The North Carolina General Assembly will vote on July 29, 2025, to decide whether to override Governor Josh Stein’s vetoes of two major immigration bills, House Bill 318 (HB318) and Senate Bill 153 (SB153). The outcome could reshape how local law enforcement and state agencies handle immigration enforcement across North Carolina.
What’s at Stake and Who’s Involved
Governor Josh Stein vetoed both bills on June 20, 2025, arguing they would lead to unconstitutional detentions and force state law enforcement to act as federal immigration agents. Republican leaders in the North Carolina General Assembly, however, say these measures are needed to address public safety and the “illegal immigration crisis.” The Senate is expected to override the vetoes easily due to a Republican supermajority. In the House, Republicans are just one vote short of the three-fifths majority needed, so the decision may come down to a handful of swing Democrats or unexpected absences.
Key Provisions of House Bill 318 and Senate Bill 153
- House Bill 318 (HB318):
- Requires sheriffs to hold undocumented arrestees for up to 48 hours after they would otherwise be released, giving Immigration and Customs Enforcement (ICE) time to take custody.
- Mandates sheriffs notify ICE at least two hours before releasing undocumented inmates.
- Expands the list of crimes for which ICE detainers must be honored, including impaired driving.
- Senate Bill 153 (SB153):
- Requires all state law enforcement agencies to fully cooperate with ICE.
- Prohibits undocumented immigrants from receiving certain state-funded benefits.
Governor Josh Stein’s veto message warned that HB318 would “require unconstitutional detentions, violating the Fourth Amendment as interpreted by the Fourth Circuit,” and could result in people being held solely on suspected immigration violations. For SB153, Stein said it would “divert state law enforcement from local duties to act as federal immigration agents,” straining already stretched resources.
Political Tensions and Key Players
House Speaker Destin Hall, a Republican and sponsor of HB318, is leading the override effort. He claims Governor Stein is siding with “criminal illegal aliens” rather than protecting public safety. Senate Leader Phil Berger, sponsor of SB153, is confident the Senate will override the veto and accuses Stein of supporting “dangerous open-border policies.”
The House vote is especially close. Republicans hold 71 of the 72 votes needed for a successful override. This means they need at least one Democrat to support the override or be absent. Representative Carla Cunningham, a Democrat from Mecklenburg, previously voted for HB318, citing the need for ICE cooperation to address fentanyl deaths in her district. Advocacy groups are urging her and other swing Democrats—such as Charles Smith, Shelly Willingham, Cecil Brockman, and Nasif Majeed—to sustain the vetoes this time.
Advocacy and Community Response
Groups like the Carolina Migrant Network are mobilizing constituents to contact their representatives and urge them to oppose the override. They warn that the bills would harm immigrant communities, increase fear, and undermine trust between law enforcement and local residents.
Procedural Details and Legislative Math
To override a veto in North Carolina, three-fifths of members present in each chamber must vote in favor. In the Senate, Republicans have a supermajority (30 out of 50 seats), so an override is expected. In the House, the margin is razor-thin. HB318 has appeared on the House calendar several times but has been withdrawn each time as Republican leaders wait for the right moment to secure the necessary votes.
What Happens If the Overrides Succeed?
- For HB318: All sheriffs would be required to hold undocumented arrestees for up to 48 hours, likely leading to more ICE detentions and deportations. The expanded list of crimes would mean more people are subject to ICE notification.
- For SB153: All state law enforcement agencies would have to cooperate with ICE, and undocumented immigrants would lose access to certain state-funded benefits.
- Legal Challenges: Governor Stein and legal experts warn that the 48-hour hold provision could face court challenges. The Fourth Circuit has ruled that detaining people solely for suspected immigration violations is unconstitutional.
- Impact on Local Law Enforcement: Some sheriffs and local officials oppose the bills, saying they would undermine community trust and take resources away from local priorities.
If the Overrides Fail
If the House or Senate fails to override the vetoes, the bills will not become law, and current policies will remain in place. Local law enforcement will continue to have discretion over how much they cooperate with ICE.
Supporters and Opponents: What They Say
Supporters, including Republican leaders and some law enforcement officials, argue that these bills are necessary to keep communities safe and address illegal immigration. They claim that cooperation with ICE helps remove dangerous criminals from the streets.
Opponents, including Governor Josh Stein, most Democrats, advocacy groups, and some sheriffs, warn that the bills could violate constitutional rights, harm immigrant families, and make communities less safe by discouraging people from reporting crimes or cooperating with police.
Historical Context
HB318 builds on earlier legislation, such as HB10 (2024), which required sheriffs to cooperate with ICE. HB318 extends and tightens those requirements. North Carolina has been a battleground over local cooperation with ICE, with several counties labeled as “sanctuary” jurisdictions by federal authorities.
The 2024 legislative elections reduced the Republican supermajority in the House, giving Democrats just enough seats to potentially block veto overrides if they remain united.
Looking Ahead: What’s Next?
The outcome of the July 29, 2025, votes will determine whether these new immigration enforcement measures become law. If the House fails to override, Republicans may continue to bring the bills up for votes, hoping for absences or a change in Democratic votes. Legal challenges are likely if the bills become law, especially regarding the constitutionality of extended detentions.
Advocacy and community mobilization efforts are ongoing, especially targeting key swing Democrats. The debate highlights the deep divisions over immigration policy in North Carolina and the nation.
Practical Steps for Residents
- Stay Informed: Residents can follow updates and watch proceedings live on the North Carolina General Assembly’s official website.
- Contact Representatives: Constituents are encouraged to reach out to their local representatives to express their views.
- Seek Support: Advocacy groups like the Carolina Migrant Network and El Pueblo offer resources and support for affected communities.
As reported by VisaVerge.com, the decisions made in the North Carolina General Assembly this week could have lasting effects on immigrant families, law enforcement practices, and the state’s relationship with federal immigration authorities.
Key Dates to Remember
- June 20, 2025: Governor Josh Stein vetoes HB318 and SB153.
- July 29, 2025: North Carolina General Assembly scheduled to vote on veto overrides.
The coming days will be critical for North Carolina’s immigrant communities, law enforcement, and all residents concerned about public safety and constitutional rights.
Learn Today
House Bill 318 (HB318) → Legislation requiring sheriffs to hold undocumented arrestees up to 48 hours for ICE to assume custody.
Senate Bill 153 (SB153) → Legislation mandating full cooperation of state law enforcement with ICE and limiting benefits to undocumented immigrants.
Veto Override → Legislative process where a supermajority vote can pass a bill despite the governor’s veto.
ICE → U.S. Immigration and Customs Enforcement responsible for immigration detention and enforcement.
Fourth Amendment → U.S. constitutional protection against unreasonable searches and unlawful detentions.
This Article in a Nutshell
North Carolina faces a pivotal July 29 vote on immigration bills HB318 and SB153, aiming to increase ICE cooperation and detentions. Governor Stein vetoed these, citing constitutional concerns. Republicans seek override amid divided House votes, with community groups opposing for potential harm to immigrants and local policing trust.
— By VisaVerge.com
