S888: Immigration Data Privacy. Latest Version

2025-2026

Senate
Passed 1st Reading
Rules
Committee


AN ACT prohibiting the DISSEMINATION of immigration data for immigration enforcement unless certain conditions are satisfied.



The General Assembly of North Carolina enacts:



 



part i. immigration data privacy



SECTION 1.1.  Chapter 64 of the General Statutes is amended by adding a new Article to read:



Article 4.



Immigration Data Privacy.



§ 64‑70.  Release of immigration data.



(a)        Notwithstanding any other provision of law, no department, agency, or institution of this State shall disseminate to any federal, state, or local government entity, law enforcement officer, or law enforcement agency any immigration‑related data for any purposes related to civil immigration enforcement unless one of the following is satisfied:



(1)        The subject of the information provides consent.



(2)        The requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant.



(b)        When responding to a lawful judicial order, judicial subpoena, or judicial warrant, the department providing the information shall disclose only those records or information specifically requested.



(c)        Within three business days of receiving a request for information, the department providing the information shall send a notification to the individual about whom such information was requested that such a request was made and the identity of the entity that made such request.



§ 64‑71.  Reporting requirements.



Any department, agency, or institution of this State that receives a request for immigration data shall document and retain information regarding the request. Information related to the requests shall be reported to the Office of the Attorney General on an annual basis. The report shall include all of the following information:



(1)        The total number of immigration data requests.



(2)        The name of the requesting agency or department.



(3)        The resolution of the request.



(4)        The type of legal authority presented by the requesting agency or department.



 



part ii. appropriation



SECTION 2.1.  Appropriation. – There is appropriated from the General Fund to the Office of State Budget and Management the sum of one million five hundred thousand dollars ($1,500,000) in recurring funds beginning in the 2026‑2027 fiscal year to be allocated to State departments and agencies for implementation of this act.



SECTION 2.2.  Allowable Uses of Funds. – The funds appropriated in Section 2.1 of this act may be used for any of the following:



(1)        Information technology updates to restrict, track, and audit access to identifying information.



(2)        Development of data governance and privacy compliance systems, including logging and reporting mechanisms.



(3)        Training of State agency personnel on requirements enacted by this act.



(4)        Staffing and administrative costs associated with compliance, oversight, and reporting requirements.



(5)        Preparation and publication of annual reports required under this act.



SECTION 2.3.  Reporting. – State agencies receiving funds under Section 2.1 of this act shall report to the Joint Legislative Oversight Committee on General Government no later than April 1, 2027, on the use of funds and implementation progress.



 



part iiI. severability



SECTION 3.1.  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.



 



part iv. effective date



SECTION 4.1.  This act is effective when it becomes law.