North Carolina Immigration Laws – All You Need to Know

The North Carolina immigration laws in 2025 are at the center of major social and political conversations in the state. Whether you’re an immigrant, a concerned family member, or an ally, staying on top of the latest laws and policies in the state can help you protect and advocate for yourself and others around you.

Major Legislative Update – Senate Bill 153 (SB 153)

The North Carolina Senate passed Senate Bill 153 on March 4th, 2025. This bill was immediately protested by both immigrant communities and civil rights agencies. According to the ACLU of North Carolina, this bill would require an investigation into the use of public benefits, looking to target the detection of benefits used by undocumented immigrants.

This bill would also require several state law enforcement agencies to enter into mandatory cooperation agreements with U.S. Immigration and Customs Enforcement, as well as prevent certain universities in North Carolina from becoming sanctuary campuses for students being targeted by immigration enforcement authorities.

SB 153 has not yet passed, but it is now headed to the State House of Representatives as of April 21st, 2025. Civil rights groups like the ACLU are speaking out against this bill, which they argue is indicative of a larger anti-immigrant agenda. Concerned North Carolina residents may contact their legislators to oppose the bill.

Key Federal Immigration Laws Still in Effect

Despite changes on the state level, federal laws still govern core immigration policies, such as the following:

• Deportation and removal proceedings: These cases are continuing to be handled in federal immigration courts, although those detained in North Carolina may likely be sent to nearby detention centers, such as Winn Correctional Center or Stewart Detention Center.
• Green card and visa applications: Both non-immigrant and immigrant visas continue to be overseen by U.S. Citizenship and Immigration Services (USCIS).
• Asylum and refugee applications: Under legislation like the Immigration and Nationality Act, federal courts decide on asylum cases.

Immigrants in North Carolina and across the country are still able to apply for employment authorization through USCIS. While North Carolina law cannot override these federal statutes, the new statutes would significantly increase cooperation between federal immigration agencies and the local police.

A Look Into Immigration in North Carolina

The immigrant population in North Carolina is crucial for both the state’s communities and economy, with immigrants making up roughly 13% of the state’s workforce, including 20% of all STEM workers and 31% of construction workers. Despite all their contributions, undocumented residents continue to deal with significant obstacles, especially when it comes to access to higher education, legal support, and healthcare.

For example, while DACA recipients are eligible to receive NC tuition, protections vary significantly by district.

According to the American Immigration Council, over 9.3% of state residents were born outside of the country, showing the notable immigrant community that stands to be severely impacted by changes in policy.

Recent Bills Affecting Immigrants in NC

Some recent legislative actions that are shaping North Carolina’s immigration policy include the following:

• HB 690. Introduced into the House, this bill would prohibit undocumented immigrants from accessing specific types of state-funded services.
• HB 318. Moving through the House, this bill would force local sheriffs to comply with ICE detainer requests.
• HB 261. Also currently in the House, this bill proposes increased penalties for undocumented immigrants who have been implicated in a criminal offense.
• HB 86. This bill – also known as Citizens’ Expungement Clarification – is currently moving through House Committees and would prevent a non-U.S. citizen from being able to expunge their criminal record.

These legislative updates come with major civil rights concerns. Therefore, if you or your loved one is an immigrant in North Carolina, it’s crucial to know your rights during these challenging times. Remember, you are not required to answer any questions about your immigration status or open the door to ICE without a valid warrant.

FAQs

Q: What Is SB 153, and Who Does It Affect?

A: Senate Bill 153 forces local law enforcement agencies to cooperate with ICE, minimizes available protections on college campuses for immigrant communities, and works to prevent undocumented immigrants from accessing crucial public services. SB 153 overwhelmingly affects DACA recipients, international students, and undocumented immigrants.

Q: Can Local Police Ask About Immigration Status in NC?

A: Yes, depending on the situation, local police may be able to ask about immigration status in North Carolina, but they need to have a signed warrant to force someone to answer questions. Furthermore, local law enforcement is not able to detain someone for a civil immigration violation unless they have a valid judicial warrant.

Q: Do Undocumented Immigrants Qualify for Public Benefits in NC?

A: As a general rule, undocumented immigrants do not qualify for public benefits in North Carolina. However, exceptions do exist, such as for school lunch programs and emergency medical care. Under SB 153, access would be further restricted. To understand the rights and benefits you’re entitled to if you are undocumented, it’s crucial to work with an empathetic attorney.

Q: Can I Still Apply for DACA or TPS if I Live in North Carolina?

A: Yes, you can still apply for DACA or TPS if you are living in North Carolina, as these are federal programs. It’s important to note, however, that due to current federal litigation, new applications for DACA are not being processed. Therefore, if your DACA is set to expire, it’s crucial to apply for renewal well ahead of time – 150 to 120 days.

Q: Are There Immigration Sanctuaries in North Carolina?

A: Yes, there are some immigration sanctuaries in North Carolina. Some counties adopted policies that specifically prohibit the cooperation of local law enforcement with ICE agencies; however, recently introduced legislation could threaten to roll back such protections. If you are worried about facing immigration detention, it’s crucial to work with an experienced immigration lawyer.

Defend Your Rights and Interests With a Skilled Immigration Lawyer

In North Carolina, the immigration landscape continues to change rapidly, with undocumented folks, international students, and DACA recipients being heavily impacted by the changes. Whether you just want to understand your rights or your loved one has been detained, a thorough immigration lawyer from Steven T. Meier, PLLC, is ready to support you. Contact us today to get started.