All Roll Calls
Yes: 432 • No: 284
North CarolinaHB 3182025-2026 SessionHouse
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.
Sponsored By: Dana Jones (Republican), Carson Smith (Republican), Kyle Hall (Republican), Brian Echevarria (Republican)
Signed by Governor
CORRECTIONAL INSTITUTIONSCOUNTIESEMERGENCY SERVICESIMMIGRATIONJAILSLAW ENFORCEMENTLOCAL GOVERNMENTNOTIFICATIONPRESENTEDPUBLICRATIFIEDSHERIFFSVETOEDALIENSCHAPTEREDVETO OVERRIDDEN
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Jails must hold for ICE transfer
Beginning October 1, 2025, if ICE issues a detainer and administrative warrant for someone in custody, the facility must take the person to a State judge before any release. If the judge finds the person is the one named, the judge orders a hold and transfer to ICE when an ICE officer arrives. The facility must tell ICE the planned release date and time no later than two hours after the time the person would otherwise be released, using the DHS Immigration Detainer – Notice of Action form. A person held under this order must be released on the first of these: 48 hours after they would otherwise be released, ICE takes custody, or ICE rescinds the detainer, unless another legal process keeps them. State and local officers and agencies have civil and criminal immunity for actions taken under this judicial order.
Status checks and two-hour ICE hold
Beginning October 1, 2025, jails must try to find out if a person charged with covered offenses is a U.S. citizen or legal resident. They ask the person or check documents; if they cannot tell, they must query ICE. Covered offenses include any felony, certain serious misdemeanors in Chapter 14, domestic violence protective order violations, and impaired driving. When a judge sets pretrial release for these charges and cannot confirm status, the person must be sent for fingerprinting and an ICE query and held for two hours. If ICE does not issue a detainer or administrative warrant within two hours, the person is released under the court’s order; if ICE does, the ICE hold-and-transfer process applies.
Sponsors & Cosponsors
Sponsors
Dana Jones
Republican • Senate
Carson Smith
Republican • House
Kyle Hall
Republican • House
Brian Echevarria
Republican • House
Cosponsors
Dean Arp
Republican • House
Jennifer Balkcom
Republican • House
IV John R. Bell
Republican • House
Brian Biggs
Republican • House
MD Grant L. Campbell
Republican • House
Kelly E. Hastings
Republican • House
Cody Huneycutt
Republican • House
Frank Iler
Republican • House
Todd Johnson
Republican • Senate
Kyle Hall
Republican • House
Keith Kidwell
Republican • House
Donnie Loftis
Republican • House
Jeffrey C. McNeely
Republican • House
Charles W. Miller
Republican • House
Jr. Ben T. Moss
Republican • House
Brent Jackson
Republican • Senate
Larry W. Potts
Republican • House
MD Timothy Reeder
Republican • House
Heather H. Rhyne
Republican • House
Paul Scott
Republican • House
Mitchell S. Setzer
Republican • House
Bill Ward
Republican • House
Harry Warren
Republican • House
Donna McDowell White
Republican • House
David Willis
Republican • House
Matthew Winslow
Republican • House
Roll Call Votes
House vote • 7/29/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 71 • No: 49
Senate vote • 7/29/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 30 • No: 19 • Other: 1
House vote • 7/29/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 72 • No: 48
Senate vote • 6/10/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 26 • No: 17 • Other: 7
Senate vote • 6/10/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 26 • No: 17 • Other: 7
House vote • 6/10/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 66 • No: 45 • Other: 9
House vote • 4/29/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 70 • No: 45 • Other: 5
House vote • 4/29/2025
HB 318: The Criminal Illegal Alien Enforcement Act.
Yes: 71 • No: 44 • Other: 5
Actions Timeline
Ch. SL 2025-85
7/29/2025HouseVeto Overridden
7/29/2025SenatePlaced on Today's Calendar
7/29/2025SenateVeto Received From House
7/29/2025SenateVeto Overridden
7/29/2025HousePlaced On Cal For 07/29/2025
7/3/2025HouseWithdrawn From Cal
7/3/2025HousePlaced On Cal For 07/14/2025
6/30/2025HouseWithdrawn From Cal
6/30/2025HousePlaced On Cal For 06/24/2025
6/23/2025HouseReceived from the Governor
6/20/2025HouseVetoed 06/20/2025
6/20/2025HousePres. To Gov. 6/10/2025
6/10/2025HouseRatified
6/10/2025HouseOrdered Enrolled
6/10/2025HouseConcurred In S Com Sub
6/10/2025HouseAdded to Calendar
6/10/2025HouseCal Pursuant Rule 36(b)
6/10/2025HouseSpecial Message Received For Concurrence in S Com Sub
6/10/2025HouseSpecial Message Sent To House
6/10/2025SenatePassed 3rd Reading
6/10/2025SenatePassed 2nd Reading
6/10/2025SenateAmend Tabled A1
6/10/2025SenateReptd Fav
6/9/2025SenateRe-ref Com On Rules and Operations of the Senate
6/4/2025Senate
Bill Text
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Filed
Latest Edition
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