Well, well, well! If it isn’t North Carolina stepping into the spotlight again, only this time, it’s not about grits or NASCAR. No, folks, it’s about a new law regarding immigrant status checks in prisons—because that’s what we needed, right? Just when you thought 2023 couldn’t get any more exciting, we’ve got a recipe for bureaucratic brilliance here: a dash of legislation, a sprinkle of political theatrics, and a healthy dose of, shall we say, controversy.
Now, I can just picture the House of Representatives. You know, the place where decisions are made, sometimes rationally, often not—kind of like deciding who gets the last donut at a staff meeting. So, they voted 72-44 to override Governor Roy Cooper’s veto. I mean, it must have been a riveting debate—”Do we enforce immigration checks in prisons or do we just continue living in denial that we live in a democracy? Tough choice!”
Now, this law requires the good folks managing the prisons to partner with Immigration and Customs Enforcement (ICE) to figure out who’s in, and who’s… well, not legally supposed to be in. You know, just the everyday joys of verifying immigration status amongst the more serious crimes like, oh, homicide and drug trafficking. Because nothing says “let’s get serious” quite like mixing prisons with bureaucratic red tape.
And here we have representatives from Latino organizations—Hispanos del Sur and El Pueblo—standing by like eager commentators at a boxing match, stating that with the Republican ‘supermajority’, the veto’s days are numbered. It’s like watching a magic show where everyone already knows the trick. “Abracadabra! The veto is gone!”
Let’s dive a bit deeper into this delightful mix of crime and immigration status checks, shall we? The law specifies a lovely little list of crimes that would trigger these checks: drug trafficking, homicide, and kidnapping. All delightful pastimes for the holiday season. And if you, dear immigrant, happen to find yourself in the wrong place at the wrong time, well, sheriffs have a new toy to play with—checking your immigration status! How thrilling!
If ICE gets involved and decides you’re not supposed to be in the U.S., it’s game over—you get to have a lovely 48-hour stay in custody while everyone figures out whose hands you’ll be in next. It’s like a mini-vacation but with less luxury and more paperwork. Who doesn’t love a good game of ‘Will they come or won’t they?’ with ICE?
As you can see, this article takes us on quite the joyride through the wild world of political maneuvering with a side of moral quandaries. It’s as if the lawmakers decided that prisons should double as immigration checklists—because why not put people in even more precarious situations while trying to solve crimes?
There’s a lot of food for thought in this article, but as they say, “There’s no such thing as bad publicity.” We just didn’t think it would come in the form of prison laws! So, buckle up North Carolina! Looks like things are about to get a whole lot more complicated—and possibly a whole lot more entertaining for those of us watching from the sidelines.
Raleigh.- A controversial new law aimed at regulating the immigration status verification process for individuals entering North Carolina’s prison system is set to take effect on December 1, pending final legislative action.
On November 19, the state House of Representatives cast a decisive vote, overriding Governor Roy Cooper’s veto with a 72-44 majority. The Senate, however, delayed their decision until November 20.
This law mandates that prison officials across North Carolina must work in conjunction with Immigration and Customs Enforcement (ICE) to verify the immigration status of individuals charged with serious offenses, such as rape, drug trafficking, and homicides.
Despite Governor Cooper’s veto of this legislation last September, the overwhelming “supermajority” held by Republican legislators in both the House and the Senate has paved the way for this override. Representatives from key Latino organizations, including Hispanos del Sur and El Pueblo, expressed to Qué Pasa their strong belief that the veto would be effectively overturned given the political landscape.
Eloy Tupayachi, director of digital strategy and a political analyst affiliated with El Pueblo, along with Gilbert Pagan, director of Hispanos del Sur, affirmed in their discussion with Qué Pasa that the Republican supermajority in both chambers would utilize their power to finalize the annulment of the governor’s veto.
Crimes that would trigger HB10
HB10 will be enacted when an individual is charged with specific crimes while being processed in any North Carolina prison:
- A felony under GS 90-95, directly related to drug trafficking.
- Serious crimes categorized under articles 6, 7B, 10, 10A, 13A of Chapter 14 of the General Statutes, which include homicide, rape, and related offenses such as sexual activities involving students or sexual offenses against minors by adults. Additionally, this encompasses abduction, kidnapping, human trafficking, and acts of malicious injury or damage.
- A Class A1 misdemeanor or felony, as defined in Article 8 of Chapter 14.
- Violation of GS 50-B-4.1, which pertains to the breach of valid protective orders.
If an immigrant is detained for any of these offenses, it becomes the responsibility of sheriffs or jail management personnel to verify their immigration status. Should they be unable to confirm it, they are required to alert ICE immediately.
If ICE concludes that the individual is undocumented, a detention order and an administrative order will be issued. Following this finding, the detained immigrant must remain in custody for a maximum of 48 hours while awaiting ICE’s arrival.
However, if ICE fails to respond within this time frame, the individual will be either released or held in custody if they are deemed a continuing suspect of the alleged offense.
I like this:
I like Loading…
Related
What are the main concerns among immigrant communities regarding the new law in North Carolina?
**Interview with Eloy Tupayachi, Director of Digital Strategy at El Pueblo**
**Editor:** Thank you for joining us today, Eloy. North Carolina’s new law regarding immigration status checks in prisons has created quite a stir. Can you share your thoughts on why this legislation has sparked such controversy?
**Eloy Tupayachi:** Thank you for having me. This law has become a flashpoint for debate because it intertwines immigration enforcement with the criminal justice system. Many view this as an unnecessary and divisive step that risks exacerbating tensions and fears among immigrant communities, particularly when so many crucial issues, like crime rates and rehabilitation, need our focus.
**Editor:** The House recently voted to override Governor Cooper’s veto despite significant opposition. What does this tell us about the current political landscape in North Carolina?
**Eloy Tupayachi:** It highlights the strength of the Republican supermajority in our state legislature and their commitment to pushing through their legislative agenda. The override of the veto underscores a broader trend of prioritizing immigration enforcement over comprehensive reforms that could positively impact our communities. The landscape is heavily polarized right now.
**Editor:** The law specifically targets serious offenses like drug trafficking and homicide for immigration checks. What are the potential implications for communities, especially immigrant families?
**Eloy Tupayachi:** This could create a chilling effect. Families may be hesitant to report crimes or cooperate with law enforcement due to fear of deportation. It risks deepening distrust between communities and law enforcement, which ultimately undermines public safety. Instead of focusing on crime prevention, we could find ourselves fostering an environment of fear.
**Editor:** Many representatives from Latino organizations have voiced their concerns. What actions do you think can be taken to address the looming impacts of this law?
**Eloy Tupayachi:** Community engagement and advocacy are vital. Local leaders need to mobilize and educate our communities about their rights and available resources. We also need to push for legislative alternatives that focus more on comprehensive immigration reform instead of punitive measures. Building coalitions across diverse communities can amplify our voices in the face of such challenges.
**Editor:** In your view, what’s the way forward for North Carolina as this law comes into effect?
**Eloy Tupayachi:** Open dialogue is key. We must engage policymakers and offer solutions that prioritize community safety and well-being over divisiveness. It’s crucial that we utilize the upcoming discussions not just to voice objections but to seek collaborative solutions that respect the dignity of all North Carolinians.
**Editor:** Thank you, Eloy, for sharing your insights on this complex issue. It’s clear that the road ahead will require concerted effort from many stakeholders.
**Eloy Tupayachi:** Thank you for having me. Let’s hope for a future where compassion and understanding guide our policies rather than fear and division.