An update on NC Sanctuary cities

A reader reached out with some key details, including a list of cities

Reader James Johnson contacted me with more information about sanctuary cities in North Carolina after I published the story "NC sanctuary cities are real."  Johnson has run the site North Carolinians For Immigration Reform and Enforcement (NCFIRE) for quite some time. The site used to regularly log illegal aliens arrested for sexual assaulting children in North Carolina.

That article laid out the North Carolina counties considered to have sanctuary policies via an updated map of such locations published by the Center for Immigration Studies (CIS). North Carolina counties on the list included Buncombe, Chatham, Durham, Forsyth, Guilford, Mecklenburg, Orange, Wake, and Watauga.

Johnson sent me a list of specific resolutions adopted by townships and municipalities. The list has accompanying links when possible to the various resolutions. 

Carrboro – Adopted Resolution # 123/2005-06 on May 16, 2006
"A resolution ESTABLISHING A POLICY THAT THE CARRBORO POLICE DEPARTMENT WILL NOT SEEK TO ARREST PERSONS WHEN THE SOLE BASIS FOR ARRESTING SUCH PERSONS IS THAT SUCH PERSONS HAVE OR MAY HAVE COMMITTED A CIVIL IMMIGRATION VIOLATION."

Chapel Hill – Adopted Resolution # 3a (3) on Feb. 26, 2007
"A  RESOLUTION ESTABLISHING A POLICY THAT THE CHAPEL HILL POLICE DEPARTMENT WILL NOT SEEK TO ARREST PERSONS WHEN THE SOLE BASIS FOR ARRESTING SUCH PERSONS IS THAT SUCH PERSONS HAVE OR MAY HAVE COMMITTED A CIVIL IMMIGRATION VIOLATION."

Durham – Adopted Resolution # 9046 on Oct. 20, 2003
Resolution 9046's Section 2, states, "Unless otherwise required as part of a City officer or employee's duties, by law or by court order, no Durham City officer or employee, during the course and scope of their employment, shall inquire into the immigration status of any person, or engage in activities designed to ascertain the immigration status of any person."

Chatham County (Pittsboro, Siler City) – Adopted Resolution # 2009-02 on Jan. 5, 2009
"Be it also resolved that, in continuing its belief of controlling its own destiny, while proudly preserving diverse cultural heritages, the Chatham County Board of Commissioners stands in strong opposition to any local governmental agency contracting with the U.S. Immigration and Customs Enforcement (ICE) for the purpose of enforcing federal immigration laws."
Note: I found that this resolution was allegedly rescinded June 6, 2011. 
 
Orange County (Carrboro, Chapel Hill, and Durham) – Jan. 23, 2007.
The Orange County Board of Commissioners adopted a Resolution in Opposition to a Memorandum of Understanding (MOU) with Immigration and Customs Enforcement (ICE) for Local Law Enforcement to Enforce Civil Immigration Laws. 
 
Wake County - Wake County Sheriff Willie Rowe, a Democrat who became sheriff after he defeated former sheriff Gerald Baker in the primary, has publicly refused to cooperate with ICE and opposes House Bill 10, a bill that would require his agency's cooperation with ICE. 

Here is what Rowe told ABC 11:

"As Sheriff of Wake County, I want to make it clear that I oppose House Bill 10 (HB 10). This bill hinders the Sheriff's Office's ability to build relationships with the community and takes away authority from the Sheriff to set local law enforcement priorities. The bill will prohibit jails from releasing individuals on bail- even if they are eligible for release under North Carolina law- based on a "request, approval, or other instruction" from the federal government. I want to make our communities safer, but HB 10 will make us less safe by fomenting distrust in local law enforcement. No one should fear interacting with the Wake County Sheriff's Office because of their federal immigration status."

House Bill 10 is a bill run by Rep. Destin Hall (R-Caldwell). He is more than likely going to be the next Speaker of the House in North Carolina. The bill has been around for a while now, but I am told this bill will get passed before the November 2024 election. 

More To The Story

Johnson also noted in his email to me that all of these locations are already violating state law, pointing to the section in statutes governing sheriffs.

Under North Carolina General Statute 162.62, a person's citizenship status must be determined when it comes to anyone charged with a felony or a driving while impaired offense. That statute requires that if the arresting authority can't determine legal residency, they are required to contact ICE and the Dept. of Homeland Security. 

Johnson also pointed out that back in 2015, former Republican Governor Pat McCrory signed into law House Bill 318, the Protect North Carolina Workers Act.

These cities and counties are therefore in violation of state law already, yet no action has been taken against them to date.

One of the provisions of that law banned counties and cities in North Carolina from creating “sanctuary ordinances" that would block law enforcement from gathering citizenship information and reporting that information to federal agencies. 

Here is the full list Johnson sent to me of the cities in certain counties where sanctuary policies have been found or have been proposed:

Buncombe County (Asheville)
Cumberland County (Fayetteville, Hope Mills)
Durham County (Durham)Forsyth County (Winston-Salem)
Guilford County (Greensboro, High Point)
Mecklenburg County (Charlotte)Mitchell County (Spruce Pine, Bakersville)
Montgomery County (Biscoe, Star, Troy, Mount Gilead, Uwharie)
Moore County (Aberdeen, Carthage, Southern Pines, Pinehurst, Vass)
New Hanover (Wilmington)
Orange County (Chapel Hill, Carrboro, Hillsboro)
Wake County (Raleigh, Fuquay-Varina)
Watauga County (Banner Elk, Blowing Rock, Boone, Hillcrest, Peoria, Stony Fork)