Raliegh. Just hours before the 10-day deadline, Governor Josh Stein today vetoed anti-immigrant bills SB153 and HB318, which sought to expand North Carolina’s collaboration with Immigration Enforcement (ICE) to identify undocumented immigrants in the state and prohibit them from accessing any state benefits.
The two bills were returned to the General Assembly, where the Republican majority is expected to attempt to override the Democratic governor’s vetoes, although they will need the support of at least one Democratic lawmaker in the House of Representatives.
SB153 sought to force state law enforcement agencies, including the Highway Patrol, to collaborate with ICE, compel universities to share students’ immigration information, penalize so-called sanctuary cities, and audit social programs to ensure no undocumented immigrants receive state public benefits.
Stein vetoed that bill, arguing that it is unnecessary and would not help make the state safer.
“Senate Bill 153 would also make us less safe, so I am vetoing this legislation,” Stein said in a press release. “At a time when our law enforcement is already stretched thin, this bill takes state law enforcement officers away from their existing state duties and forces them to act as federal immigration agents. Furthermore, under current law, people without lawful immigration status already are prevented from receiving Medicaid, SNAP, Section 8, and other benefits.”
HB318 is an extension of state law HB10, which requires all sheriffs and jail administrators to cooperate with ICE. The reform adds more offenses to the list of charges requiring immigration status verification for detainees, extends the 48-hour detention period for undocumented immigrants, and requires sheriffs to notify ICE before releasing them.
Stein said when announcing his veto that HB318 is unconstitutional, although he supports sheriffs cooperating with ICE to detain immigrants accused of serious crimes.
“I am vetoing House Bill 318 because it is unconstitutional.”, Stein said. “I support the bill’s efforts to require sheriffs to contact federal immigration authorities about people in their custody charged with sexual battery, armed robbery, arson, assault on public officials and court personnel, and other dangerous crimes. People who commit these crimes should be held accountable, whether or not they are here without legal authorization, and those charged with serious offenses ought to receive increased scrutiny from federal immigration officials.”
“My oath of office requires that I uphold the Constitution of the United States. Therefore, I cannot sign this bill because it would require sheriffs to unconstitutionally detain people for up to 48 hours after they would otherwise be released,” he added.
Stein also noted that a federal Fourth Circuit Court ruling is clear in stating that local law enforcement officers cannot hold people in custody solely on suspicion of violating immigration laws. “But let me be clear: anyone who commits a serious crime in North Carolina must be prosecuted and held accountable regardless of their immigration status.” he added.
Stein made the announcement after several days of protests in Raleigh, where various immigrant rights groups and organizations, including El Pueblo, and community members urged him to veto the two anti-immigrant bills.
