A growing number of New Hampshire law enforcement agencies have been approved to join a federal program that deputizes local officers to carry out federal immigration enforcement, including serving warrants and detaining people suspected of being in the country illegally. No other law enforcement agency in any other New England state has asked to join the program this year.
The sheriff's office in Belknap and Grafton counties signed agreements to join Immigration and Customs Enforcement's 287(g) program. So have the police departments in Gorham, Ossipee, Colebrook and Pittsburg. State Police have a pending application. Prior to February of this year, no New Hampshire law enforcement agency was a part of the program.
Belknap County Sheriff William Wright said a dozen of his deputies are joining the training program. The office has about two dozen employees, according to a 2023 budget document. He said it was similar to other federal collaborations his department engages in, citing his experience serving warrants while he was assigned to a task force with the U.S. Marshals Service.
He added that while encounters with people without legal status were rare in Belknap County, having immigration-trained deputies in the county was a way to streamline the detention process and collaborate with ICE. He said it would be more effective for local police departments to call the sheriff’s office for an immigration incident instead of waiting for ICE agents from Massachusetts.
“With the ICE-related incidents, the only way I'll really know what's going on is to be involved,” he said. “When I choose to stand on the sidelines and not be involved, then I don't know what's going on and I get left out, so I can't protect the people if I don't know what's going on.”
The New Hampshire police departments that have announced their participation with ICE are part of the task force model of the program, which is meant to be a “force multiplier” for immigration enforcement while police are completing their routine duties.
Although 287(g) programs have existed for about two decades, the task force model has been particularly controversial. It was discontinued in 2012 following lawsuits over racial profiling of Latino drivers in North Carolina, but the Trump administration reinstated it in February following an executive order.
Local immigration advocates say that the program creates a potential for profiling, increases costs for local police departments and undoes the work those departments have done to build trust with local communities.
“Something like the 287(g) will just strike fear into the heart of the community,” said Sarah Jane Knoy from the Granite State Organizing Project. ”Because it will require police to not be concerned about community safety, but instead to try to enforce complicated federal immigration law.”
State Police follow a fair and impartial policing policy from 2019 that lays out specific guidance for troopers on immigration enforcement. For example, officers can’t stop or detain someone solely based on their perceived immigration status.
A spokesperson for State Police did not immediately return a request for comment about how this policy would work if that agency is accepted into the federal enforcement program. ICE has also not responded to a request for comment.
In response to the concerns about racial profiling, Wright said he didn’t think there is racial profiling in New Hampshire and was not aware of a case of racial profiling in the 27 years he has been in law enforcement.
A lawsuit in 2019 alleged racial profiling by a State Trooper.
Wright said that he will be monitoring the rollout of the program and discontinue the county’s participation with ICE if he doesn’t like something that’s happening, although he said he doesn’t anticipate any problems with participating in the program.
“We have professional law enforcement officers that work in New Hampshire,” he said. “We don't care about color, race or sex. What we care about is the safety of our people. We make car stops based on reasonable, articulable suspicion, and if probable cause is developed to effect an arrest.”
Advocates are also keeping an eye on newly-elected Hillsborough County Sheriff Brian Newcomb. The county has the state's two largest cities and the largest concentration of immigrant communities.
Although Newcomb could not be reached for comment on whether he plans on joining a 287(g) program, he promised to “lead the department in a positive direction that focuses on professionalism and fair and impartial policing,” during a brief speech before he was sworn into office last week.
For other law enforcement agencies, cost is a consideration when joining a 287(g) program. While ICE covers the cost of training deputized officers, as well as installing IT infrastructure, state and local governments are responsible for all personnel costs. That includes salaries, benefits, and overtime, as well as all administrative supplies.
Manchester Police Chief Peter Marr said his department is not planning to join a 287(g) program. He said he’s currently facing a significant staffing shortage, with 23 open positions. Since officers are already stretched thin while managing the increasing demands of the city, Marr said the department doesn't have the resources to take on additional responsibilities right now.
But he added the department is committed to maintaining strong partnerships with federal law enforcement agencies, including collaborating with ICE. While ICE detainers in Manchester are rare, they are followed by city police, he told the Manchester Board of Mayor and Alderman last week.
“We have several officers actively serving on federal task forces, working together on key investigations and initiatives that enhance the safety and security of both Manchester and the state,” Marr said in an email statement to NHPR. “We remain dedicated to ensuring our collaborative efforts with federal partners continue to be effective and impactful.”
