Rep. Jones files bill in North Carolina House on detention facility procedures

A new bill filed by State Rep. Brenden H. Jones in the North Carolina House seeks to establish procedures for verifying detainees’ legal status and coordinating with federal immigration authorities, according to the North Carolina State House.

The bill, filed as HB 318 on March 5 during the 2025 regular session, 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 Prisoners will be released after 48 hours if ICE doesn’t assume custody or if the detainer is rescinded.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.

Of the four sponsors of this bill, Jones, Carson Smith, and Brian Echevarria proposed the most bills (13) during the 2025 regular session.

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.

Jones, a Republican, was elected to the North Carolina State House in 2017 to represent the state’s 46th House district, replacing previous state representative Ken Waddell.