1 New Chapter; Immigration Detention Facilities. Amend RSA by inserting after chapter 622-C the following new chapter:

CHAPTER 622-D

IMMIGRATION DETENTION FACILITIES

622-D:1 Private Contracts Prohibited. The state or a political subdivision of the state shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. Unless operated or regulated by the federal government, all facilities in this state which are used to detain immigrants in civil immigration proceedings shall be under civilian control, operated or regulated by the state, and shall operate in compliance with the provisions of RSA 622-D:2. Any immigration detention center operated or regulated by the federal government or an agency thereof shall inform the state of such facility.

622-D:2 Contracts for Immigration Detention.

I. If the state or a political subdivision of the state chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). All contracts under this section shall include as a party the state of New Hampshire and be approved by the attorney general.

II. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy.

III. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not detain any citizen of the United States in the immigration detention facility.

IV. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not utilize the detention facility or permit the detention facility to be utilized for mass deportation of immigrants.

V. An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity.

VI. Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees).

VII. If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility violates paragraphs II through V, or the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the attorney general, or any county attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the state of New Hampshire. An action brought by the attorney general or any county attorney may also seek a civil penalty of $25,000. If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section.

VIII. For purposes of this section, the following definitions shall apply:

(a) "Immigration detention facility" means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between state or a political subdivision of the state and either of the following:

(1) The United States Department of Homeland Security or other federal agency.

(2) A private corporation, contractor, or private vendor.

(b) "Immigration detention facility operator" means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or state or a political subdivision of the state that operates or owns an immigration detention facility.

(c) "Mass deportation of immigrants" means any federal or state effort to deport large numbers of individuals based on their ethnicity or national origin, or on their family members' ethnicity of family origin, including undocumented immigrants, documented immigrants, and/or citizens. Nothing in this section should be construed to forbid officials from participating in routine immigration or criminal proceedings.

(d) "Segregated housing" means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years.

2 New Section; Ordering National Guard to Immigration Detention Facilities. Amend RSA 110-B by inserting after section 6-a the following new section:

110-B:6-b Ordering National Guard To Immigration Detention Facilities. Notwithstanding any other provision of law, the governor shall not order into the active service any part of the national guard for any purpose involving deploying to immigration detention facilities, as that term is defined in RSA 622-D:2, unless the governor has first obtained the consent of the executive council.

3 Effective Date. This act shall take effect January 1, 2026.

1 New Chapter; Immigration Detention Facilities. Amend RSA by inserting after chapter 622-C the following new chapter:

CHAPTER 622-D

IMMIGRATION DETENTION FACILITIES

622-D:1 Private Contracts Prohibited. The state or a political subdivision of the state shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. Unless operated or regulated by the federal government, all facilities in this state which are used to detain immigrants in civil immigration proceedings shall be under civilian control, operated or regulated by the state, and shall operate in compliance with the provisions of RSA 622-D:2. Any immigration detention center operated or regulated by the federal government or an agency thereof shall inform the state of such facility.

622-D:2 Contracts for Immigration Detention.

I. If the state or a political subdivision of the state chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). All contracts under this section shall include as a party the state of New Hampshire and be approved by the attorney general.

II. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy.

III. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not detain any citizen of the United States in the immigration detention facility.

IV. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not utilize the detention facility or permit the detention facility to be utilized for mass deportation of immigrants.

V. An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity.

VI. Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees).

VII. If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility violates paragraphs II through V, or the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the attorney general, or any county attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the state of New Hampshire. An action brought by the attorney general or any county attorney may also seek a civil penalty of $25,000. If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section.

VIII. For purposes of this section, the following definitions shall apply:

(a) "Immigration detention facility" means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between state or a political subdivision of the state and either of the following:

(1) The United States Department of Homeland Security or other federal agency.

(2) A private corporation, contractor, or private vendor.

(b) "Immigration detention facility operator" means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or state or a political subdivision of the state that operates or owns an immigration detention facility.

(c) "Mass deportation of immigrants" means any federal or state effort to deport large numbers of individuals based on their ethnicity or national origin, or on their family members' ethnicity of family origin, including undocumented immigrants, documented immigrants, and/or citizens. Nothing in this section should be construed to forbid officials from participating in routine immigration or criminal proceedings.

(d) "Segregated housing" means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years.

2 New Section; Ordering National Guard to Immigration Detention Facilities. Amend RSA 110-B by inserting after section 6-a the following new section:

110-B:6-b Ordering National Guard To Immigration Detention Facilities. Notwithstanding any other provision of law, the governor shall not order into the active service any part of the national guard for any purpose involving deploying to immigration detention facilities, as that term is defined in RSA 622-D:2, unless the governor has first obtained the consent of the executive council.

3 Effective Date. This act shall take effect January 1, 2026.