RALEIGH, N.C. (AP) — The Republican-controlled General Assembly is heading for a showdown with Democratic Gov. Roy Cooper as legislators near final passage of a bill that would strong-arm several North Carolina sheriffs refusing to cooperate with federal immigration agents.
The Senate approved a measure 25-18 on Monday requiring all sheriffs to recognize requests from Immigration and Customs Enforcement to hold inmates ICE believes are in the country unlawfully. Sheriffs also would have to check the immigration status of everyone in their jails.
A version already passed the House, and the Senate's changes are also backed by the House bill's sponsors.
Earlier Monday, Cooper called the bill unconstitutional and signaled a likely veto if it reaches his desk.
The bill was prompted by recently elected Democratic sheriffs who won't comply with ICE detainers.
Mecklenburg County Sheriff Garry McFadden responded to the Senate's passing of the bill with the following statement:
"As the Sheriff of our state’s largest county, I am disappointed that our state lawmakers have voted to approve House Bill 370. The passing of HB370 mandates that each Sheriff’s Office report and detain individuals for Immigration and Customs Enforcement (ICE) and sets the priorities for public safety in direct defiance of my constituents' demands.
HB 370 will negatively impact public safety in Mecklenburg County, where I was elected with a clear mandate to stop honoring voluntary ICE detainers and to end the 287(g) program. But beyond Mecklenburg County, HB370 erodes the constitutional authority of all elected Sheriffs in the state of North Carolina, by stripping away the ability of local communities to set their own policies. HB370 sets a terrible precedent: allowing the legislature to take away the authority of each duly elected Sheriff in North Carolina to make discretionary decisions in the best interest of his or her constituents. The North Carolina Sheriff’s Association has historically guarded the constitutional powers of the Sheriff but has catastrophically failed as it pertains to HB370.
HB370 threatens the trust that I have spent a career trying to build between law enforcement and the community, including the immigrant community. This is a dangerous experiment in playing politics with our public safety. The result is that our community will be less safe and more divided. For these reasons, I would strongly encourage the Governor to veto HB370."