HANOVER — As state and federal pressure on “sanctuary jurisdictions” intensifies, the future is uncertain for policies aimed at protecting immigrant communities in some Upper Valley municipalities.
Last month, New Hampshire Gov. Kelly Ayotte signed two bills into law that ban municipalities from preventing local law enforcement from cooperating with federal immigration authorities.
The bills, SB 62 and HB 511, don’t fully go into effect until 2026, but they contradict ordinances in place in both Hanover and Lebanon. Jurisdictions that have policies that prevent or discourage local police agencies from being deputized as immigration enforcers are often referred to as “sanctuary cities.”
“Today, we’re delivering on our promise by banning sanctuary cities and supporting law enforcement cooperation with federal immigration authorities,” Ayotte said in a news release from her office. “New Hampshire will never be a sanctuary for criminals, and we will keep working every day to remain the safest state in the nation.”
The May 22 enactment of the state laws follow President Donald Trump’s April 28 executive order that directed Homeland Security Secretary Kristi Noem and Attorney General Pam Bondi to publish a list of jurisdictions “that obstruct the enforcement of Federal immigration laws.”
The anti-immigrant initiatives come as Hanover residents passed a Town Meeting warrant article this spring calling on town officials not to enter any agreements with U.S. Immigration and Customs Enforcement, or ICE. The article strengthens Hanover’s 2020 Fair and Impartial Policing Ordinance which prevents Hanover police officers from aiding in civil immigration enforcement activities carried out by the federal or state government.
Sharon Racusin, a Hanover resident who helped collect nearly 140 signatures in support of the Town Meeting warrant article, called SB 62 and HB 511 “racist to their core.”
“The people are saying they want one thing and (Ayotte’s) doing another,” Racusin said in a phone interview Wednesday.
Hanover is currently “conducting a thorough legal review to fully understand the implications of the executive order and the New Hampshire law,” Town Manager Robert Houseman said in an email to the Valley News.
The laws do not mandate departments to enter into agreements with ICE, Houseman noted. “The Town’s review is focused on ensuring compliance with New Hampshire law while upholding community values, and maintaining community trust, public safety, and respectful engagement with all residents,” he said.
On May 29, a week after Ayotte signed the bills, the U.S. Department of Homeland Security, or DHS, released a since-rescinded list of jurisdictions “deliberately obstructing the enforcement of federal immigration laws and endangering American citizens.”
Hanover and Lebanon appeared on the list, as did the entire state of Vermont. Lebanon has a welcoming ordinance, approved in 2020, which has similar language to Hanover’s Fair and Impartial Policing Ordinance. Vermont has a statewide fair and impartial policing policy that prevents officers from participating in civil immigration enforcement.
However, DHS quickly deleted the list from its website. Noem said on Fox News’ “Sunday Morning Futures” that there had been anger from some local officials about the list. However, she didn’t address why it was removed from the website.
As of Thursday, the statement that accompanied the list remained on the department’s website: “DHS demands that these jurisdictions immediately review and revise their policies to align with federal immigration laws and renew their obligation to protect American citizens, not dangerous illegal aliens.”
Lebanon is undergoing a review of its policies since being included on DHS’s list, Jack Wozmak, the interim city manager, said in an email to the Valley News.
“No information or clarification has been provided to the city by DHS regarding the basis for its inclusion, the criteria used, or the implications of the list,” Wozmak said. “The city remains open to clarification from federal authorities and will respond accordingly if additional guidance is received.”
Even with the signing of the two state laws allowing police to override the wishes of residents, the Hanover Police Department has “no intention” of entering into any agreements with ICE, Police Chief James Martin said in a phone interview Wednesday.
In his four years at the department, federal immigration authorities have never requested that the Hanover Police aid them in enforcing immigration matters and the department has never had an encounter with an individual with questionable immigration status, Martin said.
While the statement from DHS says each jurisdiction on the list will receive a “formal notification of its non-compliance and all potential violations of federal criminal statutes,” Hanover and Lebanon have yet to receive such a letter.
Despite the changing political landscape, Lebanon Police Chief Phillip Roberts was clear about the duties of Lebanon police officers: “Our department does not enforce federal immigration law,” he wrote in an email to the Valley News. “We remain focused on our mission as local law enforcement: serving and protecting our community with fairness, integrity, and respect for all individuals.”
State Sen. Sue Prentiss, D-West Lebanon, voted against both of the bills Ayotte signed a few weeks ago.
“I don’t think that we should be using our own resources to do the work of the federal government when we can’t even cover our own public safety needs,” Prentiss, who was on the Lebanon City Council in 2020 when the Welcoming Ordinance passed, said in a phone interview Tuesday.
The Lebanon Police Department currently has listings for a patrol officer, a crossing guard and a contracted part-time prosecutor.
Prentiss also does not agree with the claim that Hanover and Lebanon’s policies on immigration enforcement mean the municipalities are harboring criminals.
“We’ve opened our cities and towns to say wherever you’re from, we’ll treat you like everyone else,” Prentiss said. “It does not mean if you commit a crime you’re not prosecuted.”
Being in the country illegally is a civil violation not a crime, according to the American Civil Liberties Union.
Even though Prentiss does not agree with the new state laws nor the federal government’s recent directives, she still thinks Lebanon and Hanover should follow the law.
“If the feds have something they can stand on, we’re in a position where we have to comply,” she said.
Emma Roth-Wells can be reached at erothwells@vnews.com or 603-727-3242. Material from the Associated Press was used in this report.
