By BOB MARTIN
Eagle Times Staff
On the heels of a Memorandum of Agreement (MOA) signed between the N.H. State Police and the U.S. Immigration and Customs Enforcement (ICE) where certified members will have the ability to conduct immigration officer duties, elected state officials weighed in on their feelings of what is a highly contentious situation that has now come down to the local level.
Republican Senators Daniel Innis (District 7) and Ruth Ward (District 8) released a joint statement in support of the MOA that took effect on April 25.
“We trust our law enforcement officers to keep our communities safe and applaud Governor Ayotte for giving the green light to cooperate with ICE agents,” the statement read. “As elected officials, public safety is our top priority, and having the official partnership between our officers and federal authorities will continue to make New Hampshire a safer state.”
Rep. George Grant, a Republican of District 5 representing Springfield and Sunapee, also spoke in favor of the MOA.
“I am very pleased to know that NH State Police are working with ICE to protect NH from illegal immigrants who are crossing our border or have already crossed illegally,” Grant wrote in an email.
Rep. John Cloutier, a Democrat from District 6 representing Claremont and Croydon, had a different take showing the polarization of the issue.
“This is national and now coming down to the state level, and we will be taking up Senate Bill 62 next week, which is on the same lines,” Cloutier said.
Senate Bill 62 is titled “Relative to law enforcement participation in a federal immigration program.” The bill states that “ neither the state nor any county, municipality, or other political subdivision of this state shall prohibit or impede any state, county, or local law enforcement agency from applying for entry or entering into an agreement with the United States Immigration and Customs Enforcement to participate in a federal 287(g) program pursuant to 8 U.S.C. section 1357(g).”
“I am very concerned about this,” Cloutier. “I am leaning on voting against this but understand that I want to hear from my constituents. Immigration is a difficult issue, but I believe it is a federal problem.”
Cloutier understands that ICE needs to be doing its job, but he noted that state police, local police and the sheriffs have plenty of local problems to deal with. He said having local law enforcement to deal with ICE issues does not sit well when they have other higher priorities.
“I think we have to be careful,” Cloutier said. “A lot of law enforcement agencies have a worker shortage, and they are short-handed partly because of salaries. It is competitive.”
Cloutier said he often hears of the departments being shorthanded, and constituents have told him there is not enough police protection in the first place, especially on nights and weekends. He worries that this could potentially impede day-to-day police activity locally.
The MOA gives nominated state Troopers the authority to perform “certain immigration enforcement functions” included in a Task Force Model. The troopers will be trained and certified by ICE in the coming weeks and months. When asked if Troop C, which represents Sullivan and Cheshire Counties, has candidates who will be trained, State Police Public Information Officer Tyler Dumont said, “We don’t have anything further to provide beyond yesterday’s release at this time.”
Personnel must undergo mandatory training on “relevant administrative, legal, and operational issues tailored to the immigration enforcement functions.” Training will be both in person and online, and in recorded or virtual meeting formats as determined by ICE. Only those nominated, trained, certified and authorized will have the authority to conduct “delegated immigration officer functions.”
Troopers who are certified will be authorized to interrogate “any alien or person believed to be an alien as to his right to be or remain in the United States.” They will be able to process immigration violations for those arrested for state or federal crimes.
State Police will also have the power to arrest without a warrant “any alien entering or attempting to unlawfully enter the United States in the officer’s presence of view,” or any alien in the U.S. who committed a crime and is likely to escape before police can get a warrant.
They will also have the power to arrest without warrant for felonies “committed and which are cognizable under any law of the United States regulating admission, inclusion, expulsion, or removal of aliens,” if the trooper feels the person who allegedly committed the crime would escape before a warrant was obtained.
Certified troopers will have the power to serve and execute warrants of arrest for immigration violations. They will also have the power to administer oaths and take evidence like finger printing, photographing and interviewing. They will prepare affidavits and take sworn statements for ICE supervisors to review, as well.
A rumor of ICE being in Claremont was swirling around social media just a week before the MOA was signed, and several members of the public brought this to the attention of The Eagle Times and lawmakers like Cloutier. People claimed to see ICE agents on Chestnut Street with State Police assisting with traffic on April 16 and April 18.
However, Public Information Officer Tyler Dumont said that this was not true, and that State Police had not been involved with ICE at that time. Cloutier said after hearing the concerns he looked into it, saying that local police and Mayor Dale Girard had no knowledge of ICE being in the city.
The social media post had more than 100 comments before being taken down, with some in favor of the involvement and others fearful for being “rounded up.” While there was no truth to the rumors according to State Police, the memorandum was signed into effect on April 25, opening the door for their involvement with ICE in the future.
Cloutier is “very leery” of local police doing this kind of federal immigration work.
“This is a very controversial issue among a lot of my constituents, and like the rest of the nation, it is very divided,” Cloutier said.
A request for comment was put out to all Sullivan County representatives and senators, as well as U.S. officials, but these were the only ones to comment back. U.S. Sen. Jeanne Shaheen’s office replied to a request for comment, but said she had no comment at this time.
