How Lawmakers Are Attempting to Put Checks and Balances on Vermont's ICE Collaboration
S.44 proposes a redistribution of the power of the executive branch when entering into new agreements with federal immigration officials
Those who attended February 1st's "50501" protest in Montpelier may be excited to learn about S.44 - An act relating to requiring legislative approval prior to entering into certain immigration agreements – which was introduced to the Senate by Senator Becca White (D - Windsor).
Most of the policies Vermont lawmakers are working on this session have little to do with President Trump's actions or their consequences; however, White and her co-sponsors are moving forward the conversation about how Vermont might respond to intensifying immigration policy from the federal government.
According to Ethan Weinstein's coverage of S.44 for VTDigger, Vermont law enforcement officers are generally restricted in collaborating with ICE, although many immigration detainees are held in Vermont prisons.
Still, under the current law, the Governor has the authority to enter into, modify, or extend an agreement with federal immigration authorities, after undergoing consultation with the state's attorney general.
S.44 would amend the law, dictating that the Governor may only enter into, modify, or extend such agreements upon the approval of the General Assembly.
As Becca White recently explained on the From the Sugar Shack podcast, this would provide more checks and balances in the authorization of state law enforcement compliance with ICE.
"The news about mass deportations and the use of ICE, it's very concerning," she told podcast host Matthew Vigneau. "We're experiencing them in Vermont, we're experiencing ICE coming into workplaces right now. There's been a lift on sensitive spaces so that ICE can enter funerals, hospitals, weddings, courtrooms. All of those places are now exposed in a way they weren't before."
White went on to explain that she's been in talks with legislative counsel for some time now, trying to figure out what avenues the legislature might take to prevent mass deportations. Unfortunately, through the current system, there's not much Vermont lawmakers can do.
However, they found one leverage point: "Not allowing the Governor to exclusively be the person who signs deputization orders" [emphasis mine]. "Technically, the federal government can ask the Governor, now, to deputize local law enforcement state troopers to support ICE in anything that they want to do. And, while I don't necessarily think our Governor would sign something to that effect, I do think it's important that we have another check in addition to that, which would be having the legislature consider a request to deputize local or state law enforcement to support ICE work."
There are still many steps for S.44 to take before becoming law, questions to hammer out. For instance: does the Governor still have ultimate authority on ICE compliance if the legislature isn't in session?
It's possible S.44 will die in committee, or fall to the bottom of the pile during a session which, so far, has come across as pretty unconcerned with responding to the massive upsets we're witnessing on the federal level. But in my opinion, this is the sort of legislation that we should be pushing our representatives to draft and support. We need lawmaking that is focused on protecting the rights of Vermonters and ensuring equal access for all to health, safety, housing, and dignity. A forward-thinking approach is necessary to create a framework that will continue to defend and nurture Vermonters when other systems worsen or fail. I hope we'll see more legislation like S.44 introduced this session.
If any of your representatives are sponsoring or co-sponsoring this legislation, consider reaching out and thanking them for doing what they can. Or, if any of your representatives are on the Senate Judiciary Committee, where S.44 is currently under consideration, you could send an email to tell them you support redistributing some of the power of Vermont's executive branch, at a moment when the federal executive branch is grabbing all the power that it can.
You can read the full bill draft as introduced (3 pages) here.
Sponsors and Co-Sponsors:
Sen. Becca White - D, Windsor; Sen. Alison Clarkson - D, Windsor; Sen. Martine Gulick - D, Chittenden-Central; Sen. Wendy Harrison, D - Windham; Sen. Nader Hashim - D, Windham; Sen. Joseph Major - D, Windsor.
Senate Judiciary Committee Members:
Sen. Nader Hashim - D, Windham; Sen. Robert Norris - R, Franklin; Sen. Tanya Vyhovsky - D/P, Chittenden-Central; Sen. Philip Baruth - D/P, Chittenden-Central; Sen. Chris Mattos, R - Chittenden-North.
