Bill Text: NH HB438 | 2025 | Regular Session | Introduced
Bill Title: Relative to immigration detention facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-29 - Public Hearing: 02/05/2025 10:30 am Legislative Office Building 306-308 [HB438 Detail]
Download: New_Hampshire-2025-HB438-Introduced.html
HB 438-FN - AS INTRODUCED
2025 SESSION
25-0500
09/05
HOUSE BILL 438-FN
AN ACT relative to immigration detention facilities.
SPONSORS: Rep. Horrigan, Straf. 10
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill regulates the contracting and operation of an immigration detention facility in this state and requires the governor to obtain executive council approval before deploying the national guard to any immigration detention facility.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0500
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to immigration detention facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Immigration Detention Facilities. Amend RSA by inserting after chapter 622-C the following new chapter:
CHAPTER 622-D
IMMIGRATION DETENTION FACILITIES
622-D:1 Private Contracts Prohibited. The state or a political subdivision of the state shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. Unless operated or regulated by the federal government, all facilities in this state which are used to detain immigrants in civil immigration proceedings shall be under civilian control, operated or regulated by the state, and shall operate in compliance with the provisions of RSA 622-D:2. Any immigration detention center operated or regulated by the federal government or an agency thereof shall inform the state of such facility.
622-D:2 Contracts for Immigration Detention.
I. If the state or a political subdivision of the state chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). All contracts under this section shall include as a party the state of New Hampshire and be approved by the attorney general.
II. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy.
III. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not detain any citizen of the United States in the immigration detention facility.
IV. An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility shall not utilize the detention facility or permit the detention facility to be utilized for mass deportation of immigrants.
V. An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity.
VI. Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees).
VII. If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility violates paragraphs II through V, or the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the attorney general, or any county attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the state of New Hampshire. An action brought by the attorney general or any county attorney may also seek a civil penalty of $25,000. If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section.
VIII. For purposes of this section, the following definitions shall apply:
(a) “Immigration detention facility” means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between state or a political subdivision of the state and either of the following:
(1) The United States Department of Homeland Security or other federal agency.
(2) A private corporation, contractor, or private vendor.
(b) “Immigration detention facility operator” means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or state or a political subdivision of the state that operates or owns an immigration detention facility.
(c) "Mass deportation of immigrants" means any federal or state effort to deport large numbers of individuals based on their ethnicity or national origin, or on their family members’ ethnicity of family origin, including undocumented immigrants, documented immigrants, and/or citizens. Nothing in this section should be construed to forbid officials from participating in routine immigration or criminal proceedings.
(d) “Segregated housing” means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards (PBNDS 2011) as revised in December 2016, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years.
2 New Section; Ordering National Guard to Immigration Detention Facilities. Amend RSA 110-B by inserting after section 6-a the following new section:
110-B:6-b Ordering National Guard To Immigration Detention Facilities. Notwithstanding any other provision of law, the governor shall not order into the active service any part of the national guard for any purpose involving deploying to immigration detention facilities, as that term is defined in RSA 622-D:2, unless the governor has first obtained the consent of the executive council.
3 Effective Date. This act shall take effect January 1, 2026.
25-0500
1/2/25
HB 438-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to immigration detention facilities.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill regulates the contracting and operation of an immigration detention facility and requires the Governor to obtain Executive Council approval before deploying the National Guard to any immigration detention facility. It also requires all contracts must include the state as a party and must be approved by the Attorney General.
The Department of Justice states the fiscal impact on the Department would depend on the quantity of enforcement actions initiated under this proposed chapter and the related personnel and litigation expenses for each case. Consequently, the Department would require an increase in its litigation budget by as much as $100,000 depending on the larger levels of enforcement actions. Given that the number of potential enforcement actions resulting from the enactment of this bill is currently unknown, the total fiscal impact remains indeterminable. If this bill leads to a notable increase in enforcement actions, the Department would need to add an attorney and a legal assistant to the Bureau of Civil Law. The projected costs for these positions are listed in the table below:
ESTIMATED FISCAL IMPACT (ROUNDED) | |||
| FY 2026 | FY 2027 | FY 2028 |
Assistant Attorney General Unclassified (1 position) | $125,000 | $129,000 | $129,000 |
Legal Assistant (1 position) | $78,000 | $82,000 | $84,000 |
Computers, office equipment, office space, travel, and other supplies | $12,800 | $7,000 | $7,000 |
Total Estimated Cost | $215,800 | $218,000 | $220,000 |
This bill does not provide funding nor does it authorize new positions.
The Judicial Branch states this could possibly result in an increase in civil cases in the Superior Court, however, there is no way to predict how many such actions would occur so any such increase is indeterminable. The Judicial Branch has provided average cost information for civil cases in the Superior Court:
NH Judicial Branch Average Civil Case Estimates
Judicial Branch Average Cost | FY 2025 | FY 2026 |
Superior Court Complex Civil Case | $1,430 | $1,473 |
Superior Court Routine Civil Case | $535 | $552 |
Common Civil Case Fees
Superior Court Fees | As of 2/12/2020 |
Original Entry Fee | $280 |
Third-Party Claim | $280 |
Motion to Reopen | $160 |
The Department of Corrections states there would be no fiscal impact on the Department as they do not house detained immigrants and do not engage in receiving funds for the detention of immigrants for profit.
AGENCIES CONTACTED:
Department of Corrections, Department of Justice, and Judicial Branch
