NC lawmakers again seek to force sheriffs to work with ICE

After two previous attempts to require sheriffs in North Carolina to work with federal Immigration and Customs Enforcement, state lawmakers are trying again this session.

House Bill 10 would require sheriffs to honor voluntary 48-hour detainer requests from ICE, even after a judge or magistrate has released an arrestee or the arrestee has completed their sentence.

It would also expand the number of arrestees whose immigration status the sheriff would be required to check to include those charged with misdemeanor assault or violation of a protective order.

Sheriffs in six counties – Wake, Durham, Forsyth, Guilford, Mecklenburg and Buncombe – have pledged not to honor the voluntary detainers. The bill would make that illegal.

Wake County Sheriff Willie Rowe said in a statement, "I want to make it clear that I oppose House Bill 10 (HB10). This bill hinders the Sheriff’s Office's ability to build relationships with the community and takes away power from the Sheriff to set local law enforcement priorities. ... I want to make our communities safer, but HB10 will make us less safe by fomenting distrust in local law enforcement. No one should fear interacting with the Wake County Sheriff’s Office because of their federal immigration status."

In 2019 and again in 2022, GOP lawmakers passed similar bills. Gov. Roy Cooper, a Democrat, vetoed both. Republicans are hoping they might find the votes to override a veto this year.

Sponsor Rep. Destin Hall, speaking to the House Judiciary 2 committee Wednesday, offered examples of cases where an undocumented immigrant was allowed to bond out of jail and then committed another crime.

Hall, R-Caldwell, said the bill would apply only to people charged with violent offenses, not those picked up for driving violations or minor crimes.

“Murder, rape, kidnapping, human trafficking, gang crimes, drug crimes, that sort of thing,” Hall explained. “These are folks who are here illegally, who have been arrested for the kind of crimes I just described, and they are already in a county jail because of that.”

Democrats on the committee said the bill forces local sheriffs to act on behalf of ICE, even if voters may have voted them in because they pledged not to. Rep. Marcia Morey said it could force sheriffs to violate an arrestee’s constitutional rights.

“We have seen, too many times, examples of people on a driving offense that may be held that 48 hours, may be sent down to Atlanta, never to be seen by their family,”said Morey, D-Durham. “I just think this bill is too much of an overreach.”

The committee heard testimony from five witnesses on each side of the debate. Those supporting the bill said it’s necessary to keep North Carolinians safe and make sure criminals are held accountable for their actions.

Chris Storie lost her brother, Joe Storie, when an undocumented immigrant, driving impaired, hit their car on the Outer Banks in 2011. Her brother was killed instantly, and she was critically injured.

Storie said after the man’s bond was reduced by a judge, he fled. She said a detainer could have helped keep him in custody.

“He’s from Honduras. He’s walking free now. He could possibly kill a whole family next time. He’s devastated my family,” she told WRAL News. “There are thousands of Americans killed every year, and in many cases, like my case, we get no justice.”

On the other side, Bryanna Garcia, policy organizer with pro-immigrant group El Pueblo, said she’s worried about the chilling effect the bill would have on the relationship between law enforcement and her community.

“Our concern with House Bill 10 is that this is going to lead to an overpolicing in our Latinx community, as well as labeling all of those who are undocumented as criminals,” Garcia said.

Garcia told WRAL News she was sorry to hear about Storie’s experience.

“I apologize. You know, we aren’t all like that,” Garcia said. “This happened, and maybe this is something that their local police department should have looked into. But we shouldn’t all be punished for the mistake that one person did.”

There was little debate from the committee itself, but what there was was sharp. Freshman Rep Laura Budd, D-Mecklenburg, said the bill wouldn’t keep anyone from bonding out if ICE doesn’t pursue the case.

“With all due respect,” she said to Hall, “the bill is actually a smokescreen for racial profiling.”

“I realize it’s your first term, but generally most members treat each other with respect,” Hall replied, “and they don’t make personal attacks like you just did.”

Budd apologized to Hall.

The bill passed the panel on party lines. It goes next to Hall’s committee, House Rules. It could be on the House floor next week.