Controversial immigration bill moves through NC Senate committee

RALEIGH, N.C. — An immigration bill passed a state Senate committee, inching closer to becoming law.

House Bill 10 is on its third attempt to move through the state government. On Wednesday, legislators with the Senate Rules and Operations Committee moved forward with the bill.

HB10 would require local sheriffs to cooperate with Immigration and Customs Enforcement (ICE) if and when they arrest someone and determine they are living in the United States unlawfully.

If the bill becomes law, ICE would receive custody of arrestees after 48 hours of local custody. Some communities are worried about the implications.

The bill has to pass the state Senate before landing on Gov. Roy Cooper’s desk. Cooper is expected to veto it, but legislators are expected to override his veto, moving the bill into law.

Mecklenburg County Sheriff Garry McFadden has openly opposed the bill when it’s gone through previous rounds in the House. In a new statement obtained by Channel 9, he explained what about the bill holds him from supporting it:

“HB10 creates new and specific processes and timelines for sheriffs to follow when cooperating with ICE. For example, while HB10 mandates that all sheriffs honor ICE detainer requests for anyone charged with any crime in their jails, it also requires that all sheriffs follow a judicial process when doing so. Specifically, sheriffs must transfer the person in custody to a judicial official ‘without unnecessary delay’ to obtain a custody order, which may or may not be issued. This process is mandated for every sheriff and sheriffs will no longer have the discretion to simply not honor or delay acting after they receive a detainer from ICE for a person inside their detention center/jail.

“In addition, HB10 will mandate annual reporting from every sheriff’s office. Sheriffs will be required to track and report: the number of inquiries made to ICE about a person’s immigration status; how many times ICE responded to those inquiries; the number of ICE detainers received; the number of times the person was held for 48 hours; the number of people held but released due to detainers that were rescinded by ICE; the number of times a person was held but would have otherwise been released; and how many times ICE took custody of a person after being notified. This, of course, will be required without additional funding or added personnel.

“Many sheriff’s offices may have already decided to honor ICE detainers; however, HB10 is not about continuing this practice alone. 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. Though HB10 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.”

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