North Carolina SB 153: 23rd Senatorial District Local Act-1.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-19
SENATE BILL 153

*S153-v-5*
AN ACT TO PROTECT THE BORDERS OF THE STATE BY (I) REQUIRING
COOPERATION WITH FEDERAL IMMIGRATION OFFICIALS, (II) ENSURING
STATE FUNDS ARE BEING USED FOR THE BENEFIT OF PERSONS IN THE STATE
LEGALLY, (III) CREATING ADDITIONAL INCENTIVES FOR LOCAL
GOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION,
AND (IV) PROHIBITING UNC CONSTITUENT INSTITUTIONS FROM BECOMING
SANCTUARY UNIVERSITIES.

Whereas, with their votes electing Donald J. Trump to be the 47th President of our
great nation, the American people and the people of North Carolina clearly communicated their
strong desire to create a safer country through increased border security and stronger immigration
policies; and
Whereas, while the federal government is ultimately responsible for the enforcement
of our nation's immigration laws, states and local governments have a critical role to play in
upholding the rule of law, fighting illegal immigration, and protecting the safety of our citizens;
and
Whereas, President Trump issued executive orders on January 20, 2025, to protect the
American people against invasion, to secure our borders, and to declare a national emergency at
the southern border of the United States, thereby continuing his promises to protect our southern
border and ensure immigration laws are followed and enforced; and
Whereas, it is the policy of the United States to take all appropriate action to secure
the borders of our Nation, including through cooperating fully with State and local law
enforcement officials in enacting federal-State partnerships to enforce federal immigration
priorities; and
Whereas, President Trump has, to ensure State and local law enforcement agencies
across the United States can assist with the protection of the American people, (i) instructed the
Secretary of Homeland Security, to the maximum extent permitted by law, and with the consent
of State or local officials as appropriate, to take appropriate action, through agreements under
section 287(g) of the INA (8 U.S.C. § 1357(g)) or otherwise, and (ii) authorized State and local
law enforcement officials, as the Secretary of Homeland Security determines are qualified and
appropriate, to perform the functions of immigration officers in relation to the investigation,
apprehension, or detention of aliens in the United States under the direction and the supervision
of the Secretary of Homeland Security; and
Whereas, President Trump has expressly stated the goal of upholding the rule of law,
defending against the waste of hard-earned taxpayer resources, and protecting benefits for
American citizens in need, including individuals with disabilities and veterans; and
Whereas, Section 5 of Article III of the North Carolina Constitution charges the
Governor with taking care that the laws are faithfully executed; and
Whereas, to date, Governor Stein has not directed the agencies, law enforcement
officers, or other agents of the State to take actions (i) to support or participate in these initiatives
to accomplish these goals of securing taxpayer dollars for American and State citizens or (ii) to

Page 2 Session Law 2026-19 Senate Bill 153
prevent actions by agencies or political subdivisions of the State that may frustrate these
purposes; Now, therefore,

The General Assembly of North Carolina enacts:

PART I. COOPERATION WITH FEDERAL IMMIGRATION OFFICIALS
SECTION 1.(a) The Secretary of the Department of Public Safety shall do each of
the following:
(1) Enter into a Memorandum of Agreement (MOA) with the Director of U.S.
Immigration and Customs Enforcement (ICE) pursuant to section 287(g) of
the Immigration and Nationality Act (8 U.S.C. § 1357(g)), to permit
designated State law enforcement officers to perform immigration law
enforcement functions. The designated State law enforcement officers shall
be required to receive appropriate training as provided by ICE and shall
function under the supervision of ICE officers when performing under the
MOA.
(2) Develop departmental policies requiring each of the following:
a. Employees of the Department shall attempt to determine if any person
in the custody or under the supervision of the Department is a legal
resident or citizen of the United States or its territories by inquiry of
the person, or by examination of any relevant documents, or both.
b. When employees are unable to determine if a person is a legal resident
or citizen of the United States or its territories under sub-subdivision
a. of this subdivision, the employees shall make a query of
Immigration and Customs Enforcement of the United States
Department of Homeland Security.
c. When employees determine that a person in the custody or under the
supervision of the Department is not a legal resident or citizen of the
United States or its territories, the employees shall provide requested
information regarding the person to Immigration and Customs
Enforcement of the Unite