New Hampshire State Immigration Laws
By Eric Harvey, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed September 01, 2023
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Welcome to FindLaw's page on immigration laws in New Hampshire. In this article, you'll find the following information:
- Law enforcement and immigration
- Employment and immigration
- New Hampshire E-Verify requirements
- Driver's license/ID requirements
- Public benefits restrictions
- Education checks
- Voting ID rules
- Housing ordinances and immigration
- Related resources
- Contact an immigration attorney
Law Enforcement and Immigration in New Hampshire
A federal program once required police to check the immigration statuses of people they arrested. Former President Donald Trump revived "Secure Communities," which expired in 2017. In 2021, President Joe Biden revoked the executive order. The new program only requires convicts' names to enter the database that checks immigration status.
Under the new program, only convicts' names enter an immigration status-checking database. Information collected in this system is shared with the FBI and the Department of Homeland Security (DHS). It may also be shared with Immigration and Customs Enforcement (ICE). Immigrants should remain aware of how information can be collected and shared in this way.
Employment and Immigration
Refer to federal employment eligibility verification rules and the requirements for Form I-9.
New Hampshire E-Verify Requirements
New Hampshire has no E-Verify requirement.
Driver's License/ID Requirements
Applicants must show an original or certified copy of their birth certificate, valid U.S. passport, military ID, or valid out-of-state license/identification, plus one of the following documents:
- Social Security card
- Marriage certificate
- Military discharge papers
- Military ID card
- Divorce decree
- Valid school ID with photo
You also must show proof of New Hampshire residence. This requires a document or a bill with your current address on it, such as:
- Property tax bill
- Payroll check
- Utility bill
Public Benefits Restrictions
Under federal law, illegal immigrants can't get most public benefits. But they can get emergency services, health care, and other programs that are "necessary to protect life and safety."
Education Checks
New Hampshire bars students without documentation from paying in-state tuition.
This applies to DACA recipients, as well. DACA stands for Deferred Action for Childhood Arrivals. It protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.
This also applies to U visa holders. Here's a breakdown of U visas:
- This visa offers work authorization, like a green card.
- Victims of crime, including domestic violence, are eligible.
- It is available to family members of victims.
- To the children of victims, it provides special immigrant juvenile status, which gives lawful residence to children.
- Victims of human trafficking are also eligible for U visas.
Voting ID Rules
There is no voter identification requirement.
Housing Ordinances and Immigration
New Hampshire has no special ordinances affecting housing.
Related Resources
- Know Your Rights — A guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations)
- Immigration and the Granite State — Historical information about immigration in New Hampshire (N.H. Historical Society)
- Immigration Advocates Network — Find out about many nonprofit organizations that provide free or low-cost services, including legal assistance, to migrants in the state.
Need More Help? Contact an Attorney
It's hard to navigate the U.S. immigration system. Perhaps you're appearing before an immigration court. Maybe you're appearing before the Board of Immigration Appeals (BIA). You might even be facing a possible deportation or facing removal proceedings. You could just need help with your regular dealings with U.S. Citizenship and Immigration Services (USCIS). Whatever your situation, an immigration lawyer can offer invaluable legal services.
If you can't afford an attorney, you still have options. Many attorneys work pro bono. Working pro bono means that an attorney offers free legal services. If you're a low-income person, contact New Hampshire Legal Aid. The organization can offer free or low-cost legal assistance, as well. If you need attorney referrals, contact the New Hampshire State Bar Association. It can provide referrals for free. Don't do this alone. Contact an attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Some people can get a green card or complete immigration forms without hiring legal help
- Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney
The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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