Anti-sanctuary city bills signed by Gov. Kelly Ayotte will go into effect with the start of the new year, but just how much impact they will have in New Hampshire is open to debate.
The U.S. Department of Justice’s list of states, cities and counties with policies that impede enforcement of federal immigration law does not include any jurisdiction in the Granite State.
Ayotte, a Republican, signed Senate Bill 62 and House Bill 511 on May 22 with much fanfare. She was surrounded by Republican lawmakers in the Executive Council chamber, where posters were displayed reading “Sanctuary Cities BANNED,” and “DON’T MASS UP New Hampshire.”
Proponents of the bills say reducing illegal immigration is a legitimate priority and that there are high-profile examples of violent crime perpetrated by people without legal right to be in the U.S.
Opponents contend such measures gin up dangerous anti-immigrant sentiment for political gain rather than solve a complex problem that is not the province of police agencies funded by local taxpayers.
Both bills have language prohibiting “sanctuary city” policies that limit local cooperation with federal officials to enforce immigration laws.
Peterborough has a 2017 ordinance that says town officials “shall not inquire into the immigration or citizenship status of an individual except when the inquiry relates to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law.”
But HB 511 actually “prohibits New Hampshire law enforcement agencies from investigating an inmate’s citizenship status unless subsequent to an alleged violation of New Hampshire law or pursuant to an authorization by law.”
Another provision of the bill requires law enforcement agencies to comply with immigration detainers for someone being held in jail as part of an investigation of a crime.
SB 62 has similar wording but also authorizes county jails to hold people subject to ICE detention orders for up to 48 hours following the resolution of their state charges.
Ayotte made illegal immigration and anti-Massachusetts sentiment part of her platform in running for governor last year. She highlighted these issues when she signed SB 62 and HB 511.
“I said from the beginning that we won’t let our state go the way of Massachusetts and their billion-dollar illegal immigrant crisis,” she said.
“Today, we’re delivering on our promise by banning sanctuary cities and supporting law enforcement cooperation with federal immigration authorities. New Hampshire will never be a sanctuary for criminals, and we will keep working every day to remain the safest state in the nation.”
Those testifying against the bills included representatives with the American Civil Liberties Union, the Roman Catholic Church, the N.H. Association of Counties and the N.H. Municipal Association.
Sen. Tara Reardon, a Concord Democrat, spoke against both bills before the Senate passed them along partisan lines and sent them to Ayotte.
Reardon said the immigration crackdown under President Donald Trump has sidestepped principles of fairness, due process and human dignity.
“We’re seeing families separated, U.S. citizens being deported, people being sent to detention centers far from home and people sent to countries they are not from and where they face real danger,” she said.
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