Some of North Carolina’s top legislators want to enable state law enforcement agencies to work on behalf of federal immigration agencies.

Senate leader Phil Berger, R-Rockingham, filed a bill Monday that would direct members of Democratic Gov. Josh Stein’s cabinet — including the secretary of the Department of Public Safety and the secretary of the Department of Adult Correction — to enter cooperation agreements with the U.S. Immigration and Customs Enforcement agency by Aug. 1.

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The agreements would require law enforcement officials in those agencies, as well as the State Highway Patrol and State Bureau of Investigation, to work with ICE and determine the immigration status of any person in its custody or under its supervision. If enacted, the Senate Bill 153 would require State Auditor Dave Boliek to perform an audit on state agencies to measure their level of participation with ICE. Boliek, a Republican, would be required to provide his audit to the legislature by the end of the year.

“North Carolinians are seeing the harmful impacts of open-border policies — from dangerous drug trafficking to criminal, illegal immigrants being released from jail to roam our streets freely,” Berger said in a statement Monday afternoon. “North Carolinians made it clear that they will no longer tolerate sanctuary policies that put them at risk. We must send an equally strong message by requiring Gov. Stein’s administration to cooperate with immigration officials.”

Kate Frauenfelder, Stein's communications director, said Tuesday that the governor is still reviewing the bill, adding: "We will always do everything in our power to protect people’s rights and safety."

The bill — which Berger calls “North Carolina Border Protection Act” — would also:

  • Require the Office of State Budget and Management to determine whether, and to what extent, certain state-funded public benefit programs are being provided to unauthorized immigrants and post its findings publicly.
    • Require the OSBM to ensure that state-funded public benefits are only being provided to those who qualify for it.
      • Prohibit UNC System campuses from adopting any policy that doesn’t cooperate with federal immigration enforcement and/or adopting sanctuary school policies.
        • Allow North Carolinians to sue their local municipality if they’ve been harmed by a local law that aims to protect immigrants wanted by ICE.

          Immigration has become a top priority for North Carolina Republicans.

          In January 2024, GOP legislators called on then-Gov. Roy Cooper to send members of the state’s National Guard to Texas. Cooper suggested their request amounted to grandstanding, since the legislators hadn’t spoken out in support of a bipartisan border bill drafted in the U.S. Senate.

          In November, state lawmakers enacted a law requiring sheriffs to detain people in their jails if asked to do so by ICE. Some sheriffs opposed the law, arguing that it’s unconstitutional to detain someone once they’ve made bail.

          Republicans held a supermajority in the state legislature when they passed the law requiring sheriffs to cooperate with ICE. The GOP no longer has a supermajority; it’s one seat shy in the state House.

          If Stein vetoes Berger’s bill, Republicans could need help from Democrats to override the veto and enact the bill into law.