Mecklenburg sheriff says he’s held 163 undocumented people since House Bill 10 in NC
Immigration and Customs Enforcement did not pick up 163 undocumented people held at the Mecklenburg County jail since December, Sheriff Garry McFadden said in a Monday email to county commissioners.
McFadden told commissioners he wanted them to have his thoughts on House Bill 10, the state legislation that went into effect Dec. 1 and added further requirements that sheriffs cooperate with ICE, as well as House Bill 318, another GOP-sponsored bill now moving through the General Assembly that would mandate even further coordination by sheriffs.
The North Carolina legislation comes at a time when immigrants are afraid of promises by President Donald Trump for mass deportation, even of immigrants who have no criminal record.
“Given the escalating tensions in the region and nationwide, I anticipate further developments in the coming weeks and days,” McFadden wrote in his email. “As I’ve observed, there’s a nationwide trend ... where ICE, local, and state politics are increasingly intertwined with local sheriffs.”
Of the 163 undocumented people held since Dec. 1, ICE “has not yet removed any individuals from the Mecklenburg Detention Center into their custody,” the sheriff wrote in his email. “The estimated cost of these detentions to the Sheriff’s Office is $64,874.”
The 163 people represent less than 4% of the total admitted jail population of 4,234 during that time frame.
Last month, an ICE supervisor in Charlotte blamed McFadden when a Honduran national charged with domestic violence walked free. But McFadden’s staff followed their process, the sheriff said. ICE never showed up to take him into federal custody.
Other sheriffs have questioned if cooperating with the federal agency will hurt community trust and the fairness of jails footing the bill for federal inmates.
State House Speaker Destin Hall, a Republican who represents Caldwell County and part of Watauga County, introduced House Bill 318 after February’s controversy involving McFadden, a Democrat, and the Honduran man.
Among proposed changes in the new legislation is that sheriffs must notify an ICE office to remind the agency that someone ICE flagged is about to be let out, within two hours of the release.
McFadden wrote to commissioners that even if that bill became law, he anticipated ICE would continue to struggle to pick up people from local jails.
Ryan Oehrli covers criminal justice in the Charlotte region for The Charlotte Observer. His work is produced with financial support from the nonprofit The Just Trust. The Observer maintains full editorial control of its journalism.
This story was originally published March 19, 2025 at 5:00 AM.