Recodifies GS 64-1 through GS 64-5 as Article 1 of GS Chapter 64. Enacts new Article 2 to Chapter 64, Aliens, as title indicates. New GS 64-10 requires law enforcement officers who have reasonable suspicion that a person lawfully stopped or detained is an alien not lawfully present in the United States to make a reasonable attempt to determine the person’s immigration status, unless making such a determination hinders an investigation. New GS 64-14 creates the criminal offense of unlawfully transporting, moving, concealing, harboring, or shielding an alien not lawfully present in the United States, a Class 1 misdemeanor unless it involves 10 or more aliens in which case it is a Class G felony. Requires that law enforcement officers take certain actions where human trafficking or smuggling is suspected, including inquiring regarding the immigration status of occupants of a vehicle. New GS 64-12 sets forth permissible methods for verifying immigration status and permits states to retain information related to immigration status and to share that information with federal, state, or local agencies for any lawful purpose. New GS 64-11 requires that any person arrested have the person’s immigration status determined before the person is released. New GS 64-13(a) requires that law enforcement officers request the United States Department of Homeland Security to issue a detainer requesting transfer to federal custody of any illegal alien held by state or local police. GS 64-13(b) permits state and local law enforcement officers to transport aliens whose unlawful status has been verified to a federal detention facility. New GS 64-15 bars state and local agencies from restricting law enforcement officers and agencies and other state and local agencies from assisting in the enforcement of federal immigration law.
New GS 64-16 prohibits law enforcement officers and agencies from considering race, color, religion or national origin in the enforcement of Article 2 and requires the Article to be implemented in a manner consistent with federal immigration laws and civil rights. New GS 64-17 requires state and local agencies to verify the lawful presence of persons at least 18 years of age who apply for certain public benefits. New GS 64-18 creates a cause of action allowing state residents to sue any governmental entity that violates GS 64-17 or adopts a policy limiting or restricting the enforcement of federal immigration laws. Amends GS 15A-401 to permit the warrantless arrest of an alien who (1) is subject to a civil removal order, (2) is subject to a detainer issued by the Department of Homeland Security, (3) has been charged or convicted in another state with one or more specified aggravated felonies, or (4) has willfully failed to comply with federal alien registration laws. Effective October 1, 2011.
Bill S 604 (2011-2012)Summary date: Apr 14 2011 - View summary