AN ACT to require certain conditions before local law ENFORCEMENT enter into a federal law enforcement agreement and require a judicial warrant for federal IMMIGRATION enforcement actions.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 20 of Chapter 15A of the General Statutes is amended by adding the following new sections to read:

§ 15A‑407.  Immigration enforcement agreements with federal law enforcement agencies.

(a)        Definitions. – For the purposes of this section, the following definitions apply:

(1)        Federal immigration enforcement agreement. – An agreement with a federal agency authorizing a State or local law‑enforcement officer or employee to perform a function of a federal immigration officer or an intergovernmental service agreement authorizing the civil immigration detention of a person in a local, regional, or State correctional facility.

(2)        Law enforcement agency. – Any State or local agency that employs law‑enforcement officers whose principal function is the enforcement of North Carolina laws, including any sheriff's office, police department, correctional facility, or State law enforcement department.

(3)        Violent felony. – Includes all of the following offenses:

a.         All Class A through E felonies.

b.         Any repealed or superseded offense substantially equivalent to the offenses listed in sub‑subdivision a. of this subdivision.

c.         Any offense committed in another jurisdiction substantially similar to the offenses set forth in sub‑subdivision a. or b. of this subdivision.

(b)        No law enforcement agency shall maintain, renew, or enter into any federal immigration enforcement agreement unless the agreement requires U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) and its agents to adhere to all of the following:

(1)        Provide the names and ranks of all federal agents to the local law enforcement agency at least seven days prior to any immigration enforcement activity.

(2)        Comply with all applicable State laws.

(3)        Be clearly identified as ICE or CBP agents, with no uniform, vehicle, or equipment displaying the word police.

(4)        Refrain from conducting immigration enforcement on the property of any school, faith‑based organization, or courthouse.

(5)        Consent to the jurisdiction of State courts for civil or criminal proceedings arising from any violation of the provisions of this section or for the violation of the laws of the State while acting in the performance of their official duties pursuant to such federal immigration enforcement agreement.

(6)        Refrain from making general demands for information not related to a specific person and refrain from requesting immigration or citizenship status without a valid judicial warrant or subpoena.

(7)        Refrain from conducting immigration enforcement within 500 yards of any polling place during voting hours, including one hour before and after polls open and close.

(8)        Refrain from using surveillance technology to conduct immigration enforcement or monitor residents, including facial recognition, fingerprint scanning, license plate readers, cell‑site simulators, digital hacking tools, and drones, unless targeting an unlawfully present individual convicted of a specific violent felony.

(9)        Refrain from entering a home without a valid judicial warrant.

(10)      Agree that any on‑duty shooting involving a federal agent shall be investigated by the Office of the Attorney General and be subject to prosecution by this State.

(c)        Nothing in this section prohibits compliance with valid criminal warrants or judicial orders unrelated to civil immigration enforcement.

§ 15A‑408.  Judicial warrants required.

(a)        Judicial Warrant Requirement. – Except for where otherwise permitted by law, no person acting as a law‑enforcement officer shall assist, cooperate with, or use any law‑enforcement resources to facilitate any operation that seeks to identify, arrest, or penalize an individual for a violation of federal civil immigration law unless presented with a valid judicial warrant or judicial subpoena.

(b)        Exemption for Criminal Warrants. – Nothing in this section prohibits cooperation with a federal law enforcement agency when they are acting pursuant to a valid judicial warrant issued by a federal court based on probable cause for a violation of federal criminal law.

(c)        Remedies. – A person aggrieved by a violation of this section may seek declaratory or injunctive relief in State court. The prevailing party in any such action shall be entitled to recover reasonable attorneys' fees and costs.

SECTION 2.  There is appropriated from the General Fund to the Department of Public Safety the sum of forty million dollars ($40,000,000) in nonrecurring funds for the 2026‑2027 fiscal year to be allocated to counties to hire additional law enforcement or corrections personnel for county jails. The funds shall be distributed to counties with the greatest need and remain available until expended.

SECTION 3.  If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.

SECTION 4.  This act becomes effective July 1, 2026, and applies to immigration enforcement agreements or any person detained or arrested by federal immigration law enforcement agencies on or after that date.