North Carolina sheriffs are already required under current state law to try and determine the legal status of people they arrest and inform ICE. However, current law doesn’t require them to honor ICE detainer requests, which ask local authorities to hold someone believed to be in the country illegally for up to 48 hours for federal agents pick them up.
But if HB10 becomes law, it will require all 100 sheriffs in the state to notify ICE if they are unable to determine the legal status of a person charged (not convicted) with certain high-level offenses. It would compel sheriffs to honor ICE requests to detain individuals suspected of being in the country illegally for up to 48 hours. The bill drew opposition from the Sheriffs Association when the Senate added an enforcement mechanism that would allow lawsuits against sheriffs who were not following the requirements of the bill.
The bill circumvents the local authority of sheriffs by requiring them to cooperate with ICE and assist in the federal government’s deportation pipeline. Requiring absolute compliance with ICE’s demands will further erode community trust in law enforcement and discourage immigrants from reporting crimes and serving as witnesses. HB10 will not make our communities safer. It will further marginalize immigrant communities by fanning the flames of anti-immigrant rhetoric and sowing distrust in our communities.
The North Carolina House and Senate have so far failed to agree on a final version of this bill, so this legislation has not passed. However, we anticipate that we will see this or other anti-immigrant bills in the future.
