Commissioners weigh legal response to 'sanctuary' article and review jail ICE‑detainer practices

Chair opened a broad discussion after a recent New Hampshire Journal article listed Cheshire County among jurisdictions described as "sanctuary." The chair said the county had never passed a resolution or adopted a policy authorizing such a designation and that the article was inaccurate.

"There has never been a conversation with the commissioners. There's never been a discussion or resolution or motion of any kind," the chair said, noting she had already sent a letter to the Journal seeking correction. Commissioners debated whether to pursue legal action, to coordinate a joint letter with Hillsborough County, or to ignore the piece and avoid amplifying it. One commissioner urged caution: pursuing litigation or a takedown could give the article ‘‘more legs’’ than it currently has; others said they want to demonstrate clear steps to protect federal funding if mislabeling leads to public or political consequences.

The meeting then moved to an extended operational briefing on jail practice and ICE detainers. Doug (the jail representative) explained existing practices: the county notifies ICE if an arrestee who has criminal charges is detained and an ICE detainer exists, but the jail does not book or hold persons solely on civil detainer requests because doing so can create legal liability.

"We're liable if we book them in, and there's no criminal charges," Doug said, explaining that civil immigration detainers are requests, not binding orders, and that holding someone without criminal charges risks litigation. The jail official added that the jail lacks direct NCIC access; local law enforcement and dispatch handle warrant checks and NCIC queries, and the jail receives notification of active warrants when they are found.

Commissioners asked for legal review of federal funding risk and a determination of what steps the county should take to show cooperation with other agencies while avoiding legal exposure. The chair said she would reach out to counterparts in Hillsborough County and to county counsel for recommendations.

Why it matters: Questions about whether a county is perceived as a "sanctuary" jurisdiction can affect public perception and, potentially, relations with federal partners and grant decisions. Clarifying the county's practice on detainers and documenting communications with media may reduce risk to federal funds and address constituent concerns. The board asked staff to seek legal advice and to coordinate with neighboring counties where appropriate.