Immigration (Enforcement)

SB 71, the "Anti-Sanctuary City Act," prohibits New Hampshire local governments (counties, municipalities, and other local entities) from blocking state or federal law enforcement from complying with federal immigration laws (Title 8 of the U.S. Code). The bill allows the state Attorney General to sue local entities that violate this law, seeking court-ordered remedies including injunctions and fines up to 25% of the local entity’s state funds from the previous fiscal year. Violations would require the Attorney General to specify the violating policy in court findings. The law takes effect January 1, 2026, and does not impose direct costs on the state but may require Attorney General resources for enforcement.

HB 1142 requires state, county, and local law enforcement officers participating in the federal 287(g) immigration enforcement program to identify themselves by name, badge number, and agency while operating under that agreement, and to remain unmasked during such operations. The bill directly affects officers in New Hampshire who assist with federal immigration enforcement through the 287(g) program. It establishes procedural requirements for transparency and accountability during these operations but does not change immigration enforcement policies or practices. The bill amends RSA 106-P and takes effect 60 days after enactment.

HB 1822 requires state, county, and local law enforcement agencies and correctional facilities to submit semi-annual reports to the Attorney General about individuals detained for civil immigration violations (including under immigration detainers or federal 287(g) agreements). Reports must include the number of people detained and the length of each detention, with the first reports due December 31, 2026. The Attorney General must then summarize this data in a semi-annual report to the Governor, Senate President, and House Speaker, starting February 1, 2027. The bill imposes no new funding but notes potential administrative costs for the Attorney General’s office.

HB 1570 requires New Hampshire law enforcement agencies to obtain written approval from their local budget authority before entering federal immigration enforcement agreements (Section 287(g) agreements with ICE). The budget authority must review the agreement, consider the estimated yearly cost to the agency (including employee hours), and notify residents before authorizing participation. Agencies must submit quarterly reports detailing costs, officer activities, and federal reimbursements, and the budget authority can terminate the agreement at any time due to cost concerns. Failure to comply results in the state withholding all state funding from the agency.

HB 1609 prohibits New Hampshire state, county, and municipal governments from using public funds or property to build, operate, or pay for immigrant detention facilities, particularly those managed by private companies. It bans spending on construction, renovation, repurposing public property for detention, selling public property for such use, and making payments to private detention operators. The bill does not affect existing 287(g) agreements between local law enforcement and federal immigration authorities or the provision of health and safety services to detained individuals. Counties may face potential revenue losses if they stop cooperating with federal immigration programs, but municipalities are not expected to have financial impacts.

This bill requires New Hampshire state and local law enforcement officers who assist U.S. Immigration and Customs Enforcement (ICE) under the federal 287(g) program to display their name or badge number, refrain from wearing facial coverings, and keep body-worn cameras active during these duties. It mandates that law enforcement agencies establish disciplinary measures for officers who violate these requirements and directs all complaints about violations to the state Department of Justice’s Civil Rights Unit for investigation. The bill applies only to officers participating in the 287(g) program and takes effect 60 days after enactment. It does not alter existing requirements for officers not engaged in federal immigration enforcement.