HB 10 | House passes bill addressing school vouchers, ICE detainment requests

RALEIGH, N.C. (WTVD) -- The House voted to pass HB 10 on Wednesday afternoon, a wide-reaching measure that will provide money for Opportunity Scholarships and require local sheriff's to honor ICE detainment requests in certain situations.

Supporters of school choice applauded the move, as the bill provides funding to clear the backlog of 55,000 Opportunity Scholarship applicants who attend private schools. It calls for $248 million in nonrecurring funds for Opportunity Scholarships for all students attending private schools. Then, an additional $215 million in recurring funds.

"I think what our legislature is doing here is choosing to invest in students regardless of where they go," said Brian Jodice, Executive Vice President of Parents for Educational Freedom in North Carolina.

Since eligibility expanded, Jodice noted there has been a surge of applications.

"All we're asking for is let families go find the school that's the right fit for them. Let them find that learning environment that best meets the needs of their children," said Jodice.

Opponents expressed concern about a lack of support for public schools, believing it's not the state's place to provide this financial backing for private schools.

"We're concerned about the siphoning away of public dollars, taxpayer dollars, to a program that subsidizes private tuition for wealthy families," said Heba Atwa, Legislative Advocacy & Campaigns Manager with NC Budget & Tax Center.

"These vouchers don't benefit students with disabilities who want to go to public schools, and many of us really don't have any other choice. Private schools don't accept us. There are barriers to learning there," added Susan Book, the Parent Engagement Coordinator with Every Child NC. Book is also the mother of a Wake County ninth-grader who has autism.

In a statement before Wednesday's vote, Gov. Roy Cooper criticized the measure, writing:

"Instead of finally giving public school teachers the raises they deserve or tackling the child care crisis, Republicans are draining hundreds of millions of taxpayer dollars from public schools to give it to private school vouchers for the wealthiest people. Rural public schools will be hit the hardest in funding losses while urban private schools will get the most taxpayer money in this voucher scheme. I urge every North Carolinian to tell their legislators to vote against this harmful expansion of private school vouchers. Our students, families and communities deserve better."

Following the vote, North Carolina Association of Educators Vice President Bryan Proffitt shared his reaction.

"Public dollars shouldn't be going to private schools. Private schools are not held to the same standard as other schools in our state. They don't have to feed kids breakfast or lunch. They don't have to meet the needs of kids with disabilities," said Proffitt.

The North Carolina Values Coalition, however, lauded the decision.

"I applaud the House and Senate's decision to agree to increase funding for Opportunity Scholarships in response to the overwhelming number of applicants who are eager to send their children to successful schools of their choice," said NC Values Executive Director Tami Fitzgerald. "Indoctrination has taken priority over teaching basics like reading, math, history and science, and it shows in test scores. Parents are tired of their children being subjected to indoctrination with sexually explicit books ... The freedom for parents to choose which school is best for their child, regardless of income, is one of our most basic liberties."

Immigration Enforcement Also A Hot Topic

During a House committee hearing Wednesday morning, the bulk of attention was on the immigration enforcement aspect of HB 10. Several speakers signed up to voice their dissent. The bill states that in the event of an ICE detainment request, sheriffs will need to hold people who are undocumented and charged with certain crimes for at least 48 hours before they can be released.

"It's going to create a state of even more fear for families and workers and people who are the foundation of this state. And I'm here to oppose it because I don't want the place that I call home as an immigrant myself to be a place that criminalizes the existence of us in this state," said Jasmina Nogo, an immigration staff attorney with the North Carolina Justice Center.

Mario Alfaro, a policy manager with the nonprofit group El Pueblo, added: "They are using these hate language to promote a bill that will be, can be used by law enforcement agencies to detain undocumented population."

Currently, local sheriffs can decide whether or not they will comply with such ICE detainment requests. Critics of the measure likened it to the existing 287g agreement, a program that drew attention during the 2018 Wake County sheriff's race. The 287g program allowed sheriff's offices to turn over undocumented immigrants charged with crimes to federal authorities, as well as allowed local officers to serve arrest warrants for immigration violations. However, Rep. Destin Hall said this measure is not as far-reaching.

"This only applies to serious felonies, folks who have committed either serious felonies, violent felonies or violent misdemeanors, things like assault on a female, which would be an A-1 misdemeanor," said Hall, a Republican.

House Speaker Tim Moore, R-Cleveland, added: "We're dealing with thousands of people who are in this state who shouldn't be here. And we're dealing unfortunately with folks who are here (and) aren't supposed to be here and are committing serious crimes. This bill today makes it very clear, that when someone is arrested and charged with a violent crime, that sheriffs must cooperate with ICE.

The bill will now go to Cooper's desk. Should Cooper veto the legislation, Moore said he believes that the legislature has the necessary votes for an override; Republicans hold supermajorities in both the House and Senate.