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Sponsor pitches bill to restrict private immigration detention and require state oversight
Summary
Representative Timothy Horrigan said House Bill 438 would bar for-profit operation of state-authorized immigration detention facilities, require civilian control and require notification to state officials about federal facilities.
Representative Timothy Horrigan opened the public hearing on House Bill 438 and described the measure as an update to prior legislation to address immigration detention facilities and prevent abuses.
Horrigan said the bill updates references to 2025 editions of documents and seeks to prevent detention based on ethnicity or national origin, bar for-profit operators and require civilian control of state-authorized facilities. He also said the bill would require that the governor obtain Executive Council consent to use the National Guard for immigration deportation activities.
"Immigration detention facilities will not be allowed to detain citizens of the United States," Horrigan said in describing the bill's intent, and later added the bill would "not be operated by for profit entities." He told the committee the bill is meant to "prevent or at least discourage the state government of cooperating with any future mass deportation campaigns."
Committee members asked about contractual versus agreement relationships between Strafford County and federal authorities; Representative Bailey noted a county official's characterization that the county has an "agreement" rather than a contract. Horrigan acknowledged that federal payments and local operations create an implied contractual relationship and suggested the committee may want to consult county commissioners before final action.
Representative Grotta presented an amendment drafted by an immigration attorney (Representative Patrick Long) that would delete or revise several sections of the draft, including provisions on private contracts, operator agency definitions and segregated housing language. Grotta said the amendment is a near-complete rewrite and urged the committee to review it with its author present.
Committee discussion included questions on language about "detaining immigrants" versus "arrests," and members noted the desirability of involving the amendment's drafter in future deliberations. Representative Horrigan said he preferred having a regulatory framework and protections in place rather than leaving the state entirely unregulated.
No formal vote was taken in the hearing; representatives asked for follow-up information and for stakeholder input. The public hearing was closed without an immediate committee recommendation.
