From Staff Reports
ASHEVILLE — Just one day after U.S. Sen. Thom Tillis, R-N.C., “labeled Buncombe County one of nine counties in the state he considers ‘sanctuary jurisdictions,’ the North Carolina House passed a GOP-backed bill April 30 that seeks to bolster state law forcing sheriffs to work more closely with U.S. Immigration and Customs Enforcement,” the Asheville Citizen Times reported on May 8.
“If passed into law, House Bill 318 would nearly double the number of charges that require local law enforcement to ask about a person’s immigration status,” the ACT noted, adding, “This is typically the exclusive jurisdiction of the federal government, according to immigration attorney Jacob Oakes with Pisgah Legal in Buncombe County.
“The bill comes soon after two others — one ratified into law in December — brought by Republican lawmakers in the state House and Senate to aid President Donald Trump’s immigration crackdown.
“The expansion would include all felony charges, protective order violations, any impaired driving offense and additional misdemeanor charges, including battery of a pregnant woman and sex offenses, according to the bill.”
Further, the ACT stated that “the bill builds on a law enacted last year by requiring local law enforcement notify ICE within two hours of the person’s scheduled release if they had been held under a temporary detainer request. It also triggers the 48-hour ICE hold policy to begin only after a detainee would otherwise be released from custody, rather than when the ICE detainer is received.
“The bill adds additional burden on judicial officials — a judge or magistrate — to attempt to determine the defendant’s legal status after their arrest. If they cannot confirm the defendant is a legal resident or citizen, the judicial official must order a query to ICE and set a two-hour hold on the defendant,” the newspaper reported.
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