North Carolina HB 318: The Criminal Illegal Alien Enforcement Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-85
HOUSE BILL 318

*H318-v-6*
AN ACT TO MODIFY ELIGIBILITY FOR RELEASE AND REQUIRE NOTIFICATION OF
RELEASE TO IMMIGRATION AND CUSTOMS ENFORCEMENT WHEN A
PRISONER IS SUBJECT TO AN IMMIGRATION DETAINER AND ADMINISTRATIVE
WARRANT.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 162-62 reads as rewritten:
"§ 162-62. Legal status of prisoners.
(a) When any person is confined for any period in a county jail, local confinement
facility, district confinement facility, satellite jail, or work release unit, the administrator or other
person in charge of the facility shall attempt to determine if the prisoner is a legal resident or
citizen of the United States by an inquiry of the prisoner, or by examination of any relevant
documents, or both, if the person is charged with any of the following offenses:
(1) A felony under G.S. 90-95.Any felony.
(2) A felony under Article 6, Article 7B, Article 10, Article 10A, or Article 13A
of Chapter 14 of the General Statutes.
(3)(2) A Class A1 misdemeanor or felony under Article 6A, Article 7B, or Article 8
of Chapter 14 of the General Statutes.
(4)(3) Any violation of G.S. 50B-4.1.
(4) Any offense involving impaired driving as defined in G.S. 20-4.01.
(b) If the administrator or other person in charge of the facility is unable to determine if
that prisoner is a legal resident or citizen of the United States or its territories, the administrator
or other person in charge of the facility holding the prisoner shall make a query of Immigration
and Customs Enforcement of the United States Department of Homeland Security. If the prisoner
has not been lawfully admitted to the United States, the United States Department of Homeland
Security will have been notified of the prisoner's status and confinement at the facility by its
receipt of the query from the facility.
(b1) When any person charged with a criminal offense is confined for any period in a
county jail, local confinement facility, district confinement facility, satellite jail, or work release
unit, and the administrator or other person in charge of the facility has been notified that
Immigration and Customs Enforcement of the United States Department of Homeland Security
has issued a detainer and administrative warrant that reasonably appears to be for the person in
custody, the following shall apply:
(1) Prior to the prisoner's release, and after receipt of the detainer and
administrative warrant, or a copy thereof, by the administrator or other person
in charge of the facility, the prisoner shall be taken without unnecessary delay
before a State judicial official who shall be provided with the detainer and
administrative warrant, or a copy thereof.
(2) The If the prisoner appearing before the judicial official is the same person
subject to the detainer and administrative warrant, the judicial official shall
issue an order directing the prisoner be held in custody if the prisoner

Page 2 Session Law 2025-85 House Bill 318
appearing before the judicial official is the same person subject to the detainer
and administrative warrant.and transferred to the custody of an officer of
Immigration and Customs Enforcement of the United States Department of
Homeland Security upon that officer's appearance at the facility and request
for custody.
(3) Unless continued custody of the prisoner is required by other legal process, a
prisoner held pursuant to an order issued under this subsection shall be
released upon the first of the following conditions:
a. The passage of 48 hours from receipt of the detainer and administrative
warrant.the time the prisoner would otherwise be released from the
facility.
b. Immigration and Customs Enforcement of the United States
Department of Homeland Security takes custody of the prisoner.
c. The detainer is rescinded by Immigration and Customs Enforcement
of the United States Department of Homeland Security.
(4) For any prisoner held pursuant to an order issued under this subsection, no
later than two hours after the time when the prisoner would otherwise be
released from the facility, the administrator or other person in charge of the
facility shall notify Immigration and Customs Enforcement of the United
States Department of Homeland Security of the date and time that the prisoner
will be released pursuant to sub-subdivision a. of subdivision (3) of this
subsection. The notification shall be made in the manner indicated on the
Department of Homeland Security Immigration Detainer – Notice of Action
form.
(b2) No State or local law enforcement officer or agency shall have criminal or civil
liability for action taken pursuant to an order issued under subsection (b1) of this section.
(c) Except as provided in subsection (b1) of this section, nothing in this section shall be
construed to deny bond to a prisoner or to prevent a prisoner from being released from
confinement when that prisoner is otherwise eligible for release.
....