Agenda - 12-07-2015 - 6-a - Minutes

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2 1 Susanna Birdsong said she is here as Policy Counsel for the American Civil 2 Liberties Union (ACLU) of North Carolina, and she is here to talk about House Bill (HB) 3 318. She said this law is making our State unfriendly. She reviewed the following: 4 5 Analysis of HB 318--"Sanctuary Cities" Provisions 6 North Carolina Justice Center 7 October 30, 2015 8 SUMMARY OF ANALYSIS 9 Our review of"sanctuary cities" provisions contained in House Bill 318 leads to the following 10 conclusions, as detailed further in the analysis that follows: 11 ❑HB 318 applies to municipal police departments, but not sheriffs. 12 ❑HB 318 does not require a city to affirmatively adopt any policy involving its agents in the 13 enforcement of federal immigration laws. 14 ❑HB 318 does not expand or change the limited authority of local law enforcement to enforce 15 federal immigration laws. 16 ❑HB 318 does not allow a warrantless arrest of an individual based only on a suspicion or 17 confirmation that the individual is in the United States without federal authorization. 18 ❑HB 318 does not allow detaining an individual for any period of time based on mere 19 suspicion or confirmation that the individual is in the United States without federal 20 authorization. 21 ❑HB 318 does not allow detaining or extending the detention of an individual solely to verify 22 the individual's immigration status. 23 ❑HB 318 does not allow the prolonging of an otherwise lawful stop for purposes of conducting 24 an immigration inquiry. 25 ❑HB 318 does not require law enforcement to gather information about citizenship status or 26 immigration status. 27 ❑HB 318 does not allow law enforcement to engage in racial profiling. 28 I. INTRODUCTION 29 The other part of the law references the sanctuary law and she said the law does not 30 apply to any laws adopted by sheriffs and their employees. House Bill 318 purports to 31 prohibit adoption of sanctuary city ordinances. The pertinent part of the legislation reads 32 as follows: 33 SECTION 15.(a) Article 6 of Chapter 153A of the General Statutes is amended by adding a new 34 section to read: 35 "§ 153A-145.5. Adoption of sanctuary ordinance prohibited. 36 (a) No county may have in effect any policy, ordinance, or procedure that limits or restricts the 37 enforcement of federal immigration laws to less than the full extent permitted by federal law. 38 (b) No county shall do any of the following related to information regarding the citizenship or 39 immigration status, lawful or unlawful, of any individual: 40 (1) Prohibit law enforcement officials or agencies from gathering such information. 41 (2) Direct law enforcement officials or agencies not to gather such information. 42 (3) Prohibit the communication of such information to federal law enforcement agencies." 43 SECTION 15.(b) Article 8 of Chapter 160A of the General Statutes is amended by adding a 44 new section to read: 45 "§ 160A-499.4. Adoption of sanctuary ordinances prohibited. 46 (a) No city may have in effect any policy, ordinance, or procedure that limits or restricts the 47 enforcement of federal immigration laws to less than the full extent permitted by federal law. 48 (b) No city shall do any of the following related to information regarding the citizenship or 49 immigration status, lawful or unlawful, of any individual: 50 (1) Prohibit law enforcement officials or agencies from gathering such information.