Enforcement of Federal Immigration Laws. Recodifies GS 64-1 through 64-5 as Article 1 of GS Chapter 64. Enacts new Article 2, Enforcement of Federal Immigration Laws, to GS Chapter 64 to prohibit any official or agency of the state or a local government from limiting or restricting the enforcement of federal immigration laws. Allows any state resident to bring a civil action against any governmental entity to enforce the prohibition. Details action requirements and penalties for violations. Indemnifies law enforcement officers, as specified, except in matters of bad faith. Directs a law enforcement officer or agency, during any lawful stop or detention where reasonable suspicion exists that the person stopped or detained is an alien not lawfully present in the U.S., to make a reasonable attempt to determine the immigration status of the person. Provides the presumption that a person is not an alien unlawfully present in the U.S. if the person produces: (1) a valid NC driver’s license; (2) a NC special identification card; (3) a valid form of tribal identification; or (4) any valid federal, state, or local government issued identification, if the entity requires proof of legal presence in the U.S. before issuance. Requires that the immigration status of an arrestee be determined before release. Requires the applicable entity to notify U.S. Immigration and Customs Enforcement (ICE) upon the release from imprisonment or collection of a fine from a convicted alien not lawfully present in the U.S. Authorizes a law enforcement agency to securely transport an alien who is unlawfully present in the U.S. to a federal facility or federal custody. Allows state agencies and local government units to exchange information related to an individual’s immigration status for four enumerated purposes.
Makes the offense of willful failure to complete or carry an alien registration document, defined as a violation of 8 USC Section 1304(e) or Section 1306(a) (corresponding federal laws), a Class 1 misdemeanor. Provides, however, that the maximum fine is $100 and the maximum imprisonment is 20 days for the first offense and 30 days for subsequent offenses. Sets forth a procedure for allocating confinement costs and an exception for persons authorized to remain in the U.S. Makes the offense of transporting, concealing, or encouraging an alien, as specified, a Class 1 misdemeanor, except makes a violation including 10 or more aliens not lawfully present in the U.S. a Class G felony. Excepts listed parties. Authorizes a person’s immigration status to be verified pursuant to federal law by a federally approved law enforcement officer or in any other federally authorized manner. Prohibits law enforcement officers and agencies from considering a person’s race, color, or national origin, except to the extent permitted by the U.S. or N.C. Constitution.
Amends GS 15A-401(b)(2) to add that an officer may arrest without a warrant if the officer has probable cause, based on information from ICE or another federal agency, that the person has committed an act that makes the person removable from the U.S.
Smuggling of Human Beings. Enacts new GS 14-43.14 to provide that the offense of smuggling of human beings occurs when a person intentionally engages in the smuggling of human beings for profit or a commercial purpose. Makes the violation a Class F felony; however, makes the violation a Class C felony if the victim is a minor and unaccompanied by a family member over 18 years old, or if the offense involved a deadly weapon or dangerous instrument. States that each violation constitutes a separate offense. Enacts new subdivision (6) to GS 14-43.10(a) to define smuggling of human beings.
E-Verify. Amends GS 126-7.1(f) to require each state agency, department, institution, university, community college, and local education agency to register and participate in E-Verify (rather than verify according to the Basic Pilot Program). Enacts new GS 153A-99.1 to require counties to register and participate in E-Verify to verify the work authorization of new employees. Defines E-Verify as the federal E-Verify program operated by the U.S. Department of Homeland Security and other federal agencies used to verify the work authorization of newly hired employees. Also enacts new GS 160A-169.1 to require cities to register and participate in E-Verify. Includes a nondiscrimination clause applicable to the two proposed statutes. Enacts new GS 153A-449(b) and GS 160A-20.1(b) to prohibit counties and cities, respectively, from entering into contracts for the physical performance of services within the state unless the contractor registers and participates in E-Verify. Makes other conforming and technical changes. Enacts new GS 143-129(j) to prohibit any board, state governing body, institution of state government, or local government from awarding contracts unless the contractor registers and participates in E-Verify. Enacts new GS 143-48.5 to prohibit any entity required to report to the Department of Administration from entering into a contract for goods and services unless the contractor registers and participates in E-Verify. Applies to contracts entered into or renewed after January 1, 2012.
Employment of Unauthorized Aliens. Enacts new Article 3, Employment of unauthorized aliens, to GS Chapter 64 to prohibit an employer from knowingly employing an unauthorized alien. Clarifies that an employer knowingly contracts with an unauthorized alien, in violation of the statute, if the employer uses a contract, subcontract, or other agreement with an independent contractor to obtain the labor of an alien in NC. Directs the Attorney General (AG) to prescribe a complaint form for reporting the violation of employing an unauthorized alien. Provides that upon the receipt of a complaint alleging a violation, the AG or district attorney is to investigate the alleged violation. Provides guidelines for conducting the investigation. Directs that if the AG or district attorney determines that the complaint is not false or frivolous, then the AG or district attorney is to: (1) notify the ICE of the presence of the suspected unauthorized alien; (2) notify local law enforcement agencies of the presence of the unauthorized alien; (3) direct the district attorney to bring an action, if applicable; and (4) bring a civil action against the employer in the appropriate superior court district. Makes it a Class 2 misdemeanor to knowingly file a false and frivolous complaint.
Distinguishes criteria for first, second, and subsequent violations, and details the corresponding consequences, including suspension or revocation of the employer’s license and probationary periods. Directs the AG to maintain copies of court orders issued regarding violations, to maintain a database of business locations and employers convicted of a first violation, and to make the court orders available on the AG’s web site. Directs the AG or district attorney, when investigating a complaint under proposed Article 3, to verify the work authorization of the alleged unauthorized alien with the federal government. Instructs the court to only consider the federal government’s determination of the work status. Specifies that proof that an employee’s work authorization was verified through E-Verify creates a rebuttable presumption that the employer did not knowingly employ an unauthorized alien. Also provides that an employer who demonstrates that the employer has complied in good faith with the requirements of 8 U.S.C. Section 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien. Provides additional guidelines regarding compliance with federal and state law. Requires employers to register and participate in E-Verify, and defines employer for the purposes of the statute. Makes it an unfair trade practice as defined in GS 75-1.1 for an employer to discharge a lawfully authorized employee while knowingly employing an unauthorized alien. Includes terms and definitions for proposed Article 3.
Effective for contracts entered into or renewed after January 1, 2012.
Eligibility for Public Benefits. Enacts new Article 4, Eligibility for Public Benefits, to GS Chapter 64, requiring any person who applies for a federal public benefit administered by NC to submit at least one of the 11 enumerated documents to the entity administering the federal public benefit to demonstrate lawful presence in the U.S. Also requires any state agency or local government that administers a public benefit to require each applicant to submit at least one of the 11 enumerated documents. Details exceptions, lists additional requirements, and sets forth penalties for a failure to report violations of federal immigration law. Includes terms and definitions for proposed Article 4. Includes a severability clause.
Admission to Higher Education Institutions. Enacts new GS 115D-1.3 to prohibit a person who is not lawfully present in the United States from being admitted to or taking any class at a community college. Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a community college and (2) a person who will not be present in the United States during any portion of the class or classes taken at a community college. Enacts new GS 116-40.11 to prohibit a person who is not lawfully present in the United States from being admitted to or taking any class at a constituent institution of the University of North Carolina. Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a constituent institution and (2) a person who will not be in the United States during any portion of the class or classes taken at a constituent institution. Makes a conforming change to GS 115D-1. Applies to admissions and classes taken after the date the act becomes law; however, does not prevent a student enrolled in a program as of the date the act becomes law or during the previous semester from completing that program.
Effective October 1, 2011, unless otherwise indicated.
Bill H 343 (2011-2012)Summary date: Mar 14 2011 - View Summary