Deja vu: NC lawmakers likely to try again to compel sheriffs to work with federal immigration officials

When North Carolina lawmakers return to work April 24, one of their first orders of business is likely to be an familiar one.

For the fourth year out of the past five, they're expected to return to the debate over whether sheriffs in North Carolina should be required to cooperate with directives from federal immigration officials.

Lauren Horsch, spokeswoman for Senate Leader Phil Berger, says the leader is prepared to move forward with House Bill 10, which would require sheriffs to hold suspected undocumented immigrants in custody without a warrant at the request of U.S. Immigration and Customs Enforcement, or ICE.

ICE's program for this, known 287(g), is voluntary, not mandatory. Many North Carolina sheriffs have chosen to participate in it. But some sheriffs in larger metro counties have refused, including Durham, Wake and Mecklenburg, and it's been a central issue in sheriffs' elections in those counties since 2018.

Sheriffs who decline to participate say they have no authority to hold an arrestee without a warrant if they make bond and are otherwise free to go.

Democratic Gov. Roy Cooper vetoed similar bills in 2019 and 2022. In those years, Democrats had enough votes to uphold the veto, so override votes weren't attempted.

That changed in 2023, when Republicans gained enough votes to override a veto in both chambers.

The House passed House Bill 10, the third iteration of the ICE bill, in 2023, but the Senate left it waiting in committee when session adjourned.

This year, however, is an election year, and illegal immigration is a top issue for Republican voters.

Republican lawmakers say House Bill 10 would protect public safety in North Carolina. They point to a case in Mecklenburg County, in which an undocumented immigrant was released and went on to commit a violent crime. They say that wouldn't have happened if he had been held in jail at ICE's request.

But critics of the bill, including many legal immigrants, say it would have a chilling effect on the relationship between local law enforcement and immigrant communities, making them less likely to report crimes.