- The bill requires Gov. Josh Stein's administration to cooperate with ICE, holds municipalities and counties accountable if they create sanctuary policies, and directs an audit of state-funded programs to ensure unauthorized immigrants are not receiving benefits.
North Carolina Republicans in the General Assembly want to crack down on state officials who may not be complying with federal immigration policies enacted by the Trump administration.
Senate Leader Phil Berger, R-Rockingham, along with Sens. Warren Daniel, R-Burke, and Buck Newton, R-Wilson, filed the North Carolina Border Protection Act, SB 153, on Monday to ensure state law enforcement officials are cooperating with federal immigration laws and that residents are protected from sanctuary city policies.
In a press release, Berger’s office outlined the legislation, which specifically:
- Requires Gov. Josh Stein’s administration cooperates with Immigration and Customs Enforcement
- Holds municipalities and counties accountable if they create sanctuary policies
- Protects taxpayers by ensuring public benefits are only provided to eligible individuals
“North Carolinians are seeing the harmful impacts of open-border policies — from dangerous drug trafficking to criminal, illegal immigrants being released from jail to roam our streets freely,” Berger said. “North Carolinians made it clear that they will no longer tolerate sanctuary policies that put them at risk. We must send an equally strong message by requiring Gov. Stein’s administration to cooperate with immigration officials.”
One of the central elements of the bill is increased cooperation between state agencies and ICE. Under the proposed law, several state law enforcement agencies, including the Department of Public Safety, Department of Adult Correction, State Highway Patrol, and State Bureau of Investigation, are required to enter into formal agreements with ICE. The agreements would allow designated state law enforcement officers to perform immigration enforcement duties under federal supervision. Additionally, the agencies would also be required to determine the immigration status of any person in custody or under its supervision.
Sen. Berger Files Bill to Extend Trump Admin’s Illegal Immigration Policies to State Law Enforcement Agencies https://t.co/wJPJduY3SN #ncga #ncpol
— Senator Berger Press Shop (@SenBergerPress) February 24, 2025
The General Assembly passed legislation at the end of 2024 that mandated all sheriffs cooperate with ICE after a small group of left-leaning cities chose not to honor federal detainers. Under the latest proposal, local governments and universities that fail to comply with state immigration laws will face penalties.
“While Sanctuary City policies are already prohibited in the state, municipalities across the state continue to defy the state law,” a press release reads. “To hold them accountable, any county or municipality that creates Sanctuary Cities will have its local immunity waived, thereby allowing citizens harmed by illegal immigrants to sue them.”
The bill also seeks to ensure that state benefits are provided exclusively to legal residents. The Office of State Budget and Management is tasked with auditing state-funded programs such as Medicaid, food and housing assistance, and foster care to ensure unauthorized immigrants are not receiving benefits beyond what is required by federal law.
“It’s past time for North Carolina cities and counties to be held accountable for harmful Sanctuary City policies,” said Newton. “We’ve seen families across the country suffer because of these policies and the North Carolina Border Protection Act gives citizens the ability to go after those cities and counties that have for far too long defied state law.”
Though the Senate has a Republican supermajority capable of overriding the Democratic governor’s veto, House Republicans face an uphill battle. They are just one seat shy of the three-fifths supermajority needed to enact the law upon a veto.