Bill
HB 78
Prohibits state and local law enforcement from assisting ICE in arrests or deportation warrants at churches, schools, and hospitals.
Status and Sponsor
- Bill: HB 78
- Short title: Prohibit LEO w/ICE Churches/Schools/Hospitals
- Primary sponsor: Rep. Price
- Introduced: Feb 10–11, 2025 (first reading Feb 11, 2025)
- Committee referral: Rules, Calendar, and Operations of the House (per legislative record)
- Current status: Passed first reading; referred to committee (see legislative history for updates)
Purpose / Intent
- To limit cooperation by state and local law‑enforcement entities with U.S. Immigration and Customs Enforcement (ICE) in sensitive locations, specifically places of religious worship, elementary and secondary schools, and hospitals, in order to protect access to those institutions and reduce fear of immigration enforcement in those settings.
Key Provisions
- New statutory section (proposed G.S. 17F‑16) that does the following:
- Prohibits any criminal justice agency (as defined in G.S. 17C‑2) or sheriff’s office from assisting ICE in:
- Apprehension or arrest of persons for suspected or alleged immigration violations; or
- Service of warrants for removal (deportation) in the listed locations.
- Defines covered locations:
- Places of religious worship (churches, synagogues, mosques, longhouses, etc.)
- Public and nonpublic elementary and secondary schools
- Hospitals (per G.S. 131E‑76(3))
- Declares any existing or future memoranda of understanding, agreements, or contracts between criminal justice agencies/sheriffs and ICE void to the extent performance would violate the statute.
- Explicitly bars individual criminal justice officers or justice officers from assisting ICE in the same manner; a willful violation can be used as grounds to suspend, revoke, or deny the officer’s certification under Chapters 17C or 17E.
- Clarifies it does not prohibit enforcement of state law to the extent authorized by law.
- Requires the Criminal Justice Education and Training Standards Commission and the Sheriffs’ Education and Training Standards Commission to promulgate rules consistent with the new statute.
Who Would Be Affected
- Directly affected:
- State and local criminal justice agencies, sheriff’s offices, and individual criminal/justice officers in the state.
- Existing MOUs or agreements with ICE involving those entities.
- Indirectly affected:
- ICE operations and federal‑state cooperation in immigration matters.
- Immigrant communities, patients, students, religious congregants, hospitals, and school districts (may see reduced on‑site immigration interactions).
- Training, policy, and certification processes administered by the two standards commissions.
Procedural / Timing Notes
- The bill takes effect upon becoming law and applies to assistance provided on or after that date (per the draft language). Legislative history should be checked for amendments, committee reports, and final enactment dates.
Potential Practical and Legal Impacts (issues to monitor)
- Administrative impacts: agencies will need policy revisions, training updates, and possible renegotiation or termination of ICE agreements.
- Enforcement consequences: certification actions for officers who willfully violate the prohibition.
- Legal considerations: possible tensions with federal immigration enforcement priorities and federal‑state cooperation; potential litigation over preemption or scope of state authority to limit assistance to a federal agency.
For further detail, consult the bill text (proposed G.S. 17F‑16), committee reports, and subsequent legislative actions in the state’s legislative record.
Compiled from official sources — confirm details with the bill’s official record.
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