Democratic Governor Roy Cooper vetoed a bill that would require North Carolina sheriffs to honor requests by federal immigration agents to hold inmates believed to be in the country illegally, even if they had otherwise met the requirements to be released from custody.

Cooper vetoed House Bill 370 just one day after Republican lawmakers approved the final version.

The governor said when issuing the veto that the bill “is simply about scoring partisan political points and using fear to divide North Carolina.”

The bill originated after several sheriffs won elections last November while pledging to end the practice of honoring ICE detainer requests. The detainers are placed on inmates who federal officials want to take custody of due to immigration status.

Orange County Sheriff Charles Blackwood has not honored these detainer requests in the past, saying that keeping individuals in custody after they have met the requirements for release – either by serving their sentence or posting bail – is unconstitutional. ICE detainer requests ask local officials to hold the individual for an additional 48 hours.

Blackwood said in a statement regarding HB370 that the bill would “strip Sheriffs of their authority to decide whether to honor detainer requests.” He added that, in his opinion, there were “four major flaws in the proposed legislation.”

  1. Being in the United States without proper documentation is NOT a criminal violation of state law. It is a civil violation of federal immigration law. Asking a North Carolina Judicial Official to issue an Order to hold anyone for any length of time for a civil violation of federal law violates a person’s constitutional rights. (Yes, people here without proper documentation receive protection under the US Constitution.)

  2. Sheriffs who willfully violate someone’s constitutional rights are subject to liability, as are the Sheriff’s Office and the County.

  3. Forcing a Sheriff to honor a detainer request erodes the Office of Sheriff, opening the door for the General Assembly to weaken further the authority and discretion vested in that Office.

  4. A mechanism already exists to accomplish ICE’s objective. Obtaining a detainer or warrant signed by a federal judicial official provides the necessary authority for a Sheriff to continue to hold a person in custody.  Immigration issues are a federal matter, best left to federal authorities.  The General Assembly should not require state judicial officials or North Carolina Sheriffs to become involved in federal immigration enforcement.

Cooper agreed the bill is unconstitutional and “weakens law enforcement in North Carolina by mandating sheriffs to do the job of federal agents, using local resources that could hurt their ability to protect their counties.”

Republican leaders in the General Assembly held a press conference on Wednesday, initially aimed at urging Cooper to sign the bill. Cooper’s veto came down moments before that press conference was set to start.

“On the way down here, we learned that North Carolina has a sanctuary governor,” Representative Destin Hall, who co-sponsored HB370, said to open the press conference. Hall was referring to so-called sanctuary cities, where local governments limit their jurisdictional cooperation with federal immigration law. Governor Pat McCrory in 2015 signed a bill banning sanctuary cities in North Carolina.

GOP elected officials contended the bill is aimed at public safety after there have been high-profile assault cases where ICE took a person into custody after being released from a county jail. Democratic opponents contend the bill would hurt public safety because local law enforcement has been able to build a relationship with all residents in the community, regardless of their immigration status.

The General Assembly could attempt to override the veto, but the measure did not initially pass the House or Senate with veto-proof majorities that would be needed.

Blackwood in Orange County has been the target of criticism from both ICE and immigration advocates in recent years. ICE publicly criticized the sheriff’s office for not honoring a detainer request in 2018. Meanwhile, immigrant advocates protested at the sheriff’s office earlier this year after ICE took an individual into custody at the jail just before a bond hearing where he would have been eligible for release.