Gov. Peter Shumlin and the Department of Public Safety announced a new policy today that effectively prohibits Vermont State Police from asking suspected illegal immigrants for papers unless they are suspected of another crime.
According to a press release, the new policy states that “Vermont State Police troopers should not try to identify people whose only suspected violation is that they are present in the United States without proper documentation, but also makes clear that officers should continue to investigate suspected criminal activity.”
Previously, the state police’s “bias-free” policy barred troopers from asking about immigration status only when a suspected immigrant was a crime victim or witness. Vermont’s dairy farms are heavily dependent on migrant labor; several thousand Latino workers are employed in Vermont dairies, legally and illegally.
Shumlin launched a review of state policy in September after two undocumented migrant farm workers, one of them an outspoken activist, were detained by state police during a traffic stop and turned over to the U.S. Border Patrol. The governor took heat from Republicans when he said afterward that Vermont’s policy on immigration enforcement amounted to “look the other way.”
The new policy was authored by Shumlin’s former legal counsel Beth Robinson, who the governor recently appointed to the Vermont Supreme Court.
Click here to read Shumlin’s press release. Click here to download the policy.
Shumlin’s press release quotes Public Safety Commissioner Keith Flynn saying the policy will “ensure the fair and equal treatment of all individuals in Vermont.” Attorney General William Sorrell, who has urged all Vermont police departments to adopt a policy akin to Shumlin’s new one, said, “This is good news. Now I hope more Vermont police departments will adopt bias-free policies that emphasize their primary role of enforcing Vermont criminal laws.”
The new policy includes “special provisions” for law enforcement operating near the Canadian border, allowing them to take action relating to “unlawful border crossings in progress, as well as to call for support from federal authorities when required to protect officer or public safety,” the press release says.
Click here to read about a Franklin County dairy farmer near the Canadian border whose migrant workers were removed earlier this year after one them accidentally dialed 911.
The VT Migrant Farmworker Solidarity Project, which launched a sustained lobbying effort to get the policy changed, welcomed the new policy as a “big step forward” but then expressed some fears about it.
“The policy has a number of exceptions to when police can ask about immigration status and engage in immigration enforcement,” said Solidarity Project spokesperson Natalia Fajardo.
This article appears in Nov 2-8, 2011.
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If the VSP follows your directions, they will be inconveniencing a lot of innocent people minding their own business. Shumlin’s only mistake here was using the phrase “Look the other way.” As another commenter pointed out, it is more accurately described as “Don’t Ask, Don’t Tell.”
“ERIC” you are dead wrong. The state police officer in the recent case didn’t “go looking” for a violation, it was staring him in the face. Shumlin’s not telling police to look the other way; he’s telling them to do their jobs with blinders on.Why the Hell should the VSP ask “light skinned people without accents” about their immigration status? Those people aren’t trying to sneak into the U.S.. They’re staying in Canada or Western Europe where they have stable currency and a national health plan.If you are looking for Mexicans who are here illegally, it’s only common sense to search among Mexicans. Similarly, if you are looking for Arab terrorists, look among Arabs. This is not racism, it’s common sense policing, and it’s practiced by countries way more progressive than this one. You just have to be respectful and professional, as this officer was. Oh, and by the way, he was right–the suspects turned out to be, in fact, here illegally.
Shumlin most certainly can tell the VSP that with limited resources, some laws are more important than others. He may not be able to tell them to “ignore” violations, but he sure can tell them to stop looking for them. Until VSP starts asking light-skinned people without accents about their immigration status, they have no business going after Mexicans.
Here is Gov. Shumlin being sworn in and taking the oath of office as Governor on January 6, 2011.The oaths begin at 1:20.Note the part where he swears to uphold the Constitution of the United States.I didn’t see the part where he said, “except the federal laws I don’t agree with.”http://www.burlingtonfreepress.com/article/20110107/MULTIMEDIA/110107004/Video-Highlights-from-Peter-Shumlin-s-inaugural-addressI’m also assuming state police officers have to take an oath, and I’m sure it will mention upholding and enforcing both state and federal laws.
Shumlin has no legal authority to direct the VSP to ignore federal law. It’s that simple. This order is invalid, and any law enforcement agent that abides this order over federal law is abetting a crime. As well, all federal agents such as BP, ICE, etc will continue to enforce federal laws and are under no obligation to abide Scummy.
The emerging view in Vermont that if we don’t like the laws, we don’t have to obey them, is frightening. Drug laws? Don’t obey ’em and we won’t enforce ’em. Illegal aliens? Hire ’em and we’ll look the other way. Wind turbines? They got a permit to go up, but go ahead and obstruct the construction — it’s okay. Illegal camping in City Hall Park? No problem because we like your “cause.”I guess it’s now my privilege as a Vermonter to ignore any laws I don’t like — but only as long as my viewpoint is considered politically correct, of course.
Just a bit ironic that Beth Robinson’s “Look the Other Way” policy she has her puppet facilitator enacting actually amounts to a “Don’t Ask Don’t Tell” policy now for Illegal Aliens.
Thank you, Governor Shumlin, for decriminalizing DWAA (Driving With An Accent). Now I will probably vote for you even though you are an expert at putting your foot in your mouth.
But, but, but what about looking the other way for the people in Lowell, protesting the towers. Nope the supreme court seems to say they must leave.Double standard?It seems you can be legal on private property and not be allowed, violate ordinance in city hall park and be allowed, and well the subject of illegal aliens, will eventually go to the supreme court, and, and, and.Keys for the use of city hall facilities are now available, please contact local taxpayers as these are your providers.Free speech in Vt. is really being called into question as the courts are now throwing it into the wilderness where Pete the Moose had more power.Maybe I will lead a Moose on a leash through city hall park.Double standard has been set, cant protest in Lowell but you can in Burlington. I guess I am protesting.
This policy will likely become moot once and if ICE’s program Secure Communities goes into effect in 2013 nationwide, and if so, cities and states won’t be able to opt out of it, whether one likes it or not.