NC Legislature Approves Bill on School Vouchers, ICE Cooperation Mandate

Law enforcement stand guard outside the state Capitol in downtown Raleigh, N.C., on Jan. 17, 2021. Logan Cyrus/AFP via Getty Images

The North Carolina General Assembly passed an omnibus bill that funds private school vouchers through the 2031–2032 academic year and requires sheriff’s departments to notify federal authorities when illegal immigrants are held at county jails.

HB 10 passed the state Senate 27–17 on Sept. 9 and the House 67–43 on Sept. 11. Gov. Roy Cooper, a Democrat, opposed earlier versions of the bill, but the Legislature’s Republican majority could override a veto if he doesn’t sign it.

Before voting inside the House in Raleigh on Sept. 11, state Rep. Dean Arp, a Republican, said that in addition to the school voucher and Immigration and Customs Enforcement (ICE) provisions, the $1.1 billion spending bill provides more money for community colleges, K–12 special needs programs, Medicaid reimbursements, wages for jail inspectors, broadband improvements, and infrastructure improvements in various counties.

The Opportunity Scholarship program, created in 2013, currently provides private school vouchers of $3,000 to $7,000 per student, depending on household income, according to the program webpage.

According to the bill, vouchers will be provided for more than $191 million this academic year, increasing to $626 million next year and $800 million in its final year, 2031–2032.

Arp said the bill would retroactively cover the 55,000 students awaiting private school vouchers for the current academic year.

The law enforcement section of the bill requires county sheriff’s departments to inform ICE when criminal suspects held at county jails cannot provide proof of legal U.S. residency. This long-established protocol has been ignored in sanctuary counties that shield illegal immigrants from federal authorities.

The law could transform the measure from a recommended practice to a mandatory one, authorizing the state attorney general’s office to take action against any local police agencies that don’t comply, though jails are usually maintained at the county level.

During the committee meeting and public hearing on Sept. 11, immigration advocates voiced opposition to the law enforcement component of the bill, saying it would separate families, encourage racial profiling, and vilify and victimize the immigrant community.

State Rep. Destin Hall, a Republican, said the law does not add measures to deport illegal immigrants. Instead, it’s specific to illegal immigrants arrested and jailed for violent or serious crimes, not traffic tickets or minor violations. ICE agents will still conduct investigations in every county, serve warrants, and make arrests, and the cooperation of all county sheriff’s departments improves public safety, he said.

Much of what was heard was “factually incorrect,” Hall said, adding that the law would require a sheriff’s department to hold illegal immigrant suspects for up to 48 hours for ICE, even if they make bail.

“This is not going out and looking for folks that may be here illegally,” he said.

Only one public member spoke against the school voucher section of the bill. Karen Ziegler of the Democracy Out Loud organization said it contradicts the interest of most North Carolina residents and further impoverishes public schools.

Ahead of the legislative session, the North Carolina Association of Educators teachers union introduced a public information campaign opposing the voucher program, calling it “dangerously irresponsible for the financial health” of the state government.

“If this plan goes through, North Carolina schools will continue to be outpaced by states like Virginia and South Carolina, and we risk our students falling further behind,” union President Tamika Walker Kelly said in a Sept. 6 statement. “Our students deserve better. They deserve an excellent teacher in every classroom and high-quality schools that will continue to prepare them for the future.”

Mike Long, president of Parents for Educational Freedom in North Carolina, applauded the bill in his Sept. 6 statement, saying the Opportunity Scholarship program will continue to fund “students over systems.”

Before the Sept. 11 vote, Democrats opposed the bill and criticized its ICE and private school voucher provisions.

Rep. Maria Cervania said the lack of probable cause for holding suspects for ICE could make the state vulnerable to civil rights lawsuits.

Rep. Laura Budd said such laws “roll up the welcome mat” and tarnish the state and nation’s global reputation as a place that’s open for business.

“If we really want to be No. 1 and stay No. 1, this is the exact opposite approach to be successful,” she said.

State Rep. Marcia Morey, a Democrat, criticized her colleagues for combining the prior three-page ICE bill with the private school voucher funding and the many other line items. She said such actions hide transparency, lack public input, and obstruct lawmakers’ ability to make amendments.

“I object to this magical reconstruction of HB-10,” she said. “Now it’s a conference report.”

Republican Rep. Ken Fontenot, in turn, criticized those who didn’t support greater cooperation between law enforcement and ICE on the anniversary of Sept. 11, 2001. Investigations after the terror attack revealed a lack of cooperation between law enforcement agencies.

“Cooperation with law enforcement—this is a basic tenet of a country that’s effective,” Fontenot said. “When we don’t cooperate, the only people who benefit are the ones who commit crimes.”

Fontenot said he recently met with seven mothers whose children fatally overdosed on fentanyl that was smuggled into the United States over the southern border.