Bill Summary for H 370 (2019-2020)

Summary date: 

Mar 14 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 370 (Public) Filed Thursday, March 14, 2019
AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS.
Intro. by D. Hall, Jones, Saine, C. Smith.

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Bill summary

Section 1

Amends GS 162-62, Legal status of prisoners. Requires administrators or another in charge of county jails, local confinement facilities, district confinement facilities, or satellite jails/work release units to attempt to determine if a prisoner that is confined in their facility and charged of a crime (was, a felony) or impaired driving offense is a legal US resident by an inquiry of the prisoner and/or examination of any relevant documents. Now mandates (previously, mandates where possible) the facility administrator or another in charge to make a query of Immigration and Customs Enforcement (ICE) of the US Department of Homeland Security (Department) if unable to determine if the prisoner is a legal US resident/citizen. Eliminates the provision deeming receipt of a facility's query as ICE's notification of the prisoner's unlawful resident status and confinement.

Adds new requirements of the facility when a prisoner is subject to an immigration detainer request issued by the Department. Requires the facility to comply with, honor, and fulfill the detainer request and inform the prisoner that the prisoner is being held pursuant to the detainer request. Excludes from these requirements persons who are victims of or witnesses to a criminal offense, persons reporting a criminal offense, or persons who have provided proof of citizenship or have lawful immigration status.

Creates an annual reporting requirement for facility administrators or others in charge to report the number of queries performed pursuant to the statute, as amended, and their results to the Governor's Crime Commission, beginning January 1, 2020. Requires the Governor's Crime Commission to make the reports available to the public.

Makes conforming changes. 

Sections 2 and 3

Amends GS 153A-145.5 (concerning counties) and GS 160A-205.2 (concerning cities), enacting identical provisions to prohibit counties and cities from prohibiting federal law enforcement officers from entering and conducting enforcement activities at any county jail, local confinement facility, district confinement facility, or satellite jail/work release unit. Makes conforming changes to provide for GS 162-62(b2), as enacted.

Section 4

Enacts GS 64-40, establishing a civil action for declaratory and injunctive relief for private residents to bring against a city, county, or local law enforcement agency that the person believes is not in compliance with a State law related to immigration, defined as GS 153A-145.5, GS 160A-205.2, and GS 162-62 (all amended by the act). Provides for filing of the action, and requires award of reasonable attorneys' fees and court costs to the prevailing party under the action. Requires a court to impose civil penalties against a city, county, or law enforcement agency for noncompliance with any order issued, ranging from $1,000 to $1,500 per day for the first offense, and $25,000 to $25,500 per day for each subsequent offense. Defines law enforcement agency.

Sections 5 and 6

Enacts GS 160A-290 and GS 162-27, authorizing chiefs of police and sheriffs to adopt a written policy requiring their respective agencies to perform community outreach activities to educate the public that an officer cannot inquire about the immigration status of a victim or witness to an alleged criminal offense unless the officer determines that the inquiry is necessary to investigate the offense or provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. Requires any policy adopted to include outreach to victims of sexual assault and domestic abuse.

Section 7

Provides the act is effective December 1, 2019.

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