As the new year approaches, two significant pieces of legislation aimed at curtailing sanctuary city policies in New Hampshire will take effect. Signed into law by Governor Kelly Ayotte, these bills are expected to provoke discussions on their potential effects within the state. The legislation, which includes Senate Bill 62 and House Bill 511, was enacted on May 22 amidst considerable publicity, with Governor Ayotte joined by Republican lawmakers in a ceremony that featured prominently displayed messages against sanctuary cities. Supporters of the new laws argue that decreasing illegal immigration is a necessary goal, citing instances of violent crimes carried out by individuals without proper immigration status as justification for these measures.

However, critics argue that such laws may foster harmful anti-immigrant sentiments rather than directly address the complexities surrounding immigration enforcement. Local taxpayer-funded police agencies, according to opponents, should not be expected to play a role in enforcing federal immigration laws, which complicates the responsibilities of law enforcement.

Notably, Peterborough has had its own ordinance since 2017, which restricts officials from inquiring about an individual’s immigration status unless it pertains to legitimate law enforcement needs dissociated from immigration enforcement. In contrast, the new legislation, specifically HB 511, stipulates that law enforcement in New Hampshire is not permitted to inquire about the citizenship status of an inmate unless it follows a legal infraction within the state or is sanctioned by law.

Additional provisions under the new bills mandate law enforcement compliance with immigration detainers for individuals being held while investigations are ongoing. Senate Bill 62 echoes these stipulations while also allowing for county jails to detain individuals subject to ICE orders for up to 48 hours after their state charges are resolved. Ayotte emphasized her administration’s commitment to stemming illegal immigration during her campaign for governor, framing these new measures as vital to preserving New Hampshire’s status as a safe state.

Among those opposing the legislation were representatives from the American Civil Liberties Union, the Catholic Church, and various county and municipal associations. During the legislative process, Senator Tara Reardon of Concord voiced her concerns about the immigration policies being pursued, criticizing their impact on fairness and human dignity, suggesting that they lead to family separations and unwanted deportations. The upcoming enforcement of these bills invites ongoing deliberation about their implications in New Hampshire.