The federal Department of Homeland Security, which houses Immigration and Customs Enforcement, was in communication with at least one state agency in January about its plans to purchase and modify a vacant warehouse in Merrimack, according to documents obtained by the ACLU of New Hampshire through a public records request and released Tuesday.
The documents are the first known confirmation by the federal government of ICE’s plan to purchase and modify a facility in Merrimack, the draft plan of which was initially reported by the Washington Post in December. Since then, the Department of Homeland Security has repeatedly declined to confirm the report to local officials.
According to the documents released Tuesday, ICE representatives contacted the state Department of Natural and Cultural Resources Division of Historical Resources on Jan. 12, sharing a letter dated Jan. 9 that described plans “to purchase, occupy and rehabilitate a 43-acre warehouse property in support of ICE operations.”
The letter was authored by Gabrielle M Fernandez, an environmental protection specialist at the Department of Homeland Security. Federal and state law require projects in certain areas to receive review for potential impacts on historic and protected land.
Gov. Kelly Ayotte has repeatedly denied any knowledge of the plan, as recently as Jan. 28, when she told reporters that she had reached out to the federal government directly for more information.
In a statement released shortly after documents were announced on Tuesday, she sharply criticized the Department of Natural and Cultural Resources.
“It is entirely unacceptable that the Department of Natural and Cultural Resources failed to share this information with the Governor’s office,” she said.
In a statement hours later, Sarah Stewart, director of the Department of Natural and Cultural Resources, took “full responsibility” for failing to alert the governor.
“Division Directors are supposed to notify me of any Right-to-Know Requests or Section 106 Requests for Review of any matters potentially significant to the State,” she said. “I have reminded my team to notify me of requests of this nature, so I am positioned to review them and alert the Governor’s Office on all sensitive matters.”
The Division of Historical Resources is a relatively small agency, with only nine employees, according to its website.
NHPR reached out to Ayotte for more information about when agencies are supposed to alert the governor about such projects, and whether any other state agencies have been in communication with federal immigration officials, and did not receive a response by publication time.
Ayotte previously told reporters that she requested federal officials to communicate any plans with the town of Merrimack, which has long said it's in the dark about any ICE proposal.
Town manager Paul Micali told NHPR he initially learned about the plan from the Post’s reporting. On Jan. 23, the Merrimack town council sent a letter to Homeland Security Secretary Kristi Noem and other federal and state officials stating its opposition to an ICE facility in the town because of potential adverse financial impacts.
Following the documents release, Micali said the town is still seeking more clarity.
“We're still looking to get a straight answer from the Department of Homeland Security, one way or the other, whether they plan to put a facility in Merrimack or not,” he said.
Though the Department of Homeland Security was already communicating with the state Division of Historical Resources, federal Homeland Security officials declined to provide the town with more information — despite numerous requests from town officials, Gov. Ayotte and the state’s Congressional delegation.
Last week, the town of Merrimack received a message from Homeland Security via Sen. Jeanne Shaheen’s office, which Merrimack posted to its website.
“ICE at this time is unable to share details about the upcoming expansion in New Hampshire or elsewhere. ICE has no new detention centers to announce at this time,” the letter said, citing a “heightened threat environment” due to opposition to its activities.
Space for “tentage and a guard shack”
The proposed property is 50 Robert Milligan Parkway, which is currently a vacant commercial warehouse.
In a letter, which refers to the site as a “Processing Center,” the Department of Homeland Security outlined potential modifications to the building’s interior, including the “construction of holding and processing spaces, office space, public-facing visitor spaces, and installation of amenities, such as cafeterias, bathrooms, and health care spaces.”
"This is a warehouse that is clearly intended for merchandise, and they're trying to turn it into a place to house human beings,” said Devon Chaffee, executive director of the ACLU of New Hampshire.
The letter also outlines bolstering security on site, through measures like installing fencing, cameras and exterior personnel access control, as well as “tentage and a guard shack.”
The Post’s initial reporting showed leaked internal ICE documents that called for constructing a new nationwide network of facilities that could hold up to 80,000 migrants at once. It identified Merrimack as a site that could potentially hold up to 1,500 detainees.
“You can actually see the building from the F.E. Everett Turnpike,” said Merrimack town manager Paul Micali.
The maps included in the proposal show neighboring businesses and transportation infrastructure, like defense contractor BAE systems and the Nashua Airport.
In its assessment, the Deputy State Historic Preservation Officer Nadine Miller said on Jan. 21 that the department found ICE’s proposal would not impact historical resources and thus no further consultation between agencies was required.
ICE has taken similar steps in other communities across the country, including in Oklahoma and Virginia. In Oklahoma, plans for the facility have stalled, after the property owner stopped negotiating with federal authorities.
Chaffee with the ACLU called on elected officials to make their opposition clear.
“It matters if our governor says that she doesn't want this facility,” she said.
Chaffee said the documents still leave a lot of questions unanswered, like how many people exactly ICE plans on detaining at the site and when the agency is planning on having the facility operational.
She said her group is “exploring all potential legal options for resisting this facility.”
