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| Washington Examiner |
Lawful immigration cooperation by North Carolina sheriffs with federal agents, with clarity in detainer and arrest warrant language, could soon be law.
Recently, there’s been a gap in communication and handling of cases by sheriffs, mostly by Democrats in urban areas, and U.S. Customs and Immigration Enforcement, known as ICE. House Bill 10 has passed the Senate and is on the way back to its chamber of origination for agreement on language.
Under HB10, sheriff’s offices “shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents.”
This would include any prisoners charged with a felony or Class 1 misdemeanor.
Inability to determine whether the person is in the country legally would lead to required contacting of Immigration and Customs Enforcement.
According to the bill, “if the prisoner has not been lawfully admitted to the United States, the United States Department of Homeland Security will have been notified of the prisoner’s status and confinement at the facility by its receipt of the query from the facility.”
If federal authorities tell a Sheriff’s Office that there is a detainer on the suspect, the prisoner must be taken before a state judicial officer who will be provided with a copy of the detainer, the legislation says.
“The judicial official shall issue an order directing the prisoner be held in custody if the prisoner appearing before the judicial official is the same person subject to the detainer and administrative warrant,” the bill reads. --->READ MORE HERE
A House bill ordering North Carolina sheriffs and jailers to comply with federal immigration requests to hold an inmate suspected of being in the country illegally passed the state Senate
Sheriffs would be required to temporarily hold inmates in jail that federal immigration agents believe are in the country illegally under a bill passed by the North Carolina Senate on Thursday.
But unlike two previous versions of the bill successfully shot down by Democratic Gov. Roy Cooper's veto in the last five years, the measure stands a strong chance of becoming law thanks to GOP seat gains.
The Senate voted along party lines for the measure in a 28-16 vote. Now the legislation returns to the House, where Speaker Tim Moore said Wednesday he supports the measure and that his chamber could vote on the Senate changes as soon as next week.
An affirmative House vote would send the measure to Cooper, who could veto it again. But a GOP supermajority in both chambers since last year means Cooper's veto could be overridden and the bill enacted if Republicans stay united.
The bill, sponsored by several key House leaders, centers around the issue of U.S. Immigration and Customs Enforcement detainers. Those are requests for local law enforcement to notify federal immigration agents about an inmate believed to be in the country unlawfully and maintain custody.
State Republicans have said the need for the bill is apparent as several sheriffs across the state, particularly from Democratic urban counties, haven't cooperated with immigration agents.
“Most sheriffs comply, but we have a few who don't want to,” said Wilson County Republican Sen. Buck Newton on Thursday. “This has been going on for years and years and years that it's reached the point of critical mass.” --->READ MORE HERE
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