North Carolina State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in North Carolina. Find information on:

• Law enforcement and immigration in North Carolina
• Employment and immigration
• North Carolina E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help

Immigration rules continue to evolve. Anyone facing an immigration issue in North Carolina should speak with a local immigration attorney for up‑to‑date guidance.

What You Should Know About Title 8

The Title 42 public health order issued by the Centers for Disease Control and Prevention (CDC) ended in May 2023. Title 42 created more lenient restrictions on border crossings. Following its ending, the Department of Homeland Security (DHS) released a statement announcing “sweeping new measures to further reduce unlawful migration across the Western Hemisphere.”

The end of Title 42 marked a return to Title 8. This means:

• People crossing the border in an unauthorized way will be subject to “expedited removal authority in a matter of days.”
• People doing so “will be barred from reentry to the United States for at least five years if ordered removed.”
• People attempting such crossings are “ineligible for asylum under the proposed Circumvention of Lawful Pathways regulation.”

Certain exceptions apply in rare circumstances in the latter provision of Title 8. 

Law Enforcement and Immigration in North Carolina

Various local governments in North Carolina work with federal immigration authorities to manage and enforce immigration-related matters. They do so in the 287(g) Immigration and Customs Enforcement (ICE) ACCESS Program.

Some North Carolina localities and agencies share information with ICE to assist in enforcing federal immigration laws. The ICE website provides a downloadable Excel document listing all participating agencies.

Employment Checks

The state government screens new hires to verify their legal residence. Also, refer to federal employment eligibility verification rules and the requirements for Form I-9.

North Carolina E-Verify Requirements

State employers must use E-Verify. Private employers with more than six employees must use E-Verify (beginning October 2012).

Driver’s License and ID Requirements

To get a driver’s license in North Carolina, applicants must prove their legal presence in the U.S. Applicants also must show:

• One document proving identity and date of birth​
• Social Security card or other document proving Social Security number
• One document verifying physical address in North Carolina (two are required if getting a REAL ID)
• A printed document proving liability insurance coverage 

Public Benefits Restrictions

Under federal law, immigrants here illegally can’t get most public benefits. But they can use emergency services and other services “necessary to protect life and safety.”

Education Checks and In-State Tuition

North Carolina requires students without proper documentation and Deferred Action for Childhood Arrivals (DACA) recipients to pay out-of-state tuition. It also bars them from state-funded financial aid. When enrolling in a state school, students without proper documentation may need to disclose their immigration statuses.

DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

State schools maintain compliance with relevant laws by collecting students’ status. But they only collect this information to determine tuition costs or financial aid eligibility. 

Voting ID Rules

Voters must show identification when voting in North Carolina. You may use a driver’s license as identification. But North Carolina also accepts other forms of photo identification.

All voters can vote with or without an ID. If a voter doesn’t have a photo ID, they may still vote by filling out an ID Exception Form. Voters must mail their ballots.

Housing Ordinances and Immigration

North Carolina has no special housing ordinances on immigration. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Get Legal Help With Your  Immigration Issue

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues. 

An attorney can help you understand the local immigration rules in your area. They can also guide you through various immigration processes, such as:

• Navigating naturalization
• Applying for a green card or visa
• Facing a possible deportation or removal
• Appearing in immigration court
• Facilitating communications with U.S. Citizenship and Immigration Services (USCIS)
• Advocating for a loved one who has been detained
• Other immigration legal matters

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in North Carolina. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Low-income persons may find free or low-cost legal services through North Carolina Legal Aid. As a nonprofit organization, it offers no-cost legal assistance. Check with North Carolina Legal Aid to see if you qualify for free or low-cost services.

Outreach programs and providers can help noncitizens in North Carolina. Visit the North Carolina Department of Health and Human Services for more information on refugee programs.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.