RALEIGH — A pair of bills filed in the North Carolina House aims to raise penalties for certain crimes committed by immigrants and further define state law enforcement cooperation with Immigration and Customs Enforcement.
House Bill 261 was filed by primary sponsor Rep. Neal Jackson (R-Randolph) on March 3.
The bill would create sentence enhancements for certain criminal convictions in two main categories, immigration related and criminal conspiracy.
Under the section dealing with immigration-related enhancements, a person convicted of any felony (except Class A felonies) previously denied admission to, excluded, deported or removed from the United States would receive a felony charge one class higher than their underlying offense. If the person was previously convicted under federal law for illegal reentry, the enhancement would be two felony classes higher.
For the second area, criminal conspiracy enhancements, any person convicted of a felony (except Class A felonies) committed while conspiring with others to benefit, promote or further “criminal activity” would receive a felony charge one class higher.
Similarly, misdemeanor convictions (except Class A1) would be enhanced by one class if committed as part of such a conspiracy. Class A1 misdemeanors committed under these circumstances would be elevated to Class I felonies.
The bill also outlines specific requirements for charging documents, burden of proof and trial procedures for both sets of enhancements.
House Bill 318, filed by House Speaker Destin Hall (R-Granite Falls) on March 5, proposes changes to state law regarding individuals in custody who are subject to immigration detainers.
“Let me be clear: Illegal aliens who commit crimes in our state must go,” Hall said in a press release. “This new legislation delivers a decisive message: North Carolina will not be a sanctuary for criminal illegal aliens, and protecting our citizens remains our top priority.”
According to Hall’s press release, the bill aims to strengthen language enacted into law under House Bill 10, which directed state law enforcement agencies to cooperate with Immigration Customs and Enforcement (ICE) before releasing an illegal immigrant in their custody.
“The Criminal Illegal Alien Enforcement Act clarifies those provisions by mandating that law enforcement alerts ICE when an illegal immigrant criminal suspect is released from custody, closing loopholes exploited by Democrat-run sanctuary cooperation to provide safe haven to criminal illegals,” Hall said.
A key modification in the bill mandates that facility administrators notify ICE within two hours of when a prisoner would normally be released. The language was likely added to address an issue that arose when Mecklenburg Sheriff Garry McFadden released an illegal immigrant without calling ICE to alert them. McFadden claimed in a statement to media outlet WSOCTV that he was not required to call ICE and was “simply following House Bill 10.”
The legislation expands the list of criminal offenses for which jail administrators must determine a prisoner’s legal residency status. The bill also expands the list of offenses that require ICE cooperation by adding crimes such as burglary, thefts, embezzlement, fraud, forgery and drunk driving.
If either House bill is signed into law, the changes would take effect Dec. 1 and apply to offenses committed on or after that date.
On the Senate side, a bill was filed requiring top state law enforcement agencies and departments to form a memorandum of agreement with ICE to allow designated state officers to perform immigration enforcement. Senate Bill 153, the North Carolina Border Protection Act, was filed on Feb. 24 by Senate Leader Phil Berger (R-Eden) along with Sens. Warren Daniel (R-Burke) and Buck Newton (R-Wilson).
