A North Carolina House Bill that aims to counteract sanctuary counties providing refuge for undocumented immigrants from federal authorities is currently moving through the state legislature. House Bill 10, titled “Requiring Sheriffs to Cooperate with ICE (U.S. Immigrations and Customs Enforcement),” was proposed last year and underwent alterations during recent committee reviews. The bill overwhelmingly passed in the state house before advancing to the senate on May 15th.
The legislation mandates county sheriff’s departments to inform federal authorities when crime suspects detained at their facilities are unable to provide proof of legal U.S. residency. While this protocol for reporting the arrests of suspected undocumented immigrants and holding them for a minimum of two days pending further instructions from ICE is not new, House Bill 10 transforms what was once a suggested practice into a mandatory one by authorizing the Attorney General’s Office to take action against sheriff’s departments that do not comply.
The primary sponsor of the bill, Destin Hall (R-Caldwell), was unavailable for comment regarding the status of his legislation and any potential challenges it may face from a state Senate with a slim Republican majority (52–48) as well as Democrat Governor Roy Cooper who vetoed earlier versions of the bill. In a press release from January 2023 announcing HB10’s reintroduction after Republicans secured more seats in the legislature, Mr. Hall stated that this law is necessary due to a small number of “woke sheriffs actively choosing to prioritize politics over public safety.
Cooperating with ICE about illegal aliens charged with serious crimes in our state should be common sense,” Mr. Hall said in the January 25th, 2023 news release. Their decision to cut off communications with immigration officials only puts more innocent people and officers in harm’s way.
Rep. Jason Saine (R-Lincoln), a co-sponsor of the bill, emphasized that it underscores the need for all 100 counties in the state to fully cooperate with federal authorities. Allowing detained illegal aliens charged with serious crimes to walk free even though they have a federal deportation order against them demonstrates a severe lack of judgment,” Mr. Saine said in the news release.
We have seen case after case where these politically motivated policies have led to tragedies in our communities, and it has to stop.
The most recent version of the bill also mandates county jail administrators to report annually, starting from October 2025, the number of times they have contacted ICE. While the bill identifies sheriff’s departments but does not mention other types of law enforcement agencies such as state troopers or city or town police, jails are typically maintained at the county level under the jurisdiction of sheriff’s departments, making the focus on where suspects are detained rather than who arrested them.
Mecklenburg County Sheriff Gary McFadden, whose agency serves the Charlotte metro area, refers to HB 10 as an unfunded mandate that imposes administrative burdens on his department without providing additional state aid or personnel. Many sheriff’s offices may have already decided to honor ICE detainers; however, HB 10 is not about continuing this practice alone,” Mr. McFadden said in a May 23rd email response to The Epoch Times.
It will increase the administrative burdens that sheriffs face when doing so and without due compensation. Furthermore, as is often the case as more bureaucracy is created, legal liability for any misstep will increase.” Mr. McFadden added that “though HB 10 aims to limit civil and criminal liability when holding a person for ICE, sheriffs will continue to be subject to constitutional liability if they fail to properly follow the custody process established under this bill.
Several North Carolina-based immigration and Latino community advocacy organizations have voiced opposition against House Bill 10, including El Pueblo. In a press release from May, Executive Director Iliana Santillan claimed that misleading arguments were used to justify the legislation, stating that “it is not true that about 90 sheriffs voluntarily cooperate with ICE.” She also emphasized that the bill allows for racial profiling and abuse of power by law enforcement.