NORTH CAROLINA SHERIFFS’ ASSOCIATION
LAW ENFORCEMENT OFFICERS AND STATE OFFICIALS
OF NORTH CAROLINA

President
SHERIFF JAMES E. CLEMMONS, JR.
Richmond County

First Vice President
SHERIFF JOHN W. INGRAM, V
Brunswick County

Secretary
SHERIFF CHARLES S. BLACKWOOD
Orange County

Treasurer
SHERIFF ALAN CLONINGER
Gaston County

Second Vice President
SHERIFF DAVID A. MAHONEY
Transylvania County
Chairman - Executive Committee
SHERIFF ASA B. BUCK, III

EXECUTIVE COMMITTEE
MEMBERS
(Past Presidents)
_______________________

POSITION STATEMENT

SHERIFF STEVE BIZZELL
Johnston County

April 3, 2019

SHERIFF SAM PAGE
Rockingham County

Carteret County

Third Vice President
SHERIFF ED McMAHON
New Hanover County
Executive Vice President
and General Counsel
EDMOND W. CALDWELL, JR.

House Bill 370, Require Sheriff Cooperation with ICE

SHERIFF KEVIN FRYE

Avery County

SHERIFF HUBERT A. PETERKIN
Hoke County

The North Carolina Sheriffs’ Association is opposed to illegal immigration and
supports enforcement of the laws against illegal immigration.
The Association would like to work with our legislators on acceptable solutions to
address illegal immigration in the State. However, Edition 1 of House Bill 370 is
not the appropriate method to address this very important issue.
After careful analysis and thorough consideration, the North Carolina Sheriffs’
Association has adopted the position of OPPOSE-HIGH PRIORITY regarding
Edition 1 of House Bill 370, Require Sheriff Cooperation with ICE.
It is our understanding that a majority of North Carolina sheriffs honor ICE
detainers. However, federal law does not compel sheriffs to participate in the ICE
detainer program. North Carolina law, as affirmed in Chavez vs. Carmichael, is
consistent with federal law in that it is lawful for a sheriff to honor, or to decline to
honor, an ICE detainer.
The Association takes no position on the benefits or detriments of participation in
the ICE detainer program as it relates to public safety in North Carolina or to U.S.
immigration policy
House Bill 370 would compel duly elected sheriffs to participate in a voluntary
federal law enforcement program. The North Carolina Sheriffs’ Association
opposes such mandate. The people of each county, as reflected by the decision
of their elected sheriff, should retain the ability to decide which lawful method they
will utilize in complying with existing federal and state law.
Just as the Association opposes any state law requirement to participate in the
ICE detainer program, it would also oppose legislation prohibiting sheriffs from
participating in the ICE detainer program.
The Association supports cooperation between sheriffs and all local, state and
federal law enforcement agencies. However, it is an unwise encroachment on

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Post Office Box 20049 • Raleigh, N.C. 27619-0049 • Telephone: (919) SHERIFF (743-7433)
Fax: (919) 783-5272 • E-mail: ncsa@ncsheriffs.net • www.ncsheriffs.org
The North Carolina Sheriffs’ Association is a Non-Profit, tax exempt organization recognized by the I.R.S.

 House Bill 370, Require Sheriff Cooperation with ICE
Position Paper – North Carolina Sheriffs’ Association
April 3, 2019
Page 2 of 2

the lawful responsibility of the sheriff, who serves as the “keeper of the jail,“ to mandate how this
cooperation should occur.
Additionally, allowing for a “private enforcement” court action is unwise and would likely instill a
“chilling effect” on sheriffs when deciding how to best carry out the duties of their office.
Therefore, the North Carolina Sheriffs’ Association urges the General Assembly to not enact
Edition 1 of House Bill 370, Require Sheriff Cooperation with ICE, and to work with us
cooperatively to craft a mutually acceptable solution to address this very important issue.