By Michael Bielawski
An illegal alien who has been charged with the rape of a 15-year-old disabled teen girl has been let go on a modest $500 bail despite a contrary request from the federal government.
Pundits note that the City of Boston’s sanctuary city status likely played a role. Vermont both as a state and some of its communities has similar sanctuary policies.
What happened in Massachusetts
The suspect is Cory Alvarez, he had been held without bail since March when he was initially arrested. He was freed on July 2 by the Plymouth County Superior Court.
This happened despite a request from Immigration and Customs Enforcement (ICE) to keep him in custody.
The New York Post was told by the Plymouth County District Attorney’s Office, “Our office moved to hold a dangerousness hearing and have Alvarez held without bail. The judge denied our motion.”
The New York Post reported, “Alvarez, 26, was released with an ankle monitor, but ICE officials can’t track him because Boston is a sanctuary city — meaning local authorities don’t have to cooperate with the feds.”
Similar to Vermont’s sanctuary status?
According to the Federation for American Immigration Reform (FAIR), Vermont is considered one of at least 11 “illegal” sanctuary states.
“Vermont became an illegal alien sanctuary state in 2011 when Gov. Pete Shumlin (D) implemented a new policy – on the basis of State Police Rules and Regulations VSP-DIR-301 – that was prompted by the arrest of two Mexican nationals after being stopped for speeding.”
It continues that in 2017, Governor Scott signed S. 79, which added local police to those expected to follow sanctuary policies.
The FAIR report continues, “In 2020, as the result of a lawsuit filed by a pro-sanctuary special interest group, the state Department of Motor Vehicles pledged not to report illegal immigrants to the federal authorities.”
Most recently Vermont’s Fair and Impartial Policing policies have been updated in 2024.
The lengthy policy states, “The following do not on their own establish reasonable suspicion of a criminal offense and are not sufficient to warrant an investigation” On this list includes “Limited English Proficiency Citizenship or Immigration status” as well as “Presence in the United States without authorization or formal documentation” and “Proximity to the border.”
According to the USCIS Guide, which is from a private company that does immigration services, Vermont is not currently cooperating with the feds on immigration.
“Vermont is a sanctuary state, meaning that it has adopted laws and policies that protect undocumented immigrants from detention and deportation by providing them with a safe and supportive environment,” it states.
It continues to state, “However, Vermont does comply with federal laws and regulations when it comes to sharing information with federal law enforcement agencies when there is a legitimate threat to public safety.”
In Burlington, there has already been political friction between the federal government and The Queen City.
“The Justice Department is asking Burlington for documents that they believe will show if the city has been cooperating with federal immigration law as part of an escalating, nationwide crackdown on so-called sanctuary cities,” VtDigger reported in 2018.
Vermont sanctuary cities include Burlington, Winooski, and Montpelier.
The legislature’s summary notes that 20 V.S.A. § 4652 is now law via. Act No. 5 (S. 79).
According to the legislature’s summary, this means that “[The] Vermont Attorney General, is authorized to enter into, modify, or extend agreements pursuant to which State and local law enforcement can assist federal authorities in carrying out certain immigration and other functions. However, State and local law enforcement can enter into such agreements when it is necessary to address threats to the public safety or welfare of Vermont residents arising from a declared State or national emergency.”
VDC reached out to Lindsay Thivierge, the Director of Administration for the Vermont Criminal Justice Council. She is away but may update soon about whether what happened in Massachusetts should be a concern for Vermonters.
A national problem
Loose immigration enforcement in sanctuary cities is causing problems nationwide, including in America’s largest city.
The ICE website quotes Thomas Decker, their New York field office director who said, “Let us not gloss over the fact that the vast majority of the individuals arrested during this operation have criminal histories. It’s frightening that New York City politicians created laws that force local law enforcement agencies to release dangerous criminals back into the community despite the seriousness of their crimes.”
They also state the importance of sharing information with feds to mitigate threats.
“ICE relies on the exchange of information with its law enforcement agency partners to access foreign-born inmates at local, state, and federal facilities, and the use of detainers as part of its public safety mission. In many cases, these individuals pose a demonstrable threat to communities.”
The American Immigration Council offers a pro argument for sanctuary status.
It states, “These policies include offering English-language classes; issuing municipal identification documents and driver’s licenses to all residents; ensuring that immigrants have equal access to bail; establishing U-Visa policies to make it easier for victims of crime to obtain necessary documents from law enforcement agencies; and training criminal prosecutors and public defenders on the immigration consequences of convictions and plea deals.”
Questionable tactics by the feds?
The Vermont organization Migrant Justice notes they settled a lawsuit in 2020 with the feds regarding their use of an informant.
The activist organization wrote, “As part of a larger pattern of suppressing immigrant activism nationwide, federal immigration authorities infiltrated the meetings and private associations of Migrant Justice through the use of a civilian informant, invasively surveilled its members, and mined their social media pages for information.”
The writer is an author for the Vermont Daily Chronicle