ICE & NC Law Enforcement
On July 29, 2025, The North Carolina General Assembly overrode Governor Josh Stein's veto of HB 318, a law that strengthens law enforcement collaboration with Immigration and Customs Enforcement (ICE).
HB 318 is a law passed in North Carolina that requires all local sheriffs to cooperate more closely with ICE. The law will come into force on October 1, 2025.
The law will only be applied after the immigrant is arrested, and establishes:
Mandatory collaboration with ICE
Sheriffs in North Carolina will be required to notify ICE (Immigration and Customs Enforcement) before releasing a detained individual if they are subject to an immigration detainer and have been arrested for certain crimes.
This change represents a significant expansion from the previous law (HB 10), which only required this notification for certain serious offenses. Now, with HB 318, the list of offenses includes:
All felonies
Certain sexual offenses
Driving Under the Influence (DWI): Any arrest related to driving under the influence of alcohol or drugs.
Violations of domestic violence protection orders
Mandatory detention of up to 48 hours from the moment the person would be eligible for release. This represents an extension of the previous rule, which started counting from the ICE administrative order.
If an administrative detainer exists, the person must be brought before a state judge. If the judge confirms that the person is the same person, he or she may be held for up to 48 additional hours while ICE decides whether to transfer the person into custody. If ICE does not act within that time, the person must be released (unless there is another legal reason to continue detaining them).
Steps a sheriff must follow under HB 318
Verify immigration status If the person was arrested for any of the above crimes, the sheriff should attempt to confirm whether the person is a legal resident or citizen: by direct interview, reviewing documents, or both.
Check with ICE if status is not confirmed. If the status is unclear, you should submit an inquiry to ICE.
Immigration Detention Notification. If ICE issues a detainer and administrative warrant, the sheriff must present the detainee before a judge before releasing them. The judge will review the warrant and, if confirmed, order the detainee to be the appropriate person, order their detention and transfer to ICE when an officer requests custody.
Mandatory retention (up to 48 hours). If the judge orders the detention, the bailiff must keep the detainee for up to 48 hours from the moment he would otherwise be free; notify ICE two hours before releasing the person; release if ICE does not respond.
Legal immunity. The law protects state and local law enforcement officers and agencies from being sued or criminally charged for complying with immigration detention orders established under this law.