We all deserve to live free from racial discrimination and harassment, and true community safety requires trust between law enforcement and the communities they serve. But for many in the immigrant community—regardless of their legal status—even the briefest interactions with law enforcement can pose a significant threat to their freedom, safety, and basic dignity.
Those threats are magnified when we allow collusion between local police and immigration authorities – and even more so with an incoming Trump administration that has threatened to pursue a campaign of mass deportation.
Fortunately, Vermont has already taken steps to prevent entanglement between the federal government and local police. More than a decade ago, we joined Migrant Justice and other allies in advocating for Vermont law enforcement to stay out of the deportation business by passing Vermont’s Fair and Impartial Policing Policy (FIPP).
The FIPP limits local police involvement in immigration enforcement and offers a model policy for local communities to adopt. Though imperfect—and resisted by at least some law enforcement agencies—this legislation established a clear mandate for local police: if an undocumented immigrant poses no threat to an officer or the public, officers should not share their personal information with Immigration and Customs Enforcement or Border Patrol (ICE and CBP).
Comments by Sheriff Colby prompt ACLU to file public records request
In 2023, the Vermont Criminal Justice Council considered several revisions to the state’s model policy that would close lingering loopholes that we and Migrant Justice found still undermined trust between Vermont’s immigrant community and police. It was these proposed changes that prompted Essex County Sheriff Trevor Colby to publicly express his concerns that the amended FIPP would supposedly stymie his officers’ ability to do their jobs.
According to a December 2023 article published by Community Service News, Sheriff Colby “emphasized that his priority is to keep residents within his jurisdiction safe, and people in his relatively remote part of the state get shaken up when they see unfamiliar folks. Up there, he said, everyone basically knows everyone.” As a result, Colby reportedly explained that he “would likely call immigration authorities after a traffic stop if he thought the people in the car were undocumented.”
To be clear, such a call would likely violate the FIPP and, if based on race or other protected categories, could also violate the constitution. Sheriff Colby’s statement—especially worrying in light of the incoming Trump administration’s mass deportation agenda—prompted us to file a public records request in January 2024 seeking the Essex County Sheriff Department’s records relating to immigration enforcement.
Sheriff’s department fails to comply with Vermont Public Records Act
Following months of back and forth over the scope of our request, the Department declined to provide copies of the records as required by state law. Instead, they insisted that the ACLU travel to the sheriff’s office in Guildhall to “inspect” the records in person before staff would make copies of them. Such a requirement would violate Vermont’s open records laws, which guarantee the public access to public records.
As a result, we sued the Sheriff’s Department to obtain copies of the records in question and are asking the court to clarify that the Sheriff’s Department’s interpretation of the law is incorrect.
What comes next?
Following the filing of our lawsuit, the Essex County Sheriff’s Department tried to have the case dismissed, which we opposed. We are pleased to share that a state court judge denied the sheriff’s motion to dismiss, meaning that the case will proceed.
In addition to our work to secure access to these documents and better understand how the department handles immigration-related matters, our colleagues are working at the state level to advocate for a stronger Fair & Impartial Policing Policy – now more urgently needed than ever before.
President-elect Donald Trump has promised to engage in a mass deportation effort that can only occur at scale with the support of local law enforcement, and we simply can’t let that happen. Vermont has already shown its commitment to protecting the rights and dignity of immigrants in our state, and it is now essential that our state leaders follow through on that commitment.
Take action today by signing our Firewall for Freedom petition, which urges state leaders to protect Vermonters from this kind of federal overreach by reducing unnecessary interactions with law enforcement and limiting the use of state and local resources to carry out Trump’s deportation plans.
