A bill to require North Carolina sheriffs to cooperate with immigration officials passed the state House this week. The Senate could take it up as soon as next week.

The Republican-controlled General Assembly passed a similar bill last year, but Gov. Roy Cooper vetoed the legislation. But the GOP strengthened the party’s majority in the legislature with the last election, giving them a better chance at overriding the governor’s veto this session.

Sheriff’s offices in North Carolina are already required to check the immigration status for some people passing through county jails. This bill requires sheriffs to check with ICE about every person with felony drug charges or arrested for violent crimes.

“When a sheriff refuses to cooperate with them (ICE) and allows folks to walk out of their jails, ICE still has to do their job,” said Republican bill sponsor Rep. Destin Hall, according to the Associated Press. “But now they have to go out into the community or into the field and try to enforce this law in a much more dangerous environment.”

In North Carolina’s biggest counties, including Mecklenburg, Wake and Durham, sheriffs have refused to cooperate with ICE. They argue the program makes immigrant communities less likely to report crimes or trust deputies.

What is an ICE detainer?

Under Senate Bill 10: Require Sheriffs to Cooperate with ICE, sheriff’s offices would be required to check the immigration status of people who get arrested if there’s any question about their citizenship.

ICE can issue a detainer if agents suspect someone is in the country illegally. That means the person could be held in jail for another 48 hours, giving ICE time to take them into custody on immigration charges.

The sheriff’s office would also have to notify ICE before releasing someone with a detainer.

What kinds of arrests trigger checking with ICE?

The bill lists a number of violent crimes and other charges that would require a sheriff’s office to check with ICE. The crimes include:

  • Class A1 misdemeanor or felony assault, including assault on a female
  • Violating a domestic violence protective order
  • Felony drug charges
  • Homicide
  • Sex offenses
  • Kidnapping
  • Human trafficking

Haven’t we been here before?

The General Assembly passed similar bills in 2019 and 2022. Cooper vetoed both.

“This law is only about scoring political points and using fear to divide North Carolinians,” Cooper wrote in his veto message last year. “Current law already allows the state to incarcerate and prosecute dangerous criminals regardless of immigration status.”

“This bill is unconstitutional and weakens law enforcement in North Carolina by mandating that sheriffs do the job of federal agents, using local resources that could hurt their ability to protect their counties," the governor said.

Can the legislature override a veto this time?

Republicans in the General Assembly strengthened their majority in the last elections, giving them enough votes in the Senate to override a veto. They are one vote short of the three-fifths needed in the House.

The legislature this week voted to override the governor’s veto for the first time since 2018. That bill repealed the state’s pistol purchase permit program.

Republicans in the House were able to get enough votes to override the veto because three Democrats were absent. The same three Democrats were the only three members of the party to vote in favor of the ICE bill when it passed the House Tuesday.

With the support of those three Democrats, whether by voting for the bill or sitting out the vote, the General Assembly could override a veto from the governor.

What do the sheriffs think?

North Carolina’s 100 sheriffs are divided on whether or not to cooperate with ICE. Many already do.

Eleven sheriffs wrote a letter to the General Assembly opposing the bill, including Wake County Sheriff Willie Rowe and Mecklenburg County Sheriff Garry McFadden, according to the AP, which shared a copy of the letter.

“These bills add substantial administrative burdens to our jail staff, as well as our court system. Overstrapped local law enforcement should not have a required extra burden of enforcing federal law with no compensation,” the letter reads.

“These bills will make our counties less safe. Multiple studies show that mandatory immigration enforcement makes people less likely to trust government authorities without improving public safety,” the sheriffs wrote.