Latest news with #HouseBill318
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
21-05-2025
- Politics
- Yahoo
Civil rights groups protest North Carolina bills targeting undocumented immigrants
Maria Fernanda Najera-Aguilar, an organizer with El Pueblo, said she prays for the safety of her family and friends each day amid a crackdown by immigration authorities. (Photo: Brandon Kingdollar / NC Newsline) Immigrant rights advocates called on a crowd of about 100 to stand up against bills targeting undocumented immigrants in the state as part of an Immigrant Rights Advocacy Day demonstration outside the North Carolina General Assembly Wednesday. Speakers from the ACLU of North Carolina, the Education Justice Alliance, the Carolina Migrant Network, Muslim Women For, and El Pueblo rallied on the lawn of the Legislative Building and denounced a set of four bills as part of a broader anti-immigrant agenda by lawmakers. After the demonstration, they split up into groups to talk to legislators and leave informational materials with their offices and marched to the Governor's Mansion to deliver a petition demanding the veto of the bills. The four bills seek to crack down on undocumented immigrants in a variety of ways: House Bill 318 requires sheriffs cooperate with ICE; Senate Bill 153 does the same for state law enforcement; House Bill 261 increases the felony level of criminal charges against defendants with past immigration-related offenses; and House Bill 690 requires state agencies and universities to vet the immigration status of benefit recipients. Fernando Martinez, an organizing director with the Education Justice Alliance, urged lawmakers to 'stop playing politics with our families.' He denounced North Carolina politicians for 'painting us as criminals' who are 'invading this country' and stressed that immigrants are neighbors, colleagues, and classmates who make up a fundamental part of the community. 'We go to prayer houses together. We serve and produce food. We are teachers, we are nurses, we are building this state — literally,' Martinez said. 'Immigrants belong here, [we] are North Carolinians — and stop pushing us out.' America Juarez, a coordinator for the Carolina Migrant Network, said families in Charlotte are living in fear of ICE, alleging that agents in unmarked vehicles have been detaining employees at their places of work and children at school in an expansive operation that began May 12. She said her organization has received more than 133 calls for help in just over a week, and warned that provisions in the bills expanding cooperation with ICE would only worsen this crackdown. 'When federal agents in unmarked vehicles and civilian abduct members in our community, our neighbors, our coworkers, our families, it does not make North Carolina safer, it makes us all less safe,' Juarez said. 'For our elected officials, your silence is complicit. Will you stand by as children in your district lose their parents?' Nora Khalifa, an organizer with Muslim Women For, said such 'intimidation tactics' have had a tangible impact on her community. She said she's noticed people who no longer come to worship services out of fear that they might be detained by ICE and has heard from people who avoid public spaces as much as possible for the same reason. Closing the demonstration, Maria Fernanda Najera-Aguilar of El Pueblo said she prays for the safety of her family and friends every day amid the ongoing mass detention of immigrants, and in particular, last year's House Bill 10, which required sheriffs to follow ICE detention orders. She urged lawmakers to take a stand for 'basic human rights.' 'How can we pursue happiness and achieve aspirations when peace and security are constantly under threat?' she asked. 'I stand here today not just to speak, but to remind you that we are watching, we are organizing, and we are not going anywhere.'
Int'l Business Times
30-04-2025
- Politics
- Int'l Business Times
Partnerships Between ICE and Local Law Enforcement Rise Despite 'Clear Red Flags': Report
The number of formal partnerships between U.S. Immigration and Customs Enforcement (ICE) and local law enforcement agencies has surged since President Donald Trump returned to office, despite longstanding concerns over civil rights violations and lack of oversight, a new investigation by The Guardian shows. More than 370 new agreements under ICE's 287(g) program have been signed since January, tripling the number of such arrangements nationwide. These agreements empower local law enforcement to assist in identifying individuals for deportation. However, the report details the extent to which critical oversight mechanisms have been dismantled over the past months. Just ten days into Trump's second term, for example, the administration dissolved a Department of Homeland Security advisory board created to vet new 287(g) applications. This board included representatives from the Office for Civil Rights and Civil Liberties and was tasked with assessing the suitability of local departments. Its elimination rerouted all approvals directly to ICE leadership, significantly accelerating the approval process. The result has been the rapid approval of agencies previously denied participation in the program across the country. The report focuses specifically on the Columbus County Sheriff's Office in North Carolina, where Sheriff Bill Rogers has been the subject of recent lawsuits and misconduct allegations, including the beating of an inmate and excessive use of force during arrests. Despite these alleged transgressions, the department was accepted into the 287(g) program on March 5, weeks after Trump took office. "Clear red flags" were ignored, said Kristi Graunke, legal director of the ACLU of North Carolina, citing the department's history of abuse and lack of transparency. "With an agency like Columbus county, where there have been recent, very serious complaints of misconduct, abuse of power and legal violations, I worry whether there is sufficient oversight and screening happening," Graunte said. "Immigration law is incredibly complex and unless there is proper oversight and intensive training, there is incredible capacity for mistakes and harm." The surge in ICE partnerships coincides with a legislative push North Carolina to expand mandatory cooperation with federal immigration enforcement. On Tuesday, North Carolina's House passed a bill requiring sheriffs to notify ICE not only when detainers are issued but also when they are set to expire. The bill, House Bill 318, also expands the kinds of charges that trigger cooperation, despite opposition from civil rights groups who argue it undermines public trust and due process. The rapid expansion is not limited to major jurisdictions either. Some new 287(g) agreements involve departments serving communities of fewer than 1,000 residents, including Pittsburg, New Hampshire, where a department of two officers — one full-time — signed a task force agreement despite reporting no immigration-related encounters in a decade. As ICE shifts its strategy and footprint, observers warn that the effects of these agreements will vary widely. "We aren't going to really know until we start hearing reports about what's going on in these particular new jurisdictions," said Austin Kocher, an immigration policy researcher at Syracuse University to The Guardian. Originally published on Latin Times
Yahoo
30-04-2025
- Politics
- Yahoo
House votes to expand NC sheriffs' required cooperation with ICE, aiming to close ‘loopholes'
A U.S. Immigration and Customs Enforcement officer coordinates with other officials during an enforcement operation in San Antonio, Texas, on Feb. 5, 2025. (Photo by ICE) Lawmakers in the North Carolina House voted Tuesday to expand requirements for county sheriffs to cooperate with U.S. Immigration and Customs Enforcement, a move that Republicans say closes 'loopholes' in an immigration law passed last year. The 2024 law required sheriffs to comply with ICE 'detainers' — or requests to notify the agency before an undocumented immigrant is released from law enforcement's custody, regardless of whether they are convicted. House Bill 318 expands on that requirement, forcing sheriffs to contact ICE in cases where a person is charged with any felony, as well as high-level misdemeanors. And it requires the sheriffs to notify the agency when a detainer is about to expire. The bill intends to root out 'loopholes' that Republicans say several sheriffs have used to avoid complying with ICE — most prominently in Mecklenburg County, where the city of Charlotte is located. 'We're closing loopholes because five or so sheriffs have refused to cooperate,' said Rep. Brian Echevarria (R-Cabarrus). Democratic opponents to the bill called it a violation of due process. 'You cannot detain your way to public safety,' said Rep. Maria Cervania (D-Wake), who recounted Tuesday her experience of being stopped on the road by law enforcement and threatened with ICE detention, despite being born in the U.S. The bill passed the House, 70-45. Rep. Carla Cunningham (D-Mecklenburg), who cited an uptick in overdose deaths in the county, joined Republicans in supporting the measure. She said lawmakers had to take every step to increase public safety.
Yahoo
19-03-2025
- Politics
- Yahoo
Sheriff McFadden says ICE failed to pick up 163 undocumented people from jail
Mecklenburg County Sheriff Garry McFadden says U.S. Immigration and Customs Enforcement officers failed to pick up 163 undocumented people from the jail since December. READ MORE: ICE, partner agencies arrest 24 people in Charlotte operation McFadden emailed county commissioners on Monday. He says it cost the sheriff's office nearly $65,000 to house those detainees. House Bill 318 would require sheriffs to flag ICE within two hours of release. McFadden told commissioners that even if that bill became law, he believes ICE will struggle to pick up the undocumented immigrants. The sheriff is responding to ICE's arrest of 24 people in the county. He's asking to be notified before future operations take place. He says the notification will prevent violent assaults. He also says he contacted ICE about the increasing costs of housing people with detainers. Full Statement from McFadden: 'I wouldn't expect anything less from ICE and these federal task forces. I commend ICE, the FBI, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives for working together to remove violent criminals from our streets. This is why we have deputies on these federal task forces, however, when operations take place like this in Mecklenburg County, as a courtesy, we expect to be notified to prevent potential blue-on-blue, violent assaults. 'By now, ICE should be aware we do not honor civil detainers because they are not signed by a judge. I must follow the law—if a judge orders me to release someone, I cannot legally detain them. MCSO has housed 163 undocumented immigrants for 48 hours at the detention center, yet ICE chose not to pick up any of them nor notify me of their intentions. In fact, we welcome the name of the 6 undocumented immigrants that ICE recently arrested that they claim have active detainers on them. ICE knows they need a writ signed by a judge, along with a criminal warrant or an indictment, to take anyone into their custody. A detainer alone is not a legal document allowing me to transfer someone without a federal warrant, complaint, or writ. How many times do I need to explain this process? For instance, we well know that several people have been arrested and rearrested multiple times with detainers placed on them multiple times by ICE. ICE has not yet contacted us or notified of their intentions. 'Today, I sent an email to ICE's Atlanta Field ERO Office regarding the financial burden the detainers place on taxpayers and the importance of informing the sheriff's office of their true intentions on whether they are going to pick up these undocumented immigrants or seek federal, criminal charges. If ICE perceives these undocumented immigrants as violent or dangerous, they should place on them criminal charges, rather than detainers. 'That said, I don't see why this news stands out. Arrests like these happen every day across America, carried out by my deputies and other law enforcement officers across the county and nation. 'What I continue to expect—and have said repeatedly—is collaboration, communication, and open dialogue with ICE. A more comprehensive approach to immigration is necessary, and local sheriffs must be part of that conversation. I cannot keep having these discussions through media releases, soundbites, and weekly statements.' VIDEO: Bill requires sheriffs to notify ICE before certain suspects are released
