Northern border cited in anti-sanctuary city debate

Mar. 7—CONCORD — Concern over unlawful entry and drug trafficking at New Hampshire's northern border prompted the state Senate Thursday to endorse minimum mandatory prison terms for those selling deadly fentanyl.

It also had senators backing a requirement to have communities order their local police to give their "best efforts" in working with federal immigration authorities.

Senate Assistant Democratic Leader Becky Whitley, D-Hopkinton, noted the police chiefs in Manchester, Nashua, Dover, Portsmouth, Merrimack and Hudson all opposed the ban on sanctuary policies (SB 563).

"The data is clear. Immigrants commit far less crime than our native-born counterparts Those are the facts and we can't allow fearmongering to distract us," Whitley said.

Senate President Jeb Bradley, R-Wolfeboro, stepped down from the rostrum to speak in favor of the bill.

Bradley warned that without it, New Hampshire communities could become a magnet for a large influx of illegal immigrants as seen in New York, Boston and other major American cities.

"It is not fearmongering to talk about these problems; it is reality. I am sorry to say it, this is reality," Bradley said.

Later he added, "You want to stay the safest state in the nation? Do what it takes and that means pass this bill."

The Senate initially approved the bill, 14-10, with all Republicans in support and all Democrats against. The bill was then sent to the Senate Finance Committee for more review.

Hanover, Lebanon and Harrisville have "welcoming ordinances" that do not require law enforcement officials to cooperate with federal officials who have a request to detain someone believed to be here illegally.

Police chiefs' letter

In a letter to the Senate, the six police chiefs wrote in part, "this policy easily could keep local police from the important work they do preventing, investigating and prosecuting serious state crime."

Opponents said police generally work with federal officials when they have someone in jail for a state crime who's believed to be here illegally, but they should not have to provide information about someone who is the subject of a civil immigration detainer.

"The communities that you are purporting to save, they don't want this. They don't want this," Whitley said.

Gannon: Sanctuary policies have deadly consequences

Sen. Bill Gannon, R-Sandown, said critics are ignoring that cities holding themselves out as sanctuaries have had deadly consequences, citing illegal immigrants accused of murders off the campus of the University of Georgia and in Seattle, Washington.

"Policies like these have proven disastrous across the country; they are safe havens for criminals," Gannon said.

Sen. Lou D'Allesandro, D-Manchester, said the state has a tradition of local police working with legal-immigrant advocacy groups, and this bill puts at risk that cooperation.

In a related matter, the Senate passed, 14-10 and sent to the House a bill to permit landowners with property in current use to post no-trespassing signs for those using it for other than recreational purposes.

Sen. Carrie Gendreau, R-Littleton, authored the bill on behalf of residents along the northern border concerned with people illegally crossing over from the north.

The legislation (SB 504) makes clear it's illegal to trespass on the land for the purpose of coming into the country illegally or engaging in drug or human trafficking.

The Attorney General's Office sought the change on behalf of the Northern Border Alliance that has $1.4 million to boost law enforcement patrols within a 25-mile radius of Canada.

Whitley: Anti-trespass bill could lead to profiling

Whitley charged this could prompt police to improperly stop for questioning those on land simply because individuals looked like they were not legal citizens of this country.

During several hours of debate, senators backing tougher punishments for fentanyl drug dealers cited growing amounts of illegal drugs confiscated at America's northern border.

"We need to send the message, and that is if you are going to bring fentanyl into the state and distribute it, you are going to face a harsh penalty," Sen. Daryl Abbas, R-Salem, said.

Sen. Shannon Chandley, D-Amherst, said these mandatory minimum prison terms do not act as a deterrent for illegal drug use and end up clogging the state prison system and costing taxpayers even more.

"If the likelihood of death (from using fentanyl) does not discourage a person from using, why would we think a tougher sentencing of imprisonment would cause a person to reconsider in that moment of using it?" Chandley asked rhetorically.

The Senate approved three bills imposing new mandatory minimum sentences for fentanyl-related offenses:

—Intent to Distribute (SB 316): This would create a five-year minimum for those caught with a dose of fentanyl with the intent to distribute it to others; it would also permit the state to seize the car used to carry out a drug distribution deal. The Senate passed it, 14-10, along a party-line vote with no Democrats in support.

—Death of Another (SB 414): A 10-year prison term would result for anyone selling fentanyl that resulted in the death of someone else. Senate Democratic Leader Donna Soucy of Manchester, Sens. David Watters, D-Dover, Debra Altschiller, D-Stratham, and D'Allesandro, joined all Senate Republicans on that one, which passed, 18-6.

—Possession Crimes (SB 415): Someone caught with at least five grams of fentanyl would face at least three and a half years in state prison and that would go up to a seven-year minimum for possession of 28 grams. The Senate passed that bill by the same 18-6 margin.

All three bills now go over to the House of Representatives for its review.

klandrigan@unionleader.com