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SB 71 · 2026 · Senate · Judiciary Committee

Local cooperation with federal immigration enforcement

AI-generated

relative to cooperation with federal immigration authorities.

Prohibits local governmental entities from impeding state or federal law enforcement compliance with federal immigration laws, authorizes county corrections facilities to hold individuals subject to immigration detainers for up to 48 hours after resolution of state charges, and requires reporting of detainer refusals.AI-generated

Status

Killed in the House — Inexpedient to Legislate · January 7, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✕House
  4. Governor
  5. Law

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. This bill further authorizes county corrections facilities to hold individuals subject to an Immigration and Customs Enforcement detention for up to 48 hours following the resolution of their state charges, excluding Saturdays, Sundays, and holidays, in order to permit assumption of custody by federal authorities, and requires any agency refusing to honor an immigration detainer for an inmate to report each such refusal to the attorney general.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill As Amended by the Senate (2nd committee). Passages chosen from the operative text.Computed by this site

““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.”
RSA 106-P:1
“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.”
RSA 106-P:2
“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.”
RSA 106-P:3
““Local governmental entity” means any county, municipality, or other political subdivision of this state.”
RSA 106-P:1

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Bill GannonRPrimeChair· Judiciary
  • Sen. Daryl AbbasRVice Chair· Judiciary
  • Sen. Kevin AvardRDeputy Majority Whip
  • Sen. Regina BirdsellRMajority Leader
  • Sen. James GrayRChair· Election Law and Municipal Affairs
  • Sen. Daniel InnisRChair, Majority Policy Conference
  • Sen. Timothy LangRMajority Whip
  • Sen. Mark McConkeyRChair· Capital Budget
  • Sen. Howard PearlRChair· Executive Departments and Administration
  • Sen. David RochefortRChair· Health and Human Services
  • Sen. Victoria SullivanRVice Chair· Education
  • Sen. Keith MurphyRDeputy President Pro Tempore
  • Sen. Denise RicciardiRDeputy Majority Leader
  • Rep. Kenneth WeylerRChair· Finance
  • Rep. Michael VoseRChair· Science, Technology and Energy

Also: Sen. Tim McGoughR, Rep. Aboul KhanR, Rep. Melissa LitchfieldR, Rep. Lilli WalshR

Public testimony

No one submitted online testimony on this bill. See the record

Votes

yeanay
Starting text: Bill as introduced
  • Jan 30, 2025SenateCommittee report: Ought to Pass3–2
    Overall
    60% yea
  • Jan 30, 2025SenateRoll callOught to PassAdopted15–8How they voted
    Overall
    65% yea
    Party-line vote
    Republicans
    15–0100% yea
    Democrats
    0–80% yea
    Resulting text: Bill as amended by the Senate
  • Feb 13, 2025SenateCommittee report: Ought to Pass5–2
    Overall
    71% yea
  • Feb 13, 2025SenateVoice voteSen. Gray Moved to Rerefer to Committeeadopted
  • Mar 6, 2025SenateCommittee reportCommittee report: Ought to Pass with Amendment # 2025-0494s4–2
    Overall
    67% yea
  • Mar 6, 2025SenateVoice voteCommittee amendment 2025-0494sadopted
  • Mar 6, 2025SenateRoll callSen. Reardon Floor Amendment # 2025-0414sFailed8–16How they voted
    Overall
    33% yea
    Party-line vote
    Republicans
    0–160% yea
    Democrats
    8–0100% yea
  • Mar 6, 2025SenateRoll callOught to Pass with Amendment #2025-0494sAdopted16–8How they voted
    Overall
    67% yea
    Party-line vote
    Republicans
    16–0100% yea
    Democrats
    0–80% yea
    Resulting text: Bill as amended by the Senate
  • Oct 22, 2025HouseCommittee report· consent calendarCommittee report: Inexpedient to Legislate16–0
    Overall
    100% yea
  • Jan 7, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Jan 23, 2025Public hearingSenate Judiciary2:19:31–2:23:283m 57slocated in the stream transcriptHearing
  • Feb 13, 2025Floor debateSenate floor1:10:31–1:11:571m 26slocated in the stream transcriptCommittee Report: Ought to Pass; Sen. Gray Moved to Rerefer to Committee — adopted, voice vote
  • Mar 6, 2025Floor debateSenate floor3:24:31–3:27:563m 25slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2025-0494s; Ought to Pass with Amendment #2025-0494s — adopted, roll call 16-8; Committee Amendment # 2025-0494s — adopted, voice vote
  • Apr 9, 2025Public hearingHouse Criminal Justice and Public Safety2:49:35–2:50:431m 8slocated in the stream transcriptPublic Hearing
  • Apr 23, 2025Public hearingHouse Criminal Justice and Public Safety1:51:29–1:52:371m 8slocated in the stream transcript==RECESSED== Executive Session
  • Oct 22, 2025Public hearingHouse Criminal Justice and Public Safety3:45:29–3:46:341m 5slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; ==RESCHEDULED== Full Committee Work Session; ==RESCHEDULED== Executive Session
  • Jan 7, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamInexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 9, 2025SenIntroduced 01/09/2025 and Referred to Judiciary; SJ 3
  2. Jan 23, 2025SenHearing: 01/23/2025, Room 100, SH, 01:30 pm; SC 7
  3. Jan 30, 2025Sen: Ought to Pass, 01/30/2025, Vote 3-2; SC 7A
  4. Jan 30, 2025SenOught to Pass: RC 15Y-8N, MA; Refer to Finance Rule 4-5; 01/30/2025; SJ 4
  5. Feb 13, 2025Sen: Ought to Pass, 02/13/2025, Vote 5-2; SC 9
  6. Feb 13, 2025SenSen. Gray Moved to Rerefer to Committee, MA, VV; 02/13/2025; SJ 5
  7. Mar 6, 2025Sen: Ought to Pass with Amendment # 2025-0494s, 03/06/2025, Vote 4-2; SC 11
  8. Mar 6, 2025SenCommittee Amendment # 2025-0494s, AA, VV; 03/06/2025; SJ 6
  9. Mar 6, 2025SenSen. Reardon Floor Amendment # 2025-0414s, RC 8Y-16N, AF; 03/06/2025; SJ 6
  10. Mar 6, 2025SenOught to Pass with Amendment #2025-0494s, RC 16Y-8N, MA; OT3rdg; 03/06/2025; SJ 6
  11. Mar 27, 2025HouseIntroduced (in recess of) 03/27/2025 and referred to Criminal Justice and Public Safety HJ 11 P. 110
  12. Apr 9, 2025HousePublic Hearing: 04/09/2025 12:00 pm LOB 202-204
  13. Apr 23, 2025House==RECESSED== Executive Session: 04/23/2025 11:00 am LOB 202-204
  14. Apr 25, 2025House==CANCELLED== Executive Session: 04/25/2025 10:00 am LOB 202-204
  15. Apr 24, 2025HouseRetained in Committee
  16. Oct 22, 2025House==RESCHEDULED== Full Committee Work Session: 10/22/2025 10:00 am GP 230
  17. Oct 22, 2025House==RESCHEDULED== Executive Session: 10/22/2025 01:00 pm GP 230
  18. Oct 22, 2025House: Inexpedient to Legislate 10/22/2025 (Vote 16-0; CC) HC 51 P. 7
  19. Jan 7, 2026HouseInexpedient to Legislate: MA VV 01/07/2026 HJ 1 P. 48

Coverage

No reporting linked yet.

Background reading

Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.

  • “Sanctuary” Jurisdictions: Legal OverviewExplainer — legal

    Congressional Research Service — What federal law does and does not require of state and local governments, including 8 U.S.C. § 1373 and the constitutional limits on commandeering local police.AI-generated

  • Sanctuary Policies: An OverviewExplainer

    American Immigration Council — A plain-language primer on what “sanctuary” policies actually say, how detainers work, and why the term covers a wide range of local rules.AI-generated

  • Delegation of Immigration Authority: Section 287(g)Federal program — primary source

    U.S. Immigration and Customs Enforcement — ICE's own description of the three 287(g) models and what a participating sheriff or police department agrees to — the program the New Hampshire laws protect from local interference.AI-generated

  • Fact Sheet on Sanctuary Policies and 8 USC 1373Immigrant-rights / legal

    Immigrant Legal Resource Center — Argues that § 1373 reaches only information sharing, so most local limits on detainer compliance remain lawful — the counter-reading to the anti-sanctuary case.AI-generated

  • Map: Sanctuary Cities, Counties, and StatesEnforcement advocacy

    Center for Immigration Studies — The restrictionist tally of jurisdictions that decline detainers, built from ICE detainer-refusal data — the dataset most often cited by supporters of bans like this one.AI-generated

  • Sanctuary policies reduce deportations without increasing crimeAcademic — national evidence

    PNAS (Proceedings of the National Academy of Sciences) — A 2020 study finding sanctuary policies cut deportations by about a third, with no measurable effect on crime rates and no drop in deportations of people with violent convictions.AI-generated

  • Know Your Rights: Immigrants’ RightsNH context — civil liberties

    ACLU of New Hampshire — New Hampshire-specific guidance on encounters with police, ICE, and Border Patrol — the practical side of what changes when local agencies cooperate.AI-generated

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.