H1152: Protection of Constitutional Rights. Latest Version
2025-2026
AN ACT protecting the constitutional rights of individuals injured during immigration enforcement.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 99D‑1 reads as rewritten:
§ 99D‑1. Interference with Civil Rights.
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(a1) A person who is injured during civil immigration enforcement by another person who, whether or not under color of law, violates the United States or North Carolina Constitution while participating in civil immigration enforcement may bring a civil action against the other person. Any of the remedies outlined in subsection (b) of this section are available to the injured person. To the maximum extent permissible under the United States Constitution, a grant of immunity to a defendant, including, but not limited to, sovereign immunity; official immunity; intergovernmental immunity; qualified immunity; Supremacy Clause immunity; statutory immunity; or common law immunity, does not apply in an action brought pursuant to this subsection.
(b) Any person whose exercise or enjoyment of a right described in subdivision (a)(1) or subsection (a1) of this section has been interfered with, or against whom an attempt has been made to interfere with the exercise or enjoyment of such a right, by a violation of this Chapter may bring a civil action. The court may restrain and enjoin such future acts, and may award compensatory and punitive damages to the plaintiff. The court may award court costs and attorneys' fees to the prevailing party. However, a prevailing defendant may be awarded reasonable attorneys' fees only upon a showing that the case is frivolous, unreasonable, or without foundation.
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SECTION 2. 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 3. There is appropriated from the General Fund to the Office of State Budget and Management the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2026‑2027 fiscal year to design and prepare a downloadable pamphlet, entitled Know Your Rights. The pamphlet shall include a summary of the rights of immigrants and citizens who encounter immigration enforcement officers. The pamphlet shall be written in plain language and available for download on any State agency, department, or institution website that coordinates with or works with U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection.
SECTION 4. This act is effective when it becomes law.