the Hispanic community, but also between any undocumented resident, especially as President-elect Trump prepares to take office and there is talk of even harsher immigration policies to come. I will continue to encourage everyone to contact us, report crimes, and speak with authorities, but I fear that HB 10 will make members of our immigrant community much less likely to do so.”
Despite his disappointment, Sheriff McFadden and the Mecklenburg County Sheriff’s Office (MCSO) remain committed to enforcing the laws, including HB 10. Before the law goes into effect, MCSO will work with the magistrate to create new policies. In turn, they will ensure the safety and well-being of all residents and visitors of Mecklenburg County.
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Durham County Sheriff's Office
Durham County Sheriff Clarence F. Birkhead expressed his firm Opposition to HB 10He also highlighted his commitment to continue supporting the Hispanic community and the importance of trust and collaboration for a safer city.
“Six years ago, I opened my door to the Hispanic community, and it remains open today,” Birkhead said in a statement. “We will not allow this legislation to destroy what we have created. Instead, we will work to build an even stronger partnership moving forward.”
The sheriff also acknowledged the fear that many residents feel now that HB 10 is law. But he said that relationships of trust with the community remain strong.
“I know your concerns are valid, but our relationship is stronger than any legislation,” he added.
Additionally, Birkhead announced that it is working with local Hispanic leaders to organize a community meeting to hear residents' concerns directly and continue to promote dialogue between the community and law enforcement.
I also encourage the community to reach out to your office if they have any specific questions or issues that need to be addressed.
Buncombe County Sheriff's Office
The Buncombe County Sheriff's Office explained to Enlace Latino NC which already complies with North Carolina General Statute 162-62, which requires notification of federal authorities in certain circumstances. They also clarified that HB 10 does not allow for detaining a person solely based on suspicion of their immigration status.
“The new law requires us to determine a person’s legal status only if they have been arrested and charged with specific serious crimes,” the office said. “If we cannot verify that status, we are required to notify ICE.”
At a community meeting held in April of this year in Barrio Emma, Sheriff Quentin Miller had said: “I am one of the sheriffs who decided not to cooperate with ICE and not to be part of the 287g program. They are coming with this law to try to force us to do it and I take it personally, I will continue to fight against this.”
We will include additional statements from other sheriffs around the state as we receive their responses.
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After the storm
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