(The Center Square) – Enhanced cooperation by law from North Carolina lawmen with U.S. Immigration and Customs Enforcement is a step closer to a full floor vote in the state Senate.
The Criminal Illegal Alien Enforcement Act, known also as House Bill 318, advanced from the Judiciary Committee in the Senate on Wednesday. Next stop is the Rules Committee.
Under the legislation, local law enforcement could not release the suspect until 48 hours after ICE is notified.
“What ICE does at that point is up to ICE and federal law,” Robert Ryan, a legislative analyst, told the committee.
Supporters of the legislation said even without HB318, ICE has the authority to arrest the suspect after they are released from custody.
“If they are let out on a pretrial release, ICE has the retainer, ICE has the warrant,” State Rep. Carson Smith, R-Onslow, one of the sponsors of the bill, told the committee. “They can go pick them up anywhere, anytime.”
But it is safer for law enforcement if ICE picks up the suspect at a local jail than it would be to make the arrest at a private home or other location, Smith said.
“It’s certainly not just safer for law enforcement but for the offender, for the public, for everyone,” Smith said.
Sammy Salkin, policy analyst with the American Civil Liberties Union of North Carolina, told the committee that the bill is “hostile legislation” that further attacks an already vulnerable immigrant population.
“This bill is a clear attempt to subject our immigrant neighbors to cruel immigration enforcement activities and keep immigrants incarcerated for longer periods of time, potentially in violation of their Fourth Amendment rights,” she told senators. “This bill will tear North Carolina families and communities apart.”
With one vote from Democrats in tow, Republicans in the North Carolina House of Representatives “doubled down” on last year’s law requiring lawmen to cooperate with ICE.
Catch-and-release policies would be ended because the new bill requires lawmen to alert ICE before “an illegal alien criminal suspect is scheduled to be released.”
House passage was 70-45.
