Immigration (Sanctuary Policies)

SB 71, the "Anti-Sanctuary City Act," prohibits New Hampshire local governments (counties, municipalities, and other local entities) from blocking state or federal law enforcement from complying with federal immigration laws (Title 8 of the U.S. Code). The bill allows the state Attorney General to sue local entities that violate this law, seeking court-ordered remedies including injunctions and fines up to 25% of the local entity’s state funds from the previous fiscal year. Violations would require the Attorney General to specify the violating policy in court findings. The law takes effect January 1, 2026, and does not impose direct costs on the state but may require Attorney General resources for enforcement.

HB 1609 prohibits New Hampshire state, county, and municipal governments from using public funds or property to build, operate, or pay for immigrant detention facilities, particularly those managed by private companies. It bans spending on construction, renovation, repurposing public property for detention, selling public property for such use, and making payments to private detention operators. The bill does not affect existing 287(g) agreements between local law enforcement and federal immigration authorities or the provision of health and safety services to detained individuals. Counties may face potential revenue losses if they stop cooperating with federal immigration programs, but municipalities are not expected to have financial impacts.

HB 1709 requires residential rental applicants in New Hampshire to disclose in writing if they are not U.S. citizens or lawfully present in the United States. Applicants can prove lawful presence using specific documents like a New Hampshire driver's license, tribal ID, or federal identification, and landlords cannot independently verify immigration status. Violating this disclosure requirement is classified as a class B felony. The bill directly affects renters applying for housing and landlords managing residential properties in New Hampshire.