The North Carolina Senate passed two bills on Tuesday that underscoresa growing focus on, and frustration with, illegal immigration. House Bill 318, the Criminal Alien Enforcement Act, and SB 153, the North Carolina Border Protection Act. Both passed the Senate along party lines with no Democrat support.
SB 153 bill passed 26-17 mandates broad cooperation between state agencies and federal immigration authorities and seeks to curb sanctuary city policies across the state. HB 318 would require sheriffs and local law enforcement across the state to cooperate with federal immigration authorities when dealing with individuals suspected of being in the country illegally and charged with serious crimes.
The votes come as riots in Los Angeles continued on Tuesday, amplifying calls for stricter immigration policies and greater cooperation between local law enforcement and federal immigration authorities. Proponents argue that enhanced collaboration is necessary to maintain public order and uphold the rule of law amid escalating tensions.
“North Carolina is one step closer to increasing the safety of every citizen in the state,” said bill sponsor Senate Leader Phil Berger, R-Rockingham. “The Republican-led General Assembly made it clear that harboring criminal illegal aliens will not be tolerated in our state. It’s time for Gov. Josh Stein to show North Carolinians that he stands with them and supports the rule of law by swiftly signing this bill.”
Provisions of the Bills
House Bill 318 compels law enforcement agencies to honor detainer requests from US Immigration and Customs Enforcement. When an undocumented individual is arrested and ICE issues a detainer, local officials must hold the person for up to 48 hours to allow for federal pickup.
The legislation prohibits local governments from adopting sanctuary policies and introduces penalties — including potential loss of state funding — for noncompliance. Additionally, it requires jail administrators to notify ICE when they reasonably believe someone in custody is unlawfully present in the United States, even if a detainer has not yet been issued.
Beyond law enforcement, SB 153 instructs state agencies such as the Department of Health and Human Services and the Division of Employment Security to review public benefits distributed to unauthorized immigrants and ensure those benefits are curtailed where prohibited by law.
The bill also includes a provision to waive local government immunity for jurisdictions deemed “sanctuary” cities or counties, allowing private citizens to sue if they suffer harm as a result of illegal immigrant activity. Additionally, it bars UNC System campuses from adopting policies that limit cooperation with federal immigration authorities.
“Holding Sanctuary Cities accountable for their disregard of public safety will bring peace of mind to North Carolinians,” Senate Bill 153 sponsor Sen. Buck Newton, R-Wilson, said. “We cannot have safe communities if elected officials are openly flouting state laws to earn political clout.”
Political Divide
Republican lawmakers say the legislation addresses public safety concerns and closes loopholes that allow potentially dangerous individuals to be released back into communities.
Democrats opposed to HB 318, raising concerns about racial profiling, strained relationships between immigrant communities and law enforcement, and the potential for constitutional challenges.
“I believe that all of you agree that our constituents sent us here to tackle truly urgent issues, but instead what have we decided today to spend our time on: bullying, stoking fear, solving absolutely made-up problems, pointing fingers, and trying to sell a lie that immigrants are the source of our problems,” said Sen. Sophia Chitlik, D-Durham, on the Senate floor Tuesday.
SB 153 goes straight to the desk of Gov. Josh Stein for final approval, having already passed the state House.
HB 318 now returns to the House for a final vote to approve an amendment made in the Senate. If passed there, it will be sent to Stein.
If Governor Stein joins legislative Democrats in opposing the bills and issues a veto, the Republican supermajority in the Senate—and their being just one vote shy of a supermajority in the House—means a veto override remains a possibility.
No Democrats in either chamber voted in favor of SB 153 on sanctuary cities. One Democrat voted for the original HB 318 in the House; Rep. Carla Cunningham, D-Mecklenburg, broke with Democrat House members and voted ‘yes.’
Election Implications
North Carolina joins several other Republican-led states pursuing stricter immigration enforcement laws as federal gridlock on immigration reform continues. The bills’ passage signals the state’s alignment with national efforts to assert local authority in immigration policy.
As the 2024 election approaches, Republicans plan to spotlight Democratic opposition to HB 318 and SB 153, particularly in competitive districts. Immigration policy is expected to be a centerpiece of campaign messaging, with party officials already signaling targeted ad buys and voter outreach strategies focused on public safety and immigration.
“These are critical public safety measures requiring state law enforcement officials and sheriffs to notify Immigration and Customs Enforcement (ICE) before releasing individuals subject to federal detainers,” the GOP statement said.
House Republicans say the new campaign will focus on House Democrats in competitive districts: Reps. Lindsey Prather, D-Buncombe; Bryan Cohn, D-Granville; Garland Pierce, D-Scotland; and Dante Pittman, D-Wilson. All four legislators either opposed or abstained from voting on HB 318 and and Senate Bill 153.
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Author: CJ Staff
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