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The Criminal Illegal Alien Enforcement Act

PassedHouse

Ch. SL 2025-852025-07-29

71 Yea49 Nay2025-07-29

This bill requires North Carolina jail facilities to check whether inmates charged with certain crimes are U.S. citizens or legal residents, and to query Immigration and Customs Enforcement (ICE) if their status is unclear. When ICE issues a detention order, facilities must hold the person for up to 48 hours or until ICE takes custody, and must notify ICE before release.

  • Supporters argue this bill enhances public safety by ensuring that individuals in the country illegally who commit crimes are identified and processed through federal immigration authorities.
  • They contend it prevents the release of people with serious criminal charges who may pose a flight risk or danger to communities, and that it enforces existing federal immigration law while protecting officers from liability for following court orders.
  • Opponents worry this bill may lead to prolonged detention of people without additional criminal charges or convictions, raising due process concerns.
  • They argue it could strain local jail resources and budgets, potentially conflict with some communities' policing policies, and that holding people solely based on civil immigration detainers—rather than criminal convictions—may raise constitutional questions about detention authority and equal protection.

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