By Michael Bielawski
After a Vermont police officer told a Spanish-speaking person at a February 7 Vermont Criminal Justice Council meeting, “You’re here f—–g illegally,” his comment was called “offensive” and “devastating” by the council and “racist” by advocates for undocumented workers – AKA illegal immigrants.
But was Michael Major’s statement factually accurate? Yes, according to federal law, assuming Major was referring to Migrant Justice members in Vermont in violation of federal immigration law. But Vermont’s Trump-era “Fair and Impartial Policing Policy” governing all Vermont police offers a different answer: “None of your business, officer.”
The hot mic moment occurred during a virtual “Zoom” meeting of the VCJC, an appointed board created by the Legislature to oversee policing policy, training and discipline. A spokesperson for advocacy group Migrant Justice was speaking about the state’s Fair and Impartial Policing Policy.
Major, a Bristol police officer and deputy sheriff representing the Vermont Police Association on the VCJC, interrupted with this audio-only comment: “You’re here f—ing illegally and you’re worried about being safe. Oh yeah. Unreal.” His subsequent claim that he was speaking to his daughter was met with scorn and disbelief by VCJC members. It is likely he was “speaking to the screen,” unaware his cellphone was not muted.
Major’s comment prompted a rebuke by Council Chair William Sorrell, who said “that opinion is not welcome.”
Within minutes, Major apologized profusely and resigned his Council position as Vermont Police Association representative. Within hours he resigned his part-time job with the Bristol Police Department. The next day he resigned as a Chittenden County deputy sheriff. All three resignations were accepted speedily and without expression of regret.
Major’s statement clearly was rude and crude. Both what he said and how he said it offended the council and his employers. But – was he wrong?
The Fair and Impartial Policing Policy
After the 2016 election of Donald Trump, many Vermont lawmakers, officials and activists were determined to resist the new president’s desire to strenuously police the border against illegal immigration. The result was the VCJC adoption in December, 2017 of the Fair and Impartial Policing policy.
Policy stated
The policy states “If any [agency member or employee] receives a call for service that appears to be based solely on an individual’s perceived personal characteristics or immigration status, the [agency member] will attempt to ascertain if there are other circumstances or facts that would constitute reasonable suspicion or probable cause.”
Justified by concern for public safety
The introduction to the policy claims that “enforcement of civil immigration law is a federal responsibility” and for Vermont police to enforce these laws risks the “partnership with Vermont residents” that “is the most effective way to ensure public safety.” The introduction reads:
“Because partnership with Vermont residents is the most effective way to ensure public safety, maintaining the public’s trust is a primary concern. To secure this trust personal characteristics, or immigration status, should have no adverse bearing on an individual’s treatment in [Agency’s] custody. Enforcement of civil immigration law is a federal responsibility and agencies should not engage in such enforcement except as otherwise outlined in this policy. Vermont residents are more likely to engage with law enforcement and other officials by reporting emergencies, crimes, and acting as witnesses; to participate in economic activity; and to be engaged in civic life if they can be assured they will not be singled out for scrutiny on the basis of the personal characteristics or immigration status.”
Police violating policy face internal investigation
If an officer is not believed to be following this policy, they risk facing internal investigation. The policy states, “All [agency members] are required to promptly report allegations, complaints or knowledge of biased policing or suspected violations of this policy to their supervisor and the department’s internal investigation function. Where appropriate, employees are required to intervene at the time the biased policing incident occurs.”
Former Manchester Police Chief Michael Hall told True North Reports in 2019 that fair and impartial policing hinders the ability of officers to use demographics during an investigation.
“Basically, that’s what law enforcement consists of — taking known factors and then compiling that with other elements to arise to a level of suspicion, and then you check it out further,” he said. “… I was pretty strongly opposed to what this state had instituted.”
An “offensive” and “devastating” remark
In the aftermath, council members and social justice leaders condemned Major’s comment. That day, the Council on their website called it “an offensive statement that was insulting to our invited guests from Migrant Justice, to our other Council members, and to the organizations and communities that our Council members represent.” They added, “the impact of his words was devastating.”
The officer’s former boss Chief Bruce Nason did not have kind parting words.
“Major’s comments do not reflect the views of the Bristol Police Department or the officers that seek to make the Bristol Community safe and welcoming to all,” he wrote in an email to NBC News.
Migrant Justice released a statement saying this was, “a clear and painful reflection of the racism that still exists in this state. … The state must act now to remove Trump-era loopholes and truly protect immigrant rights.”
The Council calls it a “marginalized” population that is frustrated with the situation with illegal immigration. They said, “his divisive remark exemplifies the fears felt by marginalized populations too often in our State.”
The author is a writer for the Vermont Daily Chronicle