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Lincoln County, NC Immigration Policy: Sanctuary Policy Preemption (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
Res. passed 6-18-2007
Citation
Lincoln County Code § 30.01
Arrest check
Sheriff checks immigration status at arrest
ICE cooperation
Sheriff may partner with ICE, detain for deportation
Funding cut
No local funding for programs serving illegal residents
Contracting
Ends contracts with businesses employing illegal residents

Summary

Lincoln County's Board of Commissioners adopted a formal policy directing county staff to stop funding programs serving “illegal residents” (the ordinance’s term), cut non-mandated program spending, and end contracts with businesses that employ them. The policy also directs the Sheriff to check immigration status on arrest and authorizes cooperation with Immigration and Customs Enforcement (ICE) to identify and detain undocumented arrestees for deportation.

These county ordinances apply to unincorporated areas of Lincoln County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) Generally. ... The Board of Commissioners establishes the following policies with respect to illegal residents and directs county staff as follows. (B) Specifically. (1) To cease and desist local funding for any local programs to the extent that they serve illegal residents; ... (4) To request the Sheriff to diligently battle the ever-increasing criminal element which is growing daily with the influx of illegal residents and to consistently check the immigration status of each undocumented resident upon his or her arrest by such available means as fingerprints, federally-verified social security numbers, and other accessible data; (5) To allow the Sheriff to partner with Immigration and Customs Enforcement (ICE) officials to verify undocumented residents during the investigation or processing of any public safety infraction or offense and detain for deportation any illegal residents so identified; and

Full Breakdown

01 in Chapter 30 (County Policies), Title III: Administration, this is the opposite of a sanctuary policy: the Board of Commissioners directs county staff, with respect to “illegal residents” (the ordinance’s term), to take six specific actions rather than leaving enforcement to state law alone. First, the county ceases local funding for any local program to the extent it serves undocumented residents, and reduces spending on federally- and state-funded non-mandated programs that serve them. Second, the county will not contract with local or out-of-county businesses that employ or use identifiable undocumented residents where county tax dollars are spent.

Third, and most consequential day to day, the policy directs the Sheriff to consistently check the immigration status of each undocumented resident upon arrest, using fingerprints, federally-verified Social Security numbers, and other accessible data. Fourth, it affirmatively allows the Sheriff's Office to partner with Immigration and Customs Enforcement (ICE) to verify status during any public safety investigation and to detain identified undocumented residents for deportation. Finally, every county department is directed to reduce discretionary services to illegal aliens wherever it has the information to do so.

Because this is a Board resolution embedded in the general code rather than a state mandate, it binds Lincoln County government operations and the Lincoln County Sheriff's Office, distinct from whatever policy the City of Lincolnton sets for its own police department within its own limits.

Violations & Fines

Section 30.01 is a Board policy directing county staff and the Sheriff, not a criminal offense provision aimed at the public, so it carries no fine or citation of its own. Compliance is administrative: enforced through the Sheriff's booking procedures (immigration status checks at arrest) and through county contracting and funding decisions rather than court penalties.

Frequently Asked Questions

Is Lincoln County a sanctuary county?
No. Under Code § 30.01, the Board of Commissioners directs the Sheriff to check immigration status at arrest and authorizes cooperation with ICE to identify and detain “illegal residents” (the ordinance’s term) for deportation, which is the opposite of a sanctuary policy.
Does this policy apply inside the City of Lincolnton?
Section 30.01 is a Lincoln County Board of Commissioners policy governing county government, county-funded programs, and the Lincoln County Sheriff's Office. It does not set policy for the City of Lincolnton's own police department within Lincolnton's limits.
Can county money go to a contractor who employs undocumented workers?
No. The policy directs the county to discontinue contracting with any local or out-of-county business employing or using identifiable “illegal residents” (the ordinance’s term) wherever county tax dollars are being expended on that contract.
What happens to someone arrested in unincorporated Lincoln County?
The Sheriff is directed to check the arrestee's immigration status using fingerprints, federally-verified Social Security numbers, and other accessible data, and may partner with ICE to verify status and detain identified “illegal residents” (the ordinance’s term) for deportation.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

Compare Lincoln County to another location·View the North Carolina immigration policy overview

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