NH State Police enter into agreement with ICE to train troopers to act as immigration agents

CONCORD, NH – New Hampshire State Police have entered into a Memoranda of Agreement (MOA) with U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security.

“New Hampshire will not go the way of Massachusetts, where sanctuary policies have enabled violent crime and a billion-dollar illegal immigrant crisis,” said Governor Kelly Ayotte. “Criminals who are in our country illegally and pose a danger to our communities should be apprehended and removed. I’m glad to have State Police and county and local law enforcement working with our federal partners to enforce our immigration laws, and I thank them for their continued efforts to protect and serve New Hampshire.”

Designated duties as outlined in the 14-page MOA (see full MOA below) include:

• The power and authority to interrogate any alien or person believed to be an alien as to his right to be or remain in the United States (INA§ 287(a)(l) and 8 C.F.R. § 287.S(a)(I)) and to process for immigration violations those individuals who have been arrested for State or Federal criminal offenses.

• The power and authority to arrest without a warrant any alien entering or attempting to unlawfully enter the United States in the officer’s presence or view, or any alien in the United States, if the officer has reason to believe the alien to be arrested is in the United States in violation of law and is likely to escape before a warrant can be obtained. INA § 287(a)(2) and 8 C.F.R. § 287.S(c)(I). Subsequent to such arrest, the arresting officer must take the alien without unnecessary delay for examination before an immigration officer having authority to examine aliens as to their right to enter or remain in the United States.

• The power to arrest without warrant for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if the officer has reason to believe the alien to be arrested is in the United States in violation of law and is likely to escape before a warrant can be obtained. INA§ 287(a)(4) and 8 C.F.R. § 287.5(c)(2).

• The power to serve and execute warrants of arrest for immigration violations under INA § 287(a) and 8 C.F.R. § 287.5(e)(3).

• The power and authority to administer oaths and to take and consider evidence (INA§ 287(b) and 8 C.F.R. § 287.5(a)(2)) to complete required alien processing to include fingerprinting, photographing, and interviewing, as well as the preparation of affidavits and the taking of sworn statements for ICE supervisory review.

• The power and authority to prepare charging documents (INA§ 239, 8 C.F.R. § 239.1; INA § 238, 8 C.F.R § 238.l; INA§ 24l(a)(5), 8 C.F.R § 241.8; INA§ 235(b)(I), 8 C.F.R. § 235.3) including the preparation of the Notice to Appear (NTA) or other charging document, as appropriate, for the signature of an ICE officer for aliens in categories established by ICE supervisors.

• The power and authority to issue immigration detainers (8 C.F.R. § 287.7) and I-213, Record of Deportable/lnadmissib]e Alien, for aliens in categories established by ICE supervisors.

• The power and authority to take and maintain custody of aliens arrested by ICE, or another State or local law enforcement agency on behalf of ICE. (8 C.F.R. § 287.5(c)(6))

• The power and authority to take and maintain ·custody of aliens arrested pursuant to the immigration laws and transport (8 C.F.R. § 287.5(c)(6)) such aliens to ICE-approved detention facilities

The MOA, which became effective April 25, 2025, will provide State Troopers with the authority to perform certain immigration enforcement functions under a Task Force Model after they are trained and certified by ICE in the coming weeks and months.

According to ICE, 230 other agencies in 24 states have signed similar agreements.

“The members of the New Hampshire State Police are committed to keeping our communities among the safest in the nation,” said Colonel Mark B. Hall. “Under this agreement, Troopers will be authorized and trained by ICE on how to better respond to immigration violations that they encounter. However, residents and visitors should be assured that our mission remains the same as it always has been.”

A copy of the MOA is available on the New Hampshire State Police website.

Additional information on the 287(g) Program can be found on ICE’s website.

The full MOA is below.

new-hampshire-state-police-tfm-moa-ice-signed-4.25.25Download