North Carolina Rep. Smith’s detention facility residency verification bill passes House and Senate

Passed bill sponsored by State Rep. Carson Smith aims to establish procedures for detention facilities to verify the legal residency status of inmates charged with certain offenses and coordinate with ICE regarding detainers and custody decisions, according to the North Carolina State House.

In the House, one Democrat and 69 Republicans voted in favor of the bill, while 45 Democrats opposed it.

Meanwhile, in the Senate, 26 Republicans voted in favor of the bill, while 17 Democrats voted against it.

Smith filed the bill in the North Carolina House on March 5 during the 2025 regular session.

The legislation, known as HB 318, was passed on June 10 during the 2025 regular session.

According to the North Carolina General Assembly site, the bill’s official text was formally listed with the short title: “The Criminal Illegal Alien Enforcement Act.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill, effective Dec. 1, 2025, mandates that administrators in various detention facilities in North Carolina must determine the legal residency status of prisoners charged with specific felonies and misdemeanors. If the status is unclear, they must query U.S. Immigration and Customs Enforcement (ICE). When ICE issues a detainer and administrative warrant for a detained individual, that person must be brought before a state judicial official. The official will order continued custody if the individual is confirmed as the subject of the detainer. Prisoners will be released after 48 hours if ICE doesn’t assume custody or if the detainer is rescinded. Facility administrators must inform ICE of release details within two hours of scheduled release. Law enforcement agencies or officers are protected from liability for actions taken under this subsection. The bill allows the release of prisoners eligible for bond unless specified conditions apply. Provisions of the bill are severable, ensuring unaffected sections remain valid if parts are invalidated.

The bill was sponsored by Rep. Destin Hall (Republican-87th District), Rep. Brenden H. Jones (Republican-46th District), and Rep. Carson Smith (Republican-16th District), along with one other sponsor.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Smith, a Republican, was elected to the North Carolina State House in 2019 to represent the state’s 16th House district, replacing previous state representative Bob Muller.

Under North Carolina law, bills must receive three readings in each chamber. According to the UNC School of Government, once a bill “passes its constitutionally required second reading and moves to its constitutionally required third reading,” additional debate can occur, but the final stage is often treated as a formality. Unless a legislator requests a roll-call, the third reading may be approved by voice vote or unanimous consent without a separate recorded tally.