North Carolina SB 982: Make Enf. Liable and Transparent (MELT) Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 982

Short Title: Make Enf. Liable & Transparent (MELT) Act. (Public)
Sponsors: Senators Chitlik, Theodros, and Murdock (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S982-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE ENFORCEMENT LIABLE AND TRANSPARENT. 2
The General Assembly of North Carolina enacts: 3
4
PART I. SUPPORT IMMIGRANT LEGAL DEFENSE 5
6
LEGISLATIVE FINDINGS AND TITLE 7
SECTION 1.1.(a) The General Assembly makes the following findings: 8
(1) Session Law 2025-85 (House Bill 318) expanded cooperation between local 9
jails and federal immigration enforcement in ways that chilled community 10
trust in law enforcement. 11
(2) Session Law 2025-85 created additional pretrial detention based on 12
immigration status rather than risk or flight, undermining due process. 13
(3) Warrantless civil immigration arrests based solely on administrative warrants 14
raise serious constitutional and civil liberty concerns. 15
(4) North Carolina benefits when immigrant residents have access to competent 16
legal counsel in removal proceedings, asylum claims, and status stabilization 17
matters. 18
(5) Investing in trusted, community-based legal service providers is a more 19
effective and humane approach than prolonging detention based on federal 20
immigration detainers. 21
SECTION 1.1.(b) This Part shall be known as "Repeal Session Law 2025-85 and 22
Support Immigrant Legal Defense Act." 23
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REPEAL SESSION LAW 2025-85 25
SECTION 1.2. S.L. 2025-85 is repealed. 26
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REQUIREMENT OF JUDICIAL WARRANT FOR FEDERAL IMMIGRATION 28
ENFORCEMENT ACTIONS WITHIN NORTH CAROLINA 29
SECTION 1.3.(a) Article 20 of Chapter 15A of the General Statutes is amended by 30
adding a new section to read: 31
"§ 15A-407. Judicial warrants required. 32
(a) Definitions. – For the purposes of this section, the following definitions apply: 33
(1) Administrative warrant. – Any warrant, detainer, or notice issued by a federal 34
executive branch immigration agency without prior judicial approval. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 982-First Edition
(2) Judicial warrant. – A warrant issued by a judge or magistrate based on a 1
finding of probable cause. 2
(b) Judicial Warrant Requirement. – Notwithstanding any other provision of law, no 3
officer, agent, or employee of U.S. Customs and Border Protection (CBP) or U.S. Immigration 4
and Customs Enforcement (ICE) may take a person into custody, search a person, search 5
property, enter a residence, or otherwise conduct an immigration enforcement action within the 6
territorial jurisdiction of North Carolina unless the officer is acting pursuant to a valid judicial 7
warrant issued by a federal or state court based on probable cause. 8
(c) Administrative Warrants are Insufficient. – For the purposes of this section, an 9
administrative warrant, immigration detainer, notice of action, or other civil immigration 10
document issued solely by the United States Department of Homeland Security, CBP, or ICE 11
shall not constitute a judicial warrant. The aforementioned documents are insufficient for all of 12
the following actions: 13
(1) The detention, arrest, or search of any person or that person's domicile. 14
(2) The continued custody of any individual beyond their lawful release. 15
(3) Access to, disclosure of, or use of State or local government records, 16
databases, or systems, including, but not limited to, Division of Motor Vehicle 17
records, unless a warrant has been issued by a neutral judicial officer based on 18
probable cause. 19
(d) Limits on State and Local Assistance. – A State or local law enforcement agency, 20
officer, or employee shall not: 21
(1) Detain or continue to detain a person solely based on a CBP or ICE 22
administrative warrant or detainer. 23
(2) Transfer custody of a person to CBP or ICE in the absence of a judicial 24
warrant. 25
(3) Provide access to nonpublic areas of a detention facility to CBP or ICE for the 26
purpose of questioning, interviewing, or arresting a person without a judicial 27
warrant. 28
(e) Right to Not Cooperate. – Counties, municipalities, sheriffs, and local law 29
enforcement agencies retain the right to decline cooperation with federal immigration 30
enforcement in the absence of a judicial warrant. 31
(f) Exemption for Criminal Warrants. – Nothing in this section prohibits cooperation 32
with CBP or ICE when they are acting pursuant to a valid criminal warrant issued by a federal 33
court based on probable cause for a violation of federal criminal law. 34
(g) Remedies. – A person aggrieved by a violation of this section may seek declaratory 35
or injunctive relief in State court, and any evidence obtained in violation of this section shall be 36
inadmissible in any State proceeding." 37
SECTION 1.3.(b) Article 20 of Chapter 15A of the General Statutes is amended by 38
adding a new section to read: 39
"§ 15A-408. Lim