GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

H                                                                                                                                                    1

HOUSE BILL 318

Short Title:      The Criminal Illegal Alien Enforcement Act.		(Public)
Sponsors:	Representatives D. Hall, Carson Smith, B. Jones, and Echevarria (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

March 10, 2025

A BILL TO BE ENTITLED

AN ACT to modify eligibility for release and require notification of release to immigration and customs enforcement when a prisoner is subject to an immigration detainer and administrative warrant.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 162‑62 reads as rewritten:

"§ 162‑62.  Legal status of prisoners.

(a)        When any person is confined for any period in a county jail, local confinement facility, district confinement facility, satellite jail, or work release unit, the administrator or other person in charge of the facility shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents, or both, if the person is charged with any of the following offenses:

(1)        A felony under G.S. 90‑95.

(2)        A felony under Article 6, Article 7B, Article 10, Article 10A, or Article 13A any of the following Articles of Chapter 14 of the General Statutes.Statutes:

a. Article 6.

b. Article 7B.

c. Article 10.

d. Article 10A.

e. Article 13A.

f. Article 14.

g. Article 16.

h. Article 16A.

i. Article 17.

j. Article 18.

k. Article 19.

l. Article 19A.

m. Article 19B.

n. Article 19C.

o. Article 20.

p. Article 20A.

q. Article 21.

(3)        A Class A1 misdemeanor or felony under Article 8 of Chapter 14 of the General Statutes.

(4)        Any violation of G.S. 50B‑4.1.

(5) Any offense involving impaired driving as defined in G.S. 20‑4.01.

(b)        If the administrator or other person in charge of the facility is unable to determine if that prisoner is a legal resident or citizen of the United States or its territories, the administrator or other person in charge of the facility holding the prisoner shall make a query of Immigration and Customs Enforcement of the United States Department of Homeland Security. If the prisoner has not been lawfully admitted to the United States, the United States Department of Homeland Security will have been notified of the prisoner's status and confinement at the facility by its receipt of the query from the facility.

(b1)      When any person charged with a criminal offense is confined for any period in a county jail, local confinement facility, district confinement facility, satellite jail, or work release unit, and the administrator or other person in charge of the facility has been notified that Immigration and Customs Enforcement of the United States Department of Homeland Security has issued a detainer and administrative warrant that reasonably appears to be for the person in custody, the following shall apply:

(1)        Prior to the prisoner's release, and after receipt of the detainer and administrative warrant, or a copy thereof, by the administrator or other person in charge of the facility, the prisoner shall be taken without unnecessary delay before a State judicial official who shall be provided with the detainer and administrative warrant, or a copy thereof.

(2)        The judicial official shall issue an order directing the prisoner be held in custody if the prisoner appearing before the judicial official is the same person subject to the detainer and administrative warrant.

(3)        Unless continued custody of the prisoner is required by other legal process, a prisoner held pursuant to an order issued under this subsection shall be released upon the first of the following conditions:

a.         The passage of 48 hours from receipt of the detainer and administrative warrant.the time the prisoner would otherwise be released from the facility.

b.         Immigration and Customs Enforcement of the United States Department of Homeland Security takes custody of the prisoner.

c.         The detainer is rescinded by Immigration and Customs Enforcement of the United States Department of Homeland Security.

(4) For any prisoner held pursuant to an order issued under this subsection, within two hours of the time when the prisoner would otherwise be released from the facility, the administrator or other person in charge of the facility shall notify Immigration and Customs Enforcement of the United States Department of Homeland Security of the date and time that the prisoner will be released pursuant to sub‑subdivision a. of subdivision (3) of this subsection. The notification shall be made in the manner indicated on the Department of Homeland Security Immigration Detainer – Notice of Action form.

(b2)      No State or local law enforcement officer or agency shall have criminal or civil liability for action taken pursuant to an order issued under subsection (b1) of this section.

(c)        Except as provided in subsection (b1) of this section, nothing in this section shall be construed to deny bond to a prisoner or to prevent a prisoner from being released from confinement when that prisoner is otherwise eligible for release.

…."

SECTION 1.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

SECTION 2.(a)  If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.

SECTION 2.(b)  Except as otherwise provided, this act is effective when it becomes law.