Keene, NH and ICE Detainers: Navigating State Mandates and Local Policies

Legal Q + A

Jul 28

Written By Graham Settleman

While New Hampshire's recent legislation mandates cooperation with federal immigration authorities, Keene's local police face a balancing act between statewide directives and community-focused policing

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The city of Keene, New Hampshire, operates within a complex legal landscape when it comes to cooperation with U.S. Immigration and Customs Enforcement (ICE) detainers. While New Hampshire has recently enacted legislation aimed at prohibiting "sanctuary city" policies and encouraging cooperation with federal immigration authorities, Keene's local approach, particularly that of its police department, has historically emphasized a focus on local criminal matters rather than civil immigration enforcement.

Understanding ICE Detainers

An ICE detainer is a request from ICE to a federal, state, or local law enforcement agency to hold an individual for up to 48 hours beyond the time they would otherwise be released, to allow ICE to assume custody. It's crucial to understand that these detainers are requests, not judicial warrants, and compliance is generally voluntary for local agencies. They are issued when ICE believes an individual in custody is subject to removal from the United States.

New Hampshire's Statewide Shift

In recent years, New Hampshire has seen a push to prevent localities from adopting policies that would limit cooperation with ICE. Governor Kelly Ayotte, in May 2025, signed House Bill 511 and Senate Bill 62 into law. These bills aim to ban "sanctuary city" policies and mandate that local and state law enforcement agencies comply with immigration detainers for inmates. The legislation also prohibits policies that would obstruct the enforcement of federal immigration laws and prevents authorities from withholding immigration-related information about individuals in custody. This statewide shift legally compels localities, including Keene, to cooperate with ICE detainer requests.

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Keene's Local Policing Philosophy

Despite the new state laws, Keene's Police Department has historically articulated a policy focused on local public safety and criminal law enforcement. Keene Police Chief Steven Stewart has stated that the department would not involve itself in immigration enforcement efforts that do not coincide with local criminal cases. He emphasized that the department is busy with a full criminal caseload and lacks the time or resources to be involved in the enforcement of non-criminal immigration laws.

This stance reflects a common concern among some local law enforcement agencies that engaging in civil immigration enforcement can erode trust between police and immigrant communities, potentially making individuals less likely to report crimes or cooperate with investigations. While Keene's mayor, Jay Kahn, has stated the city will not impede federal authorities, the general philosophy has been to be a welcoming community for immigrants.

The Impact of New State Legislation

With the passage of HB 511 and SB 62, Keene's previous discretionary approach to ICE detainers has been significantly curtailed. The new state laws directly mandate cooperation, making it illegal for local governments to adopt policies that obstruct such cooperation. This means that while Keene's police department may prefer to focus solely on criminal matters, they are now legally required to honor ICE detainer requests within the parameters set by state law.

Therefore, while Keene's local leaders and police department have expressed a desire to prioritize local public safety and community trust, the recently enacted state legislation compels cooperation with ICE detainers in local jails and police custody. This creates a tension between local preferences and statewide mandates, with the latter now holding legal precedence.

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