Struck = removed from the bill ·
added = the amendment's new text.
SB 71-FN - AS INTRODUCEDAMENDED BY THE SENATE 03/06/2025 0494s SESSION 25-0226 09/05 SENATE BILL 71-FN AN ACT relative to cooperation with federal immigration authorities.
Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill provides that unless expressly prohibited by state or federal law, local governmental entities may not prohibit or impede any state or federal law enforcement agency from complying with federal immigration laws, and provides for remedies for violations.
This bill further authorizes county corrections facilities to hold individuals subject to an Immigration and Customs Enforcement detention for up to 48 hours following the resolution of their state charges, excluding Saturdays, Sundays, and holidays, in order to permit assumption of custody by federal authorities, and requires any agency refusing to honor an immigration detainer for an inmate to report each such refusal to the attorney general.
SB 71-FN - AS INTRODUCEDAMENDED BY THE SENATE 03/06/2025 0494s 25-0226 09/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT relative to cooperation with federal immigration authorities.
2 EffectiveCounty Date.Department of Corrections;
Immigration Detainees.
New Paragraph;
County Department of Corrections;
Immigration Detainees.
Amend RSA 30-B:1 by inserting after paragraph II the following new paragraph:
III.
A county may hold Immigration and Customs Enforcement detainees, after the resolution of state charges, for a maximum of 48 hours, excluding Saturdays, Sundays, and holidays, SB 71-FN - AS AMENDED BY THE SENATE - Page 2 - in order to permit assumption of custody by federal authorities.
Nothing in this paragraph shall prohibit the county from executing an agreement in accordance with RSA 30-B:16.
Any agency refusing to honor an immigration detainer for an inmate shall report each such refusal to the attorney general in a time, form, and manner to be prescribed by the attorney general or the attorney general's designee.
3 Effective Date.
LBA 25-0226 Revised4/7/25 1/27/25 SB 71-FN- FISCAL NOTE AS INTRODUCEDAMENDED BY THE SENATE (AMENDMENT #2025-0494s) AN ACT relative to cooperation with federal immigration authorities.
Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Revenue $0 $0 $0 $0 Revenue Fund(s) None Expenditures* $0 Indeterminable Funding Source(s) General Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $0 $0 County Expenditures $0 Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures $0 $0 $0 $0 METHODOLOGY:
This bill provides that unless expressly prohibited by state or federal law, local governmental entities may not prohibit or impede any state or federal law enforcement agenciesagency from complying with Titlefederal 8immigration oflaws, theand Unitedprovides Statesfor Code,remedies whichfor appliesviolationThis bill further authorizes county corrections facilities to hold individuals subject to an Immigration and Customs Enforcement detention for up to 48 hours following the enforcementresolution of immigration-relatedtheir laws.state charges, excluding Saturdays, Sundays, and holidays, in order to permit assumption of custody by federal authorities, and requires any agency refusing to honor an immigration detainer for an inmate to report each such refusal to the attorney general.
Violation of this proposed Chapterlaw may result in an enforcement action by the Attorney General, who may seek injunctive relief and/or punitive damages.
The New Hampshire Association of Counties indicates the bill as amended would require county correctional facilities to hold individuals beyond the current time they are held in county correctional facilities.
This Association states this will lead to significant increases for counties that do not have a contract to cover the expenses of housing, food, hygiene products and medical expenses.
The average cost to hold someone in a county correctional facility is $120-140 a day excluding medical expenses.
The Association is unable to determine how many ICE detainees may come through the county jails, and any resulting cost increase is indeterminable.
Department of Justice and New Hampshire Association of Counties