Vermont’s Attorney General Charity Clark took pains to say she ‘plays no role in immigration enforcement’ in an August 28 statement that decries the Trump administration’s immigration policies and outlines what she says are constitutional rights ‘regardless of a person’s citizenship or immigration status.’
The State of Vermont was declared a sanctuary state earlier this month by Clark’s federal counterpart, Dept. of Justice Attorney General Pam Bondi. Bondi’s letter does not specify examples of Vermont’s sanctuary status, but it does warn that unless the Green Mountain State mends its ways, it faces loss of funding and even possible criminal action against responsible state officials. Gov. Scott responded to Bondi that she is in error and that Vermont is not a sanctuary state – despite a 2017 law he signed preventing local and state law enforcement from cooperating with ICE or the Border Patrol on civil immigration matters.
Clark’s latest anti-Trump press release noted the detaining for possible deportation of illegal immigrants living in ‘the Northshire,’ an unofficial name for the Bennington County area. Press reports say that on August 25 ICE detained two Jamaican women working as home health aides and living in Manchester.
Clark’s statement, available on her website under the title Your Rights and ICE, is published in its entirety below.
Immigration enforcement officers are required to honor the constitutional rights given to everyone in this country, regardless of a person’s citizenship or immigration status. As immigration enforcement has reportedly increased in the Northshire, many members of our community are feeling on edge.
My heart breaks for the families being separated by the Trump administration, especially children being separated from a parent. Although the state Attorney General plays no role in immigration enforcement – a federal issue – my office’s constitutional experts put together a “know your rights” guide. This guide, which is available on our website and our Instagram page, can help you know your rights when you or someone else you know encounters immigration enforcement officers.
Some highlights of these rights include:
The right to remain silent. You do not need to answer questions, or write or sign anything. If you are unsure whether it is better to remain silent or answer questions, you have the right to tell officials that you do not wish to talk until you have spoken with a lawyer.
The right to request an interpreter and translated documents.
The right to not consent to an officer searching you, your property, your home, private areas of your workplace, your school, or the inside of your vehicle without a judicial warrant. If an officer issues you an order that you disagree with, you still have the right to say you are not consenting to their actions – even if you follow the order out of concern for your safety.
The right to ask officials to identify themselves.
The right to request and review any court order or warrant.
The right to talk to a lawyer if you are arrested or placed in custody.
The full guide published by my office, which is called “Your Rights When Encountering Immigration Officials in Vermont,” is available on our website in English and Spanish. Questions about the guide may be directed to the office’s Civil Rights Unit by calling 802-828-3657 or emailing ago.civilrights@vermont.gov.
Vermont is a brave little state where we stand up for our rights – and for our neighbors. Stay safe and look out for each other.
Guy Page – Vermont Daily Chronicle
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