A BILL TO BE ENTITLED
AN ACT requiring that jailors identify detainees that are illegal immigrants and request that the united states department of homeland security take them into federal custody; requiring that the governor demand that the federal government designate federal facilities to which illegal immigrants may be transferred or, in the alternative, demand that the federal government reimburse the state for the cost of incarcerating illegal immigrants; and instructing the attorney general to pursue legal remedies to obtain  reimbursement in the event that the federal government fails to meet the governor's demands.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 162 of the General Statutes is amended by adding a new section to read:
"§ 162‑62.  Identification of illegal immigrant detainees; transfer to federal custody.
(a)	When a person is detained for any period in a county jail, local confinement facility, district confinement facility, or satellite jail/work release unit because there is reasonable suspicion or probable cause to believe the person has committed a felony or an impaired driving offense, or when a person is in custody after final judgment, the administrator or other person in charge of the facility shall determine whether the detainee is an illegal immigrant. As used in this section, the term 'illegal immigrant' means a person who has not been lawfully admitted to the United States or, if lawfully admitted, whose lawful status has expired.(b)	If it is determined that a detainee is an illegal immigrant, the administrator or other person in charge of the facility holding the detainee shall notify the United States  Immigration and Customs Enforcement Division of the United States Department of Homeland Security and request that the detainee be taken into federal custody as soon as practicable for processing in the federal immigration system.
(c)	Nothing in this section shall be construed to deny bond to a person or to prevent a person from being released from confinement when that person is otherwise eligible for release."
SECTION 2.  The Governor shall demand that the federal government designate one or more federal facilities to which detainees that have not been lawfully admitted to the United States may be transferred in the event that the United States Department of Homeland Security fails to take a detainee into federal custody within 24 hours of being requested to do so pursuant to G.S. 162‑62(b). If the government fails to designate facilities for this purpose, the Governor shall demand that the federal government reimburse the State for the entire cost of incarcerating these detainees. If the federal government fails to meet the Governor's demands, the Attorney General shall consider and pursue viable legal remedies to seek reimbursement from the federal government.
SECTION 3.  This act becomes effective December 1, 2007.