Revision: May 1, 2024, 5:24 p.m.
Rep. Roy, Rock. 31
May 1, 2024
2024-1736h
05/08
Floor Amendment to SB 563-FN
Amend RSA 103-A:3 as inserted by section 1 of the bill by replacing it with the following:
103-A:3 Cooperation with Federal Immigration Authorities.
I. A law enforcement agency shall contact Immigration and Customs Enforcement (ICE) and may, subject to available staffing, comply with an immigration detainer discovered during the investigation of a violation of New Hampshire law. If, due to staffing constraints, the agency is unable to detain the individual, the agency shall transfer the individual to the county jail for retrieval by ICE. The transferring agency shall notify the county facility of the immigration detainer, their contact with ICE, and when they are expected to pick up the detainee. The county facility shall be notified of when custody began and ensure the detainee is admitted to bail no later than 48 hours after custody began, if applicable based on the underlying offense. Unless otherwise authorized by law, no New Hampshire law enforcement agency shall investigate or take part in investigations related to a person’s citizenship status, unless it is subsequent to an alleged violation of New Hampshire law. No agency shall have an explicit or implied blanket policy against honoring immigration detainers. Any agency refusing to honor an immigration detainer 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.
II. Except as otherwise expressly prohibited by federal law, a state entity, local governmental entity, or law enforcement agency, or an employee, an agent, or a representative of the entity or agency, may not prohibit or in any way restrict a law enforcement agency from taking any of the following actions with respect to information regarding a person’s immigration status:
(a) Sending the information to or requesting, receiving, or reviewing the information from a federal immigration agency for the purposes of this chapter.
(b) Recording and maintaining the information for purposes of this chapter.
(c) Exchanging the information with a federal immigration agency or another state entity, local governmental entity, or law enforcement agency for purposes of this chapter.
(d) Using the information to comply with an immigration detainer.
(e) Using the information to confirm the identity of a person who is detained by a law enforcement agency.
III. This section does not apply to any alien unlawfully present in the United States if he or she is or has been a necessary witness or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering, unless an immigration detainer is on file for the person and the nature of the reason for the detainer is that the person is wanted for involvement in a similar crime to those listed, or the person is wanted for reasons related to terrorism, or the person is noted as being dangerous on the detainer, or the totality of the circumstances would lead a reasonable officer to conclude that the person’s release would put the public in danger. In any such case, the agency shall work with the federal immigration authorities to help ensure the availability of the person to participate in the prosecution of the state crime.