Latest news with #HB318
Yahoo
5 days ago
- Politics
- Yahoo
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.
Yahoo
30-04-2025
- Politics
- Yahoo
ICE cooperation bill passes NC House amid pushback from Mecklenburg County sheriff
CHARLOTTE, N.C. (QUEEN CITY NEWS) — A bill that cleared the North Carolina House Tuesday night promises increased cooperation between local sheriffs and federal immigration agents. But the legislation, HB 318, is already facing pushback from Mecklenburg County Sheriff Garry McFadden. McFadden told Queen City News this week he can't hand over anyone in his custody to federal officials without the proper federal charging documents. Those documents, McFadden claims ICE rarely obtains. ICE speaks following arrests at Mecklenburg County Courthouse that drew sheriff's ire 'It is not going to fix it, whether you give me two hours or its 48 hours…we have held over 200 since December first, not one has been removed from the Mecklenburg County Jail,' said McFadden. HB 318 would require Sheriffs to give a two-hour warning to immigration officials before they release someone from their custody who is in the country illegally and charged with either a felony or certain violent misdemeanors. Most Democrats opposed the bill during floor debate. 'Not clearly identified': ICE agents arrest man at Mecklenburg County Courthouse, sheriff says 'I want due process rights, which I think this is in violation and it is an attack on undocumented people in this state,' said State Rep Marcia Morey, who represents Durham County. Mecklenburg County State Rep Carla Cunningham, who has crossed party lines to support similar legislation in the past, was the lone Democrat to vote for HB 318. She argued complying and cooperating with ICE would only improve law enforcement's ability to protect the public. With the bill passing 70-45, it now moves to the Senate where it will also likely pass. Governor Josh Stein could veto it but with Cunningham joining Republicans, the GOP may have the numbers to override any such veto. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
07-03-2025
- Politics
- Yahoo
Sheriff responds after proposed bill would require ICE notification before release
Mecklenburg County Sheriff Gary McFadden is blasting immigration legislation lawmakers, stating on Thursday they introduced it because of him. House Bill 318 was introduced on Wednesday by North Carolina House Speaker Destin Hall. It would require sheriffs to notify federal immigration authorities before they release someone at the request of the officials. The bill will try to address the issue with House Bill 10, which only 'requests' that ICE is called and not required. The new bill would allow the detainer to take effect when the person is about to be released, not when they are booked in jail. PREVIOUS COVERAGE: NC House Speaker says changes to HB10 possible after disagreements between ICE and MCSO McFadden said in his statement that he expected this bill was coming and shared thoughts on the proposed legislation. 'After reviewing the initial draft of HB-10 a few months ago, I anticipated that Speaker Hall and others in Raleigh would introduce additional amendments and new bills to address the gaps I identified,' he said. 'Instead of continually revising immigration legislation year after year, why not develop a more comprehensive immigration reform bill? As we've seen numerous times, deportation alone is failing. Rushed and poorly conceived broad proposals, drafted without input from local sheriffs who are actively engaged in immigration, crime, and social justice matters, fail to produce effective solutions or foster real community engagement, the statement read further. McFadden said that if the bill becomes law, he will indeed follow it. 'Again, without meaningful collaboration, communication, and cooperation, I'll be left waiting until the bill becomes law—only to point out the same kinds of gaps I identified in HB-10. HB 318 is not law yet and when it becomes law, I will follow that law and continue to cooperate with ICE,' McFadden said. 'We all say that we are fighting for safe communities. I have been fighting for this cause for four decades, but we must respect each other's opinions and put party affiliation and politics to the side.' (WATCH BELOW: DOGE cuts could affect USGS, EPA offices in Charlotte)
