Revision: March 7, 2023, 2:27 p.m.
Election Law and Municipal Affairs
March 7, 2023
2023-0800s
07/10
Amendment to SB 132-FN
Amend the bill by replacing section 2 with the following:
2 New Subdivision; Anti-sanctuary Act. Amend RSA 7 by inserting after section 48 the following new subdivision:
Anti-sanctuary Act
7:49 Definitions. In this subdivision:
I. “Federal immigration agency” means the United States Department of Justice, the United States Department of Homeland Security, and any division, agency or other component of either of those departments, including but not limited to: United States Immigration and Customs Enforcement, United States Customs and Border Patrol, United States Citizenship and Immigration Services, and any successor department, division, agency, or other component. The term shall include officials, officers, representatives, agents, and employees.
II. “Immigration detainer” means a facially sufficient written or electronic request issued by a federal immigration agency using that agency's official form to request that another law enforcement agency detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant to 8 U.S.C. Sections 1226 and 1357 along with a warrant described in subparagraph (c). For the purpose of this section, an immigration detainer shall be deemed facially sufficient if:
(a) The federal immigration agency's official form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law; or
(b) The federal immigration agency's official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law, but is supported by an affidavit, order, or other official documentation that indicates that the federal immigration agency has probable cause to believe that the person to be detained is a removable alien under federal immigration law; and
(c) The federal immigration agency supplies with its detention request a Form I-200 Warrant for Arrest of Alien or a Form I-205 Warrant of Removal/Deportation or a successor warrant or other warrant authorized by federal law.
III. “Immigration law” means a law of this state or a federal law relating to aliens, immigrants, or immigration, including but not limited to the federal Immigration and Nationality Act, 8 U.S.C. Section 1101 et seq.
IV. “Law enforcement agency” means an agency of the state or of a political subdivision thereof charged with enforcement of state, county, city, municipal, or federal laws, or with managing or maintaining custody of detained, arrested, or sentenced persons in the state, and includes but is not limited to city and town police departments, sheriffs’ offices, county departments of corrections, the department of corrections, the department of justice, the fish and game commission, the liquor commission, and campus police. The term shall include officials, officers, representatives, agents, and employees.
V. “Local government entity” means any county, city, municipality, town, village, village district, special district, or other political subdivision of this state, including law enforcement agencies. The term shall include officials, officers, representatives, agents, and employees.
VI. “Policy” means, but is not limited to, a rule, directive, policy, procedure, regulation, motion, order, ordinance, resolution, amendment, practice, or custom, whether written or unwritten and whether formally enacted, informally adopted, or otherwise effectuated.
VII. “Sanctuary policy” means any policy that prohibits the state of New Hampshire, a political subdivision of this state, or any person acting under the color of the state, county, or municipal law from cooperating with the enforcement of federal immigration laws, including, but not limited to, 8 U.S.C. 1373 with respect to a person who has been detained by, or is already in the lawful custody of, the state, county, or local law enforcement agency for a suspected violation of state law to include the enforcement of arrest warrants issued by the courts.
VIII. “State government entity” means any public agency, bureau, commission, council, department, public postsecondary educational institution, or other office, body, or entity established under the laws of the state, including law enforcement agencies. The term shall include officials, officers, representatives, agents, and employees.
7:50 Prohibition of Sanctuary Policies. No state government entity, local government entity, or law enforcement agency shall knowingly enact, issue, adopt, promulgate, enforce, permit, endorse, maintain, or have in effect any sanctuary policy.
7:51 Complaint Process; Penalties.
I. The attorney general shall receive and enforce complaints regarding any possible violation of this subdivision. Any person may file such a compliant. The person shall include with the complaint any evidence the person has in support of the complaint. Such complaints shall be submitted in writing in such form and manner as prescribed by the attorney general. This section shall not prohibit the filing of an anonymous complaint or a complaint not submitted in the prescribed format.
II. If the attorney general determines that a complaint filed under this section establishes probable cause that a violation of this subdivision has occurred, the attorney general shall file a petition for a writ of mandamus or apply for other appropriate equitable relief in the superior court in the county where the allegedly violating state government entity, local government entity, or law enforcement agency is located to compel compliance.
III. If the court in a proceeding filed under paragraph II of this section finds by a preponderance of the evidence that a government entity, local government entity, or law enforcement agency is in violation of this subdivision, the court shall issue a writ of mandamus against that entity ordering it to comply, enjoin it from further noncompliance, and take any other action to ensure compliance as is within the jurisdiction of the court.
IV. The court may award court costs and reasonable attorney fees to the prevailing party in a proceeding brought pursuant to this section.
7:52 Implementation; Discrimination Prohibited.
I. This chapter shall be implemented in a manner consistent with federal laws and regulations governing immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens.
II. In complying with the requirements of this chapter, a state or local government entity shall not consider an individual’s race, color, religion, language, or national origin, except to the extent permitted by the Constitution of the United States or the constitution of the state of New Hampshire or federal law.
7:53 Severability. It is the intent of the legislature that every provision, section, paragraph, subparagraph, sentence, clause, phrase, or word in this chapter, and every application of the provisions in this chapter to any person or entity, are severable from each other. If any part or provision of this chapter is in conflict or inconsistent with applicable provisions of federal law, or otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this chapter shall not be affected thereby.