The anti-immigrant bill HB318, which expands and tightens the provisions of the state law that requires all North Carolina sheriffs to cooperate with Immigration and Customs Enforcement (ICE), is halfway to becoming law after being approved by the state House of Representatives.
The proposal promoted by the speaker of the House, Republican Destin Hall, passed with 70 votes in favor, including one Democrat, Mecklenburg Representative Carla Cunningham, and 45 against, all of them Democrats.
The bill was sent to the state Senate for discussion and final approval.
HB318 TOUGHENS HB10 LAW
HB318 expands the list of crimes that trigger immigration status checks for detainees and requires sheriffs and jail administrators to consult with ICE.
While state law HB10 of 2024 included only some serious and violent crimes, such as homicide or rape, HB318 includes all felonies, even non-violent ones, in addition to driving under the influence.
During the debate on the floor of the House of Representatives, at the request of Republican Legislator Brian Echeverría (Cabarrus), some minor crimes such as harm to non-born victims, sexual harassment and various forms of assault, including domestic violence, were added to the list.
In addition, HB318 delays the start of the 48-hour detention of those charged for those crimes to make it easier for immigration authorities to take them into custody and requires sheriffs to notify ICE at least two hours before they are released.
Rep. Hall explained during the debate that HB318 was necessary to fill some gaps left by the state HB10 law which he also sponsored, and to ensure that all sheriffs comply with collaborating with ICE, directly alluding to Mecklenburg Sheriff Gerry McFadden, who has been one of the main critics of that law.
“This bill fixes any perceived loophole and resolves a dangerous problem in this state and ensures that if an ICE detainer is issued on an illegal alien in this country, in this state, rather, who has committed a serious crime in our state, that we make sure we cooperate with ICE and let them deal with that individual.” Hall said.
NOT ALL DEMOCRATS AGAINST
In response to Hall, several House Democrats questioned the bill, except for Cunningham who said it was necessary because Mecklenburg County has seen a 200 percent increase in the number of fentanyl overdose deaths, which she said is associated with immigrants committing crimes.
“People are taking our children from us. And if it requires the sheriff to do his duty and align with the federal government, with ICE, I expect him to do that. Because that’s protecting my community too” Cunningham said before voting in favor of HB318, just as she did last year in favor of HB10 and to override the Governor’s veto.
Other Democratic lawmakers questioned the legality of the bill and the possibility that it could lead to abuses, racial profilings and rights violations.
“I think this bill is not about security, it’s about due process.” said Durham lawmaker Marcia Morey, who questioned that those immigrants detained for being accused of certain crimes, even nonviolent ones, will be held and turned over to ICE without being able to prove their innocence before a judge.
“A person in jail has not been convicted. They have been charged with a crime. There is a due process right of innocence until you’re proven guilty. If you are in jail, you are right to due process of bail. It is in our constitution” Morey said.
Rep. Maria Cervania (Wake), who is Asian American, recounted a personal experience to exemplify that HB318 can lead to racial profiling by law enforcement and put innocent people at risk of arrest.
According to her, many years ago she was stopped for no reason by a patrol car when she was driving to her church and that the officer who stopped her not only asked for her documents but also asked her where she was born and held her for several hours threatening to take her to an ICE detention center.
“I was stopped because of how I looked, and my name is Maria Luisa Cervania. And I was treated like a criminal on my Sunday best on the side of the road for three hours. I was questioned, threatened to be detained and humiliated with no cause, no crime, and ultimately no apology.,” Cervania said when warning of the consequences that HB318 could have.
“So today it may be people who look like immigrants, but tomorrow it could just simply be somebody who looks different from you, sounds different from you, prays different from you. So, this bill is not about public safety. It’s about fear. It’s about division,” she said.
In favor of HB318 was Republican Representative Echevarría, one of the two Latinos elected to the Legislature, who also drew on his personal experience to support the sheriff’s collaboration with ICE.
As he had done during the HB318 debate in Judiciary Committee 2, Echevarria said that he comes from a family of Cuban immigrants who came to the country legally and maintained that those who are here illegally are criminals and must pay the consequences.
“I have family that came over and overstayed a visa, and it cost them 10 years back in their country before they can apply to come over again. They paid the price. They are familiar with consequences”, Echeverria said.
HB318 will now be discussed by the Senate where, if approved without changes, it will go to Governor Josh Stein’s desk.
