House votes to expand NC sheriffs’ required cooperation with ICE, aiming to close ‘loopholes’

Lawmakers in the North Carolina House voted Tuesday to expand requirements for county sheriffs to cooperate with U.S. Immigration and Customs Enforcement, a move that Republicans say closes “loopholes” in an immigration law passed last year.

The 2024 law required sheriffs to comply with ICE “detainers” — or requests to notify the agency before an undocumented immigrant is released from law enforcement’s custody, regardless of whether they are convicted.

House Bill 318 expands on that requirement, forcing sheriffs to contact ICE in cases where a person is charged with any felony, as well as high-level misdemeanors. And it requires the sheriffs to notify the agency when a detainer is about to expire.

The bill intends to root out “loopholes” that Republicans say several sheriffs have used to avoid complying with ICE — most prominently in Mecklenburg County, where the city of Charlotte is located.

“We’re closing loopholes because five or so sheriffs have refused to cooperate,” said Rep. Brian Echevarria (R-Cabarrus).

Democratic opponents to the bill called it a violation of due process.

“You cannot detain your way to public safety,” said Rep. Maria Cervania (D-Wake), who recounted Tuesday her experience of being stopped on the road by law enforcement and threatened with ICE detention, despite being born in the U.S.

Immigrant advocacy groups blasted the bill as a cynical move to capitalize on irrational public fears that would ultimately make the state less safe. In a statement issued after the bill’s passage, the Raleigh-based nonprofit El Pueblo said, “Experience has shown that forcing local authorities to collaborate with ICE makes our communities more unsafe by instilling fear and mistrust between community members and law enforcement, discouraging victims and witnesses from reporting crimes and cooperating with authorities.”

The bill passed the House, 70-45. Rep. Carla Cunningham (D-Mecklenburg), who cited an uptick in overdose deaths in the county, joined Republicans in supporting the measure. She said lawmakers had to take every step to increase public safety.