North Carolina state agencies detailed how they will implement the cooperation with ICE required under Senate Bill 153 in documents submitted to the General Assembly on Oct. 1.
The Department of Public Safety (DPS), Department of Adult Correction (DAC) and State Bureau of Investigation (SBI) have made their reports available on the General Assembly’s website. At the time of publication, the State Highway Patrol’s document had not yet appeared on the website, although the agency also signed a 287(g) agreement.
Each report submitted to the Legislature includes a formal letter regarding cooperation with ICE, addressed to the Joint Legislative Oversight Committee on Justice and Public Safety, which is responsible for receiving the information required by law.
The reports also include the Memorandum of Agreement (MOA) authorizing each agency’s participation with ICE through the 287(g) program, along with each department’s operational policies. The SBI’s documentation also includes a separate interagency agreement to participate in the Regional Homeland Security Task Force.
Enlace Latino NC shares some key points from the reports these agencies submitted to the North Carolina General Assembly.
Department of Public Safety: Alcohol Law Enforcement Division
The DPS report includes a transmittal letter from General Counsel Ashby T. Ray, the MOA for the 287(g) Task Force Model, the departmental policy and the directive issued by the Alcohol Law Enforcement Division (ALE).
Some key points:
– Personnel who will cooperate with ICE: Policy DPS-100 applies to employees of ALE, Juvenile Justice and Delinquency Prevention, and the National Guard, but not to all DPS employees.
– Strict prohibition during noncustodial encounters: ALE’s official directive requires that questions about immigration status or citizenship be asked only after a formal physical arrest. Inquiries about immigration status are explicitly prohibited during noncustodial encounters, such as routine traffic stops, alcohol license inspections or field questioning that does not involve an arrest.
– Inquiries and information sharing with ICE: When a person is under physical arrest and their citizenship status cannot be determined through documents or questioning, officers must consult ICE and provide the required information once the person’s noncitizen status has been confirmed.
– Transfer to detention facilities: After physically arresting a noncitizen, ALE officers transport the detainee to the appropriate local detention facility and inform jail personnel that ICE has been notified of the arrested person’s status.
Department of Adult Correction: Prison screenings, detainers and parole
The DAC report includes a notification letter to lawmakers signed by General Counsel Orlando L. Rodríguez and the MOA for the 287(g) Warrant Service Officer Model.
It also includes five institutional policies covering early repatriation, general compliance, initial screening, detainer tracking and community supervision (rules for conditional supervision).
Some key points:
– 15-day intake screening: Every newly admitted inmate at a state facility must complete an intake, orientation and diagnostic assessment process within 15 business days, during which their identity and background are verified.
– Detainer tracking and 30-day notice: DAC’s Combined Records Section will enter detainers issued by ICE into its automated system. Institutional policy requires that ICE receive a formal release notification (Form DC-216) 30 days before the inmate’s scheduled release date.
– Rapid REPAT program (early conditional release): The report details the procedures for conditional release for repatriation. Noncitizen inmates convicted of certain specified nonviolent offenses (such as theft, burglary or drug possession) may request transfer to ICE after serving 50% of their minimum sentence, provided they sign an application agreeing not to contest their deportation and never to reenter the United States.
– Community Supervision (Policy .0623): When a probation officer confirms that a probationer has been detained by ICE, the case is placed on “no-report status” in OPUS. The officer must submit an Immigration Alien Query (IAQ) to the DCI Immigration Proxy address every 90 days to check the status of the proceedings and coordinate the formal closure of the case once deportation has taken place.
State Bureau of Investigation: Serious crimes, consular rights and anti-cartel operations
The SBI’s documentation includes a notification letter to lawmakers signed by Director R.E. “Chip” Hawley, the 287(g) MOA under the Task Force Model, the arrest procedure from the agency’s internal manual and the Memorandum of Understanding (MOU) for participation in the Regional Homeland Security Task Force.
Some key points:
– Citizenship verification and consular notification: Under Procedure 12, SBI special agents must make reasonable efforts to determine the national origin and citizenship of every person arrested or in custody. The protocol requires that foreign nationals be informed of their right to notify their consular officials, in accordance with standards established by the U.S. Department of State.
– Status inquiries: If SBI agents cannot confirm that a detainee is a citizen or lawful resident, they are required to submit a direct inquiry to ICE.
– Regional Homeland Security Task Force (HSTF): In addition to the 287(g) MOA, the report includes a Memorandum of Understanding (MOU) formalizing the SBI’s participation in the Regional Homeland Security Task Force. This partnership brings together the SBI, FBI, ICE Homeland Security Investigations (HSI), ATF, U.S. Marshals and U.S. Attorneys’ Offices to combat human trafficking, transnational crime and drug cartel operations.
State Highway Patrol: Report still unavailable on General Assembly website
The State Highway Patrol’s report has not yet appeared on the legislative website.
In response to an inquiry from Enlace Latino NC, State Highway Patrol Public Information Officer Christopher D. Knox confirmed that the agency did not have a copy of the legislative report available as of the publication of this article.
This article will be updated as soon as the report is published. In the meantime, readers can access the State Highway Patrol’s 287(g) MOA with ICE and Directive I.07 in a report by Enlace Latino NC journalist Emilia Rivadeneira
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