New Hampshire police chiefs appear divided over whether local law enforcement has the authority to arrest illegal immigrants for trespassing.
New Hampshire Public Radio's Dan Gorenstein has more.
Beginning in April, Hudson and New Ipswich Police have been arresting and ticketing people they believed to be illegal immigrants.
Those two departments are charging individuals- who are unable to produce legal documents- with criminal trespassing under state law.
Many in both law enforcement and legal circles consider that strategy 'creative' and 'unorthodox.'
And Salem Police Chief Paul Donovan says as the story picked up steam in the press, he figured he needed some legal advice.
13:04 I didn't want my officers reading newspapers and letters to the editor thinking this is ok, b/c there are people out there that think it's pretty good, and these chiefs are getting attention b/c they are making these arrests. That doesn't make something legal...
Donovan consulted lawyers he knew personally as well as the Rockingham Country attorney.
The Salem Chief says the lawyers all agreed: local police don't have the jurisdiction to determine whether a person is an illegal immigrant.
And Donovan says the Rockingham County Attorney went so far as to offer federal court case to underscore the point.
So the chief sent a memo out to his officers, arrest somebody for breaking New Hampshire law, like dealing drugs or shoplifting.
But leave immigration status to federal immigration officials.
3:35 I have to protect my town and my officers, that's one of my number one duties, but the main thing is it's our integrity, our accountability, we have to do what's right. And if the law says we don't have the authority, we don't have the authority and we can't overstep our bounds.
Donovan said he doesn't want to second guess the New Ipswich and Hudson chiefs.
But he did say he hoped they had received legal advice prior to stopping people for trespassing.
The New Ipswich Chief is on record saying the Attorney General's Office told him there is no case law that prevents local police from using the state's trespassing law the way he has.
Assistant Safety Commissioner Earl Sweeney says the matter is complicated and confusing.
Sweeney says the state police have asked the attorney general for advice on the matter.
2:02 the problem is determining with a vast variety and mismatch of immigration classifications. Whether a person is a refugee, asylee, tourist visa, passport, permanent non-citizen, illegal immigrant, alien absconder, so many types of documentation, very difficult for a police officer to recognize what is a legal document.
The attorney general's office confirmed that it provided guidance to the Department of Safety.
But citing attorney client privilege, the AG declined to discuss the substance of that guidance.
The Attorney General has not issued a formal legal opinion.
Earlier this month the New Hampshire Association of Chiefs of Police met at their annual conference.
Sweeney says many chiefs aren't sure how to handle undocumented people.
:56 there's a great sense of frustration b/c local police don't know what to do when they are confronted with a situation where it appears they are dealing with a person in the country illegally. And the federal authorities are not as responsive as what the local police would like.
Sweeney and other chiefs agree all eyes will be focused on the Jaffrey-Peterborough District Court July 12th.
That is when a judge has scheduled to hear the original case of a Mexican man arrested in New Ipswich for being in town illegally.
For NHPR News, I'm DG.
