By PAULA TRACY, InDepthNH.org
CONCORD – New Hampshire officers working for federal Immigration and Customs Enforcement through 287 (g) agreements would not be able to wear a mask, cover their badge number, name tag or disable their body worn cameras under a bill filed by a Democratic senator that was heard Tuesday with all in-person testimony in support.
But some Republican senators asked if that could jeopardize officer safety when dealing with criminals who are part of international gangs.
There are now 13 agencies that have signed agreements to allow their officers to work with ICE under the so-called federal 287(g) program. They include the four counties of Belknap, Grafton, Rockingham and Hillsborough and police in Candia, Carroll, Colebrook, Gorham, Auburn, Troy, Ossipee, Pittsburg and the NH State Police.
Senate Bill 623, sponsored by state Sen. Debra Altschiller, D-Stratham, establishes requirements for law enforcement officers assisting the United States Immigration and Customs Enforcement pursuant to federal 287 (g) agreements that allow for local officials to assist in federal enforcement in federal laws.
It was heard by the Senate Judiciary Committee.
“This act may be known as and cited to as the ‘Granite State No Anonymity in Immigration Enforcement Act’.” It states that any state or local law enforcement officer who is assisting the United States Immigration and Customs Enforcement pursuant to the federal 287(g) program shall clearly display either their name or their badge number, no officer shall wear any facial covering or mask and no officer shall disable or disengage their body-worn camera.
Altschiller introduced the bill and said the legislation upholds the trust the state and its communities have worked hard to develop between law enforcement and the public.
While communities and counties can choose to participate in the federal program, she said, it puts officers under federal control with their work “supervised and directed by ICE.”
Altschiller said the feds come in with a blanket memorandum of understanding but obscuring the faces and identities of those carrying out that mission “creates a serious problem.” Citing recent incidents in Minneapolis and other locations, she said, that ICE has “diverged from standards” held and expected in New Hampshire where it is the law that officers wear identifying information, with some exceptions for undercover work.
Altschiller said Human Rights Watch has found that ICE increasingly has obscured faces of its officers.
Research, she said, has shown that such activity creates fear and increases the cessation in reporting crimes and a withdrawal from civic participation in general.
She said New Hampshire has invested in body worn cameras that result in better transparency and accountability which protect both the officer and the public.
“These are not radical requirements. These are standards that New Hampshire officers already meet in their daily work. This bill ensures they maintain these standards while operating under federal supervision. New Hampshire has invested decades and substantial resources,” Altschiller said and this maintains that standard.
Sen. Bill Gannon, R- Sandown, asked if the federal agreements are voluntary to communities and counties and he was told, yes.
“What if they are going after known gang members and their faces are exposed?” Gannon asked. “Maybe they want to protect our officers.
Altschiller said she appreciated the hypothetical and that it was not far-fetched. She said ICE agents are now using facial coverings 90 percent of the time.
Gannon asked about the situation in Minnesota where anti-ICE protesters interrupted a church service where an ICE officer was the faith leader.
Then he asked about body cameras and communities that don’t have them. Altschiller said the bill does not require them but it says if they have them they cannot disable them while working with ICE.
Sen. Daryl Abbas, R-Salem, asked about undercover law enforcement officers assisting ICE.
Altschiller said she was unaware of undercover operations for these agreements.
She added that the two organizations and their missions might not “jibe with each other.”
Gannon asked why would the state intervene with a series of contracts already signed.
Altschiller said this does not impede any agreements.
“It doesn’t even go around the side door to get there,” she said.
David Trumble, of Weare testified in support of the bill.
He said overall, the means and methods ICE uses should be in compliance with local policies. He said studies have shown that body worn cameras work both ways and are supported generally.
The bill could also enhance public trust among people of color if made law, Trumble said.
Sen. Abbas asked his source for basing that assertion.
He said he does not have a study on it but numerous news reports and anecdotal evidence would suggest it as beneficial.
David Holt, a self-identified third generation immigrant who lives in Somersworth also spoke in support.
It protects the state, he said and allows for trust and accountability.
Executive Councilor Karen Liot Hill, D-Lebanon also spoke in support. She said the bill addresses an urgent need for clarity and comes at a time when trust is being undermined by ICE.
Gannon asked if there could be circumstances where masks could be useful in protecting officers.
She said there are in current law exceptions to those requirements for undercover work. She said having a particular exception that could be crafted into the bill, perhaps an amendment could cover that.
In New Hampshire, she said the public has an expectation that New Hampshire law enforcement will be identified. “It is important for the public that we establish clarity on this,” she said.
Gannon asked about those who have signed agreements and would not this be “getting in the way?”
“Why are we interfering,” he asked. There have been some exceptions, he said, but there have been tens of thousands of illegals deported, “successful deportations.”
Liot Hill said there have not been thousands deported from New Hampshire. This is a relatively new area of law, she said. “When we know better we do better,” she said.
Senate President Sharon Carson, R-Londonderry, said it may make sense to wear masks with the cold temperatures out there these days. And she said there could be retribution to those officers who could face retaliation or harassment.
Liot Hill said the question highlights the difficult position we are putting New Hampshire law enforcement in.
Carson said Liot Hill did not answer the question about possible retribution for officers.
“You have to protect the police officers who are putting their life on the line,” Carson said.