By ZACH LAIRD, InDepthNH.org

GORHAM — Police Chief Jimmy Willhoite defended the department’s participation in Immigration and Customs Enforcement’s (ICE) 287(g) program during Monday’s Board of Selectmen live streamed meeting, saying he maintains local control and that it adds training for police officers.

The program authorizes local law enforcement officers to perform immigration officer functions under the direction of ICE. During Town Meeting in March, Gorham voters recommended withdrawing from the program, though Willhoite later released a memo that defended the department’s participation in 287(g), which was later rebutted by the The American Civil Liberties Union of New Hampshire.

Willhoite said he stands by his previous decisions to participate in the agreement. He explained that he issued a standard operating procedure which all Gorham police officers must follow, adding that “it strictly limits our authority.”

“The policy clarifies that we will not actively search for individuals based solely on immigration
status. We will only act under 287(g) when we have lawful police contact,” he said.

He added, “They (ICE) don’t control us. I still control this department. They cannot tell my officers what to do… We arrest them (illegal immigrants), they’re coming to our jail, and we check, and it’s like, ‘Oh, they have a warrant from ICE.’ We call ICE, now that prisoner becomes the authority of ICE, and they will direct us what to do with that person.”

Willhoite reiterated that the only authority ICE has on the department in this case is that ICE can tell the department what to do with the individual once they are in custody. He said officers received 24 hours of training and had to pass a test before being authorized to act.

He clarified that the department is part of 287(g)’s Task Force Model, which can make the department eligible for future grants and reimburse officers time assisting immigration operations, though Willhoite said he has no plans to seek funding. He said since the department signed up for the program, they have not made any arrests on behalf of ICE.

In his memo that supported his decision to participate in the program, Willhoite said that while being in 287(g) enables the department to receive federal funding and technical support, he said withdrawing would remove that funding and expose the town to a 25% reduction in state funds. 

“In 2025, the town received $710,000 in state funds, withdrawing from 287(g) would result in a direct loss of $177,500 to taxpayers. I am unwilling to impose that financial burden on Gorham residents,” he said in the memo.

Abby Evankow, a Gorham resident who advocated for the police department to withdraw from the program, began the discussion by noting that an adoption of a warrant article by voters — even one that is advisory in nature — is a solemn act of the town’s legislative body.

“For town officials to ignore an act of the town’s legislature is to set aside the considered judgment of the citizens whom our officials are pledged to serve… It has become not just a question of whether our police department will remain under federal control, but a question of who governs our town,” she said.

Evankow continued that since the Board of Selectmen cannot interfere by law, the next best course of action “is to ensure that the candidates to replace the chief upon his retirement clearly understand the town’s legislators have spoken on this matter, and expect the chief to honor our judgment.”

Sandra Sheridan, a Gorham resident, supported the police department participating in 287(g) and recalled how she and her husband were previously hit in a head-on collision. Sitting next to Evankow, she said: “For you to sit here and defend them (illegal immigrants) trying to stay in this country hurts personally.”

The Memorandum of Agreement (MOA) between the police department and the Department of Homeland Security gives officers the authority to “interrogate any alien or person believed to be an alien,” and to “process for immigration violations those individuals who have been arrested for State or Federal criminal offenses.”

It gives local police officers 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, 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.”

The MOA also states that the agencies will be responsible and bear the costs of participating agencies personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability.

The decision to possibly withdraw from the program rests solely with the police chief and the board took no action on the matter.

Gov. Kelly Ayotte previously encouraged law enforcement agencies throughout the state to cooperate with ICE through agreements under 287(g).

“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. I support and encourage New Hampshire law enforcement agencies to cooperate with ICE to enforce our laws and keep our communities safe,” Ayotte said.

According to ice.gov, President Donald Trump issued Executive Order 14159 on Jan. 20, 2025, which requires ICE to authorize state and local law enforcement officials to assist immigration efforts.

Other law enforcement agencies in New Hampshire currently signed up for the program include Auburn, Candia, Carroll, Colebrook, Epping, Ossipee, Pittsburg, and Troy. On March 25, the Whitefield Police Department also signed up to participate, per ice.gov. The Belknap, Grafton, Rockingham and Hillsborough county sheriff’s departments have also signed up, as well as State
Police.