SB 153 – Sweeping Immigration Bill On Governor’s Desk, New Mandates Coming

By Ms Jheri Worldwide

Staff Writer

A controversial bill that would enlist state and local agencies in federal immigration enforcement has passed the North Carolina Congress and now awaits a decision from the Governor, who may sign it into law or issue a veto.

The bill, SB 153, mandates a significant shift in the responsibilities of numerous state agencies, requiring them to actively determine the immigration status of individuals in their custody or under their supervision. Under the proposed law, agencies including the Department of Health and Human Services (DHHS), the State Bureau of Investigation (SBI), the State Highway Patrol, and the Department of Corrections would be compelled to develop policies to check immigration status and notify U.S. Immigration and Customs Enforcement (ICE) if an individual is found to be without legal status.

The legislation’s reach extends deep into the social safety net and public services. State entities like DHHS, the Department of Commerce’s Division of Employment Security, and the Housing Finance Agency, along with local housing authorities, would be required to terminate benefits to anyone without legal status. Furthermore, they would be tasked with verifying the immigration status of all future applicants before awarding any benefits, a move critics suggest will complicate and slow down an already difficult process for all citizens seeking aid.

The bill also takes direct aim at so-called “sanctuary” policies. It explicitly withdraws legal immunity from any city or county that has adopted such policies, potentially exposing them to lawsuits. In a move that has drawn concern from the academic community, SB 153 also strictly prohibits the entire University of North Carolina system from adopting any form of sanctuary policies, infringing on the system’s ability to determine how to best serve its students and foster a welcoming environment.

In essence, SB 153 imposes the duties of a federal function onto state agencies, requiring a significant use of state time and resources to enforce federal immigration law. The State Auditor would be tasked with ensuring these agencies comply with the new mandates. While the bill has passed through the legislature, its future is not yet certain. The proposal places new administrative hurdles on state agencies and residents seeking essential services, with no clear benefit stated for the citizens of North Carolina. All eyes are now on the Governor’s office to see if this far-reaching legislation will become state law.

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