The North Carolina General Assembly overrode today, Tuesday, July 29, Governor's Josh Stein’s veto of HB 318, a law that strengthens sheriff's cooperation with Immigration and Customs Enforcement (ICE).

The law was ultimately passed by a vote of 72–48 in the House of Representatives and 30–19 in the Senate, reaching the required supermajority to override the veto.

What is HB 318?

HB 318 is a North Carolina law that requires all local sheriffs to cooperate more closely with ICE.

What Changes with the New HB 318 Law in North Carolina? 

The law will only apply after an immigrant is arrested and establishes the following:

1. Mandatory collaboration with ICE : Starting October 1, 2025, sheriffs in North Carolina will be required to notify ICE before releasing a detained person if they are subject to a arrest warrant immigration and has been arrested for certain crimes.

This change represents a significant expansion from the previous law (HB 10), which only required this notification for certain serious crimes. Now, with HB 318, the list of offenses includes:

• All felonies 
  This covers a wide range of serious crimes such as:
  Murder
  robbery with violence
  Assault with a weapon
  Arson
  Fraud and money laundering
  Rape and sexual exploitation of children
  (In North Carolina, felonies are classified from Class A—the most serious—to Class I—the least serious—)
  
• Certain sexual offenses 
  In particular, those defined under: Sexual assault, non-consensual sexual contact, among others.
  Sexual abuse and exploitation of minors.
  
• Driving Under the Influence (DWI) : Any arrest related to driving under the influence of alcohol or drugs.
  
• Violations of protection orders by domestic violence 

2. Mandatory detention of up to 48 hours  from the moment the person would be eligible for release. This represents an extension of the previous law, which started counting from the ICE administrative order.

If an administrative detainer exists, the person must be brought before a state judge. If the judge confirms that the person is the same person, he or she may be held for up to 48 additional hours while ICE decides whether to transfer the person into custody. If ICE does not act within that time, the person must be released (unless there is another legal reason to continue detaining them).

When does it go into effect?

The law will come into force on October 1, 2025..

You may be interested:  These are the North Carolina counties with the most ICE arrests

Steps a sheriff must follow under HB 318 

1. Verify immigration status If the person was arrested for any of the above crimes, the sheriff should attempt to confirm whether the person is a legal resident or citizen:
   • By direct interview
   • Reviewing documents
   • Or both
2. Check with ICE if status is not confirmed If the status is unclear, you should submit an inquiry to ICE.
3. Immigration Detention Notification If ICE issues a detainer and administrative warrant, the sheriff must present the detainee before a judge before releasing them. The judge will review the warrant and, if confirmed, order the detainee to be the appropriate person, order their detention and transfer to ICE when an officer requests custody.
4. Mandatory retention (up to 48 hours) If the judge orders the detention, the bailiff must:
   • Keep the detainee for up to 48 hours from the moment he would otherwise be free
   • Notify ICE two hours before releasing the person
5. Release if ICE does not respond If ICE does not appear within the allotted time or does not issue a warrant within that time, the sheriff must release the detainee pursuant to the court order.

Related:  How a Democratic representative helped override the governor's veto of HB 318

Legal immunity 

The law protects state and local law enforcement officers and agencies from being sued or facing criminal charges for carrying out immigration detention orders established in this law.

This means that, as long as they act according to these instructions, they are exempt from legal liability for those actions.

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HB 318: What you need to know about North Carolina's new immigration law

by Claudia Rivera Cotto, Enlace Latino NC
July 29, 2025

Enlace Latino NCJuly 29, 2025 The North Carolina General Assembly today, Tuesday, July 29, overrode Governor Josh Stein's veto of HB 318, a law that strengthens law enforcement collaboration with Immigration and Customs Enforcement (ICE). The law was ultimately passed by a vote of 72–48 in the House of Representatives and 30–19 in the Senate, achieving the supermajority required to override the veto. What is HB 318? HB 318 is a law passed in North Carolina that requires all local sheriffs to cooperate more closely with ICE. What changes with the new HB 318 law in North Carolina? The law will only be applied after the immigrant is arrested, and establishes: 1. Mandatory Cooperation with ICE : Beginning October 1, 2025, sheriffs in North Carolina will be required to notify ICE (Immigration and Customs Enforcement) before releasing a detained individual if they are subject to an immigration detainer and have been arrested for certain crimes. This change represents a significant expansion from the previous law (HB 10), which only required this notification for certain serious crimes. Now, with HB 318, the list of offenses includes: All felonies This covers a wide range of serious crimes such as: Homicide Robbery with violence Assault with a weapon Arson Fraud and money laundering Rape and sexual exploitation of children (In North Carolina, felonies are classified from Class A—the most serious—to Class I—the least serious—) Certain sexual offenses In particular, those defined under: Sexual assault, non-consensual sexual contact, among others. Sexual abuse and exploitation of minors. Driving Under the Influence (DWI) : Any arrest related to driving under the influence of alcohol or drugs. Violations of domestic violence protection orders 2. Mandatory detention of up to 48 hours from the time the person would be eligible for release. This represents an extension of the previous rule, which started counting from the ICE administrative order. If an administrative detention order exists, the person must be brought before a state judge. If the judge confirms that the person is the same, he or she may be held for up to 48 additional hours while ICE decides whether to transfer the person into its custody. If ICE does not act within that time, the person must be released (unless there is another legal reason to keep them detained). The law passed 72–48 in the House of Representatives and 30–19 in the Senate/Walter Gómez, ELNC When does it come into force? The law will come into force on October 1, 2025 . You may be interested in: These are the North Carolina counties with the most ICE arrests. Steps a sheriff must follow under HB 318 Verify immigration status : If the person was arrested for any of the above crimes, the sheriff should attempt to confirm whether the person is a legal resident or citizen: By direct interview Reviewing documents Or both Check with ICE if status is not confirmed : If the status is unclear, you should submit an inquiry to ICE. Immigration Detainer Notification : If ICE issues a detainer and administrative order, the sheriff must present the detainee before a judge before releasing him or her. The judge will review the order and, if he confirms that it is the correct person, will order his detention and transfer to ICE when an officer requests custody. Mandatory detention (up to 48 hours) : If the judge orders detention, the bailiff must: Keep the detainee for up to 48 hours from the moment they would be free Notify ICE two hours before releasing the person Release if ICE does not respond : If ICE does not appear during the established time or does not issue an order within that time, the sheriff must release the detainee in accordance with the court order. Related: How a Democratic representative helped override the governor's veto of HB 318 Legal immunity The law protects state and local law enforcement agents and agencies from being sued or facing criminal charges for complying with immigration detention orders established in this law . This means that, as long as they act in accordance with these instructions, they are exempt from legal liability for those actions. This <a target="_blank" href="https://enlacelatinonc.org/hb-318-lo-que-debes-saber-sobre-la-nueva-ley-de-inmigracion-en-carolina-del-norte/">article</a> first appeared on <a target="_blank" href="https://enlacelatinonc.org">Enlace Latino NCand is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License. PARSELY = { autotrack: false, onload: function() { PARSELY.beacon.trackPageView({ url: "https://enlacelatinonc.org/hb-4.0-lo-que-debes-saber-sobre-la-nueva-ley-de-inmigracion-en-carolina-del-norte/", urlref: window.location.href }); } }

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