Raleigh. A new bill introduced in the state Legislature proposes doubling the time that undocumented immigrants wanted by Immigration and Customs Enforcement (ICE) must be held in state jails, in addition to forcing sheriffs to notify immigration authorities before releasing them.
HB 318 was introduced on March 5 by House Speaker Destin Hall, a Republican, and also proposes to expand the list of crimes that require sheriffs and jail administrators to consult with ICE about the immigration status of detainees.
“If you’re an illegal alien and you’re committing crimes in North Carolina, you have to go,” Hall said in a video posted on his X account. “The best way that we can make sure that happens in our state is by ensuring local law enforcement, when they charge someone here illegally, that they cooperate with ICE.”
HB318 seeks to fill the gaps in HB10, proposed by Hall himself and approved last year despite the veto of then-Governor Roy Cooper, which forces sheriffs and jail administrators to collaborate with ICE.
Under that law, which went into effect on Dec. 1, sheriffs must bring undocumented immigrants wanted by immigration authorities before a judicial magistrate to order their detention for 48 hours from the time the administrative detainer was received from ICE.
Hall’s new proposal says that 48-hour period would begin the moment the detainee meets the conditions for release. In other words, in practice, it doubles the time of detention so that ICE can take custody of detainees.
Another significant change proposed by HB318 is that sheriffs and jail administrators will have to notify ICE within two hours of the detainee meeting the conditions for release.
In addition, HB318 expands the list of crimes for which sheriffs must check with ICE to determine the immigration status of detainees.
HB10 established a list of serious crimes, most of them felonies, including rape, drug trafficking, and human trafficking, but HB318 includes a long list of additional offenses including theft and larceny, fraud, forgery, and driving under the influence.
If signed into law, HB318 would go into effect on December 1, 2025.
The bill was referred to the House Judiciary Committee 2.
