@NCCapitol

Cooper rejects bill compelling local officials to work more closely with ICE

North Carolina Gov. Roy Cooper vetoed a similar measure in 2019 to bolster collaboration between local law enforcement and federal immigration agents.

Posted Updated
Senate Bill 101 clears legislature
By
Bryan Anderson
, WRAL state government reporter
RALEIGH, N.C. — A renewed effort to bolster collaboration in North Carolina between local law enforcement and federal immigration enforcement officials has failed again.
Proposed legislation vetoed Monday by Democratic Gov. Roy Cooper would have required local sheriffs and jail administrators to find out the immigration status of some inmates and assist U.S. Immigration and Customs Enforcement in keeping them detained before possible deportation.

Republican state lawmakers sent the measure to Cooper on the final day of the legislative session without the support of a single Democrat, citing sheriffs in urban counties across the state not working with ICE to hold defendants as a source of concern.

Under current state law, prison administrators are expected to send a query to ICE when possible if a person’s legal status can’t be determined upon arrest. The bill seeks to create a more standardized statewide process where a prisoner subject to an ICE detainer would be held in custody for up to 48 hours.

"This law is only about scoring political points and using fear to divide North Carolinians," Cooper, who rejected a more sweeping version of Senate Bill 101 in 2019, said in a statement on Monday. "As the state’s former top law enforcement officer, I know that current law already allows the state to incarcerate and prosecute dangerous criminals regardless of immigration status.

"This bill is unconstitutional and weakens law enforcement in North Carolina by mandating that sheriffs do the job of federal agents, using local resources that could hurt their ability to protect their counties."

The American Civil Liberties Union and immigration advocacy groups opposed the bill, citing privacy fears. They worried that the measure would create further distrust between police and immigrants that results in fewer crimes being reported. El Pueblo, a Raleigh nonprofit that works to develop Hispanic leaders, thanked Cooper for vetoing the measure.

“SB 101 was an effort to rally anti-immigrant sentiments ahead of the upcoming elections," Iliana Santillian, El Pueblo's executive director, said in a statement. "We’re glad the governor did right by his immigrant constituents and vetoed SB 101. We’re thankful for our community for fighting against this anti-immigrant bill. The defeat of SB 101 happened because of community efforts.”

State Sen. Chuck Edwards, a co-sponsor of the bill, said this year’s measure would have only applied to those charged with serious crimes, such as homicide, rape, kidnapping, human trafficking, assault, child abuse and violation of a domestic violence protective order.

Under the proposal, prison officials would have had to check if the individual had an ICE detainer. If so, deputies would go to a court to decide whether to allow ICE 48 hours to pick up the inmate.

"With the stroke of his pen, Gov. Cooper just gave sanctuary sheriffs permission to shield an illegal immigrant who rapes or murders a North Carolinian," Edwards said in a statement. "Keeping violent criminals off our streets should be a shared priority, but this veto proves that Gov. Cooper isn’t interested in increasing public safety if it goes against his liberal donors' wishes."

Meanwhile, on Monday, Cooper signed a $27.9 billion spending plan that state lawmakers sent to him earlier this month. The enacted budget increases wages for teachers, state employees and retirees and sets aside $1 billion in a fund dedicated to addressing rising costs in the face of economic headwinds. The measure didn't expand Medicaid, a top policy priority for the governor.

Cooper announced he'd lift the state of emergency he issued in March 2020 in response to the Covid-19 pandemic. He said in a statement that the directive is to be lifted on Aug. 15 because the budget includes changes requested by state health officials to ensure they had the flexibility needed to keep the public protected.

Cooper also said he'd let a regulatory reform bill become law without his signature. Under House Bill 911, lenders could get money from a borrower through a legal mechanism known as a confession of judgment, which is often found in a contract clause. Cooper said he expects the Senate to resolve the issue through a separate bill already passed by the House.

 Credits 

Copyright 2024 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.