By PAULA TRACY, InDepthNH.org

CONCORD — Exactly what state officials knew of a possible federal ICE detention facility in Merrimack – and when they knew it – were the subjects of an emergency meeting Wednesday by the state’s Executive Council.

The council learned that the state Division of Historical Resources was asked about any historical value of a property at 50 Robert Milligan Parkway in Merrimack, which is being considered as a federal Immigration and Customs Enforcement detention facility. That location would hold as many as 1,500 detainees, as was first reported Dec. 24, 2025, in the Washington Post.

Republican Gov. Kelly Ayotte, who was criticized after ACLU-NH made the information public after filing a right-to-know request, because she had said she had no information on the project even after ICE contacted the state agency.

Tuesday’s ACLU press release said: “These documents confirm that ICE is not only planning to build a human detention facility in Merrimack, but also that it is actively pursuing legal approvals to do so while declining to tell the public, the press, or the town of its plans,” said Devon Chaffee, Executive Director of the ACLU of New Hampshire. “In just the first three weeks of 2026, six people have died in ICE custody across the country. We demand more answers, more transparency, and more opposition from our elected leaders to ensure that this disturbing and deeply harmful proposal does not become reality in the Granite State.”

Ayotte said she was not made aware of the Section 106 review until she read about the Right-To-Know request filed by ACLU-NH.

Ayotte said she received no information after repeated requests to the Trump Administration, and she is asking Attorney General John Formella to conduct a review of what happened.

Sarah Stewart, commissioner of the state Department of Natural and Cultural Resources, said she welcomed the review and takes full responsibility for the lack of communication with the governor’s office.

She noted she did not know of the federal request, but said where the process failed was internal notification.

“My responsibility is to run a professional, lawful department that follows federal and state requirements and keeps the governor informed of sensitive matters,” Stewart said. “Where the law required transparency, we complied. Where our internal process fell short, I have addressed it. I am committed to making sure this does not happen again.”

Ayotte said she was particularly concerned that she was not able to give the Town of Merrimack information about the matter.

Stewart was appointed by former Gov. Chris Sununu. On Nov. 10, 2025, Stewart told the Executive Council she would not seek another term when it ends this June.

Executive Councilors David Wheeler, R-Milford, and John Stephen, R-Manchester, said Stewart’s breach was unacceptable, and Executive Councilor Janet Stevens called it “an absolute disgrace.”

Executive Councilor Karen Liot Hill, D-Lebanon, said people are human and make mistakes and that this is a “big wake up call” for procedure, adding that she was shocked the federal government did not respond to Ayotte’s requests for information.

Executive Councilor Joe Kenney, R-Wakefield, said Stewart took full responsibility and did not throw her employees “under the bus.”

Stewart provided a timeline for the councilors on when she became aware of the proposed facility. It states that in July, she had a right-to-know training for her staff. She noted previously in statements that she had asked that she be notified of any such requests.

In mid-January, the U.S. Department of Homeland Security submitted an email for consultation with Stewart’s Historic Resources Department regarding the proposed use of the Merrimack facility where it stated plans for an ICE facility.

Stewart noted this is one of about 1,300 annual reviews requested under this federal act, which is usually the first step the federal government needs to take in acquiring a property. The Section 106 reviews are advisory only and no approval or rejection is involved.

The state historic resources staff responded on Jan. 21, indicating there were no historic aspects to the property.

On Jan. 26, the ACLU of New Hampshire submitted a Right-to-Know request, and documents were released within the statutory timeframe.

“Commissioner Stewart was not informed of the Section 106 consultation or RTK request,” the timeline reads. “She learned of both on Feb. 3, via the governor’s chief of staff.”

“The DNCR has no reason to believe that any employee or staff members made any outreach or coordination with the ACLU prior to fulfilling the Right-to-Know request,” the timeline reads.

“At the time of the (federal) request, the documents were treated as standard consultation correspondence,” Stewart told the council.

Ayotte and others said that it is important for there to be communication, especially on matters that are so important to the public such as the potential for an ICE detention facility.

“The Department failed to inform the Governor’s Office of this significant request and I, as commissioner, take full responsibility for this failure of process within my agency,” Stewart said. “Division directors are supposed to notify me of any Right-to-Know requests or Section 106 requests for review of any matters potentially significant to the state. I have reminded my team to notify me of requests of this nature, so I am positioned to review them and alert the Governor’s Office on all sensitive matters.”

Ben Wilson, director and state historic preservation officer, attended the meeting with Stewart and said he felt embarrassed and horrible that she was being blamed for the lack of communication. It was indicated that three members of the department knew of the request.

Stewart said there was no attempt to withhold information, no intent to deceive, and absolutely no communication or coordination with the ACLU-NH by her or at her direction.