New Hampshire Proposes Felony Penalty for Renting to Undocumented Immigrants

The bill aims to deter illegal immigration by making it a crime for landlords to rent to undocumented individuals.

Jan. 28, 2026 at 5:15am

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The New Hampshire state legislature is considering a bill that would make it a felony-level offense for landlords to knowingly rent to undocumented immigrants. The bill's sponsor, Representative Joe Alexander Jr., says the goal is to send a message that "illegal aliens are not welcome" in the state. However, critics argue the bill could lead to housing discrimination, leave children in mixed-status families without access to housing, and force landlords into an unconstitutional role of immigration enforcement.

Why it matters

This proposed legislation highlights the ongoing debate around immigration policy and the role states can play in enforcing federal immigration laws. Proponents argue it is necessary to deter illegal immigration, while opponents warn it could have unintended consequences that violate civil liberties and fair housing protections.

The details

The bill, sponsored by Republican Representative Joe Alexander Jr., would make it a Class B felony for landlords to knowingly rent to undocumented immigrants. Alexander says the goal is to send a clear message that "illegal aliens are not welcome" in New Hampshire. However, Democratic lawmakers and civil liberties advocates have raised concerns that the bill could lead to housing discrimination, leave children in mixed-status families without access to housing, and force landlords to take on the role of federal immigration enforcement, putting them in legal jeopardy.

  • The bill was introduced in the New Hampshire state legislature in January 2026.
  • A hearing on the bill was held at the State House on Tuesday.

The players

Joe Alexander Jr.

A Republican state representative who chairs the Housing Committee and is the prime sponsor of the bill.

David Paige

A Democratic state representative who expressed concerns about the bill potentially leaving children in mixed-status families without access to housing.

Rachel Potter

A policy associate with the ACLU of New Hampshire, which opposes the bill due to concerns around due process, discrimination, and the potential costs of litigation.

William Gillett

The director of public policy and advocacy at the International Institute of New England, an organization that supports immigrants and refugees, who warned the bill would have a chilling effect on all immigrants, including those with legal status.

Dylan Hoey

The director of the New Hampshire Alliance of Immigrants and Refugees, who called the felony language in the bill "extremely punitive and concerning" and said it would effectively delegate federal immigration enforcement to landlords.

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What they’re saying

“Illegal aliens are not welcome in the Granite State. And by passing this bill, we will continue to make sure that there is nowhere they can live.”

— Joe Alexander Jr., State Representative

“We're essentially saying that there is no housing that is available to that child, who is a Granite Stater, who is an American citizen. That's unacceptable to me personally.”

— David Paige, State Representative

“It will cause a litigation firestorm, and New Hampshire taxpayers will be left paying to defend a law that is hardly defendable and undermines constitutional protections, and destabilizes the housing market as well.”

— Rachel Potter, Policy Associate, ACLU of New Hampshire

“We are a state that depends on immigration to grow and even maintain our population and workforce. This bill would have a chilling effect against all immigrants, including those with a legal status.”

— William Gillett, Director of Public Policy and Advocacy, International Institute of New England

“In my view, HB 1709 effectively delegates federal immigration law enforcement to New Hampshire landlords, placing them in a legally precarious position of screening people based on national origin and immigration status.”

— Dylan Hoey, Director, New Hampshire Alliance of Immigrants and Refugees

What’s next

The bill must still gain approval from both the New Hampshire House and Senate before reaching the governor's desk.

The takeaway

This proposed legislation highlights the ongoing tensions around immigration policy and the role states can play in enforcing federal immigration laws. While proponents argue it is necessary to deter illegal immigration, critics warn it could lead to housing discrimination, leave children without access to housing, and force landlords into an unconstitutional position of immigration enforcement.