NC Senate panel approves bill expanding ICE detention requirements for sheriffs
The U.S. Immigration and Customs Enforcement Service Processing Center in El Centro, Calif. (Stock photo by)
The North Carolina Senate Judiciary Committee voted in favor of a bill Wednesday that would expand state requirements for sheriffs to detain undocumented immigrants for retrieval by Immigration and Customs Enforcement.
The bill, known as House Bill 318 or 'the Criminal Illegal Alien Enforcement Act,' passed the North Carolina House in April and is now set for a vote by the Senate Rules Committee Thursday morning. It represents a continuation of the detention requirements passed in November under House Bill 10.
Rep. Carson Smith (R-Pender), a former sheriff, described the bill as an attempt to 'clarify and make a few changes' to the law after seeing it in effect. HB 318 would expand the requirement for verifying immigration status from a specific set of felonies to all felonies as well as any impaired driving offenses. It also modifies the requirements for releasing individuals in custody under ICE detention orders.
Under the proposed law, a judge or magistrate would inquire into the immigration status of any defendant charged with a felony or impaired driving offense at their pretrial release hearing. If their status cannot be determined, they would be held for an additional two hours after an inquiry to ICE on whether they are subject to any detention orders.
'If an ICE detainer and warrant is received, they're taken to the judicial official, probably the magistrate, to determine that they are the person that is subject to that detainer and that administrative warrant,' Smith said. 'If they are, they will be held up to 48 hours after whatever point they would otherwise be released for ICE to come pick them up.'
Democrats and members of the public spoke out against the bill, arguing that it damages rather than furthers public safety. Sen. Lisa Grafstein (D-Wake) said she believes the requirements violate the U.S. Constitution, given that they would require sheriffs to carry out the ICE hold even when the individual in question has been exonerated or had their charges dismissed.
'We're talking about keeping people where the state has no constitutional interest in holding them,' Grafstein said.
Under the terms of the existing law, sheriffs must only hold individuals in custody for 48 hours after the ICE detention order is received. The new proposal would require a 48-hour hold beginning when they would otherwise be released from custody.
Sen. Sydney Batch (D-Wake) said the proposal also violates the rights of crime victims, preventing them from getting justice if the offender is subject to deportation.
'As a victim myself, I wanted my day in court to testify against my offender, which I had the ability to do,' Batch said. 'This new change would mean that if he were here and there was an ICE detainer, he would then be deported prior to the time of which I would have my day in court.'
Mary Ross, an activist with Democracy Out Loud who spoke during the public comment period, said deporting someone based only on allegations of a crime is 'a really cruel way to treat people.'
'They're people who are our neighbors, and most of whom are working hard, doing great work with us,' Ross said. 'I just object to, essentially, judge and jury — the police officer arrests somebody and, boom, they're a convicted criminal and a prisoner and they're gone.'
The bill passed the Judiciary Committee hours before another bill on immigration, Senate Bill 153, passed the House. That measure, the 'North Carolina Border Protection Act,' now heads to Gov. Josh Stein's desk for his consideration. In a press release Wednesday, House Republicans announced an ad campaign targeting four Democratic lawmakers who voted against one or both bills.
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