The North Carolina State Highway Patrol (NCSHP) signed an agreement on September 27, 287(g) with Immigration and Customs Enforcement (ICE), under the task force model, which allows designated personnel to assume specific immigration enforcement functions.
Although the agreement has statewide scope, these powers do not extend to all officers. Lieutenant Christopher Knox, public information officer for the NCSHP, explained to Enlace Latino NC that the agreement only “allows certain designated NCSHP personnel to carry out specific functions for the enforcement of immigration laws.”
What type of State Highway Patrol officers are authorized to conduct immigration enforcement duties?
Enlace Latino NC He obtained the official documents from the State Highway Patrol. (MOA y Directive I.07) relating to the implementation of agreement 287(g), which establish that the authority to enforce immigration laws is limited to two specialized state units. These are: the Commercial Vehicle Enforcement (CVE) Division and the Criminal Interdiction Unit (CIU).
Beginning October 1, 2026, the CVE Division is comprised of State Highway Patrol officers who inspect commercial freight trucks, freight companies, and weigh stations on North Carolina highways.
For its part, the CIU Unit is made up of specialized teams that patrol the main interstate corridors (such as I-95, I-40 and I-85) to combat drug trafficking and smuggling.
According to the agency, members assigned to these two units will participate in the 287(g) program if they meet the following requirements:
- Be US citizens with at least two years of experience in law enforcement;
- Passing federal background checks to obtain security clearances;
- They complete the mandatory ICE training and
- They undergo annual recertification.
Regarding the powers granted to authorized agents
According to the MOA, designated agents who complete mandatory ICE training will receive a two-year federal authorization that grants them the power to:
- Questioning people about their legal status and residence.
- Making arrests without a warrant for immigration violations or federal immigration crimes if it is considered likely that the person will flee before a warrant can be obtained.
- Issue formal immigration detention orders and I-213 forms. This form, known as the Alien Registration Form, is an internal official document of the Department of Homeland Security (DHS), prepared by ICE officers at the time of arresting or interrogating a person.
- Prepare federal indictment documents, such as Notices to Appear (NTAs), for the signature of an ICE supervisor.
- Take foreigners into custody and transfer them directly to ICE-approved detention centers on the same day.
In exercising these immigration powers, the agents operate under the “direct supervision and direction of ICE,” explained Lieutenant Christopher Knox.
Related: Highway Patrol officers would act as ICE agents at traffic stops in North Carolina
Protections against racial profiling
One of the main concerns raised by lawyers and community organizations a Enlace Latino NC , is the openness that these allocations can give to racial profiling on the roads.
However, Directive I.07 explicitly prohibits initiating immigration control actions based solely on race, ethnicity, national origin or language proficiency.
To ensure compliance with civil rights standards, both documents establish strict protocols for filing complaints.
The public may file misconduct complaints with ICE's Office of Professional Responsibility (OPR) (by phone at 1-833-4ICE-OPR or by email to ICEOPRIntake@ice.dhs.gov), with the NCSHP's Internal Affairs Division, or with shift supervisors.
Additionally, Section XVI of the MOA requires the State Highway Patrol to provide qualified foreign language interpreters to individuals with limited English proficiency who request them.
What is the protocol that authorized agents must follow in accordance with the MOA and Directive I.07?
Both documents establish a specific protocol for verifying immigration status:
The limits of conventional patrolling
The document also establishes a strict policy dividing line between specialized units and patrol officers assigned to routine traffic stops.
“Unappointed members are not authorized to carry out actions of immigration control under the authority of section 287(g). Non-designated members shall not detain or arrest any person based on their immigration status or on suspicion of such status,” the document says.
This means that if an undesignated patrol officer stops, questions, detains, or arrests any person based on their actual or presumed immigration status, the action is classified as an unauthorized act that exceeds state and federal authority.
This may result in disciplinary action against the member, including dismissal.
You may be interested: Are you a citizen or authorized to work? The question appears in a draft IRS tax return for 2027.
Unresolved doubts
However, questions remain about how the program will be implemented.
The documents do not indicate how many agents will receive training or when it will begin. They also do not clarify whether the agents have already completed the official training, under what criteria they can stop a driver to ask about their immigration status, or whether that authority will extend to passengers.
Enlace Latino NC sent these and other questions to the State Agency and is still waiting for an answer.
Republish our stories for free on your website or newspaper. We follow the Creative Commons license. Click the box and follow the instructions.
