HB 135 - Prohibits "Sanctuary" Cities - North Carolina Key Vote

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Title: Prohibits "Sanctuary" Cities

Vote Smart's Synopsis:

Vote to pass a bill that prohibits "sanctuary" ordinances or restricting enforcement of immigration laws.

Highlights:

 

  • Specifies any county policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law is null and void (Sec. 1).

  • Specifies any city policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law is null and void (Sec. 2).

  • Authorizes any person to bring action in the appropriate division of the General Court of Justice seeking an injunction for violations of these policies (Sec. 1).

  • Specifies the plaintiff does not need to allege or prove special damage different from that suffered by the public at large, and that it is not a defense to such action if there is an “adequate remedy at law” (Sec. 2).

  • Authorizes the court to allow a party that succeeds in obtaining injunctive relief to recover their reasonable attorneys’ fees, but not assess attorney fees against the governmental body or unit acted in reasonable reliance on  either of the following (Sec. 2):

    • A judgment or an order of a court applicable to the governmental unit/body; or

    • The published opinion of an appellate court, an order of the North Carolina Business Court, or a final order of the Trial Division of the General Court of Justice.

  • Requires the court to assess a reasonable attorneys’ fee against the party instituting the action if the court determines action was filed in bad faith or was frivolous and award it to the governmental unit or body filed against as part of the costs (Sec. 2).

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