Gov. Phil Scott is calling for a new state law that would prohibit local officials from enforcing President Donald Trump’s refugee and immigration edicts.
His legal team, together with Attorney General T.J. Donovan, will also consider challenging Trump’s travel ban in court if they conclude that it’s unconstitutional. The temporary ban prohibits refugees, as well as citizens of seven Muslim-majority countries, from entering the United States.
To further study whether the ban is unconstitutional or unlawful, the governor is creating a “Civil Rights and Criminal Justice Cabinet” that will include legislative leaders, members of Scott’s cabinet, the defender general and law enforcement leaders.
“We believe we need all hands on deck,” Scott said in an interview Monday evening. “This isn’t about trying to make a name for ourselves … it’s about trying to protect Vermonters and Americans alike.”
Scott suggested that Trump’s order may violate the Fourth Amendment, which protects against unreasonable searches and seizures, along with the Tenth Amendment, which protects state rights. He would not weigh in on whether the ban targets Muslims but said if his cabinet determines that it does, “then we will press forward on that as well.”
In his statement, Scott said, “This action will not prohibit law enforcement officers’ ability to uphold the law, but it will ensure they are not carrying out additional actions under the executive order that may ultimately be deemed unconstitutional or infringe on the rights of Vermonters or the rights of Vermont as a sovereign State.”
Jay Diaz, an attorney with the American Civil Liberties Union of Vermont, praised Scott’s decision not to cooperate with Trump’s order and also called on him to further restrict immigration-related information that already flows between state and federal agencies.
Diaz wrote in an email that the organization “welcomes the governor’s voice to the chorus of legal scholars, advocates, politicians, and impacted communities who agree that President Trump’s Muslim ban and draconian immigration policies are unconstitutional, immoral, and harmful to the United States.”
Those policies — and who is enforcing them — seem to change by the hour. On Monday evening, acting U.S. Attorney General Sally Yates ordered Justice Department attorneys to not defend the executive order in court and questioned the legality of Trump’s decree. The president later fired Yates and named Dana Boente to serve until his nominee, Jeff Sessions, is confirmed by the Senate.
As confusion continues to swirl, the governor said his administration is asking for more information from the U.S. Justice Department and the Department of Homeland Security.
“I’m not sure anybody has a complete understanding of the ramifications, and it doesn’t seem as though we’re getting a lot of clarity from the administration but we hope to,” Scott said.
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way to go governor!
Can you imagine the screams of horror that would have emanated from the Bannon/Trump political right if it had been Obama firing our US Attorney General over a disagreement of constitutionality of a law?
The Bannon/Trump administration is also doing its best to stifle dissent among our nation’s diplomatic corps. Again – what if Obama had tried to shut down a formal dissenting view from those who work under the Secretary of State?
I’ve been saying for the last twenty years that the single greatest threat foreign or domestic to our freedoms and democracy is the national Republican Party. Now with an authoritarian loving Bannon/Trump Repub administration bolstered by a Republican Party we see my fears coming to fruition.
So proud of our governor!
It appears that Governor Scott has been swept into the media hysteria surrounding President Trumps executive orders relating to immigration and refugees from certain Middle Eastern and North African nations which had been identified by the Obama administration as worthy of a heightened concern to our nation those countries include: Iran, Iraq, Libya, Sudan, Syria and Yemen.
A fair reading of the Executive Order reveals nothing that would interfere with any of the immigrants or refugees who are currently residing in Vermont, regardless of their citizenship status. Additionally, nothing in the order imposes any prohibition, restriction or requirement on any state, county or local official. The order exclusively relates to the activities of officials in Homeland Security, the Office of the U.S. Secretary of State, the NSA and the FBI; relating exclusively to the vetting and clearance of refugees from the above mentioned countries.
Interestingly, little attention has been given to the Executive Order of January 25, BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS which does, in its section #10, discusses: (a) engaging with the Governors of the States, as well as local officials for the purpose of preparing agreements (b) To the extent permitted by law and with the consent of State and local officials to authorize State and local law enforcement officials . . . to perform the functions of immigration officers in relationship to the investigation, apprehension or detention of aliens in the United States Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.
The Executive Order of 1/25/17, specifically seeks only to confirm those laws which currently exist and with great specificity recognizes that any agreement is subject to the consent of State and local officials. Clearly the administration does not seek to compel the State of Vermont to perform the duties of the Federal agencies; it merely confirms the Federal Governments authorization for those entities to assist if they should choose to do so.
Nothing in either of the Executive Orders relating to refugees, immigrants or border security should have lead Governor Scott to declare “Vermont will continue to uphold the laws of our state and nation, but we will not be forced to take any action that we believe violates Constitutional rights, or infringes upon the rights of Vermont as a sovereign state.”
Massachusetts AG and others are filing a federal court this afternoon. It was all on NECN at noon. It has major implications in all states. The states need to do something!
I was originally disappointed to have a Repulican Governor. Now all,things considered, I’m proud to have a republican Governor standing up against our so-called president
HEAR, HEAR GOV. SCOTT!
And you call yourself a Republican, Gov. Scott? I voted for you even though my friends said that you would just be a pawn in the hands of the Democrats. It seems that they were right. As a 28 year Veteran, I would like to see Vermont support our President and stop acting like the whiney little sister who never gets her way. You make me ashamed to be a Vermonter, Scott. Maybe someday my vote will elect a real Republican with some balls.
The Vermont “Way” reigns supreme! Thank you Governor Scott. You make me proud to be a Vermonter!
I believe you all are phonie people that are following under the governor we do not need any muslim allies if our governor truly gave serious thought about our state he would look into all the problems that currently exist with homelessness and helping our veterans that have little to no care after giving their lives and sanity for us. I don’t understand why the people are so obsessed with helping ours countries. When they won’t even help the ones that keep them and the ones that can help our economy. I believe our president is right on the money America has helped every one while no one has helped us. It’s time to focus on America again.
This terrible executive order, which is opposed by most Republicans, would make many working Vermonters into criminals if they went to Montreal for the day and then tried to come back home to Vermont. Basically everyone opposes this except a few Trump partisans who are just trying to score political points at the expense of their fellow Vermonters.