Bill Summaries: S 917 MELT ACT: SUPPORT IMMIGRANT LEGAL DEFENSE.

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  • Summary date: Apr 29 2026 - View Summary

    Contains five legislative findings pertaining to SL 2025-85 (An act to Modify Eligibility for Release and Require Notification of Release to ICE when a Prisoner is Subject to an Immigration Detainer and Administrative Warrant), warrantless immigration arrests, and access to legal counsel for immigrants.  Titles the act the “Repeal Session Law 2025-85 and Support Immigrant Legal Defense Act."

    Repeals SL 2025-85. Adds new GS 15A-407 prohibiting United States Immigration and Customs Enforcement (ICE) or United States Customs and Border Protection (CBP) from taking a person into custody, search person or property, enter a residence, or otherwise conduct an immigration enforcement action within the territorial jurisdiction of North Carolina unless the officer is acting pursuant to a valid judicial warrant (defined) issued by a federal or State court based on probable cause. Clarifies that administrative warrants and other specified non-judicial documents are insufficient to detain, continued custody of, or access to State or local government records. Prohibits State or local law enforcement agencies and employees from detaining or continuing to detain a person solely on an administrative warrant or detainer, transferring custody of a person to ICE or CBP without a judicial warrant, or providing access to nonpublic areas of a detention facility to CBP or ICE for the purpose of questioning, interviewing, or arresting a person without a judicial warrant. Provides for local governments and law enforcement to retain the right to decline to cooperate with federal immigration enforcement without a judicial warrant. Allows for a person aggrieved by a violation of the statute to seek declaratory or injunctive relief. Excludes any evidence obtained in violation of the statute from admissibility in any State proceeding.

    Specifies, in new GS 15A-408 that, no county jail, local confinement facility, district confinement facility, satellite jail, or work release unit can hold a person solely on the basis of a federal immigration detainer or administrative warrant beyond the time the person would otherwise be eligible for release under State law. Directs that State and local law enforcement may, but are not required to, communicate with federal authorities regarding immigration status, except where required by federal court order. Clarifies that nothing in the statute prohibits compliance with valid criminal warrants or  judicial orders unrelated to civil immigration enforcement.

    Appropriates $4 million from the General Fund to the Department of Administration (DOA) for 2026-27 to be transferred to the Office of State Budget and Management to be allocated to the four nonprofits in the amounts specified. Lists six allowable uses of the funds. Specifies that the funds remain available until spent. Requires each grantee to submit an annual report to DOA and the specified NCGA committee.

    Contains severability clause.

    Effective July 1, 2026, and applies to any person detained or arrested by the United States Immigration and Customs Enforcement or United States Customs and Border Protection on or after that date.