North Carolina Iryna’s Law Brings ICE into Pre-Trial Release – Here’s Why it Matters

With the passage of House Bill 307, now codified as Session Law 2025-93, North Carolina has overhauled many aspects of its criminal procedure, including pretrial release. One of the most significant and controversial changes appears in § 15A-534(d4).

This provision explicitly integrates immigration-status verification into the pretrial release process for defendants charged with any felony or certain Class A1 misdemeanors.

What the Law Says:

Section 15A-534(d4) now provides that when a judicial official is determining pretrial release for a defendant charged with:  (1) any felony, (2) a Class A1 misdemeanor under Articles 6A, 7B, or 8 of Chapter 14, (3) any violation of G.S. 50B-4.1 (DVPO violations), or (4) any impaired-driving offense, the court must attempt to determine the defendant’s citizenship or lawful residency status. If the judicial official cannot make that determination “by inquiry or by examination of relevant documents,” the statute requires the defendant to be:

1. Committed to a detention facility under G.S. 15A-521;
2. Fingerprint-processed;
3. Subject to a query of U.S. Immigration and Customs Enforcement (ICE); and
4. Held up to two hours pending an ICE response.

If no detainer or administrative warrant is received within that two-hour window, the defendant must be released under the conditions previously set by the court. However, if ICE issues a detainer and administrative warrant, the defendant must be “processed pursuant to G.S. 162-62(b1).

The companion statute, G.S. 162-62(b1), governs how local jail officials must handle an ICE detainer once received. Under this section, a jailer or sheriff is required to honor the ICE detainer by holding the defendant for transfer to federal immigration authorities. In practice, this means that even if a defendant qualifies for pretrial release under state law, they may remain in custody pending ICE pickup. See G.S. 162-62(b1). Together, these provisions create a direct pipeline from North Carolina’s criminal pretrial process to federal immigration enforcement.

The law applies to any felony and to certain Class A1 misdemeanors under the following sections of Chapter 14:

• Battery on an unborn child – G.S. 14-23.6
• Sexual battery – G.S. 14-27.33
• Assault on individuals with a disability – G.S. 14-32.1
• Misdemeanor crime of domestic violence – G.S. 14-32.5
• Assault on a female (AOF) – G.S. 14-33(c)(2)
• Assault on a government officer (AGO) – G.S. 14-33(c)(4)
• Assault on a pregnant woman – G.S. 14-33(c)(2a)
• Assault on a child under 12 – G.S. 14-33(c)(3)
• Assault on a school employee – G.S. 14-33(c)(6)
• Assault on a public employee – G.S. 14-33(c)(7)
• Assault with a deadly weapon (AWDW) – G.S. 14-33(d)
• Assault on a TNC (rideshare) driver – G.S. 14-33(c)(9)
• Assault on a company police officer – G.S. 14-33(c)(8)
• Assault by pointing a gun – G.S. 14-34
• Criminal use of a laser device – G.S. 14-34.8

These are all Class A1 misdemeanors, the most serious misdemeanor level in North Carolina, and under HB 307 they now trigger mandatory immigration-status screening during pretrial release.

Practical Implications for Undocumented Defendants

Let’s be clear: this law doesn’t just “check” someone’s status. It creates a direct line between North Carolina’s criminal courts and federal immigration enforcement:

1. Pretrial Release May Be Delayed

Even when the court sets a bond or release condition, undocumented individuals or anyone unable to produce documentation proving lawful status may face an automatichold of up to two hours while ICE is queried. In some counties, where fingerprint or ICE systems are not immediately accessible, this could mean longer detentions in practice. Because § 15A-534(d4) intertwines immigration verification with pretrial decision-making, undocumented defendants will likely face stricter bond conditions, such as secured bonds or house arrest under subsection (a)(5). Judicial officials are already directed elsewhere in HB 307 to favor secured release for violent offenses. Now, citizenship status adds another layer of scrutiny.

2. Risk of ICE Detainers

If ICE issues a detainer during the query period, G.S. 162-62(b1) authorizes the sheriff to hold the person for transfer to federal custody. This may lead to immigration detention or removal even before the state criminal case is resolved.

3. Unequal Impact

Although the statute is facially neutral, meaning it applies to all defendants whose legal status is uncertain, it effectively targets non-citizens, especially those without documentation. Defendants who cannot immediately produce proof of lawful status will experience detention and ICE exposure that U.S. citizens will not.

North Carolina’s new pretrial release law under § 15A-534(d4) blurs the line between criminal court and immigration enforcement in ways that will directly affect defendants who are not U.S. citizens. Even a short delay during the ICE verification process can have serious, long-term consequences. If you or someone you care about is undocumented or has uncertain immigration status and is facing criminal charges in North Carolina, don’t wait to get help. Speak with an experienced criminal defense attorney immediately to protect your rights and navigate the pretrial process.

It’s also critical to consult with an immigration attorney in your area who can advise on how the criminal charges and any ICE involvement could impact your immigration status, future eligibility for relief, or ability to remain in the United States. Having the right legal team early on can make all the difference between a manageable case and a crisis that spirals into multiple systems at once.