A project of anti-immigrant law which requires, among other provisions, that some state agencies work with ICE, was introduced today at the North Carolina General Assembly.
The proposal introduced in the state Senate seeks to have agencies in the cabinet of Democratic Governor Josh Stein sign cooperation agreements to implement the 287(g) program, with the Immigration and Customs Enforcement (ICE) agency.
The measure includes the Office of the Secretary of the Department of Public Safety, the Highway Patrol, the Secretary of the Department of Adult Corrections, and the Director of the State Bureau of Investigation (SBI).
The initiative, SB 153 “North Carolina Border Protection Act” It was introduced by Republican Senators Phil Berger (leader of this chamber), Warren Daniel, and Buck Newton.
Details of the anti-immigrant proposal SB 153
The anti-immigrant proposal SB 153 is divided into four direct actions:
Cooperation with federal immigration authorities under the 287(g) program
The proposal requires the Department of Public Safety, the Department of Adult Corrections, the Highway Patrol, and the Secretary of the State Bureau of Investigation to enter into 287(g) program agreements with ICE to allow state officers to perform enforcement functions. immigration laws.
It also requires these agencies to verify the immigration status of people under their custody or supervision and to report to ICE those who are not citizens or legal residents. The bill does not specify the legal terms that imply custody or supervision of these officers.
The initiative does not require sheriff's offices to enter into this agreement. It should be remembered that in North Carolina the HB 10 law which requires sheriffs in the state to verify the immigration status of those arrested for certain crimes and notify ICE.
In North Carolina, there are about 15 counties with signed agreements between sheriff's offices and ICE.
Last week the Pender County Sheriff He refused to sign this agreement, expressing “concerns” about the costs that this program would generate.
If signed into law no later than August 1, 2025, the memorandums of understanding would need to be signed, but the full proposal would take effect as soon as it becomes law.
Find out: Court Order vs. ICE Order: When Should You Open the Door to Immigration Agents?
Restriction of public programs by undocumented immigrants , even though they do not legally have access at present
Although in North Carolina and the United States, by federal law undocumented people cannot have access to most federal programs and benefitsThe proposal calls for an audit to ensure that state benefits are only granted to people with legal status (which is already the case).
By federal law, undocumented individuals cannot access programs such as the Supplemental Nutrition Assistance Program (SNAP), Medicaid, Temporary Assistance for Needy Families (TANF), and Social Security Income (SSI).
It also limits undocumented immigrants' access to programs such as Medicaid, housing assistance, energy subsidies, and food assistance (as is already the case).
Sanctuary policies
Although in 2015, the North Carolina General Assembly already approved the HB 318 law, which prohibits to cities to adopt ordinances of sanctuary cities, meaning that in North Carolina there is none officially , this proposal seeks to sanction the local governments that fail to comply with state immigration laws It also prohibits counties and cities from adopting “sanctuary” policies.
If they break the law, they would lose their government immunity in cases where an undocumented immigrant commits a crime within their territory.
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Restrictions for public universities
SB 153 also prohibits institutions at the University of North Carolina, UNC, from adopting policies that limit cooperation with immigration authorities. And they establish sanctions for universities that do not comply with this provision.
The justification
North Carolina Senate leader Berger justified the measure because, in his opinion and without providing any evidence, "in North Carolina they are seeing the harmful effects of open border policies, from the dangerous trafficking of drugs to the release of criminal illegal immigrants who roam freely on our streets,” the Republican leader said.
“North Carolinians have made it clear that they will no longer tolerate sanctuary policies that put them at risk,” he said.
The Republican senator also indicated that "an equally strong message must be sent demanding that Governor Stein's administration cooperate with immigration officials."
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