13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO PROHIBIT LAW ENFORCEMENT AGENCIES AND OFFICERS FROM 2 |
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15 | 15 | | PARTICIPATING IN IMMIGRATION ENFORCEMENT ON NORTH CAROLINA 3 |
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16 | 16 | | FARMLAND AND CONSTRUCTION SITES . 4 |
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17 | 17 | | The General Assembly of North Carolina enacts: 5 |
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18 | 18 | | SECTION 1. Chapter 17F of the General Statutes is amended by adding a new 6 |
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19 | 19 | | section to read: 7 |
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20 | 20 | | "ยง 17F-15. Prohibit law enforcement agencies and officers from participating in 8 |
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21 | 21 | | immigration enforcement on farmland and construction sites. 9 |
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22 | 22 | | (a) Notwithstanding any provision of law to the contrary, no criminal justice agency, as 10 |
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23 | 23 | | defined by G.S. 17C-2, or sheriff's office shall assist United States Immigration and Customs 11 |
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24 | 24 | | Enforcement in the (i) apprehension or arrest of persons for alleged or suspected immigration 12 |
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25 | 25 | | violations or (ii) service of warrants for removal from the United States in any of the following 13 |
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26 | 26 | | locations: 14 |
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27 | 27 | | (1) Real property used for any of the following: 15 |
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28 | 28 | | a. Agriculture or farming, as those terms are defined by G.S. 106-581.1. 16 |
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29 | 29 | | b. The slaughter, processing, or packaging of livestock. 17 |
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30 | 30 | | (2) A permitted construction site, being a site where a permit, license, or other 18 |
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31 | 31 | | authorization has been issued by the State or a local governmental entity for 19 |
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32 | 32 | | the placement of new construction or improvements to real property. 20 |
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33 | 33 | | (b) Any current or future memorandum, agreement, or contract made between a criminal 21 |
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34 | 34 | | justice agency or sheriff's office and United States Immigration and Customs Enforcement shall 22 |
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35 | 35 | | be void to the extent that the performance of the memorandum, agreement, or contract would 23 |
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36 | 36 | | violate subsection (a) of this section. 24 |
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37 | 37 | | (c) Notwithstanding any provision of law to the contrary, no criminal justice officer, as 25 |
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38 | 38 | | defined by G.S. 17C-2, or justice officer, as defined by G.S. 17E-2, shall assist United States 26 |
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39 | 39 | | Immigration and Customs Enforcement in the (i) apprehension or arrest of persons for alleged or 27 |
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40 | 40 | | suspected immigration violations or (ii) service of warrants for removal from the United States 28 |
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41 | 41 | | in any of the locations referenced in subsection (a) of this section. 29 |
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42 | 42 | | (d) A willful violation of subsection (c) of this section may be used as grounds for the 30 |
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43 | 43 | | suspension, revocation, or denial of the certification of a criminal justice officer under Chapter 31 |
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44 | 44 | | 17C of the General Statutes or a justice officer under Chapter 17E of the General Statutes. 32 |
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45 | 45 | | (e) Nothing in this section shall be construed to prohibit criminal justice agencies, 33 |
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46 | 46 | | sheriffs' offices, criminal justice officers, or justice officers from enforcing the laws of this State 34 |
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