NC legislature completes veto override of school voucher, immigration bill HB 10

RALEIGH, N.C. (WTVD) -- The Republican-led North Carolina legislature completed its override of Gov. Roy Cooper's veto of legislation that both approves more funds for private school scholarship grants for recipients of all incomes and directs local sheriffs to comply with federal immigration agents' requests to detain certain inmates.

The Senate voted Wednesday to enact the bill despite Cooper's objections, one day after the House voted for a similar result. Republicans hold veto-proof majorities in each chamber.

The bill, which is now law, means that a large windfall of funding - about $463 million - will be provided to the Opportunity Scholarship program in part to eliminate a waitlist of families who otherwise qualified beginning in the fall for grants to attend private or religious K-12 schools.

"A historic expansion of parental school choice is now a reality in North Carolina," Parents for Educational Freedom in North Carolina President Mike Long said after Wednesday's vote, and he added that the legislature sent "a clear message that our state will continue to invest in students over systems."

When the General Assembly eliminated income caps for recipient families on the program last year - leading to skyrocketing interest - 55,000 children were otherwise unable to access the aid because GOP lawmakers initially this summer were unable to agree on appropriating additional funds.

They reached a deal in September, inserting it into a broader budget adjustment measure. But also added was another change long-sought by Republicans to compel elected North Carolina sheriffs to comply with U.S. Immigration and Customs Enforcement detainers - a request for local law enforcement to temporarily hold inmates believed to be in the country illegally so the agency can pick them up. An inmate can be held for up to 48 hours under the law.

Cooper vetoed the omnibus bill in September, with his veto message focusing mainly on the private school vouchers. He said the large amount of money now and in the foreseeable future for the program would damage public schools that they say aren't funded enough as is.

"We cannot afford this," Sen. Natasha Marcus, a Mecklenburg County Democrat, said during the short Senate debate. "This is a budget-busting expense that more than doubles the already significant voucher program in North Carolina."

The Opportunity Scholarship program began nearly a decade ago and benefitted low- and later middle-income families. But Republicans in 2023 made the program universal, meaning even students from the richest families get scholarship payments - albeit smaller amounts than poorer families - in the name of offering school choice options for everyone. The newly enacted law allows award winners to be reimbursed through grant funds for tuition they paid for the fall semester.

The immigration provisions have been contained in bills since 2019 that Cooper vetoed while the GOP lacked a veto-proof majority. Such a supermajority was restored in April 2023, leading to more than two dozen overrides since then.

The legislation's supporters have repeatedly said it will keep communities safer by forcing sheriffs in predominantly Democratic counties, such as Durham and Wake, to adhere to detainers. One of the bill's sponsors and the likely next House speaker, Rep. Destin Hall, also referenced voters' choice to reelect President-elect Donald Trump - who made concerns about illegal immigration a mainstay of his campaign - as a seeming mandate to push the legislation.

The issue resonated with voters in the wake of the shocking Laken Riley case, in which the nursing student's killer, a migrant in the country illegally, was sentenced to life in prison Wednesday.

"The bill itself is purely common sense," Senate leader Phil Berger after Wednesday's 30-19 vote. "I question why anyone in law enforcement - these elected sheriffs - would deny a community the safety that is allowed by taking the process in this way."

Opponents of the bill said it will put immigrants in danger of being unfairly targeted by law enforcement.

"We will be working in the weeks to come to inform and prepare our community to face any challenges this new law will bring," North Carolina-based El Pueblo said after the final vote while expressing its disappointment. "And next year, we will continue to fight for the rights of our immigrant community."

Wake County Sheriff Willie Rowe, who was critical of HB10's provisions, issued a statement Wednesday night in response to the bill becoming law:

"First and foremost, my priority remains the safety and well-being of Wake County residents, and I believe effective public safety depends on collaboration, not fear. Following the state legislature's decision to override the Governor's veto of House Bill 10 (HB 10), I want to reaffirm my concerns about the impacts of this law.

While the Wake County Sheriff's Office already complies with North Carolina General Statute 162-62, which requires notification of federal authorities in certain circumstances, I remain concerned that this bill, and any misunderstanding of it, may make our immigrant community hesitant to call for law enforcement assistance, thus increasing the likelihood that they may be subjected to victimization.

I want residents to know that HB 10 does not allow law enforcement officers to detain someone simply because the officer suspects that they are in this country illegally. The bill requires our agency to determine if an individual who has been arrested and charged with very specific, egregious crimes is a legal resident of the United States. If our agency is unable to determine that person's residence status, we then must notify ICE.

Despite these challenges, the Wake County Sheriff's Office will continue to maintain strong working relationships with our local, state, and federal partners while maintaining our commitment to serving everyone in our community. Collaboration across all levels of government is essential to public safety, and our partnerships remain focused on protecting the people of Wake County while upholding their trust and confidence.

I also reiterate my call for meaningful immigration reform at the federal level. Congress must enact policies that provide sufficient resources to secure our country's border effectively, efficiently, and in a humane manner.

As Sheriff, I remain committed to keeping Wake County a safe place to live, study, work, and visit."

The voucher money transfer takes effect immediately, while formal cooperation by sheriffs with ICE agents starts Dec. 1.

The Associated Press contributed.