NC could soon impose harsher sentences for illegal immigrants

A new bill under consideration in the North Carolina House could increase felony charges for individuals unlawfully present in the United States, particularly illegal immigrants with prior federal immigration convictions.

The bill (HB 261) would bolster charges against illegal immigrants convicted of crimes, something Rep. Laura Budd, D-Mecklenburg, questioned during the House Judiciary 1 Committee meeting.

“Why the enhancement of a sentence for someone who’s not here legally? Are we punishing them just because they’re not here legally with papers? Is that why we’re going to ramp up the punishment?” asked Budd.

“Yes, Ma’am,” responded Jackson. “It’s for people that have come here and already have been convicted of being here illegally, and to let them know you can’t come to North Carolina and commit serious crimes.”

If passed, the bill would increase felony charges by one or two classes for individuals unlawfully present in the United States, especially those with prior federal immigration convictions.

During pubic testimony, Chuck Spahos, General Counsel with the North Carolina Conference of District Attorneys, clarified that the sentence enhancement provision only applies to a person convicted of a felony who is found to have previously been convicted of re-entry or removal.

“So you have to have been illegally in this country, convicted in federal court, and removed, re-entered this state, and committed a new felony before this provision would apply,” Spahos said.

Some speakers against the bill argued that the law is discriminatory and unconstitutional.

“I think this bill is likely unconstitutional,” said Mark Swallow, a representative with the left-wing group Democracy Out Loud. “Immigration status is a civil matter not a criminal one. Being undocumented is not itself a criminal offense under US law. Equal protection, due process rights under the US Constitution apply to everyone, regardless of immigration status.”

The committee also passed a bill that would alter death penalty laws in North Carolina. The legislation (HB 260) would allow death row inmates to choose their method of execution, no longer relying solely on the lethal injection “cocktail.”

“The death penalty has pretty much been on a moratorium since 2006,” said Rep. David Willis, R-Union. “It’s been tied up in court for a number of reasons. This bill would follow South Carolina law that was recently enacted that got around those legal challenges and has been moved forward successfully.”

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