NC House Advances Immigration Bill Mandating ICE Cooperation Despite Opposition

Key Takeaways

• North Carolina House passed House Bill 318 requiring sheriffs to cooperate with ICE and hold undocumented inmates longer.
• House Bill 318 mandates two-hour ICE release notice and 48-hour hold for felony or serious misdemeanor inmates.
• Bill supporters cite public safety; opponents warn of legal risks, costs, and distrust in immigrant communities.

North Carolina House Pushes Forward Immigration Enforcement Bill Requiring ICE Cooperation

The North Carolina House has taken a major step in reshaping how local law enforcement works with federal immigration authorities. On April 29, 2025, lawmakers passed House Bill 318, known as the “Criminal Illegal Alien Enforcement Act,” by a vote of 70-45. This bill, which would require sheriffs to cooperate more closely with U.S. Immigration and Customs Enforcement (ICE), is now under review in the state Senate. The proposal has sparked strong debate, with supporters saying it will make communities safer and opponents warning of legal, financial, and social problems.

Let’s break down what this bill means, why it’s controversial, and how it could affect people living in North Carolina.

What Is the Immigration Enforcement Bill?

House Bill 318 is designed to make sure local sheriffs in North Carolina work more closely with ICE when they have undocumented immigrants in their jails. The bill would:

• Require sheriffs to hold undocumented inmates for up to 48 hours after their scheduled release if ICE asks for extra time to take custody.
• Make sheriffs notify ICE at least two hours before releasing any inmate who is the subject of an immigration detainer (a request from ICE to hold someone so they can be picked up).
• Apply these rules to people arrested for felonies and certain serious misdemeanors, including sexual battery and battery on an unborn person.
• Build on a previous law, House Bill 10, which already required law enforcement to communicate with ICE and honor detention requests.

Supporters say these steps are needed to keep dangerous criminals off the streets and to help enforce immigration laws. Critics argue the bill goes too far, risks violating people’s rights, and could cost taxpayers a lot of money.

Why Now? The Political and Federal Context

The push for tougher immigration enforcement in North Carolina comes at a time of big changes in national politics. After the 2024 presidential election, President Trump returned to office, promising to crack down on illegal immigration. Many Republican lawmakers in North Carolina see House Bill 318 as part of that effort.

At the same time, Congress is considering a huge increase in funding for immigration enforcement. On April 30, 2025, the House Judiciary Committee advanced a bill that would give nearly $80 billion for internal immigration enforcement, including $45 billion for ICE detention and $14.4 billion for transportation and removal operations. There are also plans to spend almost $67 billion on U.S. Customs and Border Protection, with much of that going toward border barriers.

This federal support has encouraged states like North Carolina to pass their own laws to help federal agencies like ICE do their job.

Who Supports the Bill—and Why?

The main supporters of House Bill 318 are Republican lawmakers, some law enforcement groups, and people who believe stricter immigration enforcement will make communities safer.

• House Speaker Destin Hall (R-Granite Falls) is the main sponsor. He says, “Make no mistake—when illegal immigrants commit violent crimes and are then released back into our communities, it’s the law-abiding families of North Carolina who pay the price.”
• The North Carolina Sheriffs’ Association, represented by Executive Vice President Eddie Caldwell, has spoken in favor of the bill during legislative hearings.
• The North Carolina House Republican Caucus even offered Democratic lawmakers first-class travel to El Salvador to see “the realities of transnational crime and immigration enforcement” for themselves.

Supporters argue that the bill will:

• Keep dangerous criminals off the streets by making sure ICE has a chance to pick up undocumented immigrants accused of serious crimes.
• Help local law enforcement work better with federal agencies.
• Send a message that North Carolina takes immigration laws seriously.

Who Opposes the Bill—and Why?

Opposition to the bill is strong and comes from Democratic lawmakers, some sheriffs, immigrant advocacy groups, and others who worry about the impact on civil rights and local communities.

• Rep. Jordan Lopez (D-Mecklenburg County) says the bill “requires violating people’s rights, spending taxpayer dollars to do so in the process and it opens up the state to costly lawsuits.”
• Sheriff Garry McFadden (Mecklenburg County) argues the bill “fails to rectify the legal issue of transferring an undocumented immigrant with pending state charges to ICE for civil immigration proceedings.”
• Mario Alfaro of El Pueblo, an immigrant advocacy group, claims the measure “amplifies anti-immigrant narratives.”
• Most Democratic legislators—45 out of 46—voted against the bill.

Opponents warn that the bill could:

• Lead to lawsuits if people are held in jail longer than allowed by law.
• Cost taxpayers more money by forcing sheriffs to hold people longer and handle extra paperwork.
• Damage trust between immigrant communities and law enforcement, making people less likely to report crimes or cooperate with police.
• Violate people’s constitutional rights, especially if they are held without a judge’s order.

How Would the Bill Work in Practice?

If House Bill 318 becomes law, sheriffs across North Carolina would have to change how they handle inmates who are undocumented immigrants. Here’s what would happen:

1. When someone is arrested for a felony or certain serious misdemeanors, the sheriff would check if ICE has issued a detainer (a request to hold the person for immigration reasons).
2. If there is a detainer, the sheriff would have to notify ICE at least two hours before releasing the person.
3. The sheriff would then hold the person for up to 48 hours after their scheduled release, giving ICE time to pick them up.
4. If ICE does not arrive within 48 hours, the sheriff would have to release the person.

Sheriffs who do not follow these rules could face penalties or lawsuits.

Legal and Practical Challenges

Some sheriffs, including Garry McFadden of Mecklenburg County, have raised serious concerns about how the bill would work in real life.

• Judicial Authority: Sheriff McFadden says that ICE agents need a judicial writ (a court order) to legally take custody of someone with pending state charges. Without this, sheriffs could be breaking the law by handing people over to ICE.
• Resource Burden: Holding people longer means more work for jail staff and higher costs for taxpayers. Sheriff McFadden has said his office already spends a lot of time and money dealing with immigration detainees.
• Coordination Problems: Sometimes, ICE does not respond quickly or fails to pick up detainees on time. This leaves sheriffs in a tough spot, unsure of what to do next.

The North Carolina Sheriffs’ Association has also pointed out that ICE requests are voluntary, not mandatory. This means sheriffs are not legally required to honor every detainer, which could affect how the law is enforced if it passes.

Other Immigration Bills in North Carolina

House Bill 318 is not the only immigration bill moving through the North Carolina legislature. Lawmakers are considering several other proposals:

• Senate Bill 153 (North Carolina Border Protection Act): Introduced in February 2025, this bill would require state agencies to work with federal immigration officials and make sure state funds only go to legal residents.
• House Bill 261: This bill could increase felony charges for people who are in the United States unlawfully, especially those with prior federal immigration convictions.
• House Bill 78: This bill, introduced in February 2025, would prohibit law enforcement from participating in immigration enforcement in places like religious worship centers, schools, and hospitals.

These bills show that immigration enforcement is a hot topic in North Carolina, with lawmakers taking different approaches to the issue.

What Happens Next?

House Bill 318 is now in the state Senate. If it passes there, it will go to Governor Josh Stein. Many expect the governor to veto the bill, but Republicans could try to get enough Democratic support to override a veto.

The debate is far from over. As reported by VisaVerge.com, the North Carolina Sheriffs’ Association has clarified that ICE detainer requests are not mandatory, which could shape how the law is put into practice if it becomes law.

Implications for Stakeholders

For Immigrant Communities:

• Fear and Uncertainty: Many immigrants worry that the bill will make them targets for law enforcement, even if they have not committed serious crimes.
• Less Trust in Police: If people are afraid of being turned over to ICE, they may not report crimes or cooperate with police, making communities less safe.
• Family Separation: The risk of being held for ICE could lead to more families being separated.

For Law Enforcement:

• More Work and Costs: Sheriffs would have to spend more time and money holding inmates and dealing with ICE paperwork.
• Legal Risks: Sheriffs could face lawsuits if they hold people too long or violate their rights.
• Confusion Over Rules: With ICE detainers being voluntary, sheriffs may not know exactly what they are required to do.

For Local Governments:

• Budget Strain: Holding inmates longer could increase jail costs, putting pressure on local budgets.
• Possible Lawsuits: If people are held without proper legal authority, counties could be sued, costing taxpayers even more.

For the State:

• Political Divisions: The bill has deepened the divide between Republicans and Democrats in North Carolina.
• National Attention: North Carolina is now seen as a key state in the debate over immigration enforcement.

How Does This Compare to Federal Law?

Under federal law, ICE can issue detainers asking local law enforcement to hold people for up to 48 hours after their scheduled release. However, courts have ruled that these detainers are requests, not orders. Local agencies are not required by federal law to honor them, and some have faced lawsuits for holding people without a judge’s order.

For more information about ICE detainers and federal immigration enforcement, you can visit the official ICE Detainers page.

What Should Immigrants and Advocates Do Now?

• Stay Informed: Watch for updates as the bill moves through the Senate and possibly to the governor’s desk.
• Know Your Rights: Immigrants should understand their legal rights if they are arrested or detained. Advocacy groups often provide resources and legal help.
• Talk to Local Officials: Community members can share their concerns with sheriffs, lawmakers, and other officials.
• Seek Legal Advice: If you or someone you know is affected by an ICE detainer, contact an immigration lawyer for guidance.

Conclusion and Next Steps

The Immigration Enforcement Bill in the North Carolina House is a major development in the state’s approach to immigration. If passed, it would require sheriffs to work more closely with ICE, hold inmates longer, and notify federal authorities before releasing certain people. Supporters say it will make communities safer, while opponents warn of legal problems, higher costs, and harm to immigrant families.

As the bill moves through the Senate and possibly faces a veto from Governor Stein, all eyes are on North Carolina. The outcome will affect not just immigrants and law enforcement, but everyone who cares about how the state balances safety, rights, and community trust.

For those seeking more details or official updates, the North Carolina General Assembly’s website provides the latest information on House Bill 318 and other immigration-related legislation.

By staying informed and engaged, residents can better understand how these changes may impact their lives and communities.

Learn Today

House Bill 318 → A North Carolina law requiring sheriffs to cooperate with ICE by holding certain undocumented inmates longer.
ICE → U.S. Immigration and Customs Enforcement, responsible for immigration enforcement and detaining undocumented immigrants.
Detainer → A request by ICE to local sheriffs to hold an inmate longer for immigration custody transfer.
Judicial Writ → A court order necessary for legally transferring custody of detainees with pending state charges to ICE.
Felony → A serious crime in North Carolina that triggers ICE cooperation under the bill’s provisions.

This Article in a Nutshell

North Carolina advances House Bill 318 to strengthen local cooperation with ICE by holding undocumented immigrants longer. The bill sparks fierce debate over safety, rights, and costs. It reflects broader federal immigration enforcement funding and political shifts after the 2024 election, impacting communities statewide.
— By VisaVerge.com