BURLINGTON, Vt. (WCAX) – Deep disagreements continue over how Vermont law enforcement should interact with federal authorities when it comes to the immigration status of those they come in contact with. Despite years of efforts to carve out protections, advocates say undocumented immigrants are still at risk of being turned in by local and state cops.
Vermont in 2016 implemented a fair and impartial policing policy aimed at prohibiting state and local law enforcement from questioning a person’s immigration status and involving the feds in their investigations. The policy was amended in 2017 after the Trump administration threatened to withhold federal funding. But groups like Migrant Justice say the amended policy created several loopholes that they want to close.
It’s police interactions like one in 2017, where Franklin County Sheriff’s deputies coordinated with federal agents after a traffic stop to help identify the driver, that has Migrant Justice calling for change. “Some of the things that we’re fighting for in this policy are ensuring that our local police stations aren’t being turned into holding cells for ICE and Border Patrol,” said the group’s Will Lambek.
Lambek is calling on the Vermont Criminal Justice Council to strengthen the fair and impartial policing policy to limit local authorities’ cooperation with federal agents. “We have people talking about not wanting to call 911 when their daughter is having an asthma attack. because they’re worried that Border Patrol could show up alongside the ambulance,” Lambek said.
Vermont police have generally agreed not to ask questions about immigration status, saying that can keep victims and witnesses from coming forward. However, they say limiting their ability to communicate with federal agencies could be a violation of federal law and could put officers at risk. “Some of those federal agents are their closest backup and those agents will come running if help is needed,” said Royalton Police Chief Loretta Stalnaker, who serves on the board of the Vt. Association of Chiefs of Police.
Citing these concerns, a vote by the council on the proposed changes was pushed back. However, Council Chair Bill Sorrell says the policy remains a focus of their work. “It’s a tough, controversial issue of whether we’d be violating federal law if we do what Migrant Justice is asking us to do, but we certainly don’t want biased policing in the state,” he said.
Advocates say since the model policy changed in 2017, nine local departments have added their own provisions. The council’s Fair and Impartial Policing Subcommittee is expected to address the full council on the policy at their next meeting in March.
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