Know Your Rights: New North Carolina Legislation Impacting the Rights of Orange County Residents

HB 318 – The Criminal Illegal Alien Enforcement Act

This Bill expanded the crimes for which administrators in local jails and detention centers in North Carolina are required to determine whether people confined in their facilities are U.S. citizens or a legal resident. If the administrator is unable to make this determination, then the administrator must contact Immigration and Customs Enforcement (ICE). If ICE determines the person is not a U.S. citizen or legal resident, they may  issue a detainer and administrative warrant for an individual in custody who will then appear before a magistrate. If a magistrate determines that the person is the subject named in the detainer, the magistrate will issue an Order, requiring the jail to hold the person for up to 48 hours after the person is scheduled to be released to allow ICE to pick them up. If ICE does not take custody within 48 hours, or cancels the detainer, the person must be released. Based on this law, people in jail could face delays in release even after they’ve posted bail or served their sentence if ICE has issued a valid detainer and administrative warrant.

Significantly, the new law also requires a judicial official (typically a magistrate) setting pretrial release conditions for an individual arrested on serious misdemeanors and all felonies to determine citizenship or legal residency. If the magistrate is unable to verify this status through inquiry and/or documents, then they are required to commit the individual to a detention facility for a period of two hours. The person will then be fingerprinted for ICE to determine the detainee’s status.  After two hours, if ICE has not issued a detainer and administrative warrant, then the pretrial conditions set by the magistrate will go into effect.

Key Facts

• This Bill takes effect on October 1, 2025.

Orange County Office of Civil Rights and Civic Life suggests:

• Keep copies of documents that pertain to your residency status or citizenship with you at all times. Such documents include, but are not limited to, a N.C. driver’s license, a passport, passport card, a visa, immigration paperwork or a REAL ID. 
• If stopped by law enforcement, appearing before a magistrate or detained, present your documents promptly. This law applies to everyone and having copies of these documents accessible could help avoid unnecessary detention. 
• It is also a good idea to give copies of these documents to trusted friends or family members so they can provide them on your behalf if needed. 
• Always bring your documents with you to court appearances or any other official proceedings.

View Full Bill Text (NCGA)

HB 805 – Prevent Sexual Exploitation/Women and Minors

This Bill says North Carolina will officially recognize only two sexes, male and female. It states that an individual’s Gender Identity may not align with their sex assigned at birth, but that identity will not be treated equally to their biological sex. It blocks the use of state money for gender transition care for minors and people in prison and makes it easier for people to sue doctors who provide transition-related care to minors. The Bill changes how birth certificates are handled when someone’s sex is changed. Instead of replacing the old record, counties will be required to keep both the original and the updated document together as a single file. Any official copy issued will include both versions.

The law also requires schools to excuse students from lessons or assignments if they, or their family, say it conflicts with their religion; allows parents to restrict which library books their children can check out; requires schools to house children on field trips according to their assigned sex at birth and bans students from sharing sleeping quarters with someone of another biological sex unless parents provide written permission.

The Bill also includes provisions to prevent the sharing of intimate images without consent and provisions to restrict access to intimate images without age verification.

Key Facts

• Most sections of this Bill have already taken effect with the 2025-2026 school year. The State will officially recognize only two sexes, beginning January 1, 2026.
• When a student opts out of an assignment offered, the school is required to provide an alternative assignment about the same topic.
• The Bill does not restrict state funds from being used to address medical complications arising from previous gender affirming care.
• The State Health Plan for teachers and state employees is not affected by this Bill unless a past federal court ruling is overturned in the future.

View Full Bill Text (H805)

HB 193 – Weapons at Charter Schools and Private Schools

This law allows employees and volunteers at private schools to carry handguns or stun guns on private educational property if certain conditions are met. It also allows people with permits to carry handguns at schools that double as places of worship during religious services. The law also shields law enforcement shooting ranges and operators of sporting shooting ranges from civil and criminal liability for noise or other issues if the range was in legal compliance at the time operation began, even if they move to a new location or ordinances change. Finally, the new law broadens the definition of the crime of assault on a government official to include local elected officers and increases the punishment for the offense.

Key Facts

• This law goes into effect on December 1, 2025.
• Armed staff can legally be present in private schools and charter schools.
• Guns are allowed in worship spaces that also host schools.

View Bill Summary (UNC School of Government)