(The Center Square) – One of two immigration policy bills in North Carolina was vetoed Friday by first-term Democratic Gov. Josh Stein.
Each had been presented on June 10 and reached the 10th of 10 days for the governor to sign, veto or allow to become law without his signature. Stein was also sent eight bills, each of which is considered on Day 0 and has an action deadline of June 30.
Yet to reach the governor is a negotiated budget between the General Assembly chambers with majority Republicans. Respective leaders Phil Berger, R-Rockingham and president pro tempore in the Senate, and Destin Hall, R-Caldwell and speaker of the House of Representatives, have indicated there is work to be done ahead of the July 1 start of the fiscal year.
The Criminal Illegal Alien Enforcement Act, known also as House Bill 318, enhances cooperation with lawmen in the state and U.S. Immigration and Customs Enforcement. Local law enforcement could not release the suspect until 48 hours after ICE is notified.
Stein said the bill is unconstitutional. He said he supported the bill’s efforts to require sheriffs to cooperate with federal immigration authorities.
“I cannot sign this bill because it would require sheriffs to unconstitutionally detain people for up to 48 hours after they would otherwise be released,” Stein said in his veto message. “The 4th Circuit is clear that local law enforcement officers cannot keep people in custody solely based on a suspected immigration violation.”
Stein, at time of publication, had yet to decide on the second immigration policy bill on its final day deadline but another veto was expected.
The North Carolina Border Protection Act, also known as Senate Bill 153, would give protection to taxpayer dollars through eligibility assurances for state-funded public benefits such as housing tax credits, child care subsidies and caregiver support. The Office of State Budget and Management, if the bill becomes law, would determine if unauthorized immigrants are receiving such benefits.
The North Carolina Border Protection Act would instruct memorandums of agreement to be extended to the director of the U.S. Immigration and Customs Enforcement from the state’s law enforcement agencies – Department of Public Safety, Department of Adult Correction, State Highway Patrol, and the State Bureau of Investigation. Each would be lawfully ordered to determine immigration status of any person in custody.
Overturning a gubernatorial veto requires three-fifths majority in each chamber. Republican majorities are 30-20 in the Senate and 71-49 in the House. Rep. Carla Cunningham, D-Mecklenburg, was the lone member of her party in either chamber to support either bill, providing an aye on the Criminal Illegal Alien Enforcement Act.
The eight bills presented Friday include:
• Various GSC Recommendations (House Bill 40).
• Define Armed Forces/Religious Prop. Tax Excl. (House Bill 91).
• Underground Safety Revisions (House Bill 247).
• UNC Tuition Discounts for Certain Students (House Bill 373).
• Motor Vehicle Dealers (House Bill 421).
• Fostering Care in NC Act (House Bill 612).
• Pooled Trust Transfers/Public Benefits Elig. (Senate Bill 344).
• Adult Protection Multidisciplinary Teams (Senate Bill 400).
