There was a very interesting moment at the Guilford County Board of Commissioners’ Thursday evening, May 1 meeting.  US Sen. Thom Tillis had recently publicly accused Guilford County, Forsyth County and seven other counties in the state of being sanctuary counties – that is, ones that are generally uncooperative with federal immigration agents looking to deport people.

Both Guilford County Sheriff Danny Rogers and Forsyth County Sheriff Bobby Kimbrough, Jr. adamantly denied their county being a sanctuary county.  Both said they worked well with the feds.

At the May 1 meeting, Commissioner Pat Tillman stated that there had been some public confusion around the matter and he asked county staff whether or not Guilford County was a sanctuary jurisdiction. The question was answered by County Attorney Andrea Leslie-Fite, who said that the Board of Commissioners would be the public body that would make that decision and she pointed out that the board had never taken a vote to become a sanctuary county and therefore it was not one.

In the US, the term “sanctuary city” or “sanctuary jurisdiction” refers to a city, county or state that adopts policies that limit cooperation with federal immigration enforcement officials – especially as it relates to undocumented immigrants. While there’s no single set legal definition, sanctuary jurisdictions usually decline to assist federal agencies like Immigration and Customs Enforcement (ICE) when it comes to detaining or deporting people based solely on immigration status.

These policies can vary widely but they often include practices such as not honoring ICE detainer requests – which ask local law enforcement agencies to hold people beyond their scheduled release date so that ICE can take custody.

Former Guilford County Sheriff BJ Barnes, a staunch Republican, informed the Rhino Times years ago that he was not legally able to hold inmates without a warrant past a certain number of hours and since ICE often did not show up during that legal time window for holding someone, he would have to release the person or face a lawsuit for improperly detaining people.

Some jurisdictions across the country currently avoid inquiring about a person’s immigration status during routine police interactions or refrain from sharing certain information with federal immigration authorities.

People who support sanctuary policies argue that they promote public safety by fostering trust between immigrant communities and local law enforcement. They say that, when undocumented residents feel safe reporting crimes or cooperating with deputies or police officers, it benefits the broader community. These policies, advocates argue, also ensure that local governments maintain control over their policing priorities.

Some judges across the country don’t like the current ICE policy of federal agents showing up at court appearances where a person thought to be an illegal is the defendant or is testifying in a case.  Those in local judiciaries often argue that, if that practice becomes common, undocumented accused criminals and witnesses will be much less likely to show up for a court date.

Critics of the policy, on the other hand, contend that sanctuary policies interfere with federal immigration enforcement and in some cases allow people with criminal records to avoid deportation. They also argue that the hodgepodge nature of sanctuary designations can lead to confusion as well as inconsistent enforcement across jurisdictions.

This has been an issue for decades but, under the new Donald Trump administration especially, whether a place is a sanctuary jurisdiction or not has become a highly politically charged situation – as was seen in the case of Tillis versus the sheriff’s offices in Guilford County and Forsyth County.

The following explanation of the current legal landscape, which is quoted in its entirety, is from Eddie Caldwell, the executive vice president and general counsel for the NC Sheriff’s Association:

NORTH CAROLINA SHERIFFS’ ASSOCIATION STATEMENT REGARDING IMMIGRATION ENFORCEMENT BY NC SHERIFFS

General Statute 162-62 as amended by House Bill 10 [S.L. 2024-55]

effective December 1, 2024, provides certain procedures that must be followed when a person is confined in a county jail, including a requirement that the jail staff attempt to “determine if that prisoner is a legal resident or citizen of the United States.” If the jail staff is “unable to determine if that prisoner is a legal resident or citizen of the United States,” then the jail staff is required by G.S. 162-62 to follow certain specified procedures.

It is our understanding and firm belief that all North Carolina sheriffs are fully complying with the legal requirements in G.S. 162-62, and we have seen no information or indication to the contrary. We acknowledge that Immigration and Customs Enforcement (ICE) would prefer that sheriffs honor the request of ICE to voluntarily take additional actions beyond those required by State or federal law, including: (1) honoring immigration detainers for 48 hours beyond the time that the prisoner would otherwise be released from the jail; and (2) notifying ICE 48 hours before the prisoner would be released from the jail. Some sheriffs comply with these voluntary requests from ICE and others do not.

In either case, the sheriffs are fully complying with both State and federal law since the requests from ICE are voluntary and are not required by State or federal law nor by court order. House Bill 318, The Criminal Illegal Alien Enforcement Act, is currently pending in the North Carolina General Assembly and, if enacted into law, would require sheriffs and their jail staff to both: (1)honor immigration detainers for 48 hours beyond the time that the prisoner would otherwise be released from jail; and (2) notify ICE 48 hours before the prisoner would be released from jail.

This would align the state process for dealing with immigration detainers with the process preferred by ICE.

The North Carolina Sheriffs’ Association has worked closely with the bill sponsors to ensure that the amendments to G.S. 162-62 have been drafted such that the sheriffs do not anticipate the changes will cause any operational difficulties for the sheriffs nor their operation of the county jails. For these reasons, House Bill 318 is supported by the North Carolina Sheriffs’ Association.

While we sincerely value our partnerships with all of our elected officials, we encourage them and all others to refrain from making accusatory statements about any sheriff without first talking with that sheriff, and until becoming fully informed about the actual facts and information available from that sheriff.

Just as we believe that all North Carolina sheriffs are fully complying with the current legal requirements in G.S. 162-62, we are confident that if House Bill 318 is enacted into law all North Carolina sheriffs will fully comply with G.S. 162-62 as amended by House Bill 318.

We have all taken an oath to do so, and we will!