|
Getting your Trinity Audio player ready...
|
State board of police overseers OKs enforcing federal criminal immigration law
By Guy Page
The state board that makes and enforces policing policies today emphasized and clarified when Vermont police may and may not cooperate with federal immigration authorities.
The Vermont Criminal Justice Council (VCJC) voted unanimously on April 2 in support of sending a letter to communities regarding Vermont Law Enforcement’s interactions and communications with Federal Immigration Authorities,” spokesperson Lindsay Thivierge said in an email sent today. “After hearing from various community stakeholders that there were fears and anxiety from impacted communities around what Vermont Law Enforcement’s role is with Federal Immigration Authorities, it felt important to address this need.”
The statement is published in its entirety below:
The Vermont Criminal Justice Council (VCJC) and all Vermont Law Enforcement agencies are committed to practicing fair and impartial policing. We value community trust, cooperation, and public safety. VCJC understands that the federal government’s immigration orders impact many Vermont communities, causing great anxiety. It is important to VCJC that Vermonters understand Vermont Law Enforcement’s responsibilities and communications with federal immigration authorities. VCJC has a comprehensive model policy about Fair and Impartial Policing. This letter is a snapshot of our Model Policy, and it is our hope that this letter makes the model Fair and Impartial Policing Policy easier to understand.
The VCJC worked with community organizations to create the Fair and Impartial Policing Policy, and every Council member voted in favor of accepting the policy. By law, all Vermont Law Enforcement Agencies (sheriffs, municipal/city, state, and towns) must adopt the components of the Vermont Criminal Justice Council’s Fair and Impartial Policing Policy within their own agency policies. This means that Vermont Law Enforcement Agencies commit to treat everyone living in and visiting Vermont fairly.
Here are important things to know:
1. Vermont Law Enforcement cannot enforce federal civil immigration law.
2. Vermont Law Enforcement can enforce federal criminal immigration law. Enforcing federal criminal immigration law is generally not a priority for Vermont Law Enforcement agencies.
3. Vermont Law Enforcement should not arrest people without a warrant, hold people, help other agencies hold people, or use resources to investigate or enforce unlawful entry or unlawful reentry cases unless such actions are:
• Necessary to ensure public safety or officer safety (imminent risk of physical injury to subject, officer, or third party) or
• Essential to the investigation of criminal offenses unrelated to immigration law.
4. Vermont Law Enforcement cannot use the characteristics in the list below, by themselves, to establish reasonable suspicion of a criminal offense. These characteristics on their own are not sufficient to warrant an investigation.
• Personal characteristics, including Limited English Proficiency
• Citizenship or Immigration status
• Presence in the United States without authorization or formal
documentation, and
• Proximity to the border
5. Two federal statutes, 8 U.S.C. §§ 1373 and 1644, state that local and state agencies and officials may not stop their employees from communicating with federal immigration authorities about a person’s citizenship or immigration status. However, State and local authorities may limit communications with federal immigration authorities regarding other types of information about individuals, such as:
• Physical appearance
• Current whereabouts
• Places of residence, work, or education
• Telephone number
• Vehicle/license plate information
• Social Security Number (SSN) or lack thereof
• Family relationships, or
• Custody status, release date/time, or court dates
VCJC’s model policy restricts local agencies from sharing the information listed above with federal immigration authorities except for in instances that involve safety issues or law enforcement needs that are not related to the enforcement of federal civil immigration law. The model policy contains a comprehensive list of legally permissible restrictions between the interactions of local and state law enforcement officers and federal immigration officers. Please see Fair and Impartial Policing Policy section VI for a detailed description of these restrictions.
We hope that this letter provides clarity for all Vermont’s residents and visitors, but especially for our most impacted and vulnerable communities.
Discover more from Vermont Daily Chronicle
Subscribe to get the latest posts sent to your email.
Categories: Law Enforcement, State Government
This policy is unlawful. In fact it’s criminal imho. Resign please.
Totally Agree! I hate living in a freaking Sanctuary State! I didn’t vote for that and as far as I am concerned these Sanctuary States are illegal
Who the hell is VCJC (Vermont Criminal Justic Council), what government official is that? Did anyone vote for these people.
Oh…
The VCJC worked with community organizations to create the Fair and Impartial Policing Policy, and every Council member voted in favor of accepting the policy.
Do people know what organizers are and do? They are disciples of Saul Alinsky. They are not good for any government; they are troublemakers by their own words. Power and money by any means necessary.
They are minions of the administrative state. They neither defend nor protect the Constitution. They are the reason we have so much crime in Vermont, they make it impossible for anyone to do their job.
The Vermont Criminal Justice Council is a 23-person board made of up people whose primarily function is to hamper law enforcement in ways that don’t directly violate laws although in some cases it does, but nobody will challenge it. Sadly, you can thank Governor Scott for some of this.
Got to wonder why we have so much crime in Vermont?????????
Before long, Vermont will have no federal funding because of all the bleeding hearts in it.
Ya, that may be great for cities and towns in the middle and lower half of the state but up here in the NEK the state, local police and Sheriffs depend on Boarder Patrol for back up, as do they. Not backing them up while doing their sworn duty may result in injury or death to VSP, Locals and Sheriff’s when there just up the road from and incident but can’t respond because of VCJC idiotic rules! We see a more Boarder Patrol vehicles up here than VSP or other law enforcement. Canaan is an example, where there is heavy boarder patrol presences and few if any VSP presences, if there is a call in the town they have extended wait time for backup from Derby to get there! Sometimes 45+ minutes. But in normal Vermont fashion that’s how the State of Vermont chooses to repay the favor. Another example is when the boarder patrol Agent was shot on I-91 a few months ago, Boarder Patrol had assistance from ALL LAW ENFORCEMENT there with them, A Newport Police Officer didn’t wait and actually transported the BP Agent to the hospital in his city police cruiser, Shame on him for assisting federal agents!!
Montpelier doesn’t even acknowledge that the NEK even exists! This organization needs to be dismantled as soon as possible. Let out Police Officers and Troopers do their Job! This is absolutely ridiculous to even have an organization like this!😡😡
And Vermont wonders why so many people are leaving the state! Why does the VCJC not want to cooperate with Federal policy? Doesn’t the Governor and state legislators get to have a say in this?
Last summer the local police in Burlington put the word out that it isn’t safe to come into the city at night, and young women I know who work there have told me they don’t feel safe walking to their cars in the parking garages. Some have left their jobs because of their fear. Why on earth are the police collectively choosing NOT to FULLY cooperate with the feds on Criminal Law enforcement? This only endangers Vermonters.
If it says they can support them in Criminal Immigration situations to me that means they can support them period! It is a Criminal infraction to cross our Borders illegally period. Anyone that does that is a criminal.
It’s a Civil infraction to overstay a Visa.
Therefore, every Officer and Trooper should be able to assist ICE in the removal of anyone that crossed our Border Illegally! Deport them all!
#1 “Vermont Law Enforcement cannot enforce federal civil immigration law.”
#2 “Vermont Law Enforcement can enforce federal criminal immigration law.”
I get the difference, but if you enforce the civil action, (crossing the boarder to take up residence illegally)don’t you also limit the amount of illegals committing felonies ? You know, like a broken windows policy . Come on, is it really “good policing” to turn a blind eye to those who chose to violate the very 1st condition of being here ? Handcuff criminals, not cops !
The Civil Immigration is only overstaying your Visa!
The Criminal Infraction is literally crossing the Border Illegally. That’s a Crime and every person that has done that is a Criminal!
Guy, please clarify the history, background, and date of establishment of this Board. The Sheriff of each county is elected by we the people and ranks higher than local police. This board state they use a “ model”. What is the model based on ? Is this “ model” unique to sanctuary jurisdictions? What other states have such a board and model ? Thank you.
Hi Libby – yeah, that’s a good idea. Basically it was set up by the Legislature in 2017 or thereabouts, I think, an appointed board to oversee policing, esp. ‘fair and impartial’ policing policies regarding police brutality, race relations, working with federal government etc. etc. That’s a quick thumbnail sketch that may not be completely accurate in its particulars. I will add a paragraph to the story.
Soooo basically don’t cooperate with the federal effort to deport illegal aliens…is that about it? I suspect that our state’s functioning reflects the agenda of thin veneer of empowered citizens…these initiatives do not arise from a broad consensus of Vermonters.
First, a bit of history. The Vermont Criminal Justice Council (VCJC) used to be the Vermont Criminal Justice Training Council. The VCJTC goes back many, many years (into the 1960s). It was designed to provide uniform and consistent training and certification for Vermont Law Enforcement Officers. As a former Vermont Chief of Police, it was always my department to administer but the Training Council would provide the necessary training for all police officers. I have noticed that with the name change comes an alleged authority to determine policy within the town police department. It is a good thing I am retired because if I still was a Vermont Police Chief I would be raising all kinds of hell about some State entity handing me policies they created for my officers. Secondly, Vermont is a small state and law enforcement has always worked together no matter the uniform. Powers of arrest and briefly detaining a person are two very different things. True, we never could arrest for Federal Civil Violations but we could and did detain people briefly for various other agencies (local, county, state and federal). Most importantly, someone needs to put their foot down regarding “the State” running things that really belong to the local officials and citizens to decide. ~Steve Waldo, Baltimore, Vermont