The 43-acre site of the proposed ICE detention facility at 50 Robert Milligan Pkwy. in Merrimack. Courtesy image/Cushman & Wakefield

MERRIMACK – The ACLU of New Hampshire, on Feb. 3, obtained documents indicating that on Jan. 12, U.S. Immigration and Customs Enforcement was already in talks with state officials about its plan to open an immigrant detention facility at 50 Robert Milligan Pkwy.

At the time, residents were told that this was only a possibility. There was no indication that ICE officials were seeking approval from the state Division of Historical Resources as is required under the National Historic Preservation Act. The purpose of this consultation was to ensure that the facility would not have a negative impact on historic properties in the area. According to the documents, on Jan. 21, the Division of Historical Resources stated that no historic properties would be affected by the proposed facility.

“These documents confirm that ICE is not only planning to build a human detention facility in Merrimack, but also that it is actively pursuing legal approvals to do so while declining to tell the public, the press or the town of its plans,” said Devon Chaffee, executive director of the ACLU of New Hampshire. “In just the first three weeks of 2026, six people have died in ICE custody across the country. We demand more answers, more transparency and more opposition from our elected leaders to ensure that this disturbing and deeply harmful proposal does not become reality in the Granite State.”

The documents also included five maps of the area surrounding the proposed location, eight pictures of the site itself and interior pictures of the warehouse and office space. In addition, the documents detailed plans for renovations such as the “construction of holding and processing spaces, office space, public-facing visitor spaces and installation of amenities.”

“These documents confirm ICE’s pursuit of a human detention facility in Merrimack, with a New Hampshire state agency involved,” said State Rep. Wendy Thomas (D-Merrimack). “This confirms our grave concerns that our state government has been complicit, secretly working to advance this disturbing plan.”

On Feb. 3, No ICE NH blamed Gov. Kelly Ayotte for being dishonest with her constituents.

“State officials, including Gov. Ayotte, have repeatedly claimed ignorance of any specific ICE detention facility plans in New Hampshire,” said Kenneth Barnes, a No ICE NH organizer. “If the governor was not dissembling, she failed to inquire about what at least one state agency was doing under her authority. This lack of transparency is unacceptable.”

Former State and U.S. Sen. Gordon Humphrey, a Republican, said this lack of transparency is “intolerable.”

“It demonstrates a profound disrespect for the citizens of New Hampshire,” he said.

One day before the documents were released, Merrimack officials, through the town’s federal delegation, put out a statement from the U.S. Department of Homeland Security which indicated that “Due to the heightened threat environment and the unprecedented opposition being thrown up by the Left against ICE’s efforts to effectuate mass deportations, ICE is unable to share details about any upcoming expansion in New Hampshire or elsewhere. ICE has no new detention centers to announce at this time.”

On Feb. 5, House Democratic Leader Alexis Simpson (D-Exeter) made a valiant attempt to pass legislation that could have prevented ICE from opening a detention facility. The bill was defeated 162-187.

If approved, the legislation would have allowed municipalities to hold a public hearing on the matter. Following the hearing, the city or town officials would vote on whether or not to approve an ICE facility. If the facility was not approved on the local level, it would not be considered for state permitting.

“That vote does not erase a basic truth. Merrimack residents, and people in every New Hampshire community, deserve transparency and a real voice before an ICE detention facility is placed in their town,” said Simpson. “House Democrats are not backing down. We will keep fighting for Merrimack and for communities across the state. Decisions that change a town forever should not be made behind closed doors. We will continue to stand with Granite Staters and demand transparency, accountability and respect for local communities and all Granite Staters.”