A bill to crack down on undocumented immigrants in North Carolina passed its first vote Wednesday in a key state Senate committee. Advocates for migrants say it could drastically affect the state’s economy by driving even immigrants who are here legally out of the state.
Republican Senate leader Phil Berger is the lead sponsor of Senate Bill 153, titled the “North Carolina Border Protection Act,” an omnibus proposal that seeks to require all state agencies and state-funded programs to check all clients’ immigration status, turn away those who are not legally in the country, and report back to state lawmakers with their findings.
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The measure would also require all cabinet agencies to cooperate with U.S. Immigration and Customs Enforcement agents, including the state highway patrol and other law enforcement officers.
The proposal would also repeal governmental immunity for cities and towns with so-called sanctuary policies, opening them up to private lawsuits, and require the University of North Carolina system to work with immigration officials.
Berger doesn’t sponsor many bills. However, he’s already facing a 2026 primary challenge from the right in Rockingham County Sheriff Sam Page. Senate Bill 153, which praises President Donald Trump and criticizes Democratic Gov. Josh Stein, could help boost Berger’s conservative credentials among some voters. Immigration was one of the top issues for conservative voters in the 2024 election cycle, polling showed.
In a news release announcing the bill’s filing, co-sponsor Sen. Warren Daniel, R-Burke, said the measure follows Trump’s executive orders on immigration.
“Now that we have a federal government that is taking border control seriously, we need to do our part at the state level and ensure that our citizens are protected from criminal, illegal immigrants,” Daniel said.
Mario Alfaro is policy director at El Pueblo NC, an advocate for the state's Latino population. He’s seen similar bills filed in other states, especially in the South.
Data from the Pew Research Center shows an estimated 325,000 immigrants without legal status lived in North Carolina in 2022. They made up about one-third of the state’s immigrant population. Most worked in construction, maintenance, agriculture and service jobs.
“It’s some kind of hypocrisy,” Alfaro said of Senate Bill 153. “Because they know that the economy of the state needs this labor, the immigrant community, but at the same time we are just some kind of public enemy.”
Sen. Buck Newton, a co-sponsor, presented the bill in committee Wednesday. It could go before the full Senate for a vote next week.
“This bill would require only those who are eligible for those benefits should receive them,” said Newton, R-Wilson. “I would hope that this is something that everyone would agree with.”
Sen. Sophia Chitlik, D-Durham, pointed out that immigrants who are in the country without permission are already not eligible for assistance programs such as food stamps, unemployment and Social Security.
“As it stands right now, what's the evidence that we have to raise this kind of concern?” she asked Newton.
Newton responded: “I'm not sure that we have any evidence at this stage. That's why we want to conduct the audit — to ensure that that's not what's going on.”
Chitlik said immigrant families often include citizens and members who are in the country without legal status. She said forcing state agencies to work with ICE will keep some legal citizens from seeking assistance.
“It's inevitable that the passage of this bill, as it stands right now, will harm the most vulnerable North Carolinians from getting the help that they need when they need it,” Chitlik said.
Alfaro says the bill goes well beyond an audit. For example, it would require proof of immigration status to get an occupational license or to apply for home heating help. He says it’s all part of a larger anti-immigrant narrative.
“It’s what we saw in the last political campaign, a lot of fear and misinformation,” he told WRAL News. “It's a very hostile environment for the immigrant community.”