By GARRY RAYNO, InDepthNH.org
CONCORD — Three bills aimed at stemming the tide of undocumented immigrants into New Hampshire were before the Senate Judiciary Committee Thursday.
All three bills were sponsored by committee chair Sen. Bill Gannon, R-Sandown, who said he was responding to concerns expressed by his constituents.
All three bills were opposed by the American Civil Liberties Union — NH and the American Friends Service Committee saying they would create mandates on local communities that may override local concerns and policies, as well as put undocumented immigrants in the crosshairs of federal agents for simply driving into the state.
But Gannon and others including a representative from the Federation for American Immigration Reform said the bills would ensure state law enforcement cooperates with federal immigration officials and would enhance the state’s public safety.
Senate Bill 71 would prohibit sanctuary cities or towns in the state. The bill states “local governmental entities may not prohibit or impede any state or federal law enforcement agency from complying with federal immigration laws, and provides for remedies for violations.”
Under the bill the Attorney General could bring suit against a community thought to violate the law, and the community could be subjected to an injunction and punitive damages that could be up to 25 percent of the state funds received by the local government entity.
Senate Bill 13 would invalidate a driver’s license issued by another state to an undocumented immigrant who drives in New Hampshire and would be guilty of a class B misdemeanor.
The Division of Motor Vehicles would maintain a database of the various licenses issued by other states designating a potential undocumented immigrant.
The bill is based on a Florida law, the only state in the country with such a statute.
State motor vehicle officials said the bill would not interfere with the 50-state compact formed to share best practices including sharing warrant and violation activity.
Senate Bill 62 would prevent any local legislative body, municipal, county or state from preventing law enforcement from entering into what are called 287G agreements between Homeland Security and local law enforcement under two programs allowing local law enforcement to perform some duties of federal immigration agents in prisons such as interrogating those being held and warrant serving and processing activities.
Currently 16 states participate in the program.
Licenses
During the hearing on SB 13, committee member state Sen. Debra Altschiller, D-Stratham, noted the Federation for American Immigration Reform has been declared a hate group after Shari Rendall of the organization testified in favor of the legislation.
Committee Vice Chair Daryl Abbas, R-Salem, raised a point of order saying they should be sticking to the topic of the bill, but Altschiller said the issue is the credibility of the testimony, noting the organization has spent three decades involved in spreading hate and maybe the committee ought to consider that.
The committee took a 10-minute break, returned and Gannon said the committee would stay on the bill’s topic.
There are those in the country who want to harm Americans like the 9/11 terrorists while the licenses to illegal aliens serve as shields to those who want to do harm, Rendall said.
The bill “would protect public safety and national security,” Rendall told the committee, “and ensure that New Hampshire does not become a magnate for illegal immigration.”
But Grace Kindeke of the American Friends Service Committee of New Hampshire, said the bill “does nothing to benefit New Hampshire people, it does not increase or enhance public safety or the wellbeing of New Hampshire residents, but will promote injustice and divide the immigrant community and citizens.
She reminded some at the hearing that an alien is someone not born on this planet, while immigrants are born on this planet. “Immigrant is not a separate category of people,” she said.
The bill would have a negative impact and damage the state’s reputation, Kindeke said.
“I have a hard time understanding why we want to be like Florida. We live in the ‘live free or die’ state and we are a welcoming state,” she said. “If this bill passes it will ensure people will take their business elsewhere.”
Gilles Bissonnette, legal director of ACLU-NH said the bill set up the scenario of an individual with a lawfully issued license, but by crossing the border, commits a class B misdemeanor.
He said that takes it a step further than whether to issue licenses to undocumented immigrants, this concerns licenses issued in other states, noting only one in 50 states does this.
Whether the person is an undocumented immigrant is not always noted on the license, which puts police in the situation of having to profile the driver, he noted.
“Why put them in that spot when it has nothing to do with the stop itself,” Bissonnette said. “It is an uncomfortable position.”
He said an undocumented immigrant could be immediately deported if he or she commits a criminal offense, and this bill would capture a civil violation as well. The Supreme Court has said being an undocumented immigrant is not a crime, Bissonnette said.
Abbas asked if a class B misdemeanor would result in detention or deportation if an undocumented immigrant otherwise had a clean record, and Bissonnette said he would need more time to think about that before he could answer.
Sanctuary Cities
Gannon said his bill would prohibit any government entity in New Hampshire from impeding or refusing to communicate or work with federal agencies to enforce federal immigration law.
What has gone on at the southern and northern border is a disaster and has done tremendous damage to cities and towns, he said.
Gannon noted there are four towns in New Hampshire that have “welcoming policies” which prohibit police from doing anything to help federal enforcement of immigration laws. He named Hanover and Lebanon, but did not remember the other two.
“Sanctuary policies harm the residents of New Hampshire,” he said, and sanctuary cities get what they don’t want, which is more agents in their boundaries.
“The only immigration New Hampshire welcomes and New Hampshire welcomes it,” Gannon said “is legal immigration.”
Sen. Tara Reardon, D-Concord, noted it is already a violation of state and federal law to interfere with federal enforcement officers. Is that not sufficient, she asked.
Gannon said his bill contains a penalty for a carrot and stick approach to make it more conducive to stopping what they are doing.
“Is this a mandate,” she asked, and Gannon said it was.
Bissonnette noted the bill would mandate that cities and towns do things for federal agents, but does not specify what those things are.
“We are taking power away from local communities . . . and from local police chiefs,” he said. “You would have to do what fed officials want, no matter how costly.”
Bissonnette also noted there is no provision for the federal government or state to reimburse communities for their costs.
Reardon noted the Merrimack County Jail receives over $100 a day for holding immigrants for ICE but there is nothing like that in this bill.
The bill would hurt the relationship of law enforcement with community members, Bissonnette noted, and if undocumented immigrants cannot go to local police without fear of federal involvement, they may not report a crime, or be a witness.
There is no card from the victims to testify on this bill, Bissonnette said.
“The bill would allow federal agents to commandeer resources of local police to do the job they should be doing,” he said.
Sen. Tim McGough, R-Merrimack, also supported the bill noting he represents four towns in Hillsborough County, which contains 30 percent of the state’s population and is a sanctuary county.
He noted just hours ago ICE agents arrested eight violent criminals just 45 miles from the border of communities he represents.
“I am grateful you are bringing this bill back,” he said, “It is a vital bill.”
Homeland Security
Gannon told the committee he views SB 62 as enabling legislation to make law enforcement and communities aware of the program.
However, Bissonnette and others said the way the bill is written would prohibit any governing body from stopping their police department from entering into the 278G agreements with Homeland Security.
If the police chief decided to enter an agreement the selectmen or city council would not be able to overturn that decision under the language of the bill, he said.
Bissonnette also said enabling legislation would not be necessary because there is nothing preventing cities or towns from entering the agreements now.
The committee did not make any commendations on the three bills, but will meet again Tuesday to discuss the bills.
Garry Rayno may be reached at garry.rayno@yahoo.com.
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