This North Carolina bill requires all private employers with 25 or more employees to use the federal E-Verify system to check the work authorization of every new hire. It mandates that state and local government agencies also comply with these verification rules and allows employers to avoid penalties if they can prove they acted in good faith and did not knowingly accept fraudulent documents. The legislation establishes a 30-day grace period for employers to fix minor compliance errors and increases fines for repeat offenders while protecting workers who report suspected violations from retaliation. Additionally, it grants the state labor commissioner the authority to conduct random or risk-based audits of employers and provides funding to support enforcement efforts.
HB 86, titled "Citizens' Expungement Clarification of 2025," prohibits non-citizens and non-legal residents of the U.S. from clearing criminal convictions or charges from their records through expungement in North Carolina. The bill requires courts to verify a petitioner’s U.S. residency or citizenship status at least 30 days before granting expungement, including potential queries to U.S. Immigration and Customs Enforcement (ICE). It exempts individuals who lawfully entered the U.S. and have filed or are awaiting an immigrant petition with U.S. immigration authorities. The law takes effect October 1, 2025, applying to all expungement petitions filed after that date.
HB 261 establishes new sentence enhancements for individuals convicted of certain crimes. It increases the severity of a felony sentence (excluding Class A) if the person was unlawfully in the United States and had prior immigration issues, raising the felony by one or two classes. The bill also enhances sentences for felonies (excluding Class A) and misdemeanors committed while conspiring with others to benefit or promote criminal activity. For these offenses, the sentence is increased by one class, or a Class A1 misdemeanor becomes a Class I felony. These enhancements apply if the specific conditions are proven beyond a reasonable doubt during trial.
HB 690, "The Citizens Support Act," directs several state and local agencies to ensure that state-funded benefits are provided only to U.S. citizens and noncitizens legally authorized to reside in the United States. The Department of Health and Human Services, Department of Commerce, Housing Finance Agency, and local housing authorities must develop plans to review eligibility criteria and verify the immigration status of applicants for various benefits, including housing, welfare, and medical assistance. State-funded institutions of higher education are required to adopt policies to verify applicants' legal residency for tuition and educational benefits. Additionally, the Division of Employment Security must implement a policy to verify legal residency for unemployment benefit applicants. These agencies are also mandated to report on their implementation progress and any federal laws that prevent them from denying benefits.
HB 318 requires North Carolina county jails and detention facilities to check the immigration status of individuals charged with specific offenses (including certain felonies, misdemeanors, and impaired driving) and to notify U.S. Immigration and Customs Enforcement (ICE) if a detainer is issued. If ICE issues a detainer, facilities must hold the person for up to 48 hours (or until ICE takes custody) and notify ICE 2 hours before the person would otherwise be released. For pretrial defendants facing similar charges, the bill mandates a two-hour hold to allow ICE to issue a detainer; if none is received, the defendant must be released. The law also shields state officials from liability when following these procedures.
SB 153, the North Carolina Border Protection Act, requires state law enforcement and correctional facilities to cooperate with federal immigration authorities. It mandates that state employees determine the immigration status of people in custody, report non-citizens to ICE, and enter into 287(g) agreements with Immigration and Customs Enforcement (ICE) to allow designated officers to enforce immigration laws under ICE supervision. The bill also prohibits UNC constituent institutions from adopting sanctuary policies. These provisions directly affect state departments of Public Safety and Adult Correction, as well as UNC universities. The bill does not change existing federal immigration law but requires state agencies to align their practices with federal enforcement priorities.
