KEENE, N.H. (MyKeeneNow) The City of Keene is laying out where local police responsibilities end and federal immigration enforcement begins as questions continue to circulate about the role of local law enforcement when U.S. Immigration and Customs Enforcement operates in the city.
The City released a new set of frequently asked questions on its website Thursday addressing immigration law, federal enforcement authority and the procedures followed by the Keene Police Department.
Police Chief Steve Stewart also addressed the issue in a video posted on the department’s Facebook page, emphasizing that immigration status is not something officers seek from people who report crimes or serve as witnesses.
The City said the Keene Police Department has not entered into a federal 287(g) agreement, meaning its officers have not been deputized by the Department of Homeland Security to carry out designated federal immigration-enforcement duties under the supervision of ICE.
That distinction does not prevent ICE from operating in Keene, however.
According to the city, federal immigration authorities have jurisdiction throughout the United States and may conduct lawful enforcement activities in Keene. Local governments cannot obstruct those operations, but that does not mean local police are automatically required to participate in federal immigration enforcement.
What Keene police can and cannot do
The city said the department operates under its responsibilities as a municipal police agency rather than as an extension of ICE.
Officers are required to treat people fairly and with dignity regardless of immigration status and follow the New Hampshire Attorney General’s guidance on fair and impartial policing.
The department also says officers will not ask crime victims or witnesses about their immigration status.
At the same time, the department’s procedures call for cooperation with federal immigration authorities in circumstances covered by state and federal law.
If ICE requests information about a person or location, the department says it will provide information it has. Police also will respond when federal immigration officers request assistance during an emergency or another situation involving an immediate public-safety concern, subject to the department’s lawful authority and procedures.
The city said those requirements do not give Keene officers federal immigration-enforcement powers.
“New Hampshire law limits the City’s ability to have policies that prohibit or impede cooperation with federal immigration authorities,” the city said in its FAQ. “Those statutes do not, however, make the Keene Police Department an arm of ICE or give the Keene Police Department the same authority as federal immigration officers.”
What is 287(g)?
The federal 287(g) program allows DHS to enter agreements with state and local law enforcement agencies and delegate certain immigration-enforcement responsibilities to trained local officers under ICE direction and supervision.
Keene has not entered such an agreement.
New Hampshire State Police and several other municipalities in the state have entered 287(g) agreements with DHS, according to the city.
New Hampshire law adopted in 2025 prohibits state and local governments from preventing law enforcement agencies from applying for or entering into 287(g) agreements. RSA 106-P took effect July 21, 2025.
Separate statutes that took effect Jan. 1, 2026, also restrict local governments from adopting what state law defines as “sanctuary policies” and prohibit local governmental entities from impeding state or federal law enforcement agencies from complying with federal immigration law.
Federal authority in Keene
The city also pointed to a 2025 executive order concerning jurisdictions that obstruct federal immigration enforcement.
Executive Order 14287, issued April 28, 2025, directed the federal government to identify jurisdictions it considers to be obstructing federal immigration enforcement and provided for possible suspension or termination of certain federal grants and contracts for jurisdictions designated as “sanctuary” jurisdictions.
The Keene FAQ notes that the federal government’s authority over immigration does not make local police responsible for enforcing federal immigration law.
The city said its role is to follow applicable state and federal requirements while continuing to perform its municipal public-safety duties.
The issue has received increased attention in Keene following federal immigration activity in the city in August. Mayor Jay Kahn said at the time that, based on his inquiries, he did not believe the Keene Police Department had assisted with the ICE operation. He also said state law limits the city’s ability to obstruct federal enforcement.
The city said the new FAQ is intended to clarify those distinctions and provide residents with information about how local and federal law enforcement responsibilities overlap.
The Keene Police Department’s stated mission, according to the city, remains to provide public-safety services while treating people “with respect, dignity, and fairness.”
