NC Senate Approves ICE Detainer Bill, Showdown With Gov. Cooper Looms

Jun 24, 2019

RALEIGH, N.C. (AP) — The Republican-controlled General Assembly headed for a showdown with Democratic Gov. Roy Cooper as a bill that would strong-arm North Carolina sheriffs refusing to cooperate with federal immigration agents neared final passage.

The Senate late Monday approved a measure that would require all county sheriffs to recognize requests from Immigration and Customs Enforcement to hold inmates it believes are in the country unlawfully. Sheriffs also would be required to attempt to check everyone in their jails charged with a crime — not just people accused of the most serious offenses— to determine if they are legal U.S. residents.

The bill is a direct response to a handful of recently elected Democratic sheriffs in the most populated counties who announced they wouldn't comply with ICE detainers, which give agents 48 hours to pick up inmates, even though they aren't actual criminal arrest warrants. Bill supporters are unhappy with these sheriffs and believe they should do what nearly all 100 in the state have been doing voluntarily for decades.

"It's all of our jobs to protect our citizens," Sen. Chuck Edwards, a Henderson County Republican, said during floor debate, adding the bill "doesn't target victims. It targets criminals."

The dissenting sheriffs, who are African American, either ran on the platform of ending cooperation with ICE or determined that accepting the detainers wouldn't make their communities safer. Those sheriffs and allies have accused GOP legislators of unfairly targeting them due to partisanship and race.

Senate approval came hours after Cooper signaled his likely veto of the measure should it reach his desk. Cooper's vetoes can be upheld if Democrats remain united.

The House approved an earlier version in April and would need to vote to agree on the Senate changes, which have been supported by bill sponsors, before the bill goes to Cooper.

"I know that current law allows us to lock up and prosecute dangerous criminals regardless of immigration status," Gov. Cooper said in a release. "This bill isn't about that — in addition to being unconstitutional, it's about scoring political points and using fear to divide us."

Immigrant advocates and allies in the legislature say those living in the U.S. without legal permission would be less likely to report crimes if the bill became law and would be fearful, leading to more dangerous communities.

"Political points in the name of public safety run the risk of putting real lives in danger," Sen. Mujtaba A. Mohammed, a Mecklenburg County Democrat and son of immigrants, told colleagues.

The bill cleared the Senate on a party-line vote after over an hour of debate watched by many opponents in the gallery, including children. Many attendees clapped after Mohammed's speech, prompting a warning from the Senate dais.

Earlier Monday, opponents held news conferences in Raleigh and Charlotte. The Rev. Edgar Vergara Millán, a United Methodist minister, told House and Senate members that God was listening to the voices of immigrants in the state who would suffer more under this legislation.

"We pray that you would do the same," Millán said.

The Senate version says a judge or magistrate would issue an order to hold the inmate under the detainer, rather than direct the sheriff act unilaterally. But civil liberties advocates say the legislation still doesn't provide adequate due process to inmates and is constitutionally flawed.

The new language in the Senate measure led the North Carolina Sheriffs' Association, representing all sheriffs, to support the bill after initially opposing the House version of the bill.

EARLIER VERSION, BY MATT BUSH & CASS HERRINGTON

The North Carolina Senate is scheduled to vote Monday evening on a measure that would force sheriffs to cooperate with federal Immigration and Customs Enforcement.  If the Senate OK’s House Bill 370, sheriffs would be required to honor ICE detainer requests to hold inmates up to 48 hours based on their immigration status. Compliance is currently voluntary.

In April, the bill passed the House of Representatives by a 63-51.  The Senate last week made changes to it that would require a judge's order to fulfill an ICE detainer.  That change brought the support of the North Carolina Sheriffs Association.  Because of the change, should the measure pass the Senate it needs to go back to the House for approval again.  Supporters say the bill ensures public safety and security.  

 

One particular criticism of the measure comes from newly elected sheriffs in some of North Carolina's most populated counties, including Buncombe County Sheriff Quentin Miller.

All the sheriffs in question are African American, and they campaigned on ending cooperation with ICE during last year's election. They say the legislation undercuts their authority. They further allege Republican state lawmakers are using racially coded language, like “urban,” to describe them. Speaking Monday morning, Sheriff Miller said it amounts to bullying.

"We have eight of the largest counties in the state of North Carolina, with sheriffs that are African-American," Miller told BPR. "Now, they're trying to dictate to these sheriffs, to us as sheriffs. What message are we sending?"

If the law ends up being approved, Miller says he will follow it, but will look at possible legal avenues to work around it.

In an email to supporters last week, Henderson County state senator Chuck Edwards argued the measure has nothing to do with the race of the sheriffs.  Edwards wrote, "For years North Carolina Republicans have been very clear where they stand on local law enforcement policies that ignore federal immigration authorities," citing a 2015 law that was passed which banned sanctuary cities in the state.   

Governor Roy Cooper, a Democrat, announced his opposition to HB370 in a statement Monday afternoon. 

 "As the former top law enforcement officer in our state, I know that current law allows us to lock up and prosecute dangerous criminals regardless of immigration status," Cooper said, alluding to his position as North Carolina Attorney General before being elected governor.  "This bill isn’t about that--in addition to being unconstitutional, it’s about scoring political points and using fear to divide us."