Roy Cooper, his 2019 veto, and the release of a convicted criminal have become central talking points as he seeks a U.S. Senate seat, raising questions about local cooperation with federal immigration enforcement and public safety.
Former North Carolina governor Roy Cooper is running for an open U.S. Senate seat, and his record on immigration enforcement has moved from a past policy choice into a debate over voter safety. Opponents are pointing to his August 2019 veto of House Bill 370 as evidence that he prefers limits on local cooperation with federal immigration authorities. That veto and its aftermath are now being used to frame a larger argument about sanctuary policies and criminal releases.
In August 2019, Cooper vetoed House Bill 370, a measure designed to require local law enforcement to comply with federal immigration detainers. The bill would have directed sheriffs and other local officials to hold people for Immigration and Customs Enforcement when a detainer was issued. What followed is part of the political narrative being used against him in the Senate race.
Cooper explained his decision in a veto message that critics still quote verbatim: “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.”
Shortly after that veto, Mecklenburg County released Jose Barajas-Diaz, an undocumented immigrant from Mexico who had been convicted in 2019 for felony death by motor vehicle. Officials chose not to honor a federal detainer, and Barajas-Diaz was later taken into ICE custody after being released by local authorities. That sequence has been seized on by Republicans and law-and-order advocates to criticize Cooper’s approach to public safety.
The mechanics critics point to are straightforward: ICE can lodge immigration detainers with local law enforcement who have arrested people on criminal charges, and the intent is for local custody to be extended so ICE can take the suspect into federal custody. Dozens of jurisdictions across the country have policies that limit or refuse compliance with those detainers, and opponents argue those policies can lead to dangerous people being returned to the community instead of transferred to federal custody.
Supporters of stronger local-federal cooperation say this example shows the stakes in clear terms. “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. That line captures the central political strike: presenting the veto as a policy that undermines community safety.
Defenders of Cooper counter that forcing sheriffs to act as federal agents creates constitutional and practical problems for local law enforcement. They argue that mandating compliance can divert limited county resources, entangle local agencies in federal immigration litigation, and erode trust with immigrant communities, which can harm public safety in different ways. The policy dispute remains about whether the priority should be strict cooperation with federal detainers or preserving local control and constitutional safeguards.
The episode has translated into campaign messaging that ties a gubernatorial veto to tangible criminal justice outcomes that voters can grasp. As Cooper advances his Senate bid, his record on House Bill 370 and the Barajas-Diaz case will likely be referenced repeatedly by opponents who want to frame him as tolerant of sanctuary-style practices. Expect this clash over detainer policy, local discretion, and public safety to stay part of the conversation as the race develops.
