The House Criminal Justice and Public Safety Committee voted, 11-9, in support of amendments to a Senate-passed bill that prevents cities and towns from adopting sanctuary city policies in New Hampshire.
CONCORD — An amended bill to compel local police to cooperate with federal immigration officials who wish to have someone detained narrowly cleared a key House committee Wednesday.
House Criminal Justice and Public Safety Committee Chairman Terry Roy, R-Deerfield, said his rewrite of a Senate-passed bill was narrowly drawn to require local police to comply with detainer requests from U.S. Immigration, Customs and Enforcement (ICE) officials.
State Rep. Jonah Wheeler, D-Peterborough, joined with all House Republicans on Roy’s committee that endorsed it, 11-9.
All other House Democrats opposed the change.
State Rep. David Meuse, D-Portsmouth, tried to offer an alternative amendment that he credited the American Civil Liberties Union of New Hampshire and the New Hampshire Immigration Rights Network with preparing.
Meuse did say Roy’s changes were better than the Senate-passed bill (SB 563).
Roy struck one provision in the Senate bill that would require local police use “best efforts” to help enforce federal immigration laws.
“We are once again enforcing, inflicting, whatever you want to call it, our belief that what we think in Concord is best for our communities,” Meuse said.
Roy said he rejected Meuse’s alternative proposal because it would let towns adopt sanctuary city policies that bar cooperation with federal immigration authorities.
Senate sponsors said they pursued the bill after Hanover, Lebanon and Harrisville put in place policies that limit their police from working with federal officials that want someone detained who they believe is here illegally.
“Setting up the federal immigration as an evil entity and we’re the good guy and we are going to protect you from them is a horrible precedent,” Roy said.
Like the Senate bill, the House version would only apply to someone who is arrested for a state crime and then ICE officials could ask for that person to be detained for up to 48 hours.
These detainer orders apply when ICE has probable cause to believe that the person is a “removable, non-citizen,” Roy said.
Roy said his proposal would prohibit local police from inquiring about someone’s immigration status.
Several House Democrats on the committee said this rewrite could put many immigrants in danger.
Wheeler said he was pleased that the House amendment did not affect “welcoming” ordinances that his hometown and other communities have that offer support to the immigrant population.
A group of police chiefs from communities including Manchester, Nashua, Portsmouth, and Hudson said the legislation wasn’t necessary and could be counterproductive.