Vetoed by Governor Roy Cooper III

Vote Smart's Synopsis:

Vote to pass a bill that requires sheriffs to cooperate with Immigration and Customs Enforcement officers.

Highlights:

• Specifies that if a prisoner is subject to an immigration detainer request issued by the United States Department of Homeland Security, the local sheriff and faculty shall fully comply with any request made by the federal government, and inform the prisoner that they are being held pursuant to an immigration detainer request (Sec. 1).

• Exempts administrators or other persons in charge of the facility from complying with the above specification with respect to a person who is a victim of or witness to a criminal offense, reporting a criminal offense, or has provided proof that the person is a citizen of the United State or that the person has lawful immigration status in the U.S. (Sec. 1).

• Requires that by January 1, 2020 the administrator or other individual in charge of a holding facility, report the number of queries performed under this act and the results of the queries to the Oversight Committee on Justice and Public Safety, which shall then be made available to the public (Sec. 1).

• Prohibits any county or city sheriff from stopping federal law enforcement officers from conducting enforcement activities, including direct communication with the individual and access to any pertinent information or records pertaining to the incarcerated individual at a county jail, local confinement facility, or satellite jail, or work release unit (Secs. 2-3).

• Specifies that this act takes effect 30 days after becoming law (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires sheriffs to cooperate with Immigration and Customs Enforcement officers.

Highlights:

• Specifies that if a prisoner is subject to an immigration detainer request issued by the United States Department of Homeland Security, the local sheriff and faculty shall fully comply with any request made by the federal government, and inform the prisoner that they are being held pursuant to an immigration detainer request (Sec. 1).

• Requires that by January 1, 2020 the administrator or other individual in charge of a holding facility, report the number of queries performed under this act and the results of the queries to the Oversight Committee on Justice and Public Safety which shall then be made available to the public (Sec. 1).

• Prohibits any county or city sheriff from stopping federal law enforcement officers from conducting enforcement activities, including direct communication with the individual and access to any pertinent information or records pertaining to the incarcerated individual at a county jail, local confinement facility, or satellite jail (Secs. 2-3).

• Authorizes the court of any county in which the defendant’s city, county, or local law enforcement agency has jurisdiction to impose civil penalties of the following amounts to any city, county, or law enforcement agency that fails to comply with this act (Sec. 4):

• For a first offense a fine not less than $1,000; and

• For each subsequent offense after a fine between $25,000 and $25,500.

• Defines “local law enforcement agency” as a city police department, county police department, or sheriff’s office (Sec. 4).

• Prohibits a law enforcement officer from inquiring about the immigration status of a victim or witness to an alleged criminal offense unless the officer determines that the inquiry is necessary to investigate an offense including outreach to victims of sexual assault or domestic violence (Secs. 5-6).

Full Bill Text