The proposed bill, known as the Anti-Sanctuary City Act, aims to restrict local governmental entities from enacting policies that would obstruct state or federal law enforcement agencies from adhering to federal immigration laws, unless explicitly prohibited by state or federal law. The bill introduces new legal language that mandates local entities to comply with Title 8 of the United States Code and outlines enforcement mechanisms, including potential lawsuits by the attorney general against non-compliant local entities. Remedies for violations may include injunctive relief and punitive damages, with fines reaching up to 25% of the total state funds received by the local entity during the fiscal year of the violation. Additionally, the bill requires any agency that refuses to honor an immigration detainer to report such refusals to the attorney general.

Furthermore, the bill allows county corrections facilities to detain individuals subject to Immigration and Customs Enforcement (ICE) for up to 48 hours after their state charges are resolved, excluding weekends and holidays, to facilitate the transfer of custody to federal authorities. This provision is inserted into RSA 30-B:1, and it does not prevent counties from entering agreements under RSA 30-B:16. The bill is set to take effect on January 1, 2026, and while it does not project immediate revenue impacts, it indicates that enforcement actions could lead to indeterminate increases in state and county expenditures related to legal costs and the housing of detainees.

Statutes affected:
As Amended by the Senate: 30-B:1