The House on Wednesday narrowly passed legislation that would require sheriffs statewide to cooperate with federal immigration officials.
The proposal was prompted by the decisions of new sheriffs in Wake, Durham and Mecklenburg counties to stop honoring detainers issued by U.S. Immigration and Customs Enforcement when they took office in December.
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The detainers are requests to keep people charged with crimes whose immigration status is in question in county jails until ICE agents can take them into custody.
Bill sponsor Rep. Destin Hall, R-Caldwell, cited a case in Mecklenburg County when a man who had already been ordered deported was arrested on a breaking and entering charge in December and was released on bond, despite an ICE detainer. The man was arrested a week later on a robbery charge, and the detainer was again ignored by the Mecklenburg County Sheriff's Office, Hall said.
"This is not the way law enforcement is supposed to work in this country," he said, calling the sheriffs who refused to cooperate with ICE "sanctuary sheriffs."
"They're putting partisan politics ahead of public safety," he added.
Opponents noted that some Republican sheriffs also don't like the measure, and the North Carolina Sheriffs' Association forcefully argued against it in a letter sent to lawmakers earlier Wednesday.
"House Bill 370 would compel duly elected sheriffs to participate in a voluntary federal law enforcement program," the letter reads. "The people of each county, as reflected by the decision of their elected sheriff, should retain the ability to decide which lawful method they will utilize in complying with existing federal and state law."
"It's not about public safety," said Rep. Marcia Morey, D-Durham. "It's about deputizing state officials to be federal immigration officials."
"Each of these sheriffs ran campaigns based upon building trust between local authorities and their respective immigrant communities," El Pueblo, a Latino advocacy group, said in a statement. "As a response, state legislators seek to undermine their efforts, further disrupting community safety as well as forcing local municipalities to engage in harmful and unconstitutional practices."
Rep. Darren Jackson, D-Wake, noted that sheriffs are already required to report felony arrests to ICE, so the pending bill would essentially crack down on misdemeanor and traffic offenses. He also noted that ICE has a history of issuing detainers incorrectly, so some people could be held in jail illegally if the bill passes.
Under the bill, anyone who believes local law enforcement isn't cooperating with ICE can file a complaint, and a judge could fine the agency $1,000 to $1,500 for every day it doesn't comply. A second offense would boost that to $25,000 a day.
"Sheriffs across North Carolina have rejected ICE’s deportation agenda because they know that it creates fear and mistrust in our communities and harms public safety," Susanna Birdsong, senior policy counsel for the ACLU of North Carolina, said in a statement. "Legislators should support the decisions of local law enforcement leaders and respect the will of the voters who elected them, not rush to pass another law that targets immigrants and wastes taxpayer resources."
After the 63-51 vote in the House, the bill now heads to the Senate.