Sen. Britt successful in short session; Bill requires sheriffs to cooperate with I.C.E.

RALEIGH – The North Carolina General Assembly Senate Judiciary Committee voted Wednesday on requiring sheriff’s to cooperate with ICE.

A bill that would require North Carolina sheriffs to comply with requests by federal agents interested in picking up jail inmates believed to be in the country illegally.

The bill passed the Senate committee on Judiciary, which Sen. Danny Britt chairs, on Tuesday, making it the first major legislation to advance in this year’s short session.

During the session, Britt brought the bill requiring Sheriffs to cooperate with ICE to the Senate floor for a vote with success.

House Bill 10 passed 28-16, with Republicans in favor and Democrats opposed. During the debate Britt said he understands the value immigrants add to Eastern North Carolina with agriculture, construction and business owners.

Being from Eastern North Carolina and practicing criminal law for more than 20 plus years, he has never seen a victim not get their day in court due to a ICE hold.

ICE detainers have been around since the 1950s. Under HB10 immigrants who are charged with serious felonies and A1 misdemeanors as well as 50B would be subject to ICE detainers.

Britt, R-Robeson, Scotland and Hoke said, “that it intended to protect undocumented immigrants who are pulled over while driving to work, for instance, and who could then be booked for driving without a license or some other traffic infraction.”

Now, once the sheriff or administrator or person in charge is notified the Immigration and Customs Enforcement of the United States Department of Homeland Security has issued a detainer and administrative warrant.

The immigrant is now taken in front of State judicial official like a Judge or Magistrate to serve the immigrant.

The bill states the immigrant can only be released upon one of the three conditions: 1. the 48 hour hold is up which does not include Saturday, Sunday or holidays 2. ICE takes custody of the immigrant 3. Or ICE rescinds detainer. This bill protects the citizens as well as the law enforcement officers state and local will be subject to any criminal or civil liability. HB 10 will require the Sheriff or administrator in each county facility that houses these immigrants to make a report of certain items to the State Joint Legislative Oversight Committee on Justice and Public Safety.

Two previous versions of this bill were vetoed by Democratic Gov. Roy Cooper. Both times Republicans couldn’t get the votes to override his veto. But Republicans now have a veto-proof supermajority, and the bill, House Bill 10, is likely to become law. It was passed in the state House last year and now that it has passed the Senate must go back to the House for final approval before going to Cooper’s desk, which is expected to occur quickly.