This bill establishes new legal provisions regarding the participation of state and local law enforcement agencies in federal immigration programs, specifically the 287(g) program, which allows for cooperation with U.S. Immigration and Customs Enforcement (ICE). It prohibits any state, county, municipality, or political subdivision from impeding law enforcement agencies from applying for or entering into agreements with ICE. Additionally, it allows local governmental entities to comply with federal immigration laws unless explicitly prohibited by state or federal law. The bill also introduces enforcement mechanisms, allowing the attorney general to take action against local entities that violate these provisions, including the possibility of punitive damages.

Furthermore, the bill authorizes county correctional facilities to detain individuals subject to ICE detainers for up to 48 hours after state charges are resolved, excluding weekends and holidays, to facilitate the transfer of custody to federal authorities. It mandates that any agency refusing to honor an immigration detainer must report such refusals to the attorney general. The bill includes new chapters in the Revised Statutes Annotated (RSA), specifically Chapter 106-P for participation in federal immigration programs and Chapter 106-Q, known as the Anti-Sanctuary City Act, which outlines definitions and enforcement mechanisms for compliance with federal immigration laws.

Statutes affected:
As Amended by the House: 30-B:1
Version adopted by both bodies: 30-B:1
CHAPTERED FINAL VERSION: 30-B:1