Tipsheet

Roy Cooper's Immigration Detainer Veto Comes Back to Haunt His Senate Bid

Scott McClallen
Scott McClallen  |  May 06, 2026 6:30 PM

Former North Carolina Gov. Roy Cooper is running for an open U.S. Senate seat. But his soft-on-crime history might return to haunt him when it comes to supporting sanctuary cities and releasing violent criminal illegal aliens. 

In 2019, Cooper vetoed House Bill 370 in August 2019. That bill, if signed into law, would have forced local law enforcement to comply with detainers placed on illegal aliens by the federal government. 

"This legislation is simply about scoring partisan political points and using fear to divide North Carolina," Cooper wrote in the veto. "As the former top law enforcement officer of our state, I know that current law allows the state to jail and prosecute dangerous criminals regardless of immigration status. This bill, in addition to being unconstitutional, weakens law enforcement in North Carolina by mandating sheriffs to do the job of federal agents, using local resources that could hurt their ability to protect their counties." 

After Cooper vetoed the bill, local law enforcement released Jose Barajas-Diaz, an illegal alien from Mexico who was convicted in 2019 for felony death by motor vehicle. Mecklenburg County refused to honor a federal detainer and released the criminal.

Immigration and Customs Enforcement captured Barajas-Diaz later in 2019. 

ICE can lodge immigration detainers with local law enforcement who have arrested people on criminal charges. 

The goal of the detainer is so that local law enforcement can hold the suspected illegal alien until ICE can take custody. But dozens of sanctuary cities, counties, and states refuse to honor ICE detainers and instead release the criminal back into society.  

"Criminal illegals like Diaz should stay behind bars then be immediately deported, but thanks to Roy Cooper's weak, soft-on-crime policies, Diaz was turned loose. North Carolinians deserve a Senator who puts their safety first," said NRSC Regional Press Secretary Nick Puglia.