Once again, the North Carolina House of Representatives overrode Governor Josh Stein’s veto and enacted the North Carolina Border Protection Act (SB-153), a controversial law that further expands cooperation between state agencies and U.S. Immigration and Customs Enforcement (ICE). Championed by Republican lawmakers, the measure also requires a review of access to certain public benefits, imposes stricter restrictions on local governments deemed to be "sanctuary" jurisdictions, and establishes new obligations for public universities. Why do we continue passing anti-immigrant and redundant laws when North Carolina is not even a border state?
The House voted to override the veto by a margin of 71 to 47, allowing the law to take effect. Among those supporting the override was former Democratic candidate Carla Cunningham. The law has now taken effect.
What Is SB-153?
SB-153 requires several state agencies to sign cooperation agreements with ICE under the federal 287(g) program, through which certain state officers may perform immigration enforcement functions under federal supervision.
The agencies covered by the law include the Department of Public Safety, the Department of Adult Correction, the North Carolina State Highway Patrol, and the State Bureau of Investigation (SBI).
The designated officers must complete ICE training before assuming these duties, as they will be required to attempt to determine whether individuals in their custody are U.S. citizens or lawful residents. If they cannot verify a person's status through documents or interviews, they must consult ICE.
Changes to Public Benefits
SB-153 also requires a review of various state-funded programs to ensure that benefits are provided only to individuals who are eligible under federal and state law. This provision is redundant, since undocumented immigrants are already ineligible for programs such as Medicaid, housing assistance, child care subsidies, energy assistance, or state cash assistance programs.
State agencies will now have to devote additional resources to developing mechanisms for verifying the immigration status of immigrant applicants.
Changes for Housing and Universities
The new law requires agencies responsible for public housing programs to review eligibility requirements for beneficiaries. Again, this is a redundant provision, as such reviews are already conducted.
What is new is that the legislation prohibits public universities within the University of North Carolina (UNC) System from adopting policies that limit the enforcement of federal immigration laws within the boundaries permitted by law.
The So-Called "Sanctuary Cities"
Ironically, the law also provides that local governments adopting policies considered to be "sanctuary" policies may lose certain legal protections and face civil lawsuits if an undocumented person commits certain crimes within their jurisdiction. Once again, this is a meaningless provision, since the General Assembly has prohibited sanctuary cities for immigrants since 2015.
A Regrettable Political Show
SB-153—which, paradoxically, is a border law—does not seek to improve public safety in North Carolina, nor does it provide greater prosperity or better education. Quite the opposite. Previous experiences with cooperation between ICE and local agencies have generated distrust and isolation within immigrant communities. Furthermore, closing the doors of public universities to vulnerable students benefits no one.
This law is the solution to a problem that does not exist. It is a mediocre attempt to energize a political base ahead of the November midterm elections. It is essential that voters elect lawmakers who work for their communities rather than participate in a pointless political game.
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