Reclaiming North Carolina
A side-by side comparison
of the proposed House Bill 786, An Act to Enact the Reasonable Enactment of
Comprehensive Legislation Addressing Immigration Matters in North Carolina (RECLAIM NC) and the North
Carolina Slave Code of 1715 reveals
similarities in every section, with a peculiar emphasis on identification. The similarities aren’t perfect, but
reminiscent and worthy of comparison.
Without a doubt, the slave code is cruel and heavy-handed.
Section & effect
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House Bill 786
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North Carolina Slave Code
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PART II. INCREASE PENALTIES FOR POSSESSION,
MANUFACTURE, OR SALE OF FALSE IDENTIFICATION DOCUMENTS
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Identification and Separation
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…it
shall be unlawful for any person to knowingly possess, manufacture, or sell a
false or fraudulent form of identification as defined in this section for the
purpose of deception, fraud, or other criminal conduct.
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If any
slave shall be guilty of producing any forged free pass or certificate, he or
she so offending, shall on conviction before any Justice of the peace, be
sentenced to receive as many lashes on his bare back, not exceeding
thirty-nine, as the said justice may in his discretion direct.
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PART
III. CREATION OF REBUTTABLE PRESUMPTION AGAINST THE PRETRIAL RELEASE OF
CERTAIN UNDOCUMENTED ALIENS
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Presumption of guilt
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no condition of release will reasonably assure
the appearance of the person as required and the safety of the community if
the person is unlawfully present in the United States
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All negroes, Indians, mulattoes,
and all persons of mixed blood, descended from negro and Indian ancestors, to
the fourth generation inclusive (though one ancestor of each generation may
have been a white person) whether bond or free, shall be deemed and taken to
be incapable in law to be witnesses in any case whatsoever, except against
each other.
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PART IV. REIMBURSEMENT OF COST OF
INCARCERATING UNDOCUMENTED ALIENS
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Economic marginalization
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… the Department of Public Safety or the
sentencing court, as appropriate, shall determine the amount to be deducted
from a prisoner's work‑release earnings to pay for the cost of the
prisoner's keep and to accumulate a reasonable sum to be paid the prisoner
when he is paroled or discharged
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the court shall direct the sheriff of the county where such fine
is imposed to hire out the free person of colour so convicted to any person
who will pay the fine for his services for the shortest space of time.
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PART V. AUTHORIZE IMMIGRATION STATUS CHECKS
FOR CERTAIN PERSONS WHO ARE LAWFULLY STOPPED, DETAINED, OR ARRESTED
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Presumption of guilt
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Verification of Status Authorized. – For
any lawful stop, detention, or arrest made by a law enforcement officer or
agency in the enforcement of any other law, where reasonable suspicion exists
that the person stopped, detained, or arrested is an alien who is unlawfully
present in the United States, the law enforcement officer or agency may make
a reasonable attempt to verify the immigration status of the person with the
federal government pursuant to subsection (c) of this section.
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If any negro who shall be taken up as a runaway, and brought
before any justice of the peace, will not declare the name of his or her
owner, such justice shall, in such case, and he is hereby required, by a
warrant under his hand, to commit the said negro slave to the gaol of the
county wherein he or she shall be taken up;
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PART VI. MISCELLANEOUS PROVISIONS
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Resettlement
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…a State or local law enforcement agency may
securely transport an alien who is in the agency's custody and whom the
agency has verified is unlawfully present in the United States to a federal
facility in this State or to any other point of transfer into federal custody
that is outside the jurisdiction of the law enforcement agency.
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Whenever a slave shall be
transported in consequence of the
provisions of this act, either by the
owner or the State, and such slave
shall ever thereafter voluntarily
return to, and be found in the State,
such slave shall suffer death without
benefit of clergy
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PART VII. PROHIBIT THE USE OF CERTAIN
DOCUMENTS FOR IDENTIFICATION PURPOSES
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Identification and
Separation
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The following documents shall not be
acceptable for use in determining a person's actual identity or residency by
a justice, judge, clerk, magistrate, law enforcement officer, or other
government official:
A matricula consular or other similar document
issued by a consulate or embassy of another country….
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No slave shall go from off the plantation or seat of land where
such slave shall be appointed to live without a certificate of leave, in
writing, for so doing from his or her master or overseer.
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PART VIII. E‑VERIFY CHANGES
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Economic
marginalization
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Contracts with
private entities; contractors must use E‑Verify.
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It shall not be lawful, under any pretence whatever, for any
person or persons to allow, his, her, or their slave, or any slave under his,
her, or their command or direction to hire, his, her or their time, under the
penalty of forfeiting the sum of forty dollars for each and every offence
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PART IX. REQUIRE UNDOCUMENTED ALIEN DRIVERS TO
OBTAIN RESTRICTED DRIVERS PERMITS
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Identification and separation
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a
restricted drivers permit or a restricted identification card issued under
subsection (t) of this section shall do all of the following:
(1)
Be printed in a vertical format, that distinguishes them from the horizontal
format.
And
4 similar provisions
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When the keeper of the said public jail shall, by direction of
such court as aforesaid, let out any runaway to hire to any person or persons
whomsoever, the said keeper shall at the time of his delivery, cause an iron
collar to be put on the neck of such runaway, with the letters P. G. stamped
thereon; and thereafter the said keeper shall not be answerable for any
escape of the said runaway.
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PART X. AUTHORIZE IMPOUNDMENT AND SALE OF VEHICLES
FOR DRIVING WHILE LICENSE REVOKED, DRIVING WITHOUT A LICENSE, AND DRIVING
WHILE FAILING TO MAINTAIN FINANCIAL RESPONSIBILITY
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Economic
marginalization
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A judge may determine whether a vehicle driven
at the time of the underlying offense becomes subject to an order of
forfeiture.
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No slave shall be permitted on any pretence whatever, to raise any
horses, cattle, hogs or sheep, but all such belonging to any slave, or in any
slave's mark, shall be seized and sold by the county.
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House Bill 218
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AN ACT
PROHIBITING ILLEGAL ALIENS FROM ATTENDING NORTH CAROLINA COMMUNITY
COLLEGES AND UNIVERSITIES.
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Punish
those who want an education
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Admission Prohibited. – A person who
does not have lawful immigration status under federal law shall not be
admitted to or take any class at a constituent institution of The University
of North Carolina
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If any slave shall teach or
attempt to teach, any other slave to read or write, the use of figures
excepted, he or she may be carried before any justice of the peace, and on
conviction thereof, shall be sentenced to receive thirty-nine lashes on his
or her bare back.
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