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: Brenden H. Jones (Republican), Carson Smith (Republican), Destin Hall (Republican), Brian Echevarria (Republican)

Became Law

CORRECTIONAL INSTITUTIONSCOUNTIESEMERGENCY SERVICESIMMIGRATIONJAILSLAW ENFORCEMENTLOCAL GOVERNMENTNOTIFICATIONPRESENTEDPUBLICRATIFIEDSHERIFFSVETOEDALIENSCHAPTEREDVETO OVERRIDDEN

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1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Short hold for immigration check before release

Beginning Oct 1, 2025, courts follow new steps at pretrial release. The rule covers people charged with: any felony; a Class A1 misdemeanor under Articles 6A, 7B, or 8 of Chapter 14; any violation of G.S. 50B-4.1; or an impaired driving offense under G.S. 20-4.01. The judicial official must try to confirm U.S. citizenship or legal residency. If status is unclear, the person goes to a jail for fingerprinting and an immigration check. The jail may hold the person up to two hours from the ICE query. If ICE does not send both a detainer and an administrative warrant in two hours, the person must be released under the court’s order. If ICE sends both within two hours, the jail follows the state detainer hold: present the detainer to a judicial official, hold for transfer to ICE, and release only when ICE picks up, the detainer is canceled, or 48 hours pass after the would‑be release time.

Sponsors & Cosponsors

Cosponsors

Dean Arp
Republican • House
Jennifer Balkcom
Republican • House
John R. Bell, IV
Republican • House
Brian Biggs
Republican • House
Grant L. Campbell, MD
Republican • House
Kelly E. Hastings
Republican • House
Cody Huneycutt
Republican • House
Frank Iler
Republican • House
Jake Johnson
Republican • House
Kyle Hall
Republican • House
Keith Kidwell
Republican • House
Donnie Loftis
Republican • House
Jeffrey C. McNeely
Republican • House
Charles W. Miller
Republican • House
Ben T. Moss, Jr.
Republican • House
Neal Jackson
Republican • House
Larry W. Potts
Republican • House
Timothy Reeder, MD
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