A primer: How Vermont law enforcement agencies must handle immigration issues

By Shawn Cunningham
© 2025 Telegraph Publishing LLC

Toward the end of last week’s Chester Select Board meeting, as members were discussing items for future agendas, Arne Jonynas asked what the relationship is between the Chester Police Department and federal immigration authorities in light of recent arrests of both documented and undocumented immigrants in Vermont.

Town Manager Julie Hance told the board, “We have not run into it yet…but the board should have a general understanding. It’s just not something we have encountered.” So far residents of Chester have not experienced agents from Immigration and Customs Enforcement or the Border Patrol taking residents out of the community as has been experienced in Ludlow and farther north, including Monday’s raid at Pleasant Valley Farms in Berkshire.

Board Chair Lee Gustafson questioned the town’s jurisdiction in immigration and noted that the board does not direct the town Police Department. Hance agreed. As a matter of fact, all the town departments report to the town manager — Julie Hance.  Hance then offered to have Police Chief Tom Williams come to a meeting to explain how the department handles interactions with federal authorities.

The following day, The Telegraph received a press release from the Vermont Criminal Justice Council,  an office of state government, regarding just those questions.

The council, which runs the Police Academy, also establishes “rules, policies, regulations and standards for certification and training of criminal justice personnel.”  Among those is the Fair and Impartial Policing Policy, which includes a lengthy section on interactions between Vermont law enforcement and federal immigration authorities.

According to the policy, “Vermont residents are more likely to engage with law enforcement and other officials by reporting emergencies, crimes, and acting as witnesses; to participate in economic activity; and to be engaged in civic life if they can be assured they will not be singled out for scrutiny on the basis of their personal characteristics or citizenship or immigration status.”

The press release went on to say that all Vermont law enforcement agencies– which includes sheriffs, municipal and state police and even constables — must adopt the components of the Vermont Criminal Justice Council’s Fair and Impartial Policing Policy within their own agency policies.

The VCJC called several points important including:

1. Vermont law enforcement cannot enforce federal civil immigration law.
2. Vermont law enforcement can enforce federal criminal immigration law. Enforcing federal criminal immigration law is generally not a priority for Vermont Law Enforcement agencies.
3. Vermont law enforcement should not arrest people without a warrant, hold people, help other agencies hold people, or use resources to investigate or enforce unlawful entry or unlawful reentry cases unless such actions are:
   • Necessary to ensure public safety or officer safety (imminent risk of physical injury to subject, officer or third party) or
   • Essential to the investigation of criminal offenses unrelated to immigration law.
4. Vermont law enforcement cannot use the characteristics in the list below by themselves to establish reasonable suspicion of a criminal offense. These characteristics on their own are not sufficient to warrant an investigation.
   • Personal characteristics, including limited English proficiency;
   • Citizenship or immigration status;
   • Presence in the United States without authorization or formal documentation; and
   • Proximity to the border.

And while a law enforcement agency must adopt the wording of the policy “as is” as a baseline, local changes to it may be put before the VCJC’s attorney for approval, said Lisa Ryan, the community inclusion director at the VCJC.

There are also federal laws that say local and state authorities may not stop their employees from “communicating with federal immigration authorities about a person’s citizenship or immigration status.” But those same authorities may limit communications with federal immigration authorities about other types of information about people. Those include:

• Physical appearance;
• Current whereabouts;
• Places of residence, work or education;
• Telephone number;
• Vehicle/license plate information;
• Social Security Number or lack thereof;
• Family relationships; or
• Custody status, release date/time, or court dates.

No one was available at the VCJC on Tuesday to explain the procedure for instituting such limitations.