Documents made public by the ACLU of New Hampshire Tuesday confirm the federal government’s plans to put a new Immigration and Customs Enforcement facility on Robert Milligan Parkway in Merrimack, N.H., after weeks of confusion, controversy, and speculation.
In December, The Washington Post, citing leaked documents from the Department of Homeland Security, reported that ICE is working to convert 23 warehouses across the United States into immigrant detention centers, including one in Merrimack. The plans reportedly involve creating a network of smaller feeder facilities — as in Merrimack — where immigrants will be held before being transferred to a larger facility to await deportation. Amid the Trump administration’s aggressive deportation campaign, reports of ICE expanding operations in New Hampshire have sparked protests.
According to the documents obtained by the ACLU, Alexis Price of ICE wrote to the New Hampshire Division of Historical Resources on Jan. 9 that “U.S. Immigration and Customs Enforcement (ICE) is proposing to purchase, occupy and rehabilitate a 43-acre warehouse property located at 50 Robert Milligan Parkway, Merrimack, NH 03054, in support of ICE operations.”
The ACLU said it received the documents through an open records request pursuant to New Hampshire’s right-to-know law. The documents also include maps and images of the site. Federal officials say the planned Merrimack facility would not affect protected historic properties.
“Proposed site improvements may include, but are not limited to, installing, upgrading, or rehabilitating existing parking areas, fencing, site lighting, landscaping, drainage/stormwater, recreation areas, and cameras,” the documents say. “Tentage and a guard shack may also be installed.”
Local and state officials have previously told reporters they were struggling to get information out of the federal government about the plans. Gov. Kelly Ayotte, a Republican, said last week she asked the White House and the Department of Homeland Security about a potential facility in Merrimack, but “I did not get an answer to my question.” Additionally, Ayotte said the state has no levers to stop the government from doing so other than her administration’s advocacy. She said she urged the federal government to consult with town officials before moving forward.
Upon the news breaking Tuesday, Ayotte said the Department of Natural and Cultural Resources — the agency that houses the Division of Historical Resources — did not inform her of the development.
“It is entirely unacceptable that the Department of Natural and Cultural Resources failed to share this information with the Governor’s office,” Ayotte’s spokesperson John Corbett said in a statement. “Clearly, the Department of Homeland Security is actively pursuing the use of this property without communicating with all stakeholders. We will continue to insist on transparency and communication from the Department of Homeland Security with officials in Merrimack concerning this proposed facility.”
Later on Tuesday, the Department of Natural and Cultural Resources’ commissioner put out a statement.
“The Department failed to inform the Governor’s Office of this significant request, and I, as Commissioner, take full responsibility for this failure of process within my agency,” Commissioner Sarah Stewart said in the statement. “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. 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.”
Meanwhile, the Merrimack Town Council sent a letter to Homeland Security Secretary Kristi Noem opposing the plans on the grounds that it would be a hit to the town’s finances because the federal government is exempt from local property taxes and that increased ICE activity, which has sparked protests nationwide, would cause unrest locally. On Monday, Merrimack officials posted the federal government’s response on the town’s website.
“Currently, ICE ERO (Enforcement and Removal Operations) is reviewing its detention structure and acquisition strategy to address a historic operational tempo and increasing arrests,” ICE wrote, according to town officials. “These efforts aim to meet the growing demand for bedspace across the United States and to streamline the detention and removal process, focusing on facilities built specifically to support ICE’s needs. Due to the heightened threat environment, and the unprecedented opposition being thrown up by the Left against ICE’s efforts to effectuate mass deportations, ICE is unable to share details about any upcoming expansion in New Hampshire or elsewhere. ICE has no new detention centers to announce at this time.”
State Rep. Wendy Thomas, D-Merrimack, told the Bulletin she and her colleagues have seen white trucks throughout town they suspect are related to the facility. The site identified in the documents is a currently vacant industrial warehouse owned by the Trammel Crow Company.
Devon Chaffee, executive director of the ACLU of New Hampshire, said in a statement: “These documents confirm that ICE is not only planning to build a human detention facility in Merrimack, but also that it is actively pursuing legal approvals to do so while declining to tell the public, the press, or the town of its plans. In just the first three weeks of 2026, six people have died in ICE custody across the country. We demand more answers, more transparency, and more opposition from our elected leaders to ensure that this disturbing and deeply harmful proposal does not become reality in the Granite State.”