Read the full stored bill text
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2026-19
SENATE BILL 153
*S153-v-5*
AN ACT TO PROTECT TH E BORDERS OF THE STA TE BY (I) REQUIRING
COOPERATION WITH FED ERAL IMMIGRATION OFF ICIALS, (II) ENSURIN G
STATE FUNDS ARE BEING USED FOR THE BENEFIT OF PERSONS IN THE STATE
LEGALLY, (III) CREAT ING ADDITIONAL INCEN TIVES FOR LOCAL
GOVERNMENTS TO COMPLY WITH STATE LAWS RE LATED TO IMMIGRATION,
AND (IV) PROHIBITING UNC CONSTITUENT INS TITUTIONS FROM BECOM ING
SANCTUARY UNIVERSITIES.
Whereas, with their votes electing Donald J. Trump to be the 47th President of our
great nation, the American people and the people of North Carolina clearly communicated their
strong desire to create a safer country through increased border security and stronger immigration
policies; and
Whereas, while the federal government is ultimately responsible for the enforcement
of our nation's immigration laws, states and local governments have a critical role to play in
upholding the rule of law, fighting illegal immigration, and protecting the safety of our citizens;
and
Whereas, President Trump issued executive orders on January 20, 2025, to protect the
American people against invasion, to secure our borders, and to declare a national emergency at
the southern border of the United States, thereby continuing his promises to protect our southern
border and ensure immigration laws are followed and enforced; and
Whereas, it is the policy of the United States to take all appropriate action to secure
the borders of our Nation, including through cooperating fully with State and local law
enforcement officials in enacti ng federal -State partnerships to enforce federal immigration
priorities; and
Whereas, President Trump has, to ensure State and local law enforcement agencies
across the United States can assist with the protection of the American people, (i) instructed the
Secretary of Homeland Security, to the maximum extent permitted by law, and with the consent
of State or local officials as appropriate, to take appropriate action, through agreements under
section 287(g) of the INA (8 U.S.C. § 1357(g)) or otherwise, and (ii) authorized State and local
law enforcement officials, as the Secretary of Homeland Security determines are qualified and
appropriate, to perform the functions of immigration officers in relation to the investigation,
apprehension, or detention of aliens in the United States under the direction and the supervision
of the Secretary of Homeland Security; and
Whereas, President Trump has expressly stated the goal of upholding the rule of law,
defending against the waste of hard -earned taxpayer resources, a nd protecting benefits for
American citizens in need, including individuals with disabilities and veterans; and
Whereas, Section 5 of Article III of the North Carolina Constitution charges the
Governor with taking care that the laws are faithfully executed; and
Whereas, to date, Governor Stein has not directed the agencies, law enforcement
officers, or other agents of the State to take actions (i) to support or participate in these initiatives
to accomplish these goals of securing taxpayer dollars for Ameri can and State citizens or (ii) to
Page 2 Session Law 2026-19 Senate Bill 153
prevent actions by agencies or political subdivisions of the State that may frustrate these
purposes; Now, therefore,
The General Assembly of North Carolina enacts:
PART I. COOPERATION WITH FEDERAL IMMIGRATION OFFICIALS
SECTION 1.(a) The Secretary of the Department of Public Safety shall do each of
the following:
(1) Enter into a Memorandum of Agreement (MOA) with the Director of U.S.
Immigration and Customs Enforcement (ICE) pursuant to section 287(g) of
the Immigration and Nationality Act (8 U.S.C. § 1357(g)), to permit
designated State law enforcement officers to perform immigration law
enforcement functions. The designated State law enforcement officers shall
be required to receive appropriate training as provided by ICE and shall
function under the supervision of ICE officers when performing under the
MOA.
(2) Develop departmental policies requiring each of the following:
a. Employees of the Department shall attempt to determine if any person
in the custody or under t he supervision of the Department is a legal
resident or citizen of the United States or its territories by inquiry of
the person, or by examination of any relevant documents, or both.
b. When employees are unable to determine if a person is a legal resident
or citizen of the United States or its territories under sub -subdivision
a. of this subdivision, the employees shall make a query of
Immigration and Customs Enforcement of the United States
Department of Homeland Security.
c. When employees determine that a person in the custody or under the
supervision of the Department is not a legal resident or citizen of the
United States or its territories, the employees shall provide requested
information regarding the person to Immigration and Customs
Enforcement of the United States Department of Homeland Security.
(3) Cooperate to the fullest extent allowed by law with Immigration and Customs
Enforcement of the United States Department of Homeland Security.
(4) No later than August 1, 2025, report the Memorandum o f Agreement and
departmental policies required by this section to the Joint Legislative
Oversight Committee on Justice and Public Safety.
SECTION 1.(b) The Secretary of the Department of Adult Correction shall do each
of the following:
(1) Enter into a Me morandum of Agreement (MOA) with the Director of U.S.
Immigration and Customs Enforcement (ICE) pursuant to section 287(g) of
the Immigration and Nationality Act (8 U.S.C. § 1357(g)), to permit
designated State law enforcement officers to perform immigrati on law
enforcement functions. The designated State law enforcement officers shall
be required to receive appropriate training as provided by ICE and shall
function under the supervision of ICE officers when performing under the
MOA.
(2) Develop departmental policies requiring each of the following:
a. Employees of the Department shall attempt to determine if any person
in the custody or under the supervision of the Department is a legal
resident or citizen of the United States or its territories by inquiry of
the person, or by examination of any relevant documents, or both.
Senate Bill 153 Session Law 2026-19 Page 3
b. When employees are unable to determine if a person is a legal resident
or citizen of the United States or its territories under sub -subdivision
a. of this subdivision, the employees sh all make a query of
Immigration and Customs Enforcement of the United States
Department of Homeland Security.
c. When employees determine that a person in the custody or under the
supervision of the Department is not a legal resident or citizen of the
United States or its territories, the employees shall provide requested
information regarding the person to Immigration and Customs
Enforcement of the United States Department of Homeland Security.
(3) Cooperate to the fullest extent allowed by law with Immigration and Customs
Enforcement of the United States Department of Homeland Security.
(4) No later than August 1, 2025, report the Memorandum of Agreement and
departmental policies required by this section to the Joint Legislative
Oversight Committee on Justice and Public Safety.
SECTION 1.(c) The Commander of the State Highway Patrol shall do each of the
following:
(1) Enter into a Memorandum of Agreement (MOA) with the Director of U.S.
Immigration and Customs Enforcement (ICE) pursuant to section 287(g) of
the Immigration and Nationality Act (8 U.S.C. § 1357(g)), to permit
designated State law enforcement officers to perform immigration law
enforcement functions. The designated State law enforcement officers shall
be required to receive appropriate training as provided by ICE and shall
function under the supervision of ICE officers when performing under the
MOA.
(2) Develop State Highway Patrol policies requiring each of the following:
a. Employees of the State Highway Patrol shall attempt to determine if
any person in the custody or under the supervision of the State
Highway Patrol is a legal resident or citizen of the United States or its
territories by inquiry of the person, or by examination of any relevant
documents, or both.
b. When employees are unable to determine if a person is a legal resident
or citizen of the United States or its territories under sub -subdivision
a. of this subdivision, the employees shall make a query of
Immigration and Customs Enforcement of the United States
Department of Homeland Security.
c. When employees determine that a person in the custody or under the
supervision of the State Highway Patrol is not a legal resident or
citizen of the United States or its territories, the employees shall
provide requested information regardi ng the person to Immigration
and Customs Enforcement of the United States Department of
Homeland Security.
(3) Cooperate to the fullest extent allowed by law with Immigration and Customs
Enforcement of the United States Department of Homeland Security.
(4) No later than August 1, 2025, report the Memorandum of Agreement and State
Highway Patrol policies required by this section to the Joint Legislative
Oversight Committee on Justice and Public Safety.
SECTION 1.(d) The Director of the State Bureau of Inves tigation shall do each of
the following:
(1) Enter into a Memorandum of Agreement (MOA) with the Director of U.S.
Immigration and Customs Enforcement (ICE) pursuant to section 287(g) of
Page 4 Session Law 2026-19 Senate Bill 153
the Immigration and Nationality Act (8 U.S.C. § 1357(g)), to permit
designated State law enforcement officers to perform immigration law
enforcement functions. The designated State law enforcement officers shall
be required to receive appropriate training as provided by ICE and shall
function under the supervision of ICE off icers when performing under the
MOA.
(2) Develop State Bureau of Investigation policies requiring each of the
following:
a. Employees of the State Bureau of Investigation shall attempt to
determine if any person in the custody or under the supervision of the
State Bureau of Investigation is a legal resident or citizen of the United
States or its territories by inquiry of the person, or by examination of
any relevant documents, or both.
b. When employees are unable to determine if a person is a legal resident
or citizen of the United States or its territories under sub -subdivision
a. of this subdivision, the employees shall make a query of
Immigration and Customs Enforcement of the United States
Department of Homeland Security.
c. When employees determine that a person in the custody or under the
supervision of the State Bureau of Investigation is not a legal resident
or citizen of the United States or its territories, the employees shall
provide requested information regarding the person to Immigration
and Cu stoms Enforcement of the United States Department of
Homeland Security.
(3) Cooperate to the fullest extent allowed by law with Immigration and Customs
Enforcement of the United States Department of Homeland Security.
(4) No later than August 1, 2025, report the Memorandum of Agreement and State
Bureau of Investigation policies required by this section to the Joint
Legislative Oversight Committee on Justice and Public Safety.
SECTION 1.(e) The State Auditor shall perform an audit to determine the
compliance of each State agency with the requirements of this section and shall report the results
of the audit to the General Assembly no later than December 31, 2025.
SECTION 1.(f) This section is effective when it becomes law.
PART II. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SECTION 2.(a) To the extent permitted by federal law, the Department of Health
and Human Services (DHHS) shall take all steps necessary to cease providing State -funded
benefits to noncitizens residing in the United States without legal permission.
SECTION 2.(b) To the extent permitted by federal law, the DHHS shall develop and
implement a plan to review and update the eligibility criteria for all State -funded benefits to
ensure that noncitizens determined to be residing in the United States without legal permission
are ineligible to receive State-funded benefits. As a part of this plan, the DHHS shall develop a
method for verifying the immigration status of applicants for State -funded benefits who are
noncitizens prior to the initiation of benefits.
SECTION 2.(c) By January 15, 2026, the DHHS shall report to the Joint Legislative
Oversight Committee on Health and Human Services and the Fiscal Research Division all of the
following:
(1) The steps taken to implement subsection (a) of thi s section and the resulting
success of those steps.
(2) A list of State -funded benefits for which the DHHS is prohibited from
changing.
Senate Bill 153 Session Law 2026-19 Page 5
(3) The plan developed and implemented pursuant to subsection (b) of this
section, which shall include a citation to eac h federal law or regulation that
prohibits the DHHS from denying eligibility for State -funded benefits to
noncitizens determined to be residing in the United States without legal
permission.
SECTION 2.(d) As used in this Part, "State -funded benefits" incl udes any of the
following programs administered by or through a contract with the DHHS but excludes any
benefits or services available under these programs to help eligible beneficiaries access food or
meals:
(1) Temporary Assistance for Needy Families (Work First).
(2) Early Intervention Services.
(3) Rental or housing assistance programs.
(4) Medication assistance programs.
(5) Child care subsidy programs.
(6) Foster care and adoption assistance payments.
(7) Refugee assistance programs.
(8) Low Income Energy Assistance.
(9) Work First Cash Assistance and other employment and self -sufficiency
training and services.
(10) Medicaid.
(11) Single-stream funding.
(12) Inpatient psychiatric hospital services (3-Way Bed Contracts).
(13) The State-County Special Assistance program.
(14) Programs funded by the Home and Community Care Block Grant.
(15) Caregiver Support programs.
PART III. DEPARTMENT OF COMMERCE, HOUSIN G FINANCE AGENCY, AN D
LOCAL HOUSING AUTHORITIES
SECTION 3.(a) To the extent permitted by federal l aw, the Department of
Commerce, the Housing Finance Agency, and all local housing authorities established under
Chapter 157 of the General Statutes shall take all steps necessary to cease providing publicly
funded housing benefits to noncitizens residing in the United States without legal permission.
SECTION 3.(b) To the extent permitted by federal law, the Department of
Commerce, the Housing Finance Agency, and all local housing authorities established under
Chapter 157 of the General Statutes shall each develop and implement a plan to review and
update the eligibility criteria for all publicly funded housing benefits to ensure that noncitizens
determined to be residing in the United States without legal permission are ineligible to receive
publicly funded housing benefits. As a part of this plan, the Department of Commerce, the
Housing Finance Agency, and all local housing authorities established under Chapter 157 of the
General Statutes shall develop a method for verifying the immigration status of applic ants for
publicly funded housing benefits who are noncitizens prior to the initiation of benefits.
SECTION 3.(c) By January 15, 2026, the Department of Commerce, the Housing
Finance Agency, and all local housing authorities established under Chapter 157 o f the General
Statutes shall report to the Joint Legislative Commission on Governmental Operations and the
Fiscal Research Division on both of the following:
(1) The steps taken to implement subsection (a) of this section and the resulting
success of those steps.
(2) The plan developed and implemented pursuant to subsection (b) of this
section, which shall include a citation to each federal law or regulation that
prohibits the Department, Office, Agency, or local government unit from
Page 6 Session Law 2026-19 Senate Bill 153
denying eligibility for publicly funded benefits to noncitizens determined to
be residing in the United States without legal permission.
SECTION 3.(d) As used in this Part, "publicly funded housing benefits" means any
of the following programs or assistance administered by or t hrough a contract with the
Department of Commerce, the North Carolina Housing Finance Agency, and any local housing
authority established under Chapter 157 of the General Statutes:
(1) Community Development Block Grants (CDBG).
(2) Rental assistance programs.
(3) Transitional housing programs.
(4) Key Rental Assistance programs (KEY).
(5) Subsidized housing assistance programs.
(6) Housing Choice Voucher program (HCV).
(7) NC Home Advantage Mortgage program.
(8) NC 1st Home Advantage Down Payment program.
(9) HOME Investment Partnerships program (HOME).
(10) Community Living programs.
(11) Essential Single-Family Rehabilitation program (ESFR).
(12) Affordable Housing Development Fund program (AHDF).
(13) Emergency Solutions Grants program (ESG), including th e Rapid
Unsheltered Survivor Housing program (RUSH).
PART IV. UNEMPLOYMENT COMPENSATION
SECTION 4. Notwithstanding any provision of State law and to the extent permitted
by federal law, by January 15, 2026, the Department of Commerce, Division of Employm ent
Security, shall adopt and implement a policy to verify, for unemployment benefits purposes, that
all applicants are legally authorized to reside in the United States prior to the first payment of
benefits.
PART V. WAIVER OF LOCAL GOVERNMENT IMMUNITY
SECTION 5.(a) G.S. 153A-145.5 reads as rewritten:
"§ 153A -145.5. Adoption of sanctuary ordinance prohibited.prohibited; waiver of
immunity.
…
(c) A county in violation of this section shall have waived its governmental immunity as
provided in G.S. 153A-435.1."
SECTION 5.(b) Article 23 of Chapter 153A of the General Statutes is amended by
adding a new section to read as follows:
"§ 153A-435.1. Waiver of immunity; sanctuary status.
(a) A county shall have waived its immunity from civil liability in tort if it does not
comply with G.S. 153A-145.5 and an unauthorized alien commits a crime against a person or
property within the corporate limits of the county.
(b) Immunity shall be waived under subsection (a) of this section even if the county has
not purchased insurance as authorized in G.S. 153A-435."
SECTION 5.(c) G.S. 160A-205.2 reads as rewritten:
"§ 160A -205.2. Adoption of sanctuary ordinances prohibited.prohibited; waiver of
immunity.
…
(c) A city in violation of this section shall have waived its governmental immunity as
provided in G.S. 160A-485.1."
SECTION 5.(d) Article 21 of Chapter 160A of the General Statutes is amended by
adding a new section to read as follows:
Senate Bill 153 Session Law 2026-19 Page 7
"§ 160A-485.1. Waiver of immunity; sanctuary status.
(a) A city shall have waived its immunity from civil liability in tort if it does not comply
with G.S. 160A-205.2 and an unauthorized alien commits a crime against a person or property
within the corporate limits of the city.
(b) Immunity shall be waived under subsection (a) of this section even if the city has not
purchased insurance as authorized in G.S. 160A-485 or G.S. 160A-485.5(a)."
PART VI. UNC CONSTIT UENT INSTITUTIONS TO COMPLY WITH LAWS
RELATED TO IMMIGRATION
SECTION 6. Part 3 of Article 1 of Chapter 116 of the General Statutes is amended
by adding a new section to read:
"§ 116-40.14. Adoption of sanctuary status prohibited.
(a) A constituent institution shall not have any policy or regulation that limits or restricts
the enforcement of federal immigration laws to less than the full extent permitted by federal law.
(b) To the extent permitted by federal law, a constituent institution shall not do any of the
following related to information regarding the immigration status of any individual:
(1) Prevent law enforcement officials or agencies from gathering the information.
(2) Prevent communication of the information to federal law enforcement
agencies."
PART VII. EFFECTIVE DATE
SECTION 7. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 10th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Destin Hall
Speaker of the House of Representatives
VETO Josh Stein
Governor
Became law notwithstanding the objections of the Governor at 2:59 p.m. this 24th day
of June, 2026.
s/ Mr. James White
House Principal Clerk