House passes North Carolina Border Protection Act after heated debate over due process, public-health and local immunity

The North Carolina House on June 4 approved a committee substitute to Senate Bill 153, the North Carolina Border Protection Act, after lengthy floor debate that split lawmakers along policy and constitutional lines.

Proponents, led in debate by Representative Pirtle, said the bill "requires the secretary of [Public Safety], the secretary of Department of Adult Corrections, the commander of the State Highway Patrol, and the director of the State Bureau of Investigation to each enter into an agreement with U.S. Immigration and Customs Enforcement to fully cooperate with immigration laws." Supporters framed the measure as a way to ensure statewide consistency in cooperation with federal immigration enforcement.

Opponents raised concerns about civil rights, public health and the bill's legal consequences. Representative Butler said the measure was "wrapped in the language of public safety, but its effect will be to create a culture of fear," arguing it would deter immigrant families from using services and reporting crimes. Multiple lawmakers warned that directing public-health workers and counties to screen or report residents could undermine trust in clinics and emergency services.

Lawmakers also sparred over the bill's liability provisions. Representative Smith, an attorney, flagged a clause that would waive local governments' immunity from tort liability for failing to comply with certain statutory sections, noting it "gives me concern" because the scope of "commits a crime" is vague and could expose counties and cities to prolonged litigation.

Representative Logan offered an amendment that she described simply as procedural and protective: "My amendment is for due process," she said, adding language to emphasize that any person in custody must be afforded the protections guaranteed by the U.S. Constitution and the North Carolina Constitution. That amendment was the subject of a motion to table on the floor. Representative Bell moved that the amendment "lie upon the table," and the motion carried by recorded vote, 61–45, removing Logan's changes from further consideration.

Members continued to debate the underlying bill after the tabling vote. Protestations about separation of powers were raised: one member said the measure "directs the executive branch" to carry out detailed duties and risked overstepping the legislature's authority. Others argued the bill addressed real public-safety and public-health concerns and advanced enforceable policy.

On the committee-substitute second-reading vote the House recorded 60 in favor and 45 opposed; the measure was then read a third time and passed by voice vote, and the committee substitute to Senate Bill 153 was returned to the Senate for further action.

What the bill would do

- Require key state agencies to enter agreements with ICE to cooperate with federal immigration enforcement. - Require certain state agencies to revise eligibility and verification policies for state-funded benefits and housing assistance so that ineligible noncitizens are excluded, with deadlines for implementation of some verification steps. - Prohibit UNC System campuses from adopting policies described in the bill as sanctuary policies. - Include a provision that would waive local governments' immunity in some circumstances when a person described as an unauthorized alien "commits a crime" within local limits.

Dissent and legal questions

Lawmakers on the floor repeatedly raised legal and implementation questions that were not resolved in the debate: how the bill defines "commits a crime" for purposes of civil liability; how agencies would implement eligibility reviews and whether training and funding were provided; and whether requiring public-health staff to screen for immigration status would conflict with privacy laws or interfere with care.

Next steps

The committee substitute to Senate Bill 153 was returned to the Senate after passage in the House; if accepted or reconciled, it would proceed to the governor. Given the scope of legal and administrative questions raised on the floor, proponents and opponents said further review and potential litigation are possible.

Quote highlights

"We need to ensure that statewide law enforcement agencies are also cooperating with ICE," Representative Pirtle said while opening debate.

"This bill is wrapped in the language of public safety, but its effect will be to create a culture of fear," Representative Butler said in opposition.

"My amendment is for due process," Representative Logan said when presenting her amendment.

Ending

The House passed the committee substitute and returned it to the Senate; lawmakers on both sides signaled continuing legal and implementation concerns that could affect how the measure is enforced if it becomes law.