A new bill filed by State Rep. Brian Biggs in the North Carolina House seeks to strengthen sentencing for crimes connected to immigration violations and related criminal activity, according to the North Carolina State House.
The bill, filed as HB 261 on March 3 during the 2025 regular session, was formally listed with the short title: ‘Sent. Enhancement/Immigration-Related Crimes.’
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
In essence, this bill implements sentence enhancements for individuals convicted of certain felonies or misdemeanors while committing immigration-related offenses or engaging in criminal activity in North Carolina. It prescribes that individuals unlawfully present in the U.S. who are convicted of a felony, excluding Class A felonies, will face a sentencing increase of one class if deported previously or two classes if previously convicted of re-entering the U.S. illegally. Additionally, those involved in felony or misdemeanor offenses while conspiring to further criminal activity will also face a one-class upgrade in sentencing, but a Class A1 misdemeanor elevated to a Class I felony. The bill requires proof beyond a reasonable doubt, unless a guilty plea is made, and it becomes effective December 1, 2025, applicable to offenses from that date.
Of the four sponsors of this bill, Bill Ward proposed the most bills (17) during the 2025 regular session.
Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.
You can read more about the bills and other measures here.
Biggs, a Republican, was elected to the North Carolina State House in 2023 to represent the state’s 70th House district, replacing previous state representative Patricia Hurley.
| Authors | Bill Number | Date Filed | Title |
|---|---|---|---|
| Brian Biggs, Bill Ward, Jennifer Balkcom, and Neal Jackson | HB 261 | 03/03/2025 | Sent. Enhancement/Immigration-Related Crimes. |
| Brian Biggs, Brenden H. Jones, Brian Echevarria, and Neal Jackson | HB 244 | 02/27/2025 | Depoliticize Government Property Act. |
| Brian Biggs, Charles Smith, and Jarrod Lowery | HB 217 | 02/25/2025 | Driver Educ./18 Yrs & Older & Unlicensed. |
| Brian Biggs, Jennifer Balkcom, John R. Bell, IV, and Neal Jackson | HB 186 | 02/24/2025 | The Stars and Stripes Commitment Act. |
| Brian Biggs | HB 161 | 02/21/2025 | Restore Down-Zoning Auth./Randolph Co. |
| Brian Biggs, David Willis, Hugh Blackwell, and John A. Torbett | HB 144 | 02/17/2025 | Elect SBE/Superintendent as SBE Chair. |
| Brian Biggs, Allen Chesser, and Jarrod Lowery | HB 112 | 02/12/2025 | Increase Permissible Interstate Speed Limit. |
| Brian Biggs, Julia C. Howard, Kyle Hall, and Steve Tyson | HB 96 | 02/11/2025 | Expedited Removal of Unauthorized Persons. |
| Brian Biggs, Donnie Loftis, John A. Torbett, and Kelly E. Hastings | HB 86 | 02/10/2025 | Citizens’ Expungement Clarification of 2025. |
| Brian Biggs, Blair Eddins, Mike Schietzelt, and Neal Jackson | HB 87 | 02/10/2025 | Cell Phone-Free Education. |
| Brian Biggs, Donny Lambeth, Larry W. Potts, and Tricia Ann Cotham | HB 60 | 02/04/2025 | Modernize Medicaid Dental Rates. |
| Brian Biggs, Kyle Hall, Neal Jackson, and Stephen M. Ross | HB 31 | 02/03/2025 | Make Election Day A State Holiday. |
| Brian Biggs, Celeste C. Cairns, Erin Paré, and Keith Kidwell | HB 4 | 01/29/2025 | Sam’s Law. |
