Immigration (Detention)

This bill repeals a previous law that expanded cooperation between local jails and federal immigration enforcement and instead requires federal agents to obtain a judicial warrant based on probable cause before making immigration arrests or conducting searches within North Carolina. It also prohibits state and local facilities from holding individuals solely on federal immigration detainers past their normal release date and directs $4 million in funding to four nonprofit organizations to provide legal services for immigrants facing removal proceedings, asylum claims, and status stabilization. By mandating judicial oversight for enforcement actions and supporting community-based legal aid, the legislation aims to limit warrantless civil immigration operations while maintaining cooperation for valid criminal warrants.

This North Carolina bill prohibits cities, counties, and local or state law enforcement agencies from entering contracts to detain noncitizens in locked immigration facilities for civil immigration cases. It also bans these agencies from maintaining facilities specifically designed to house individuals awaiting removal proceedings under federal authority. To support oversight, the Department of Public Safety must collect and report annual data on detainees, including demographics, legal status, and release or deportation details. The law includes funding for administrative costs and is set to take effect on December 1, 2026.

This bill repeals a previous law that expanded cooperation between local jails and federal immigration enforcement and requires a judicial warrant based on probable cause before federal agents can arrest, search, or detain individuals within North Carolina. It also prohibits state and local facilities from holding people solely on immigration detainers beyond their scheduled release time and allows local law enforcement to decline cooperation with federal immigration requests. To support these changes, the legislation appropriates four million dollars to fund legal services for immigrants, specifically directing grants to four nonprofit organizations for representation, asylum applications, and community legal education. The measures are designed to increase transparency in enforcement actions and restore community trust by limiting the use of administrative warrants and ensuring access to legal counsel.

HB 318 requires North Carolina county jails and detention facilities to check the immigration status of individuals charged with specific offenses (including certain felonies, misdemeanors, and impaired driving) and to notify U.S. Immigration and Customs Enforcement (ICE) if a detainer is issued. If ICE issues a detainer, facilities must hold the person for up to 48 hours (or until ICE takes custody) and notify ICE 2 hours before the person would otherwise be released. For pretrial defendants facing similar charges, the bill mandates a two-hour hold to allow ICE to issue a detainer; if none is received, the defendant must be released. The law also shields state officials from liability when following these procedures.