New Hampshire State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in New Hampshire. Find information on:

• Law enforcement and immigration
• Employment and immigration
• New Hampshire E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in New Hampshire should speak with a local immigration attorney for up‑to‑date guidance.

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 are entered into an immigration status-checking database. Information collected in this system is shared with:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• U.S. 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 does not require public or private employers to use E-Verify. E-Verify is a federally-operated system that allows employers to verify that applicants are legally authorized to work in the U.S.

Driver’s License and 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 must also provide 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

Requirements for non-citizens depend on their immigration status and length of stay.

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 and In-State Tuition

New Hampshire bars students without documentation from paying in-state tuition.

This applies to Deferred Action for Childhood Arrivals (DACA) recipients as well. DACA 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. This type of visa offers work authorization, like a green card. Victims of certain crimes, including domestic violence, are eligible.

U-visas are also available to family members of victims. For 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

All registered voters in New Hampshire must show ID at their polling location to vote.

Registered voters do not need to bring proof of U.S. citizenship to the polls. However, individuals must provide this when registering to vote.

Housing Ordinances and Immigration

New Hampshire has no special ordinances affecting housing. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Need Help With an Immigration Issue? Contact an Attorney

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues, including:

• Appearing before an immigration court or the Board of Immigration Appeals (BIA)
• Facing a possible deportation or removal proceedings
• Navigating communications with U.S. Citizenship and Immigration Services (USCIS)
• Pursuing the naturalization process
• Applying for a green card or lawful permanent resident status

Whatever your situation, an immigration lawyer can offer invaluable legal services.

Whether you’re in Manchester, Concord, Nashua, or another part of the state, finding an attorney is important. FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in New Hampshire. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

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 services. If you think you may be eligible, contact New Hampshire Legal Assistance for more information. This organization offers free or low-cost legal assistance to qualified individuals.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in New Hampshire: Related Resources

• Know Your Rights — This guide will help you protect yourself and your family during immigration raids.
• Immigration and the Granite State — Find historical information about immigration in New Hampshire.
• Immigration Advocates Network — Find several nonprofit organizations that provide free or low-cost services, including legal assistance, to migrants in the state.