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Trump’s DHS Nominee Won’t Rule Out a New Hampshire ICE Facility

By ZACH LAIRD, InDepthNH.org

U.S. Sen. Markwayne Mullin, R-Oklahoma, and President Donald Trump’s nominee for Secretary of Homeland Security, did not rule out the possibility of an Immigration and Customs Enforcement (ICE) detention center opening in New Hampshire during a confirmation hearing Wednesday before the Senate Homeland Security and Governmental Affairs Committee.

Mullin was questioned by U.S. Sen. Maggie Hassan, D-New Hampshire on the possibility of an ICE facility opening in the state after the proposed facility in Merrimack was ultimately scrapped by former Homeland Security Secretary Kristi Noem.

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Hassan said that Granite Staters pushed back hard against ICE’s plan to build the facility and asked Mullin to ensure that the proposal was off the table or whether he would consider restarting it.

He said he hasn’t seen the facts behind it, and that “we want to be good partners in your state and your community. I don’t know the strategic purpose of it, I don’t know what has happened. So, it’s hard for me to state something that I haven’t got briefed on.”

Mullin continued, “But I have made this very clear to you — in private and here, too — I will work with the community leaders and make sure that we’re delivering for the American people what the President set out.”

The proposal for the ICE facility in Merrimack faced months of pushback from community members, local advocacy groups, and lawmakers. There were protests in Merrimack and Concord that drew hundreds of participants and school walkouts to demonstrate opposition to ICE actions both locally and nationally.

At a protest outside Merrimack Town Hall that drew a massive crowd on Feb. 21, Rep. Wendy Thomas, a democrat who represents the town, said, “For our taxpayers, for our infrastructure, for our democracy, and for our shared humanity, we must clearly and firmly say, ‘No ICE detention facility in Merrimack. Not now, not ever.’”

Thomas did not return requests to comment on Mullin’s statements during the hearing.

Hassan continued that ICE has refused to comment on opening a new facility elsewhere in New Hampshire. She asked Mullin to commit to her that ICE will not open any new facilities in the state or elsewhere in the country without the support of the local community.

“Ma’am, I will work with the local community, and I’ll work with you and your office. I won’t be able to speak to that until I understand the risk and the reason behind delivering the mission that’s set in front of us,” Mullin said. “We have got to protect the homeland, and we’re going to do that… but, obviously, we want to work with community leaders. We want to be good partners, and we’re going to work in your state to make sure that we build relationships, and work in that manner.”

Hassan pointed out that Americans want to secure their country. She added that the people of New Hampshire will take into consideration a request by ICE and the federal government to do its part, but “transparency, and local control, and respect of local people throughout New Hampshire and all the country is an essential piece of our democracy.”

“What I’ve been hearing from ICE and from other DHS folks is ‘the pushback is too hard.’ You either can make the case for these facilities — and explain how you’re going to support the local community and deal with the fact that they’ll lose property tax dollars, for instance — or, if you can’t make the case, it shouldn’t be built,” Hassan said.

She encouraged the department and legislators to remember that this is a government by the people and for the people, and that “if you can’t make the case to the people, you shouldn’t be doing it.”

While Hassan later voted against Mullin’s nomination, the committee ultimately advanced his nomination by an outcome of 8-7 votes.

In a follow-up conversation, a spokesperson for Hassan said, “Senator Hassan strongly believes that ICE should not open any new facilities in New Hampshire or elsewhere in the country without the support of the local community, and she will continue to push the Department of Homeland Security and its leadership to meet this basic standard.

“She also helped introduce legislation that would create a legal requirement for ICE to obtain the written approval of local communities before opening any new processing or detention facilities.”

Earlier in the hearing, Sen. Rand Paul referred to the instance in 2017 where he was attacked by his neighbor, Rene Boucher in 2017. It left him with six broken ribs, a damaged lung and in a state of severe pain. He said when Mullin was confronted by constituents after he voted against Paul’s amendment to stop all funding for refugee welfare programs, he told media that Paul was “a freaking snake,” and that he completely understood why Paul had been assaulted.

“I was shocked that you would justify and celebrate this final assault that caused me so much pain, and my family so much pain. I just wonder if someone who applauds violence against their political opponents is the right person to lead an agency that has struggled to accept limits to the proper use of force,” Paul said.

After the contentious hearing, Mullin’s nomination to the position of secretary will now move forward to the Senate. Once the nomination is considered by the Senate, unlimited debate is allowed until a majority of the Senate votes to invoke cloture and close debate. Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination, according to ballotpedia.com

Mullin did not return a request for comment, nor did ICE or Merrimack County Administrator Ross Cunningham. The DHS Press Team said they have nothing to add to Mullin’s comments at this point.

After months of stating she didn’t have any information from federal authorities about the then-proposed Merrimack facility, Gov. Kelly Ayotte announced Feb. 24 that the Department of Homeland Security would not move forward with the proposed ICE warehouse detention facility in Merrimack intended to speed up deportations.

“During my trip to Washington last week, I had productive discussions with Secretary Kristi Noem, and I’m pleased to announce that the Department of Homeland Security will not move forward with the proposed ICE facility in Merrimack,” Ayotte said in a press release. “I thank Secretary Noem for hearing the concerns of the Town of Merrimack and for the continued cooperation between DHS and New Hampshire law enforcement to secure our northern border, keep dangerous criminals off our streets, and ensure our communities are safe.”

President Trump has removed Noem as Homeland Security Secretary and appointed her to a new job as Special Envoy for the Shield of the Americas.

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