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HB 1152

Protection of Constitutional Rights.

2025-2026 Session Introduced by Mary Belk and 12 co-sponsors

The bill creates a new civil liability for injuries and rights violations during civil immigration enforcement, removing many immunities and allowing damages, injunctions, and atto

Passed 1st Reading
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WeVote Research Nonpartisan
Bill Summary · HB 1152

Summary of HB 1152 (Session 2025, North Carolina) – Protection of Constitutional Rights

Purpose and Intent

  • HB 1152 is titled “Protection of Constitutional Rights.”
  • Principal aim: explicitly protect individuals injured during civil immigration enforcement by another person, including actions taken under color of law.
  • The bill seeks to allow civil actions against responsible individuals and to limit immunities that might shield such defendants.

Key Provisions

1) Expanded Civil Liability for Interference with Constitutional Rights

  • Rewrites G.S. 99D-1 to create a specific cause of action for injuries sustained during civil immigration enforcement.
  • If a person is injured by another person (whether or not that other person is acting under color of law) and that injury involves violation of U.S. or North Carolina Constitutional rights while participating in civil immigration enforcement, the injured party may sue the other person.
  • Subsection (a1) clarifies that the right-violating conduct includes violations of rights described in subdivision (a)(1) or (a1) of this section.

2) Remedies and Court Powers

  • Victims may pursue remedies outlined in subsection (b):
    • Courts may restrain and enjoin future acts.
    • Courts may award compensatory damages and punitive damages.
    • Courts may award court costs and attorneys’ fees to the prevailing party.
    • Prevailing defendants may be awarded attorneys’ fees only if the case is frivolous, unreasonable, or without foundation.

3) Immunity Considerations

  • To the maximum extent permissible under the U.S. Constitution, various immunities (including sovereign, official, intergovernmental, qualified, Supremacy Clause, statutory, and common-law immunities) do not apply in actions brought under this subsection. This removes many standard immunities that could otherwise shield defendants.

4) Public Education Funding

  • Section 3 appropriates $50,000 in nonrecurring funds (2026–2027 fiscal year) from the General Fund to design and prepare a downloadable pamphlet titled “Know Your Rights.”
  • Contents: a plain-language summary of the rights of immigrants and citizens who encounter immigration enforcement officers.
  • Distribution: pamphlet to be downloadable on state agency/department websites that coordinate with or work with U.S. ICE or U.S. CBP.

5) Severability and Effective Date

  • Section 2 establishes severability: if any provision is invalid, the remainder can still operate.
  • Section 4 states the act becomes law when enacted.

Who Is Affected

  • Individuals injured during civil immigration enforcement and those who are targets of immigration enforcement actions.
  • Potential defendants in such civil actions, including individuals acting in civil immigration enforcement.
  • State agencies, departments, and institutions that coordinate with or work with ICE/CBP (due to the pamphlet distribution requirement).
  • General public, particularly immigrants and citizens who may encounter immigration enforcement, who benefit from the rights-awareness materials.

Procedural and Timeline Aspects

  • Fiscal note: $50,000 in nonrecurring funds for pamphlet design and distribution for 2026–2027.
  • Effective date: The act becomes law upon enactment (no separate delayed effective date indicated).
  • The act includes typical severability language to preserve remaining provisions if any part is struck down.

Observations

  • The bill creates a new civil rights liability framework specifically tied to actions during civil immigration enforcement and removes many traditional immunities for defendants.
  • It adds a public-information component via the “Know Your Rights” pamphlet to educate individuals who may encounter immigration enforcement.
  • The measure focuses on both substantive civil remedies (damages, injunctions) and procedural aspects (fees, scope of relief) for rights violations occurring in the context of immigration enforcement.

Compiled from official sources — confirm details with the bill’s official record.

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