Bill > H318

This bill modifies procedures for handling prisoners and defendants who may be non-U.S. citizens, specifically expanding requirements for law enforcement and judicial officials to verify immigration status for certain criminal offenses. The bill requires administrators of county jails and confinement facilities to determine whether prisoners are legal U.S. residents or citizens, particularly for felonies, specific misdemeanors, domestic violence offenses, and impaired driving cases. If immigration status cannot be determined, facilities must query U.S. Immigration and Customs Enforcement (ICE). When an ICE detainer and administrative warrant exist, the bill mandates that judicial officials can order the prisoner held and transferred to ICE custody, with the facility required to notify ICE within two hours of the prisoner's potential release. For defendants awaiting pretrial release, judicial officials must also attempt to verify immigration status and, if uncertain, can commit the defendant to a detention facility for fingerprinting and an ICE query. The bill provides a two-hour window for ICE to issue a detainer, after which the defendant would be released if no detainer is received. These provisions aim to enhance cooperation between local law enforcement and federal immigration authorities and ensure that non-citizen individuals charged with specific offenses are properly identified and potentially subject to immigration enforcement. The bill becomes effective on October 1, 2025, and applies to persons confined or seeking pretrial release on or after that date.

Government Affairs, Justice

https://www.ncleg.gov/BillLookUp/2025/H318