Gov. Kelly Ayotte is encouraging New Hampshire law enforcement to partner with U.S. Immigration and Customs Enforcement in a program that allows officers to question individuals about their immigration status during routine duties.

“It is critical for state and local law enforcement to cooperate with federal authorities and protect our citizens. Criminals who are in our country illegally and pose a danger should be apprehended and removed,” Ayotte, a former attorney general, announced Thursday. “I support and encourage New Hampshire law enforcement agencies to cooperate with ICE to enforce our laws and keep our communities safe.”

Immigration and Customs Enforcement has the authority to delegate some of its power in certain circumstances. The program, which was created in 1996, was revived by President Donald Trump’s Executive Order calling for enhanced enforcement of immigration laws.

New Hampshire State Police and the Belknap County Sheriff’s Office have filed applications to participate in the program, joining the Gorham police department, which is already listed as a participating agency.

Department of Safety Commissioner Robert Quinn said reinstating the task force model would give New Hampshire State Troopers both the legal authority and protection needed when dealing with individuals who are in the country illegally.

“This agreement will strengthen our longstanding partnerships with federal, state, county and municipal law enforcement agencies, including efforts tied to our state-run Northern Border Alliance program,” Quinn said in a statement. “It also helps ensure New Hampshire’s law enforcement officers can act swiftly to remove dangerous criminals and keep our communities the safest in the Nation.”

ICE operates three programs that grant state and local officers the authority to carry out certain immigration enforcement duties under the agency’s supervision.

Ayotte is advocating for participation in the task force model, which serves as a “force multiplier” by integrating limited immigration enforcement into routine police work.

Local police officers, during routine duties like traffic stops, would be able to question individuals they suspect may not be legally in the U.S. and address immigration violations for people arrested on state or federal charges, according to ICE’s application for law enforcement agencies interested in joining the partnership.

In addition, local law enforcement have the authority to “arrest without a warrant any alien entering or attempting to unlawfully enter the United States in the officer’s presence or view.”

They would be authorized to transport immigrants without legal status to ICE detention centers, including those who are not accused of a crime.

The ACLU of New Hampshire has filed right-to-know requests to learn more about state applications to participate in the program and how the local agencies would work with ICE

Amanda Azad, policy director at ACLU NH said it is a “flawed and harmful program that undermines police and community trust and makes communities less safe.”

The task force model between ICE and local law enforcement was discontinued in 2012 after an investigation uncovered racial profiling and discrimination, and its potential revival in New Hampshire is raising similar concerns among advocates for immigrants.

At least 80 law enforcement agencies nationwide are taking part in ICE’s task force model.

Outside of New Hampshire, no law enforcement agencies in other New England states have applied to join.

Eva Castillo, director of the New Hampshire Alliance for Immigrants and Refugees, criticized Ayotte’s push for local law enforcement to check immigration status, saying it feeds into “the wrong stereotype that depicts immigrants as criminals and undesirables.”

“I’m not too happy with it,” said Castillo. “I wanted our governor to be a governor for all people of New Hampshire.”

She pointed out that many immigrants come from countries where police are seen as enforcers of oppressive governments, leading to deeply ingrained distrust.

Over the years, she said, it has taken significant effort from various police departments to rebuild that trust.

“It’s going to again create mistrust in police,” said Castillo. “We’re going to go back to stay away from the police. That’s going to make everybody else unsafe.”

 

Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com