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House Bill 370, which would require sheriffs in North Carolina to cooperate with U.S. Immigration and Customs Enforcement detainers for illegal immigrants charged with crimes, was approved by the House on Tuesday. Governor Cooper vetoed the bill Wednesday, releasing the following statement:
This legislation is simply about scoring partisan political points and using fear to divide North Carolina. As the former top law enforcement officer of our state, I know that current law allows the state to jail and prosecute dangerous criminals regardless of immigration status. This bill, in addition to being unconstitutional, 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. Finally, to elevate their partisan political pandering, the legislature has made a sheriff’s violation of this new immigration duty as the only specifically named duty violation that can result in a sheriff’s removal from office.
Multiple immigration advocacy groups throughout the state, as well as national organizations and state businesses, had been urging Governor Cooper to veto the bill. They say the bill would harm the state by spreading fear throughout the immigrant communities.
Supporters of the bill said it is a necessary step to ensuring public safety in North Carolina.
Mecklenburg County Sheriff Garry McFadden issued the following statement following Governor Cooper’s veto of HB 370:
I applaud Governor Cooper on the veto of HB370. The bill is unconstitutional and would steal the authority of all Sheriffs to make those discretionary decisions that all Sheriffs are elected to make on behalf of their constituencies.
HB370 would negatively impact public safety in Mecklenburg and other counties whose citizens provided a clear mandate to end 287(g) and to stop honoring ICE detainers. I continue to believe that this misguided and ill-advised bill would threaten the trust that I have spent a career trying to build between law enforcement and the community, including the immigrant community.
My goal remains to work with all law enforcement agencies, state and federal prosecutors, and the judiciary, to implement plans and programs to keep the community safe. If the legislature overrides the Governor’s veto and HB370 becomes the law, I will, of course, direct the Mecklenburg County Sheriff’s Office to abide by it as we do all laws. But for the people of Mecklenburg County I sincerely hope that day never comes.
Original Story:
RALEIGH, N.C. (AP) – Immigration law-enforcement legislation that North Carolina Republicans have idled for months in the General Assembly is back in gear.
A House committee scheduled a discussion on Tuesday about a measure that’s responding to a handful of county sheriffs refusing to cooperate with federal immigration agents. In particular, they haven’t been complying with detainers from Immigration and Customs Enforcement to hold inmates it believes are in the country unlawfully.
The bill would make all sheriffs recognize those requests, although a judge would order a detainer subject be held. Dissenting sheriffs say complying with detainers would actually harm community safety.
Democratic Gov. Roy Cooper has signaled his likely veto of the bill already approved by the Senate in June. The House could take a final vote later Tuesday on accepting the Senate changes.
