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.