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New Hampshire Immigration Laws

Immigration law is primarily federal, but New Hampshire has enacted several state-level policies that affect immigrants. New Hampshire has taken a more restrictive posture on immigration enforcement in recent years. In 2025, the legislature passed laws prohibiting local "sanctuary" policies and blocking local authority to prevent police from cooperating with federal immigration enforcement. Undocumented residents cannot obtain a New Hampshire driver's license, and the state prohibits in-state tuition for undocumented students.

Last verified: 2026-02-25

Key New Hampshire Statutes

Anti-Sanctuary Policy LawRSA 105-C (effective January 1, 2026)

Signed in May 2025, this law prohibits any local government from adopting policies that restrict cooperation with federal immigration enforcement agencies. Previously, several municipalities like Lebanon and Hanover had adopted non-cooperation or "welcoming" ordinances.

Driver's License Requirements — Lawful PresenceRSA 263:5-b

New Hampshire requires proof of lawful presence in the United States to obtain a driver's license or identification card. Undocumented immigrants cannot obtain a New Hampshire driver's license. A 2025 law also made driver's licenses issued by other states to undocumented persons invalid in New Hampshire.

In-State Tuition — Lawful Residency RequirementRSA 187-A:20-a

Since 2012, applicants to New Hampshire public universities must sign an affidavit affirming they are lawful residents of the United States to qualify for in-state tuition. Undocumented residents, including DACA recipients, are not eligible for in-state tuition rates.

E-Verify — No State MandateNo current statutory requirement

New Hampshire does not currently require employers to use E-Verify. Bills to mandate E-Verify for larger employers have been proposed but have not passed the legislature as of early 2026.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at New Hampshire Revised Statutes Online. For advice about your specific situation, consult a licensed attorney.

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