RALEIGH — The North Carolina General Assembly Senate Judiciary Committee voted this week mandating North Carolina sheriffs to cooperate with Immigration and Customs Enforcement, ICE, by requiring them to comply with requests by federal agents interested in picking up jail inmates believed to be in the country illegally.
On Tuesday, the bill passed the Senate Committee on Judiciary, which Sen. Danny Britt (R-Robeson, Scotland and Hoke) chairs, making it the first major legislation to advance in this year’s short session.
During the Senate Session, Britt brought the bill requiring sheriffs to cooperate with ICE to the Senate floor for a vote with success.
House Bill 10 passed 28-16, with Republicans in favor and Democrats opposed. During the debate, Britt said he understands the value immigrants add to Eastern North Carolina with agriculture, construction and business owners.
Being from Eastern North Carolina and practicing criminal law for more than 20 years, he said he has never seen a victim not get their day in court due to an ICE hold. ICE detainers have been around since the 1950s. Sheriffs stopped compiling in 2018, according to Britt.
Under HB10 immigrants who are charged with serious felonies and A1 misdemeanors as well as 50B would be subject to ICE detainers.
Britt said that it was “intended to protect undocumented immigrants who are pulled over while driving to work, for instance, and who could then be booked for driving without a license or some other traffic infraction.”
Now, once the sheriff or administrator or person in charge is notified the Immigration and Customs Enforcement of the United States Department of Homeland Security has issued a detainer and administrative warrant. The immigrant is now taken in front of State judicial officials like a judge or magistrate to serve the immigrant.
The bill states the immigrant can only be released upon one of the three conditions: The 48-hour hold is up which does not include Saturday, Sunday or holidays; ICE takes custody of the immigrant; or ICE rescinds the detainer.
HB 10 will require the Sheriff or administrator in each county facility that houses these immigrants to make a report of certain items to the State Joint Legislative Oversight Committee on Justice and Public Safety.
Two previous versions of this bill were vetoed by Democratic Gov. Roy Cooper. Both times Republicans couldn’t get the votes to override his veto. But Republicans now have a veto-proof supermajority, and the bill, House Bill 10, is likely to become law. It was passed in the state House last year and now that it has passed the Senate must go back to the House for final approval before going to Cooper’s desk, which is expected to occur quickly.