Bill to bolster communication between NC prison officials and ICE clears House panel

North Carolina lawmakers on Tuesday advanced a measure to bolster collaboration between prison officials and U.S. Immigration and Customs Enforcement when a person is arrested for certain crimes and their residency or citizenship status is unknown.

2022-06-28

The proposal from state Sen. Chuck Edwards, a western North Carolina Republican running for the congressional seat of outgoing U.S. Rep. Madison Cawthorn, would require judicial officials to contact ICE if the inmate is charged with certain felonies and has an unknown legal status.

The crimes include felonies relate to homicide, rape, kidnapping and human trafficking.

“It will require local law enforcement to work with federal immigration officials in the interest of public safety and growing public concerns,” Edwards said in a judiciary committee hearing.

Senate Bill 101 now goes to the House Rules Committee. It is opposed by Democrats and the American Civil Liberties Union of North Carolina. “This program perpetuates fear and distress amongst immigrant communities and local law enforcement,” said Stefania Arteaga, a representative of the ACLU.

Under current law, prison administrators must send a query to ICE where possible when a person’s legal status can’t be determined. The bill seeks to create a more standardized statewide process. A prisoner subject to an ICE detainer would be held in custody for up to 48 hours.

The measure faces an uphill battle to become law. Democratic Gov. Roy Cooper vetoed a similar bill in 2019, calling it at the time an effort to score “partisan political points.” He also said the measure “weakens law enforcement in North Carolina by mandating sheriffs to do the job of federal agents.”

On Tuesday, Senate lawmakers also passed measures to ease regulations on bar owners and increase penalties for organized retail theft rings and the criminals who run them. The loosened restrictions for bar owners goes back to the House for final approval, while the crackdown on theft goes to Cooper. Also looming over lawmakers is a Thursday deadline to legalize hemp before the burgeoning industry becomes unlawful.