North Carolina State Immigration Laws
Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
Welcome to FindLaw's coverage of existing North Carolina legislation and rules related to individuals' immigration status. Below you will find information on what, if any, rules North Carolina has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Law Enforcement and Immigration in North Carolina
As part of the 287(g) Immigration and Customs Enforcement (ICE) ACCESS Program, a number of North Carolina jurisdictions (Alamance, Cabarrus, Gaston, Guilford, Henderson, Mecklenburg, Cumberland and Wake Counties; Durham City) share information with regard to law enforcement and federal immigration laws.
Under a federal program called "Secure Communities," all arrestees are fingerprinted and run through a federal database which checks their criminal record and immigration status.
Employment Checks
State government new hires must be screened for verification of 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 Oct. 2012).
Driver's License/ID Requirements
Valid Social Security Number is required for obtaining a North Carolina driver's license.
Public Benefits Restrictions
Under federal law, illegal immigrants are prohibited from receiving most public benefits. However, they are allowed to receive emergency services, health care and other programs that have been deemed "necessary to protect life and safety."
Education Checks
N/A
Voting ID Rules
No state-mandated voter ID requirement.
Housing Ordinances and Immigration
N/A
Related Resources
- The Costs and Consequences of Local Immigration Enforcement in North Carolina Communities - Critical analysis of the state's involvement in the federal 287(g) program (PDF, University of North Carolina at Chapel Hill).
- Know Your Rights - Guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations).
Next Steps
Contact a qualified immigration attorney to help you get the best results possible.