New Hampshire HB 1570: relative to governmental budget authority for agreements for law enforcement agencies to participate in federal immigration enforcement.

Bill Text

HB 1570-FN-LOCAL - AS INTRODUCED

2026 SESSION

 26-2448

 09/05

HOUSE BILL 1570-FN-LOCAL

AN ACT relative to governmental budget authority for agreements for law enforcement agencies to participate in federal immigration enforcement. 

SPONSORS: Rep. Scherr, Rock. 26; Rep. Berch, Ches. 6; Rep. Meuse, Rock. 37; Rep. Muns, Rock. 29; Rep. A. Murray, Hills. 20

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill requires local budgetary authority before a law enforcement agency enters into an agreement with the federal Immigration and Customs Enforcement to assist in the enforcement of federal immigration law, grants the budgetary authority continuing power to terminate the agreement, and provides for a penalty for failure to comply.

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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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2448

 09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to governmental budget authority for agreements for law enforcement agencies to participate in federal immigration enforcement. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Purpose. The general court recognizes that some law enforcement agencies in New Hampshire will seek to engage in Section 287(g) agreements with the Immigration and Customs Enforcement. Because those law enforcement agencies carry the complete cost of their participation in such agreements, the general court deems it essential to ground the decision to participate in such agreements in the governmental authority that oversees the budget of those law enforcement agencies and represents its constituents.

 2 New Section; Participation in Federal Immigration Programs. Amend RSA 106-P by inserting after section 1 the following new section:

 106-P:2 Approval of Participation.

 I. Notwithstanding RSA 106-P:1, if a law enforcement agency (LEA) in New Hampshire intends to apply for a Section 287(g) agreement with United States Immigration and Customs Enforcement (ICE) pursuant to this chapter, it must first receive permission from the governmental budget authority (GBA) that has final authority over its budget. It may not apply for a Section 287(g) agreement without such permission.

 II. Notwithstanding RSA 106-P:1, as a part of seeking permission from its GBA, the law enforcement agency shall provide the GBA with a formal estimate of the yearly cost to that agency of participation in the Section 287(g) agreement, including an estimate of the number of employee hours that will be devoted to participation in the agreement. The GBA may decline to approve the agreement based on the cost to the municipality or other political entity of such an agreement.

 III. Notwithstanding RSA 106-P:1, if the LEA receives approval from its GBA for the application and ICE approves the application:

 (a) The LEA may not sign the Section 287(g) agreement without its GBA:

 (1) Reviewing the Section 287(g) agreement;

 (2) Providing notice to the residents within its jurisdiction of the proposed agreement and its cost; and

 (3) Authorizing the LEA to sign the agreement.

 (b) The LEA shall also provide documented notice to the GBA of the specific provisions of the Section 287(g) agreement that it intends to perform and not perform.

 IV. Upon signing of the agreement, the LEA shall provide a quarterly report to its GBA of:

 (a) The activity its employees engaged in as Section 287(g) agents, including the number of detentions based ICE detainers or warrants in which the LEA was involved.

 (b) Specific number of hours during which each officer operated under the Section 287(g) agreement, including but not limited to, training time.

 (c) Cost to the LEA of each officer’s time spent engaged in Section 287(g) activities, including but not limited to training time.

 (d) Additional costs to the LEA for the time its officers spent conducting Section 287(g) activities.

 (e) Any reimbursement to the LEA from ICE, the Department of Homeland Security, or other federal agencies for activities conducted by LEA officers while engaged in Section 287(g) activities.

 (f) Identification and number of requests by ICE or the Department of Homeland Security for participation of officers from the law enforcement agency under the Section 287(g) agreement, including those requests that the LEA declined.

 V. Notwithstanding RSA 106-P:1, the requirements in subparagraph IV(b) and paragraph V above shall also include and apply to all LEAs that have engaged in Section 287(g) agreements prior to the effective date of this section.

 VI. Notwi