A bill introduced this week in the North Carolina Senate would create new penalties for enacting so-called “sanctuary” policies. The measure targets cities and the UNC system.
Broadly speaking, SB 145 outlines two penalties for cities acting as sanctuaries for undocumented immigrants.
Any city found not to be cooperating with law enforcement on immigration issues could lose some tax money. After sixty days, if the city is still not complying with the law, it could lose an additional year of that revenue.
It could also lose its immunity from civil liability. That means any municipality not in compliance with the law could open itself up to lawsuits if an immigrant living there illegally commits a crime.
That one-two punch of revenue removal and openness to new litigation could mean thousands or millions of dollars in lost tax money over an extended period of time.
SB 145 also puts some public universities in the hot seat. Any UNC member institution found in violation could lose its status as a special responsibility constituent, which gives schools more flexibility in how they allocate their budgets.
Guilford Technical Community College professor Carla Cole says like many other recent GOP initiatives, she expects the Democrats would try to stop a measure like this in court.
“The Democrats don't have control in either house in congress. The Democrats don't have control, or even the ability to block anything, in the North Carolina General Assembly. So the courts are the only savior that may be there for them,” Cole says.
The bill does have several roadblocks in its way, if it eventually becomes law.
The courts are one. The second is North Carolina Attorney General Josh Stein, a Democrat. Stein would be in charge of enforcing the law, and like his predecessor Roy Cooper often did, could simply choose not to do so.
SB 145 has passed its first reading and has been referred to the Senate Rules Committee.