NEW HANOVER COUNTY — Another immigration reform bill has moved to the state Senate and would require county sheriff’s offices to work more closely with ICE, drawing criticism from experts and advocacy groups. The move comes as immigration protests were held nationwide, including in Wilmington last weekend.
READ MORE: Pender commissioners vote against ICE resolution after sheriff expresses concerns
House Bill 318, or the Criminal Illegal Alien Enforcement Bill, passed the House on April 29 in a 70 to 45 vote down party lines and is currently in the Senate Committee on Rules and Operations. The mandate increases collaboration between ICE and local law enforcement by expanding offenses triggering legal status checks, mandating judicial inquiries and detention for ICE, and requiring pre-release notification.
The bill is sponsored by House Speaker Destin Hall and comes as the Trump administration’s Department of Homeland Security has made more than 150,000 arrests and over 140,000 deportations in 2025. Speakers at a Saturday protest in Innes Park in Wilmington expressed concern about federal directives leading to more deportations and pushing state and local law enforcement to take a larger role in identifying and detaining people for immigration offenses.
“‘But you’re a citizen,’ yes, but I am also a daughter of immigrants,” high school student Itzelle Heinberg said at the protest, relaying the story of a friend’s struggles as the child of immigrants. “Someone who is living the ‘American dream’ first hand, but tell me – how do you belong to a country that loves to use you, but hates to have you?”
The event was organized by Indivisible Action Southeast North Carolina and Indivisible Wilmington, who has also been holding protests almost every week on various topics. They’ve held events asking Congressman David Rouzer to host a town hall and another in early April for a “Hands Off” protest against the Trump administration’s executive orders.
Over 600 protesters marched down N. 3rd Street from Innes Park to an open lot at the corner of Harnett Street and N. 3rd Street on May 3. The march culminated with presentations from over 15 speakers including event organizers and citizens concerned about Trump Administration policies such as mass deportations, eliminating DEI from government agencies, and federal job cuts.
“We the people are not afraid, we are angry and we want justice,” New Hanover resident and immigrant River Hudson said to the crowd. “My dream is fighting for those who are being oppressed, for the innocent men who are being sent to El Salvador’s mega prison.”
Protesters’ signs addressed an assortment of issues, with some reading: “Stop pretending your racism is patriotism,” “Stop kidnapping our neighbors,” and “Keep the immigrants, deport the racists.”
Since 2024, ICE has made 7,754 administrative arrests in its Atlanta region, encompassing North Carolina, South Carolina, and Georgia. ICE did not respond to a request from Port City Daily for administrative arrest figures specific to New Hanover County.
“The sweeping policy changes being carried out by the current administration are having a devastating effect on the community,” Vanessa Gonzalez, a Wilmington based immigration attorney, said.
Gonzalez said immigrants in the Wilmington community face a greater fear of deportation when going about their daily lives.
H.B. 318 would broaden the current list of criminal offenses that require local authorities to check a detained individual’s immigration status. Previously, only certain felonies — such as for murder, kidnapping, assault, and robbery with a deadly weapon — triggered the checks. H.B. 318 extends it to include all felonies and class A-1 misdemeanors — the highest level of misdemeanors, which includes stalking, sexual battery and child abuse.
The bill also requires judicial officials to actively attempt to determine the citizenship or residency status of defendants charged with triggering offenses. This is a new mandate that places a direct responsibility on the judicial system to engage in immigration status inquiries.
If the judicial official is unable to determine citizenship/residency status of a defendant, the bill requires the defendant to be detained for up to two hours for ICE to issue a detainer and administrative warrant.
The North Carolina Sheriff’s Association released a statement on May 2 in response to the proposed legislation. Written by Executive Vice President Eddie Caldwell, the statement indicated the North Carolina Sheriff’s Association worked with legislators to draft the bill. While unable to name specific provisions the association helped craft, Caldwell told Port City Daily communication with legislators is a regular process when a bill impacts law enforcement.
Gonzalez argued the bill will detract from local law enforcement’s main goal of addressing criminal activity within their jurisdiction.
“Tasking them with doing ICE’s federal enforcement work for them not only subjects these agencies to unnecessary additional liability if they wrongfully detain someone past their authority to do so, it provides them with additional responsibilities that take away from their already overtasked agencies resources to work on the cases they are meant to,” Gonzalez said.
Caldwell countered that nobody who helped draft the bill raised potential operational problems. The Sheriff’s Association met with its executive committee composed of 12 state sheriffs to go over the fine print of H.B. 318.
“Everything law enforcement does everyday creates liability, whether it’s a traffic stop, whether it’s having someone in the jail, whether it’s serving a warrant,” Caldwell contended. “The only way to remove liability from law enforcement is to remove law enforcement.”
Caldwell added there will be opportunities to train and educate law enforcement officers on changes to the law through multiple classes and legislative reports. He stated the Sheriff’s Association has directed sheriff’s offices in North Carolina to work within current laws, but will enforce H.B. 318 if it passes.
Sammy Salkin, policy analyst at the ACLU of North Carolina, argued against the bill in a statement to Port City Daily. She argued the legislation would burden already limited law enforcement resources, increase racial profiling against Black and brown communities, and further erode the trust between immigrants and the vital protective services they should be able to depend on.
“Immigrants in North Carolina should not have to live in fear of being detained, deported, or separated from their families,” Salkin stated. “This bill isn’t about protecting our communities — it’s about furthering an anti-immigrant agenda, no matter the costs.”
When asked why H.B. 318 is coming now, Caldwell deferred to state legislators. Port City Daily reached out to New Hanover Sen. Michael Lee for comment but a response was not received by press.
If the bill passes the Senate, sheriff’s offices across the state will be required to adhere to new, more expansive mandates for cooperating with federal immigration authorities, such as mandatory immigration status checks for a broader range of offenses and adherence to ICE detainers. HB 318 will operate alongside the existing 287(g) federal program that already deputizes some local law enforcement for immigration enforcement.
287(g) agreements are part of a federal program allowing state and local law enforcement agencies to perform certain functions of federal immigration agents. The 287(g) program was created as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
According to ICE, the goal of the 287(g) program is to enhance immigration enforcement by enabling state and local law enforcement agencies to assist in identifying and processing individuals who may be in violation of federal immigration law. There are currently 19 total 287(g) agreements in North Carolina with two agreements pending; Brunswick County has maintained 287(g) status since 2020.
Port City Daily reached out to Brunswick Sheriff’s Office for comment on their 287(g) status; a response was not received by press.
Even without a formal 287(g) agreement, sheriffs’ offices often cooperate with ICE through other means such as information sharing during the booking process, voluntarily honoring ICE detainers to hold individuals suspected of immigration violations after local proceedings, and sometimes through informal communication or participation in joint task forces.
New Hanover County Sheriff’s Office currently does not have 287(g) status with ICE, but Lt. Jerry Brewer told PCD the New Hanover Sheriff’s Office has collaborated with ICE for years, adding they haven’t had many dealings with them as of late.
“Pretty much nothing has changed with us,’ Brewer stated. “We’ve always worked with them, the sheriff said we’ll continue to work with them. We’re not involved with any type of like going out and arresting anyone.”
Things will change if the bill gets passed, as the sheriff’s office would then be legally obligated to adhere to the new, more expansive mandates for cooperating with ICE, regardless of their lack of a 287(g) agreement.
Brewer stated most of New Hanover’s interactions with ICE are with detention when detainers are placed on arrested individuals. ICE detainers are a mechanism that allows ICE to take custody of individuals held by local law enforcement, based on suspected immigration violations.
Brewer was not aware of HB 318 and could not comment on the legislation, adding sheriff’s deputies “follow the laws.”
During a meeting in February, Pender County commissioners considered a resolution to apply for 287(g) status with ICE. The vote was initially 3-1 in favor of applying for 287(g) status until Pender County Sheriff Alan Cutler argued against the motion. According to previous PCD reporting, Cutler indicated the Pender Sheriff’s Office already collaborates with ICE and any agreement could result in a financial burden for the county.
A 2019 analysis by the North Carolina Justice Center indicated local governments in North Carolina spent $81.7 million on 287(g) programs between 2009 and 2019.
In February, New Hanover County Schools released a statement addressing Homeland Security and ICE involvement in county schools. Interim Superintendent Christopher Barnes stated he had been in contact with a Homeland Security agent who assured him schools and school events would not be affected by immigration enforcement.
Since the statement, New Hanover Schools communications director Anita Baggie said there have been zero calls from either agency, and there have been zero instances of these agencies visiting any county schools.
