CONCORD, NH — A state review found communication failures – not misconduct –led to a breakdown in how New Hampshire officials handled interactions involving a proposed federal immigration facility, according to a report released May 1.
The report [see full report below], prepared by the New Hampshire Department of Justice and Division of Personnel, examined how the Department of Natural and Cultural Resources (DNCR) responded to inquiries from U.S. Immigration and Customs Enforcement and a subsequent right-to-know request from the American Civil Liberties Union.
Investigators found no evidence of wrongdoing or intentional misconduct by state employees. However, the review identified significant lapses in communication and judgment, particularly by the director of the Division of Historical Resources, that prevented senior officials, including the DNCR commissioner and governor’s office, from being informed in a timely manner.
The report determined that:
- DNCR staff properly conducted a required federal review of the proposed ICE facility and found no impact on historic resources, a limited determination unrelated to broader policy or permitting decisions.
- The division director failed to elevate both ICE’s inquiry and the ACLU’s records request to agency leadership, despite recognizing the issue’s potential sensitivity.
- The director also issued a hasty and incomplete response to the ACLU request, sending records the same day without fully reviewing or consulting legal counsel.
The review found no evidence that staff improperly shared information or attempted to conceal it, and it does not recommend disciplinary action.
Instead, investigators pointed to broader systemic issues, including:
- A lack of clear protocols for handling right-to-know requests
- Limited use of agency legal counsel
- Weak internal communication practices
- A workplace culture that did not consistently encourage elevating sensitive issues
The report also found DNCR leadership did not establish clear expectations for reporting significant matters, contributing to the breakdown.
Among its recommendations, the review calls for:
- Centralizing responses to right-to-know requests
- Strengthening internal communication and reporting requirements
- Increasing involvement of agency legal counsel
- Providing mandatory training on public records law
The findings come after public scrutiny over what state officials knew about a proposed ICE processing facility in Merrimack and when they knew it.
TIMELINE OF ICE Center Information: Who knew what when?
- Dec. 24, 2025: Washington Post article revealing ICE center plans, including Merrimack, NH
- Dec. 25: Union Leader publishes article with WaPo findings
- Dec. 26: NHPR reports Merrimack town officials “surprised” at news of ICE Center
- Dec. 27: Requests for response from Ayotte still unanswered
- Jan. 30, 2026: Bloomberg article regarding ICE centers
- Feb. 3: Ayotte releases statement
- Feb. 6: Call for review of communication with NH state agency .
- Feb. 12: Senate hearing during which Sen. Hassan confronts ICE chief with conflicting information from Ayotte.
- Feb. 14 – Release of documents from feds (misidentifying NH as Oklahoma)
- February 19-21: Ayotte attends National Governor’s association in D.C. says she spoke with Kristi Noem
- Feb. 24: WGIR radio appearance during which Ayotte announces the Merrimack ICE warehouse is off the table.