Ensuring Due Process and Oversight in Immigration Detention

As your constituent, I urge you to take decisive action to ensure that North Carolina upholds the protections guaranteed under 18 U.S.C. § 242 when federal enforcement falls short. Recent patterns suggest a marked lack of investigative rigor, transparency, and appropriate prioritization by the U.S. Department of Justice in addressing alleged abuses by federal immigration authorities. Section 242 makes it clear that it is a crime to willfully deprive a person of rights protected by the Constitution or federal law under 'color of law.' Most people arrested in immigration sweeps like "Charlotte's Web" have never been convicted of a crime. In this context, it is essential that state law enforcement agencies and district attorneys fully exercise their authority to investigate, indict, and prosecute violations of civil rights occurring within our state. This includes cases involving ICE and CBP personnel who deny due process, disregard habeas corpus, use excessive force against detainees or peaceful protesters, or obstruct lawful congressional oversight of detention facilities. North Carolina has both the legal authority and moral responsibility to act when individuals within its jurisdiction are deprived of their constitutional rights. Facilities such as operated by the 25+ local law enforcement agencies that have entered 287(g) agreements with ICE, the Mecklenburg County Jail and other ICE "Hold Rooms" like those in Hendersonville and Raleigh, which house immigration detainees, and the proposed facility at the Rivers Correctional Institution in Hertford County must remain subject to lawful inspection and accountability. Any effort to impede members of Congress from exercising their statutory oversight responsibilities should be treated with the seriousness it deserves. I urge you to provide clear guidance, resources, and support to ensure that state and local authorities are prepared to pursue these cases where appropriate. Transparency in these efforts will be critical to maintaining public trust and upholding the rule of law. Thank you for your attention to this urgent matter and for your service to the people of North Carolina.