N.H. weighs felony-level offense to stop illegal immigrants from renting an apartment – The Boston Globe

The bill’s prime sponsor, Representative Joe Alexander Jr., a Goffstown Republican who chairs the Housing Committee, said the bill is meant to serve as a deterrent.

“Illegal aliens are not welcome in the Granite State,” he said. “And by passing this bill, we will continue to make sure that there is nowhere they can live.”

He pointed to the state’s housing shortage and said people without legal status are taking apartments away from New Hampshire citizens.

The bill has five other Republican co-sponsors in the House of Representatives, in addition to two Republican co-sponsors in the Senate, indicating at least some degree of support in the other chamber.

During a hearing at the State House on Tuesday, Democratic members of the House’s Housing Committee questioned Alexander on whether the bill would survive legal challenges. They raised concerns the bill could result in discriminatory housing practices, and that it could leave minors in a mixed-status family unable to access housing.

“We’re essentially saying that there is no housing that is available to that child, who is a Granite Stater, who is an American citizen,” said Representative David Paige, a North Conway Democrat. “That’s unacceptable to me personally.”

“Is that your intent in this bill, and if not, is there a way that we can ensure that those kids can have access to safe and secure housing in our state?” he asked.

“My intent of this bill is, if you are in this country illegally, you are not welcome here, and you should not have housing,” Alexander responded.

The effort drew opposition from advocates of civil liberties and immigrant rights.

The ACLU of New Hampshire opposed the effort because of concerns around due process, the risk of discrimination, and the potential costs of expensive litigation under federal civil rights and fair housing laws.

“It will cause a litigation firestorm, and New Hampshire taxpayers will be left paying to defend a law that is hardly defendable and undermines constitutional protections, and destabilizes the housing market as well,” said Rachel Potter, a policy associate with the organization.

She warned that the bill could turn the housing market into an unconstitutional state-run immigration enforcement system.

At least one resident spoke in support of the proposal. Patrick Binder of Manchester called the proposal a good, workable deterrent.

“I think it’s a good direction for New Hampshire and for the citizens here,” he said.

Several organizations that work with immigrants also opposed the effort.

“We are a state that depends on immigration to grow and even maintain our population and workforce,” said William Gillett, director of public policy and advocacy at the International Institute of New England, an organization that supports immigrants and refugees who came through legal pathways in New Hampshire.

While this bill is aimed at illegal immigrants, Gillett said it would have a chilling effect against all immigrants, including those with a legal status. He said it would make it harder for all immigrants to enter the rental market and suppress legal and needed immigration in the state.

Dylan Hoey, director of the New Hampshire Alliance of Immigrants and Refugees, called the Class B felony language “extremely punitive and concerning.”

Hoey, who previously served as a US Foreign Service officer at the Department of State, said calculating unlawful presence is an extremely difficult task.

“In my view, HB 1709 effectively delegates federal immigration law enforcement to New Hampshire landlords,” he said, adding this would place landlords in a legally precarious position of screening people based on national origin and immigration status.

New Hampshire law authorizes imprisonment of more than a year for a Class B felony and no more than a 7-year prison term.

The bill has a long road before it has a chance at becoming law. It would need to gain approval from both the House and the Senate before landing on the governor’s desk.

Amanda Gokee can be reached at amanda.gokee@globe.com. Follow her @amanda_gokee.