SB71 (2025) Detail

Relative to cooperation with federal immigration authorities.


SB 71-FN - AS INTRODUCED

 

 

2025 SESSION

25-0226

09/05

 

SENATE BILL 71-FN

 

AN ACT relative to cooperation with federal immigration authorities.

 

SPONSORS: Sen. Gannon, Dist 23; Sen. Abbas, Dist 22; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Gray, Dist 6; Sen. Innis, Dist 7; Sen. Lang, Dist 2; Sen. McConkey, Dist 3; Sen. Pearl, Dist 17; Sen. Rochefort, Dist 1; Sen. Sullivan, Dist 18; Sen. McGough, Dist 11; Sen. Murphy, Dist 16; Sen. Ricciardi, Dist 9; Rep. Khan, Rock. 30; Rep. Weyler, Rock. 14; Rep. Vose, Rock. 5; Rep. Litchfield, Rock. 32; Rep. L. Walsh, Rock. 15

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill provides that unless expressly prohibited by state or federal law, local governmental entities may not prohibit or impede any state or federal law enforcement agency from complying with federal immigration laws, and provides for remedies for violations.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0226

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to cooperation with federal immigration authorities.

 

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

 

1  New Chapter; Anti-Sanctuary City Act.  Amend RSA by inserting after chapter 106-O the following new chapter:

CHAPTER 106-P

ANTI-SANCTUARY CITY ACT

106-P:1  Definitions.  In this chapter:

I.  “Law enforcement agency” means any agency charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments, sheriff’s offices, state police departments, state university and college police departments, county correctional agencies, and the department of corrections.

II.  “Local governmental entity” means any county, municipality, or other political subdivision of this state.

106-P:2  Prohibition of Sanctuary Policies.

Except as otherwise expressly prohibited by state or federal law, local governmental entities may not prohibit or impede any state or federal law enforcement agency from complying with title 8 of the United States Code.

106-P:3  Enforcement.

I.  Any local governmental entity that violates this chapter may be subject to action by the attorney general, who may file suit against a local governmental entity in a court of competent jurisdiction for a violation of this chapter.  Relief for violations of this chapter shall be determined by the court and may include injunctive relief and punitive damages.  Punitive damages may include a fine of up to 25 percent of the total state funds received by the local government entity in the fiscal year when the violation occurred.  Any fines collected for violations of this chapter shall be lapsed to the general fund of the state of New Hampshire.

II.  An order approving a consent decree or granting an injunction shall include written findings of fact that describe with specificity the existence and nature of the sanctuary policy that violates this chapter.

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

 

LBA

25-0226

1/16/25

 

SB 71-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to cooperation with federal immigration authorities.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Justice.  The Department was contacted on 1/10/25 for a fiscal note worksheet.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Department of Justice

 

Links


Action Dates

Date Body Type
Jan. 23, 2025 Senate Hearing

Bill Text Revisions

SB71 Revision: 46499 Date: Jan. 16, 2025, 12:04 p.m.

Docket


Jan. 16, 2025: Hearing: 01/23/2025, Room 100, SH, 01:30 pm; SC 7


Jan. 16, 2025: Introduced 01/09/2025 and Referred to Judiciary; SJ 3