Two U.S. Supreme Court rulings and a new North Carolina law are reshaping immigration enforcement in the state. The new law expands cooperation between local law enforcement and federal authorities in a way that could affect thousands of immigrants already living and working in North Carolina.
What changed
Republican lawmakers overrode Democratic Gov. Josh Stein’s veto to enact legislation expanding cooperation with federal immigration authorities. The law requires state public safety and correction agencies to participate in the federal 287(g) program, which compels trained state officers to perform certain immigration enforcement functions under supervision from the U.S. Immigration and Customs Enforcement. It also strengthens requirements for sheriffs to notify ICE before releasing certain individuals from jail and to hold them briefly for federal pickup.
Separately, the Supreme Court cleared the way for the Trump administration to move forward with ending Temporary Protected Status, or TPS, which helps people from countries facing war, natural disasters or other extreme conditions.
Why it matters
The North Carolina law changes the legal posture of state-level immigration cooperation from permissive to mandatory. The significance is not any single policy change, but the combined effect of shifting enforcement power and responsibility: moving away from “you can’t block federal enforcement” to “you now must do it.”
For practitioners, this means:
- Client risk in local custody: Any client arrested or booked in North Carolina must now assume ICE notification is likely. Sheriffs have new statutory obligations to hold individuals for federal pickup.
- 287(g) exposure: State corrections and public safety officers are now trained and required to identify immigration violations and refer to ICE.
- TPS beneficiaries: The SCOTUS ruling on TPS termination creates urgency for TPS holders to explore alternative status before designations end.
The combination of court rulings and expanded state cooperation could create uncertainty for immigrant families, particularly as enforcement tools become more decentralized.
Way forward
- Advise clients in North Carolina custody: If a client is detained locally, assume ICE will be notified under the new law. Plan accordingly for removal proceedings.
- TPS portfolio review: If you represent TPS beneficiaries, schedule a status review immediately to explore adjustment eligibility, asylum claims, or other relief before designations terminate.
- Conviction risk counseling: Advise clients of the heightened 287(g) presence in state facilities. Any conviction or guilty plea now carries added immigration risk.
- Local court coordination: Confirm the 287(g) participation status and practices of the specific sheriff’s office and state agencies involved in your client’s case.
Disclaimer
This article explains policy changes based on reporting and does not constitute legal advice. Immigration law is complex, and the application of these rules to individual cases depends on specific facts. Always consult a licensed immigration attorney to assess your situation. Policy changes can occur without notice—verify all information against the primary source linked above and current official guidance from USCIS, ICE, and relevant state agencies.