The American Civil Liberties Union of North Carolina (ACLU NC), expressed concern over the enactment of Senate Bill 153, known as the North Carolina Border Protection Act, after lawmakers in the General Assembly overrode Gov. Josh Stein’s veto on June 24.
In a statement, the organization said that, by doing so, lawmakers ignored documented abuses by U.S. Immigration and Customs Enforcement (ICE) and the harm that, it said, the agency has caused to communities across the state.
“At a time when federal immigration agencies are facing growing bipartisan calls for transparency and accountability, our lawmakers have made it clear that blatant civil rights violations are not reason enough to rein in ICE,” the group said.
“SB 153 deepens the state’s complicity with a system that spreads fear, confusion, and harm by expanding the reach of immigration agencies that operate recklessly and giving the green light to more abuses in our communities,” it added.
Sammy Salkin, senior policy strategist at ACLU NC, told Enlace Latino NC that the law not only expands the involvement of state agencies in the federal deportation agenda, but also reinforces a narrative that criminalizes immigrants in North Carolina, causing fear and uncertainty.
“It is simply another attempt to make our immigrant neighbors here in North Carolina into scapegoats and criminalize them,” Salkin said.
Uncertainty Over the Implementation of SB 153
Although the law took effect immediately after its approval on June 24, some of its provisions, including the requirement that four state agencies sign 287(g) agreements with ICE, have implementation deadlines that have already passed.
Enlace Latino NC asked North Carolina House Speaker Destin Hall when the Highway Patrol would sign the 287(g) agreement it is required to enter into with ICE.
“I imagine as soon as they can reasonably get it organized,” Hall responded. He then added that it will depend on any memorandum of understanding (MOU) that both parties agree to sign.
Salkin explained that 287(g) agreements are not drafted, signed, or implemented overnight.
“These are agreements that have to be negotiated between law enforcement agencies and the federal government. So, in practice, this is not going to happen immediately,” Salkin said.
Salkin added that because it is still unclear when the agreements will be signed, when they will be made public, or when they will take effect, implementation remains a complicated and confusing issue.
“That is a complicated and confusing aspect: technically, the law is already in effect. However, in practice, none of this can happen overnight,” she said. “It will take time to determine exactly what these agreements will look like.”
For Salkin, the biggest question therefore concerns those agreements: when they will begin to be implemented, how they will work in practice, and what exactly they will contain.
What Can Immigrant Communities Do Now?
Salkin said it is understandable that immigrant communities feel afraid following the enactment of SB 153.
“That is precisely the purpose of this law: to instill fear,” she said.
Even so, she recommended several steps that people can take now to prepare and protect themselves.
Know Your Rights
At this time, Salkin said, it is essential for people not only to understand what their rights are, but also how to exercise them in practice.
“Many of our rights require us to assert them explicitly; for example, if the police stop you and you want to speak with a lawyer, or if you are arrested and want to speak with one, you must clearly state that you want to do so,” she said.
For more information, guides, and resources on knowing your rights, visit the ACLU NC website.
Seek Out an Immigrant Support Organization in Your Community
Across the state, Salkin noted, there is a network of organizations that provide direct support to immigrant communities.
“That is why I encourage people to look for the group in their community that does this kind of work and reach out to them whenever possible,” she explained.
Related: Where can I find organizations that offer legal assistance to immigrants in North Carolina?
Have a Plan
Finally, Salkin said it is essential to be prepared and have a plan for what to do if you are detained.
“Having a safety plan is very important so that people know how to respond and to ensure that their personal affairs are taken care of if they are detained or remain in custody for some time,” she added.
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