Immigration bills set up partisan battle in North Carolina legislature

Democratic North Carolina Gov. Josh Stein weighed two Republican-backed immigration bills that would expand the role of state and local law enforcement in aiding federal immigration efforts. The bills came as part of a wider effort by the Trump administration to crack down on immigrants living in the United States illegally.

Republican-led proposals

Senate Bill 153, titled the “North Carolina Border Protection Act,” would require state law enforcement agencies to cooperate with federal immigration authorities. It would also prohibit public universities in the UNC System from obstructing U.S. Immigration and Customs Enforcement (ICE) and allow victims of crimes committed by immigrants residing in the country illegally to sue so-called “sanctuary” communities that don’t allow local law enforcement agencies to assist federal immigration efforts.

House Bill 318, an expansion of legislation passed in 2024, would require county sheriffs to detain undocumented inmates for at least 48 hours after their scheduled release and notify ICE at least two hours before releasing an inmate. The provisions are similar to those in ICE’s 287(g) program. 

“These bills support President Trump’s immigration policies and require law enforcement agencies controlled by Gov. Josh Stein to cooperate with ICE,” Republican Senate President Pro Tempore Phil Berger said in a post on X.

Democratic lawmakers have voiced concerns about potential overreach and racial profiling.

“(Business owners say) people who are here legally are not coming to work because it’s pick up first, ask questions later,” Democratic Senate Minority Leader Sydney Batch told reporters. “They fear that they’re just gonna be picked up on a raid, and you’ll never see them again.”

Political implications

Since taking office in January, Stein has not vetoed any legislation and has sought common ground with Republican lawmakers on issues like hurricane recovery aid. However, Democrats in both chambers overwhelmingly opposed the immigration bills, with all but one voting against both measures.

Stein has not said whether he will sign or veto the bills. He must decide by June 20.

If Stein vetoed either bill, Republicans would face a challenge in overriding him. The GOP is one seat short of a veto-proof majority in the House and would need at least one Democrat to cross party lines or miss the vote.

The governor has a history of opposing former President Donald Trump’s immigration policies. As a candidate, he said he would take a “wait and see” approach regarding cooperation with federal mass deportation plans.

During Trump’s first term, Stein, then serving as North Carolina’s attorney general, joined 16 other attorneys general in a federal lawsuit challenging the Trump administration’s travel ban, which targeted several Muslim-majority countries.

Stein’s office has not responded to requests for comment on the legislation.