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ACLU says Colby slow in granting request for his communications with ICE
By Michael Bielawski
The ACLU is suing Essex County Sheriff Trevor Colby for allegedly hindering their access to statements he’s made regarding their dealings with illegal immigrants and federal ICE (immigration enforcement) agents.
They allege that the sheriff may have violated the state’s ‘fair and impartial policing’ law as well as the Vermont Public Records Act. Oral arguments began on Tuesday.
The ACLU’s interest is based in part on these statements attributed to Colby in a December 23 Community News Service news report:
“[Colby] emphasized that his priority is to keep residents within his jurisdiction safe, and people in his relatively remote part of the state get shaken up when they see unfamiliar folks. Up there, he said, everyone basically knows everyone. Colby said he would likely call immigration authorities after a traffic stop if he thought the people in the car were undocumented….Colby estimated his department had relayed about 20 cases to immigration authorities in the last year, not a particularly high figure in his mind.”
The suit states, “In this action, Plaintiff the American Civil Liberties Union Foundation of Vermont (ACLU) seeks an order compelling Defendant Essex County Sheriff’s Department (ECSD) to produce to the ACLU electronic copies of public records in its possession and to cease its practice of requiring that records requestors travel to its office in Guildhall, Vermont, to inspect responsive records.”
It does not allege that records are being withheld outright, but rather they are being made inconvenient to get to.
The suit continues, “1 V.S.A. § 315(a), Vermont’s Public Records Act (PRA) leaves to the requestor, not the public agency, the choice of whether to inspect records or, instead, to receive copies of them.”
The Department filed a motion to dismiss the case. No decision has been made.
The conflict began when the ACLU requested communication records between the Department and the feds, the ACLU suspected the fair and impartial policing policy may have been violated.
The Department is arguing that it’s their policy to have reporters come in person to view records, and there was an invite by the sheriff that a reporter ride along in a police cruiser which was turned down.
‘Fair and Impartial Policing’
Immigration enforcement is been a controversial issue for Vermont because state and federal policies conflict.
Vermont’s ‘Fair and Impartial Policing’ policy includes, “Citizenship or immigration status shall not be used as reason to arrest someone instead of citing them and shall not impact the decision on whether to seek continued custody pursuant to Vermont Rule of Criminal Procedure 3, except that criminal liability for offenses where one’s citizenship, or immigration status, is an essential element is a factor that may be considered in a Rule 3 determination.”
The Vermont Criminal Justice Council further defines what its ‘fair and impartial policing’ means for the state’s law enforcement.
“Employees are prohibited from engaging in biased policing. This means no member of [this agency] shall take actions based on any personal characteristics or citizenship or immigration status, except as described below, in the services our employees provide to the community in connection with our law enforcement activities,” it states.
The policy was recently updated with multiple changes advocated for largely by left-wing activist groups. One change for example makes it more difficult for an officer to ask for an ID.
Changes at the federal level
With the incoming Trump administration will likely come new federal immigration policies, including how the federal government and local police interact. NYC Mayor Eric Adams has been one high-profile Democrat who is endorsing the change.
“I’m hoping this administration will hear what I’m saying and listen to some of the ideas that I have been pushing for close to two years now,” Adams said.
Another Democrat, Boston Mayor Michelle Wu, says their city’s police are not going to cooperate. She cited “The Boston Trust Act” which she claims prohibits such cooperation.
Wu said it “puts strict prohibitions on local law enforcement from being pulled into becoming the enforcement arm for the whims of whatever the sort of approach of the federal immigration law might be.”
The author is a writer for the Vermont Daily Chronicle
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Categories: Law Enforcement, Local government
The ACLU is no friend of citizens and legal residents. However, they believe illegal aliens must be protected from federal officers by state officers. Ironically, state officials who harbor, conceal, entice, and protect illegals are certainly violating federal law. If Tom Homan ever decides to, he can arrest and charge state officials. Check out 8 USC 1324 for the full text. The sheriff is an elected officer, so he could probably tell the ACLU to pound sand. The citizens he serves are scared. Every single Vermont town on the Canadian border voted for Trump.
Why do we protect an illegal over our own citizens? Money? This is ridiculous, let the police do there job. If the federal government isn’t gonna do anything, our local officers should be able to return to sender!! Absolutely garbage.
Another Vermont Sheriff under attack doing his job???????
🤦🏻♂️
Just unbelievable…
I know I’m getting old, but I can remember when the ACLU put AMERICAN’S civil liberties first. Maybe they need to pack their bags and move to Central America !
Maybe write to them and tell them what you think of them
America Civil Liberties Union
125 Broad Street, 18th Floor, New York, NY 10004
Call (212) 549-2500
Me thinks ACLU should change their name. I wonder if the court case could be won in favor of Sheriff Colby on their name and their misrepresentation alone!
Nowhere below does it say Vt. law enforcement cannot relay information to Border Patrol that they suspect there may be illegals in a vehicle they just stopped. They didn’t arrest them they didn’t even cite them, there only crime according to the ACLU was relaying information. Their Citizenship or immigration status shall not be used as reason to arrest (it wasn’t they didn’t arrest them, in fact they let them go) someone instead of citing (they didn’t even cite them) I guess this is where relaying information (if proven) is a crime. It’s hard to prove a private conversation between to people.
So Sheriff Colby is doing his job. Screw the ACLU!!
It appears the sheriff is doing his job well.
“fair and impartial” should always take a back seat to good, honest police intuition.
The sheriff takes and oath to uphold the Constitution, which most of us do NOT have to as part of our jobs. I give him the benefit of the doubt to use his judgement and training to determine who should be scrutinized as lawbreakers. Apparently American Commie Lovers Union did not get the memo after the last election that those who believe in the concept of AMERICA FIRST have spoken loudly…
Perhaps the ACLU should be slapped with FOIA requests to determine if they are aiding and abetting illegal entry into our country by giving free legal representation to illegals? There is a new sheriff coming into the offices of DHS, Department of Justice, and a new border czar.
I do warn the ACLU perserve all their records and don’t be slamming on that delete button too often. Lawfare warfare works both ways and billable hours can empty the coffers rather quickly.
One would only hope that Sheriffs and ICE communicate regularly, especially in border towns, Colby should be given an award for doing the best job possible in this nonsensical liberal progressive left wing state, how many more pronouns are needed? Phil should for once grow a pair and end this nonsense infringement on our law enforcement and the taxpayers , hello Phil are your there, are you listening?
Fair and impartial illegal immigration! Wow!
Our Gov. Phil Scott says that Vt is not a sancuarary state. This non cooperation says different.