Part I.

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 Part I 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, searching a person or property, entering a residence, or otherwise conducting 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 (1) detain, arrest, or search a person or their domicile; (2) continue custody of an individual; or (3) access State or local government records, databases, or systems. 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 a 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.

Part II.

Amends GS Chapter 17F to add the following new sections regulating law enforcement officer (LEO) identification and use of facial coverings.

New GS 17F-22 prohibits LEO use of facial coverings in the course of duties. Defines terms including facial covering as an item that obscures the wearer’s facial identity, except for clear and surgical masks, helmets during transportation, and religious head coverings. Allows use of facial coverings for active undercover or tactical operations and identity protection during prosecution, as governed by occupational health and safety or reasonable accommodation laws.

New GS 17F-23 requires LEOs to wear clear and accurate identification of their agency on their uniforms and identify themselves by name or badge number upon request.

New GS 17F-24 requires federal law enforcement (including ICE and CBP) to wear operational body-worn cameras while in the state, to be turned on while on active duty and the footage retained. Specifies that a federal LEO is civilly liable for any injury caused by a violation of the statute, to the extent allowed by federal law. Effective July 1, 2026.

Expands the criminal offense classes of impersonation of a law enforcement officer under GS 14-277 to add new felony designations for impersonating a federal LEO including any impersonation of a federal immigration enforcement agent. Applies to offenses committed on or after December 1, 2026.

Part III.

Adds GS 64-6 prohibiting any employee or political subdivision of the State from entering into any agreement with the United States Attorney General to perform immigration officer functions.

Adds new GS 17F-25, prohibiting LEOs from assisting federal law enforcement in the apprehension, arrest, or detention of persons for alleged or suspected immigration violations in any of the five listed locations. Voids any current or future cooperation agreements between State or local LEO and federal law enforcement if the agreement violates the above. Prohibits criminal justice officers from assisting federal law enforcement in the apprehension, arrest, or detention of persons for alleged or suspected immigration violations in any of the locations listed in the statute. Specifies that a federal LEO is civilly liable for any injury caused by a violation of the statute, to the extent allowed by federal law. Effective July 1, 2026.

Part IV.

Adds new GS 17F-26 requiring the US Department of Homeland Security (DHS) to provide the Governor with a weekly list of all people detained within and deported from this state and the charges against each detainee and deportee. Requires immediate notice from DHS to the Governor and the juvenile’s school if a juvenile less than 18 years of age is detained or deported. Applies to all detentions and deportations committed on or after July 1, 2026.

Part V.

Adds new GS 95-31.1, prohibiting a state, local, federal, or private entity from retaliating against a place of employment based on its designation as a Fourth Amendment workplace (private or public place of employment that has trained its staff on the United States Constitution's Fourth Amendment protections against unreasonable searches and seizures). Effective July 1, 2026.