GOV. IMMIGRATION COMPLIANCE/ENJOIN ORDINANCES.

View NCGA Bill Details2021-2022 Session
House Bill 62 (Public) Filed Monday, February 8, 2021
AN ACT TO AUTHORIZE INJUNCTIVE RELIEF AGAINST CITIES AND COUNTIES THAT ADOPT SANCTUARY POLICIES, ORDINANCES, OR PROCEDURES IN VIOLATION OF STATE LAW.
Intro. by Cleveland, Warren, Clampitt.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 15 2021)
H 62

Bill Summaries:

  • Summary date: Mar 9 2021 - More information

    House committee substitute amends the 1st edition as follows. 

    Modifies the proposed changes to GS 153A-145.5 and GS 160A-205.2, which creates a right of action for any person to seek an injunction for any violation of the statutes prohibiting sanctuary ordinances. Changes standing required to bring an action seeking injunction under the statutes to restrict standing to North Carolina residents who are either a US citizen or a lawfully admitted permanent resident.

    Amends the proposed provisions regarding the award of attorneys' fees in injunctive actions under GS 160A-205.2 as amended (concerning cities) to prohibit assessing attorneys' fees against the governmental body or unit if the court finds the body or unit acted in reasonable reliance on a judgement or order entered in a case to which the body or unit is a party (previously more generally an applicable judgment or order). No longer prohibits assessing attorneys' fees against the body or unit for reasonable reliance on the published opinion of an appellate court, an order of the NC Business Court, or a final order of the Trial Division of the General Court of Justice.

    Eliminates the proposed appropriations to the Department of Labor and the Office of State Budget and Management for education on the act's provisions. 


  • Summary date: Feb 8 2021 - More information

    Amends GS 153A-145.5 and GS 160A-205.2 to deem null and void any county or city policy, ordinance, or procedure limiting or restricting the enforcement of federal immigration laws to less than the full extent permitted by federal law (previously prohibited such policies, ordinances and procedures). Additionally, creates a right of action for any person to seek an injunction for any violation of the statutes. Authorizes courts to enter mandatory or prohibitory injunctions to enjoin violations, requiring actions brought to be set for immediate hearing, with subsequent proceedings accorded priority by trial and appellate courts. Specifies that adequate legal remedies is no defense in the action. Requires injunction orders to describe the acts enjoined with reference to the violations that have been proved. Courts are authorized to award attorneys' fees to (1) a party who successfully obtains injunctive relief, or (2) the governmental unit or body the action was instituted against if the court determines the action was filed in bad faith or was frivolous. Bars assessing attorneys' fees against the governmental body or unit if the court finds that the governmental body or unit acted in reasonable reliance on (1) a court order or judgement applicable to the governmental unit or body, or (2) the published opinion of an appellate court, an order of the NC Business Court, or a final order of the Trial Division.

    Appropriates $10,000 from the General Fund for 2021-22 to the Department of Labor to provide education for the public regarding the act's provisions, effective July 1, 2021.

    Appropriates $5,000 from the General Fund for 2021-22 to the Office of State Budget and Management to provide grants to the NC League of Municipalities (in the amount of $3,000) and the NC County Commissioners Association (in the amount of $2,000) to provide education for local governments, effective July 1, 2021.

    Applies to actions filed on or after the date the act becomes law. 


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