NORTH CAROLINA (July 24, 2026) — The American Civil Liberties Union of North Carolina (ACLU-NC) and the North Carolina Justice Center (NC Justice Center) are closely monitoring county officials’ implementation of House Bill 10 (HB 10) and House Bill 318 (HB 318) following reports that some counties are misapplying these state laws. On July 23, ACLU-NC and NC Justice Center sent a letter to all counties in North Carolina clarifying the proper application of these laws to ensure that implementation does not result in unlawful over-detention of immigrants.
State law requires judicial officials to determine the immigration status of defendants charged with specific offenses. In certain circumstances where a judicial official is unable to determine whether an individual is a legal resident, the law allows detention for up to two hours while Immigration and Customs Enforcement (ICE) checks records to verify status. If ICE does not issue a detainer within that time, county and judicial officials must follow standard pretrial release rules, including accepting bond. If a detainer and judicial order are issued, officials are still required to accept bond, but the judicial order may extend detention by up to 48 hours to allow ICE to take custody. As stated in the letter (p. 1), a person charged with a criminal offense “may be held only upon the issuance of a judicial order.”
Despite these legal limits on detention, ACLU-NC and NC Justice Center have received reports from multiple counties revealing misapplication of these laws.
For example, reports from one county describe officials preventing eligible individuals from posting bond while waiting for a response from ICE, even when ICE has not issued a detainer and the deadline to do so has passed. This practice contradicts the plain text of N.C. Gen. Stat. § 15A-534(d4), which provides only a single two-hour window for ICE to respond. Once that period expires without a detainer, officials must allow bond to be posted and cannot hold people in jail to provide ICE with another opportunity to issue a detainer.
A report from another county described officials refusing to allow people with ICE detainers to post bond. There is no lawful basis for this practice, and legally there is no such thing as a “permanent” or “indefinite” ICE hold. While counties are obligated to honor the 48-hour holding period when a judicial order is issued, neither the ICE detainer nor the judicial order can be used to deny bond. Further, detaining an individual past 48 hours from the time that the individual would otherwise have been released violates federal and state law.
ACLU-NC and NC Justice Center warned that such violations may expose counties and officials to legal liability, including damages and attorneys’ fees. The groups asked each county to review its policies and practices to ensure compliance with relevant laws, and to make sure deputies, clerks, and other staff are properly instructed.
“These state laws already force local officials to cooperate with ICE to advance a federal immigration agenda, which raises serious constitutional concerns,” said Corina Scott, Staff Attorney at the ACLU of North Carolina. “The documented misapplication of these laws compounds their harm. Counties cannot deny bond to individuals subject to an ICE detainer, impose additional periods of detention, or conduct a second query to ICE after the two-hour window to issue a detainer expires. We urge counties to act swiftly to correct these unlawful practices, protect the rights of immigrants, and avoid potential legal liability.”
Individuals encountering these issues in real time are encouraged to present this letter to county officials to help ensure compliance with state law and applicable constitutional protections. Individuals who believe their rights have been violated should complete ACLU-NC's legal intake form.
Read the full letter below.
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