ACLU Urges Vermont Policymakers to Strengthen Key Immigrants’ Rights Protections

Montpelier, VT –The ACLU of Vermont is calling on the state to build on its landmark Fair and Impartial Policing Policy (FIPP) to limit local entanglement in federal deportation efforts. In public comments submitted to the Criminal Justice Council last week, the ACLU called for fidelity to the existing FIPP and for the addition of new data collection requirements to better ensure state agencies are complying with the policy.

ACLU of Vermont Legal Director Lia Ernst: “We all deserve to live free from discrimination and harassment, and true public safety requires trust between law enforcement and the communities they serve. But for many in the immigrant community, even brief interactions with law enforcement can threaten their civil rights, safety, and dignity—and those threats are magnified when we allow collusion between local police and federal agents. Whether the Trump administration likes it or not, Vermont and other states are well within their right to insist that state and local resources be used for state and local issues—not enabling a federal deportation campaign.”

The FIPP limits local police involvement in immigration enforcement and offers a model policy for local communities to adopt. Though resisted by at least some law enforcement agencies, this legislation established a clear mandate for local police: if an undocumented immigrant poses no threat to an officer or the public, officers should not share their personal information with Immigration and Customs Enforcement or Border Patrol (ICE and CBP).

Vermont law requires the Criminal Justice Council (CJC) to review and, if necessary, revise the FIPP every two years. Every law enforcement agency, in turn, is required to adopt a fair and impartial policing policy that includes every component of the model FIPP, and can, if they wish, include additional restrictions on communications and involvement with federal agencies. With the support and encouragement of Migrant Justice and other advocates, several Vermont communities have adopted more protective policies.

In written comments submitted to the CJC last week, the ACLU proposes the policy be updated to require data collection from Vermont law enforcement: “One of the best tools to determine if there are potential systemic violations of the policy is to have records of the communications between local law enforcement and federal authorities.”

In support, the ACLU cites to its ongoing litigation against the Essex County Sheriff’s Department over access to public records related to collaboration with immigration officials. That case arose from comments made by the Sheriff that he would likely call immigration authorities after a traffic stop if he thought the people in the car were undocumented. “Such a call would likely violate the FIPP and, if based on race or other protected categories, could also violate the constitution,” the ACLU’s letter notes.

ACLU of Vermont Executive Director James Lyall: “Vermonters’ commitment to upholding the rights and dignity of everyone who calls our state home is unwavering. Vermont policymakers have already taken important steps to keep local police out of the deportation business—and yet, in a time of worsening attacks on our immigrant communities, we remain concerned that not every agency is adhering to that policy. Our hope is that the CJC will strengthen these critically important protections, on its own or with the support of the legislature.”

The model policy has changed over time and had previously been more protective of immigrants’ rights and placed stronger restrictions on information-sharing with federal agencies. Opponents have raised an ever-shifting array of purported legal justifications to weaken those protections. Still, the law remains one of the best available state-level safeguards against discrimination and unconstitutional policing.

The ACLU of Vermont’s letter to the CJC is available here.