NC State Immigration Bill Heads to Governor's Desk Amid Veto Speculation

Raleigh --  North Carolina Senate Bill 153, titled the "North Carolina Border Protection Act," has passed both chambers of the General Assembly and now awaits action from Governor Josh Stein.

The bill passed the House of Representatives on June 4, 2025, following its earlier passage in the Senate.

Senate Bill 153 contains several provisions related to immigration enforcement within the state. Key elements of the bill include:

Mandatory 287(g) Agreements: The legislation would require specific state law enforcement agencies, including the Department of Public Safety, Department of Adult Correction, State Highway Patrol, and State Bureau of Investigation, to enter into 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE). These agreements grant state officers authority to perform certain federal immigration functions.
"Sanctuary City" Liability: The bill proposes allowing civil lawsuits against local governments that have policies limiting cooperation with federal immigration authorities.

UNC System Restrictions: It would prohibit institutions within the University of North Carolina system from adopting policies that hinder immigration enforcement or prevent the sharing of immigration status information with federal agencies.

Public Benefits and Housing Assistance: The legislation seeks to restrict access to certain state public benefits and housing assistance for individuals who are not lawfully present in the United States, and mandates an audit by the Office of State Budget and Management to ensure compliance.

Immigration Status Checks: It would require state law enforcement to check the immigration status of detainees and hold individuals determined to be in the U.S. illegally for a period of up to 48 hours to facilitate transfer to ICE custody.

The bill's passage through the legislature indicates a legislative priority to increase state-level involvement in immigration enforcement. Governor Stein now has the option to sign the bill into law, allow it to become law without his signature, or veto it.

Given Governor Josh Stein's past statements and the history of immigration-related legislation in North Carolina, it is considered unlikely that he will sign Senate Bill 153 into law. As a Democrat, Governor Stein's stance aligns with his predecessor, Roy Cooper (also a Democrat), who consistently vetoed similar immigration enforcement bills passed by the Republican-controlled General Assembly. These past vetoes were often based on concerns regarding constitutionality, potential for divisiveness, and the risk of undermining trust between law enforcement and immigrant communities.

While Governor Stein has stated that individuals who commit violent crimes and are in the country illegally should be deported, his office has also emphasized a focus on comprehensive federal immigration reform and law enforcement retention, rather than expanded state-level enforcement that critics argue could lead to issues such as racial profiling and reduced public safety. Many of the arguments voiced by opponents of SB 153, including concerns about the erosion of trust and potential financial burdens on the state, align with reasons why previous Democratic governors have opposed similar measures.

The critical factor moving forward will be whether the Republican-controlled General Assembly has the votes required to override a potential veto. A three-fifths majority vote in both chambers is necessary to override a gubernatorial veto. While the Republican party holds a strong majority, the precise vote count for an override could depend on the specific bill and any bipartisan support or opposition that may emerge.

The ultimate outcome will depend on whether the General Assembly can secure the votes for an override.

WNCTimes

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