As NC cracks down on sanctuary cities, sheriffs notified of new ICE compliance law

The North Carolina Sheriffs’ Association (NCSA) notified sheriffs on Friday about House Bill 10’s passage, a new law taking effect on December 1, 2024, that requires all law enforcement officers to cooperate with federal immigration detainers for undocumented immigrants.

The NCSA told the Carolina Journal that it was informing all 100 sheriffs across the state and their key personnel of the details of the legislation in its Weekly Legislative Report, ensuring all local law enforcement leaders are aware of the new legal requirements.

In a comment to the Carolina Journal, NCSA emphasized that the law is straightforward and should not require any additional training for sheriffs to implement. However, the Association has no role in overseeing how sheriffs enforce HB 10, leaving compliance to individual counties.

Over 90 of the state’s 100 counties comply with Immigration and Customs Enforcement (ICE) detainer requests, but some sheriffs in urban areas previously vowed to be a ‘sanctuary’ jurisdiction, refusing to comply ICE requests, which the bill intends to address. Sheriff Garry McFadden of Mecklenburg County was one of the most vocal of those who refused.

The bill was passed last week after the North Carolina General Assembly voted to override the governor’s veto of the bill that mandates individuals taken into custody in North Carolina for whom a federal immigration detainer has been issued must be taken before a North Carolina judicial official without unnecessary delay from a sheriff. If the judicial official determines that the person appearing before them is the same person who is subject to the detainer, the person will be held in custody in compliance with a North Carolina court order.

The NCSA decided to endorse the ICE bill in September after the General Assembly made revisions, including scaling back some record-keeping requirements for sheriffs and ensuring judicial authority remains with North Carolina courts.

“In recognition of the improvements to House Bill 10 made by the General Assembly, the North Carolina Sheriffs’ Association SUPPORTS the version of House Bill 10 contained in the Conference Report,” the NCSA said. 

The Association has been updating its members on key legislative changes that have taken place in the past year that affect law enforcement operations. Throughout October and November, Legislative Update training classes were held in Haywood, Catawba, Pitt, Duplin, and Wake Counties.

During the 2024 Short Legislative Session, 53 bills were enacted into law, and anything dealing with public safety legislation was analyzed and compiled for an informative, mandatory in-service training for all North Carolina law enforcement officers. 

“As law enforcement professionals, we understand that laws and regulations are continuously changing and adapting to better suit the needs of our communities as a whole,” said North Carolina Sheriffs’ Association President and Chatham County Sheriff Mike Roberson. “The Legislative Update training class is a valuable tool that helps law enforcement across the state understand the impact of new legislation on our everyday duties. Now, as part of the mandatory in-service training for law enforcement in North Carolina, we can ensure that each and every law enforcement officer understands precisely how the law impacts the profession.”