The North Carolina State Highway Patrol (NCSHP) signed a 287(g) agreement on Sept. 27 with U.S. Immigration and Customs Enforcement (ICE) under the Task Force Model, which allows designated personnel to assume specific immigration enforcement functions.
Although the agreement applies statewide, these powers do not extend to all officers. Lt. 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 immigration enforcement functions.”
What Type of State Highway Patrol Officers Are Authorized to Carry Out Immigration Enforcement Duties?
Enlace Latino NC obtained official State Highway Patrol documents (MOA and Directive I.07) related to the implementation of the 287(g) agreement, which establish that authority to enforce immigration laws is limited to two specialized state units. These are the Commercial Vehicle Enforcement Division (CVE) and the Criminal Interdiction Unit (CIU).
As of Oct. 1, 2026, the CVE Division is made up of State Highway Patrol officers who inspect commercial freight trucks, freight transportation companies and weigh stations on North Carolina highways.
The CIU, meanwhile, is made up of specialized teams that patrol major 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 U.S. citizens with at least two years of law enforcement experience;
- Pass federal background checks to obtain security clearances;
- Complete mandatory ICE training; and
- Undergo annual recertification.
About the Powers Granted to Authorized Officers
According to the MOA, designated officers who complete mandatory ICE training will receive a two-year federal authorization granting them the authority to:
- Question people about their legal status and residence.
- Make warrantless arrests for immigration violations or federal immigration offenses if it is considered likely that the person will flee before a warrant can be obtained.
- Issue formal immigration detainers and Form I-213. This form, known as the Record of Deportable/Inadmissible Alien, is an official internal Department of Homeland Security (DHS) document prepared by ICE officers when a person is detained or questioned.
- Prepare federal charging documents, such as Notices to Appear (NTA), for an ICE supervisor’s signature.
- Take noncitizens into custody and transport them directly to ICE-approved detention facilities the same day.
When exercising these immigration powers, officers operate under the “direct supervision and direction of ICE,” Lt. Christopher Knox explained.
Protections Against Racial Profiling
One of the main concerns raised by attorneys and community organizations to Enlace Latino NC is the possibility that these assignments could lead to racial profiling on the roads.
However, Directive I.07 explicitly prohibits initiating immigration enforcement 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 can file misconduct complaints with ICE’s Office of Professional Responsibility (OPR) by phone at 1-833-4ICE-OPR or by email at ICEOPRIntake@ice.dhs.gov, with the NCSHP Internal Affairs Division, or with on-duty supervisors.
Section XVI of the MOA also requires the State Highway Patrol to provide qualified foreign-language interpreters to people with limited English proficiency who request them.
What Protocol Must Authorized Officers Follow Under the MOA and Directive I.07?
Both documents establish a specific protocol for verifying immigration status:
Limits for Regular Patrol Officers
The document also establishes a strict policy distinction between the specialized units and patrol officers assigned to routine traffic stops.
“Non-designated members are not authorized to conduct immigration enforcement actions under the authority of Section 287(g). Non-designated members shall not detain or arrest any person based on their immigration status or suspected immigration status,” the document says.
This means that if a non-designated patrol officer stops, questions, detains or arrests any person based on their actual or suspected 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.
Unanswered Questions
However, questions remain about how the program will be implemented.
The documents do not indicate how many officers will receive training or when it will begin. They also do not clarify whether officers have already completed the official training, under what circumstances they will be able to 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 awaiting a response.
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