House committee substitute to the 2nd edition makes the following changes.
Section 2.
Rewrites the Section so that the Department of Health and Human Services (DHHS) must take all steps necessary to cease providing State-funded benefits to noncitizens residing in the US without legal permission, to the extent allowed under federal law, including by developing a plan to review and update eligibility criteria for State-funded benefits to ensure that noncitizens residing in the US without permission are ineligible for State-funded benefits, including a method for verifying the immigration status of applicants prior to the initiation of benefits (was, required the Office of State Budget and Management (OSBM) to examine the 19 listed “covered State public benefits programs” to determine whether, and the extent to which, such benefits are being provided to unauthorized aliens).
Defines state-funded benefits to include 15 listed programs administered by or through a contract with DHHS, but excludes any benefits or services available under the programs to help eligible beneficiaries access food or meals. Now requires DHHS to submit a report to the specified NCGA committees and divisions on the four specified matters by January 15, 2026 (was, annually report to the NCGA with publication of OSBM’s findings on its website).
Section 3.
Requires the Department of Commerce (DOC)’s Housing Finance Agency (Agency) and all local housing authorities to take all steps necessary to cease providing publicly funded housing benefits to noncitizens residing in the US without legal permission, to the extent allowed under federal law, including by developing a plan to review and update eligibility criteria for all of these benefits to ensure that noncitizens residing in the US without legal permission are ineligible for publicly funded housing benefits, includint a method for verifying the immigration status of applicants prior to the initiation of benefits. Defines publicly funded housing benefits to include the 13 listed programs or assistance administered by or through a contract with the Agency and any local housing authority established under GS Chapter 157. Directs the Agency and all local housing authorities established under GS Chapter 153 to submit a report on the two specified matters to the specified NCGA committees and divisions by January 15, 2026.
Section 4.
Requires DOC’s Division of Employment Security to adopt and implement a policy to verify, for unemployment benefits purposes, that all applicants are legally authorized to reside in the United States prior to the first payment of benefits by January 15, 2026. Requires policy to conform to federal law.
Makes conforming organizational changes to account for two new sections.
Bill Summaries: all (2025-2026 Session)
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Bill S 153 (2025-2026)Summary date: Jun 3 2025 - View summaryDevelopment, Land Use and Housing, Property and Housing, Education, Higher Education, Employment and Retirement, Government, State Agencies, UNC System, Department of Adult Correction, Department of Commerce, Department of Health and Human Services, Department of Public Safety, Office of State Auditor, State Highway Patrol, Local Government, Health and Human Services, Social Services, Public Assistance, Immigration
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Bill S 153 (2025-2026)Summary date: Mar 4 2025 - View summary
Senate amendments make the following changes to the 1st edition.
Amendment #2 makes the following changes.
Amends the provisions that require entering into a Memorandum of Agreement by changing the act that entering the agreement is pursuant to, to the Immigration and Nationality Act (was, the illegal Immigration Reform and Immigration Responsibility Act of 1996).
Amends proposed GS 116-40.14 by specifying that the limitations on a constituent institution cannot do related to an individual's immigration status is to the extent permitted by federal law. Removes the prohibition on directing law enforcement officials or agencies from gathering information on an individual's immigration status. Makes conforming and clarifying changes, including changing the statute's title and the title of the bill's Part.
Amendment #3 adds, in Section 2, that for any program under the oversight of the Board of Trustees of the Teachers' and State Employees' Retirement System or the Board of Trustees of the Local Governmental Employees' Retirement System, the employer's certification of the accuracy of the information submitted must establish that State public benefits are not being provided to unauthorized aliens. Requires the Office of State Budget and Management to examine participating employers to determine whether they are employing only legally authorized employees.
Education, Higher Education, Employment and Retirement, Government, State Agencies, UNC System, Department of Adult Correction, Department of Public Safety, Office of State Auditor, Office of State Budget and Management, State Highway Patrol, Local Government, Health and Human Services, Social Services, Public Assistance, Immigration
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Bill S 153 (2025-2026)Summary date: Feb 24 2025 - View summary
Contains whereas clauses.
Section 1
Requires the Secretary of the Department of Public Safety (DPS), the Secretary of the Department of Adult Correction (DAC), Commander of the State Highway Patrol (SHP), the Director of the State Bureau of Investigation (SBI) to each undertake tasks related to cooperation with federal immigration officials, including:
- Enter into a Memorandum of Agreement (MOA) with the Director of the US Immigration and Customs Enforcement (ICE) to permit designated State law enforcement officers to perform immigration law enforcement functions.
- Develop departmental policies on determining the residency or citizenship status of persons in the custody of under supervision of the agency along with procedures for a follow up query to ICE when residency/citizenship of such persons is unable to be determined, and submitting information to ICE when any of those persons is not a legal resident or citizen of the United States or its territories.
- Cooperate with ICE to fullest extent allowed by law.
- Submitting the MOA and said policies to the specified NCGA committee by August 1, 2025.
Directs the State Auditor to perform an audit to determine the compliance of each agency with the above and report the results to the General Assembly by December 31, 2025.
Section 2
Requires the Office of State Budget and Management (OSBM) to examine the 19 listed “covered State public benefits programs” to determine whether, and the extent to which, such benefits are being provided to unauthorized aliens. OSBM must complete the examination and publish its findings on its website no later than December 31, 2025. Directs OSBM to take steps to ensure that covered State public benefits programs are not being used to benefit unauthorized aliens beyond that which is required by federal law and report to the General Assembly by January 15, 2026, and annually thereafter on the steps taken, and the resulting success, of those steps.
Section 3
Directs, in new GS 153A-435.1 (counties) and GS 160A-485.1 (cities), that counties/cities that have sanctuary ordinances are considered to have waived its governmental immunity from civil liability in tort in the event an unauthorized alien commits a crime against persons or property within its corporate limits if the local government entity does not comply GS 153A-145.5 (barring counties from adopting sanctuary ordinances)/GS 160A-205.2 (barring cities from adopting sanctuary ordinances). Specifies that the waiver of immunity applies even if the local government has not purchased insurance. Makes conforming changes to GS 153A-145.5 and GS 160A-205.2.
Section 4
Adds new GS 116-40.14, prohibiting a UNC constituent institution from having in effect any policy or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. Prohibits these institutions from: preventing law enforcement officials or agencies from gathering citizenship or immigration status (lawful or unlawful) of any individual, directing law enforcement agencies not to gather such information; or prohibiting the communication of such information to federal law enforcement agencies.
Education, Higher Education, Government, State Agencies, UNC System, Department of Adult Correction, Department of Public Safety, Office of State Auditor, Office of State Budget and Management, State Highway Patrol, Local Government, Health and Human Services, Social Services, Public Assistance, Immigration