Struck = removed from the bill ·
added = the amendment's new text.
Senate Finance February 19, 2025 2025-0494s 09/02 Amendment to SB 71-FN -Amend ASthe INTRODUCEDbill SESSIONby 25-0226inserting 09/05after SENATEsection BILL1 71-FNthe ANfollowing ACTand relativerenumbering tothe cooperationoriginal withsection federal2 immigrationto authorities.read as 3:
SPONSORS:4 2 County Department of Corrections;
Sen.Immigration Detainees.
Gannon,New DistParagraph; 23;
Sen.County Department of Corrections;
Abbas,Immigration DistDetainees. 22;
Sen.Amend RSA 30-B:1 by inserting after paragraph II the following new paragraph:
Avard,III. Dist 12;
Sen.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, in order to permit assumption of custody by federal authorities.
Birdsell,Nothing Distin 19;this paragraph shall prohibit the county from executing an agreement in accordance with RSA 30-B:16.
Sen.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.
Gray,Amendment Distto 6;SB 71-FN - Page 2 - 2025-0494s 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.
Sen.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.
Innis, Dist 7;
Sen.
Lang, Dist 2;
Sen.
McConkey, Dist 3;
Sen.
Pearl, Dist 17;
Sen.
Rochefort, Dist 1;
Sen.
Sullivan, Dist 18;
Sen.
McGough, Dist 11;
Sen.
Murphy, Dist 16;
Sen.
Ricciardi, Dist 9;
Rep.
Khan, Rock.
30;
Rep.
Weyler, Rock.
14;
Rep.
Vose, Rock.
5;
Rep.
Litchfield, Rock.
32;
Rep.
L.
Walsh, Rock.
15 COMMITTEE:
Judiciary ───────────────────────────────────────────────────────────────── 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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:
Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
SB 71-FN - AS INTRODUCED 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.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter;
Anti-Sanctuary City Act.
Amend RSA by inserting after chapter 106-O the following new chapter:
CHAPTER 106-P ANTI-SANCTUARY CITY ACT 106-P:1 Definitions.
In this chapter:
I.
“Law enforcement agency” means any agency charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments, sheriff’s offices, state police departments, state university and college police departments, county correctional agencies, and the department of corrections.
II.
“Local governmental entity” means any county, municipality, or other political subdivision of this state.
106-P:2 Prohibition of Sanctuary Policies.
Except as otherwise 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 title 8 of the United States Code.
106-P:3 Enforcement.
I.
Any local governmental entity that violates this chapter may be subject to action by the attorney general, who may file suit against a local governmental entity in a court of competent jurisdiction for a violation of this chapter.
Relief for violations of this chapter shall be determined by the court and may include injunctive relief and punitive damages.
Punitive damages may include a fine of up to 25 percent of the total state funds received by the local government entity in the fiscal year when the violation occurred.
Any fines collected for violations of this chapter shall be lapsed to the general fund of the state of New Hampshire.
II.
An order approving a consent decree or granting an injunction shall include written findings of fact that describe with specificity the existence and nature of the sanctuary policy that violates this chapter.
2 Effective Date.
This act shall take effect January 1, 2026.
LBA 25-0226 Revised 1/27/25 SB 71-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to cooperation with federal immigration authorities.
FISCAL IMPACT:
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 METHODOLOGY:
This bill provides that local governmental entities may not prohibit or impede state or federal law enforcement agencies from complying with Title 8 of the United States Code, which applies to the enforcement of immigration-related laws.
Violation of this proposed Chapter may result in an enforcement action by the Attorney General, who may seek injunctive relief and/or punitive damages.
The Department of Justice states it is uncertain what the number of enforcement actions may be, therefore this bill’s impact on state expenditures is indeterminable.
The Department states that if there are larger levels of enforcement actions, its litigation budget may increase up to $100,000, and the Department of Justice would need an attorney to oversee those actions.
The Department estimates the total cost of an unclassified assistant attorney general position to be approximately $133,000 per year.
AGENCIES CONTACTED:
Department of Justice