Make Enf. Liable and Transparent (MELT) Act.
NC MELT Act requires judicial warrants for immigration actions, protects safe spaces, funds legal services, and shields communities from voluntary federal enforcement in NC.
NC MELT Act requires judicial warrants for immigration actions, protects safe spaces, funds legal services, and shields communities from voluntary federal enforcement in NC.
SB 982 MELT Act — North Carolina, 2025 Session
Summary for readers
Purpose and overarching goal
- The bill, titled Make Enf. Liable and Transparent (MELT) Act, seeks to reform immigration enforcement practices in North Carolina by:
- Repealing a prior 2025 law that expanded local jail cooperation with federal immigration authorities.
- Replacing federal immigration actions taken without a judicial warrant with a system that requires judicial warrants for enforcement actions within the state.
- Increasing transparency and accountability of law enforcement and federal partners in immigration matters.
- Protecting spaces and activities from immigration enforcement involvement (safe spaces in courts, religious places, schools, hospitals, etc.).
- Expanding state funding for community-based immigrant legal services.
- Adding workplace protections related to Fourth Amendment rights.
Key provisions and changes
Part I — Support Immigrant Legal Defense
- Repeal of Session Law 2025-85, which previously expanded local jail cooperation with federal immigration enforcement.
- Judicial warrant requirement for federal immigration enforcement actions in NC:
- New § 15A-407 requires a valid judicial warrant based on probable cause for any immigration action within NC.
- Administrative warrants, detainers, or notices from DHS, CBP, or ICE do not suffice for detention, arrest, search, access to records, or other actions.
- State/local agencies cannot detain solely on the basis of a CBP/ICE administrative warrant or detainer; cannot transfer custody to federal authorities without a judicial warrant; cannot access nonpublic detention facility areas without a judicial warrant.
- Right to decline cooperation with federal authorities in absence of a judicial warrant.
- Remedies include declaratory or injunctive relief; evidence obtained in violation is inadmissible.
- Limitation on state/local roles in immigration detention:
- Counties and local facilities cannot hold someone solely on the basis of a federal detainer beyond the release time under state law.
- Local law enforcement may communicate immigration status but are not required to do so; compliance with valid criminal warrants remains allowed.
Part II — No Secret Police (facial coverings, IDs, body-worn cameras)
- Prohibition on facial coverings by law enforcement during duties, with listed exceptions (undercover operations, tactical safety, protecting identity during prosecution, occupational health/safety, reasonable accommodations).
- Mandatory agency identification on uniforms; officers must identify themselves by name or badge number on request.
- Federal officers operating in NC must wear body-worn cameras; footage retained; civil liability for violations to the extent allowed by federal law.
- Effective date for these provisions: July 1, 2026.
Part III — Protect Safe Spaces
- Prohibition on agreements with the U.S. Attorney General to perform immigration officer functions (no 287(g) agreements).
- Prohibition on law enforcement participation in immigration enforcement activities in designated sensitive locations:
- Places holding court proceedings
- Places of worship
- Elementary/secondary schools and within 1,000 feet
- Hospitals and within 1,000 feet
- Public libraries
- Any existing agreements with federal immigration authorities that would violate these protections are void to the extent of the violation.
- Prohibition on assisting federal authorities in immigration enforcement at these locations; civil liability for violations.
- Effective date: July 1, 2026.
Part IV — No Disappeared North Carolinians
- Requires weekly DHS lists of detainees and deportees detained within or deported from NC, including charges.
- Immediate notice to Governor and school when a juvenile under 18 is detained or deported.
- Effective date: July 1, 2026, applying to detentions/deportations on or after that date.
Part V — Protect Our People (Workplace Fourth Amendment Protections)
- Creates a new provision prohibiting retaliation against workplaces designated as Fourth Amendment workplaces (protections against searches/seizures) and prohibitions on retaliation by government or private entities.
- Effective date: July 1, 2026.
Part VI — General/Effective Date
- The act generally becomes law when enacted, with the specific sections highlighted above taking effect on their stated dates.
Funding and reporting
- A $4 million (nonrecurring) General Fund appropriation for 2026-2027 to fund community-based immigrant legal services through four organizations:
- Carolina Migrant Network, Inc.
- Charlotte Center for Legal Advocacy, Inc.
- Legal Aid of North Carolina, Inc. (Immigration Pathways for Victims)
- North Carolina Justice Center (Immigrant & Refugee Rights)
- Grants may cover direct representation, asylum filings, Know Your Rights training, outreach, case management, staffing, and status-stabilization assistance (including SIJS, U-visas, VAWA, TPS, deferred action, etc.).
- Annual reporting requirements from grant recipients on clients served, case types, outcomes (where permitted), geographic distribution, and fund use.
- Effective through 2026-27 and beyond until expended; reporting to the Department of Administration and Joint Legislative Oversight Committee on Justice and Public Safety.
Who/what is affected
- State and local law enforcement agencies, officers, and facilities (jails; detention facilities).
- Federal immigration enforcement partners (CBP/ICE) operating in NC.
- Courts, religious institutions, schools, hospitals, and libraries within NC (protections against enforcement actions in these locations).
- Immigrant residents of NC relying on legal defense services.
- Juveniles detained or deported in NC (notification requirements).
- Law enforcement equipment and practices (uniform identification, body-worn cameras for federal officers in NC).
- Employers and workplaces designated as Fourth Amendment workplaces (anti-retaliation protections).
Timeline and effectiveness
- Most provisions set to take effect July 1, 2026, including the safe-spaces protections, facial-covering restrictions, body-worn camera requirements for federal officers, and the Fourth Amendment workplace protections.
- The judicial warrant requirement clarifies standards for enforcement actions within NC and supersedes administrative warrants/detainers.
- Funding for immigrant legal services is available for the 2026-2027 fiscal year with ongoing reporting obligations.
Notes
- The bill explicitly aims to repeal a prior policy (S.L. 2025-85) and to increase protections for due process, civil liberties, and community trust.
- It imposes civil remedies and potential liability for violations, and it introduces several new requirements on both state/local agencies and federal partners operating in North Carolina.
Compiled from official sources — confirm details with the bill’s official record.
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