Background: In 2015, the North Carolina General Assembly passed House Bill 318, an anti-sanctuary law that prohibits the use of consular or community issued ID's by government officials and the adoption of sanctuary city ordinances.
HB 135 seeks to require further immigration enforcement operations on local law enforcement, disclose the status of students in public universities, and put at risk cities and counties with costly litigation if suspected of non-compliance with state immigration laws. Below is a breakdown of the restrictions this bill would enact.
- Removes the right of law enforcement to use local or community ID to determine a person's residency or identity. As it stands, local law enforcement is able to use community-issued ID's to determine a person's identity or residency when the individual does not have another form of acceptable ID. Local law enforcement have used this ID program to build trust with the immigrant community, but this bill would take that discretion away from local law enforcement.
- Prohibits UNC institutions from safe-guarding the status of their students. This bill would force UNC institutions to disclose students' immigration status if requested by law enforcement, including immigration agents. Currently, federal law requires that a judicial warrant be provided by any third-party requesting this information.
- Requires the Department of Public Safety to enter into 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE). This would deputize state law enforcement to act as immigration agents.
- Forces public schools to investigate whether outside entities they contract or subcontract with are using E-verify to check the immigration status of its employees.
- Allows residents to file complaints against their city or county if they believe they are breaking state immigration laws. Consequently, the Attorney General would be forced to allocate resources to investigate all complaints. If a municipality is found to be non-compliant, harsh penalties would be used, including taking away city and county funding sources.