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A Republican lawmaker in New Hampshire has pulled back from a proposal that would have required public schools to report students’ immigration status. However, if the idea resurfaces, experts warn it could lead to legal challenges.
Earlier this month, a proposal surfaced that would require schools to report students’ immigration status and the number of students in English language learner programs. The bill was posted on the General Court website, with Senator Bill Gannon, who represents Sandown and is known for his stance against undocumented individuals’ rights, listed as the prime sponsor.
As of December 10, the proposal was removed. James Vara, director of the state office that drafts legislation, confirmed that Gannon had withdrawn the bill.
Gannon did not respond to multiple requests for comment, including whether he intends to reintroduce the bill in a different form. He could still propose the legislation as a confidential bill, a process available only to Senators, or amend another immigration-related bill to include the reporting requirement.
Details of Gannon’s original proposal remain unclear, as the full text of the bill was not made public. It is uncertain whether the bill would have targeted only undocumented students or all students, including those in the country legally, such as refugees and children of U.S. citizens. It is also unclear what Gannon intended to do with the data, and whether he was aware that denying undocumented students public education is prohibited.
The proposed bill would have required school districts to report the number of students in English Language Learner programs, though the state already collects this data. According to the Department of Education, nearly 5,500 students are enrolled in English proficiency programs, with around 1,600 more being monitored for potential services. Over half of these students are in Manchester and Nashua, but the data does not reveal how many may be undocumented.
Manchester officials confirmed that the district does not ask students about their immigration status. While the Nashua School District did not respond to requests for comment, other school officials in the state also said they do not collect such information.
If the bill is reintroduced and passed, New Hampshire could face a legal battle, according to Nicholas Espíritu, deputy legal director at the National Immigration Law Center. Espíritu pointed to a 1982 U.S. Supreme Court ruling, which, while not directly prohibiting schools from asking about immigration status, prohibits actions that could prevent students from accessing public education.
Reporting immigration status could create fear among families, Espíritu explained, leading parents to keep children home rather than risk deportation.
“The question for parents would be: ‘Do I put my child at risk, or do I deny them an education?’” he said.
Gannon has been a vocal advocate for restricting the rights of undocumented individuals, sponsoring bills to deny them state driver’s licenses (which is already prohibited) and to ban sanctuary cities. He has also proposed additional immigration-related bills, including measures to invalidate out-of-state driver’s licenses held by undocumented individuals and to require employers to verify their workers’ legal status.
The withdrawn bill marks Gannon’s first attempt to require the disclosure of students’ personal information. The National Immigration Law Center is closely monitoring the issue.
“We have successfully blocked laws that seek to disclose immigration status,” said Espíritu. “We will continue to ensure that schools remain a welcoming and safe place for all students.”
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