Local law enforcement leaders brace for Trump immigration policy

Leaders of local law enforcement agencies are clear on one thing when it comes to investigating crimes — a person's immigration status should not be a factor. Donald Trump's second term as president begins Monday, and with it has come renewed threats by his administration of mass deportations of undocumented immigrants and sanctions to states and cities that do not abide by federal laws pertaining to immigration. New London Police Chief Brian Wright and Norwich Police Chief Patrick Daley, questioned about the expected level of cooperation between local and federal officials, both said it is not the duty of local law enforcement to enforce federal immigration law. "Our community should feel comfortable knowing that when we respond to calls for service our purpose there is not immigration status," Wright said. Daley said there is a level of trust between the community and law enforcement that ensures that all residents, regardless of their background, feel safe reporting crimes and seeking help when needed. Connecticut has been referred to by some organizations as a sanctuary state based on passage in 2013 of the Connecticut Trust Act. There is no set definition for a sanctuary state, but then U.S. Attorney General Jeff Sessions, in 2017, issued a letter defining sanctuary jurisdictions as those that "willfully refuse to comply" with federal immigration laws. Connecticut was initially identified as a sanctuary jurisdiction — and still is by some organizations — but the federal sanctions threatened under the first Trump administration never materialized. Connecticut's Trust Act prohibits law enforcement in the state from arresting or detaining an individual based solely on immigration status unless certain conditions are met. Federal agents, for instance, must have a warrant or the individual must have committed a Class A or Class B felony, such as murder or first-degree sexual assault, or is on the terrorist watch list. New London additionally passed an immigrant-friendly resolution in 2018 that reiterates some of the language in the Trust Act, such as rules prohibiting local police from detaining an individual for federal immigration enforcement agents. Connecticut Attorney General William Tong has been attending forums throughout the state related to immigration, including one in New London on Wednesday, seeking to reassure residents and promising to fight for protections of immigrants. Tong has publicly said he intends to fight Trump's attempt to end birthright citizenship, by which someone can become a citizen by either being born in the U.S. or having one parent who is a U.S. citizen. "We've been down this road before," said Michael Lawlor, a former state representative who served under Gov. Dannel P. Malloy as the undersecretary of criminal justice policy and planning during Trump's first term in office when the Trust Act was signed. "We don't want there to be a perception that local and state police are agents of ICE," Lawlor said. Lawlor is now the acting associate dean and associate professor of criminal justice at the Henry C. Lee College of Criminal Justice and Forensic Sciences at the University of New Haven. Cooperation with federal officials, Lawlor said, has a chilling effect in communities where police want people, regardless of immigration status, to report crimes. Cities and towns become less safe, Lawlor said, when people are in fear of being reported to federal authorities. "One of the reasons Connecticut has among the lowest crime rates in the country is because we've been able to foster trust between local police and immigrant communities. Severing that relationship, Lawlor said, will lead to more crimes going unreported. Lawlor said federal agents cannot force the state to assist in carrying out deportations. Lawlor said former Attorney General Sessions, after initially issuing a threatening letter to the state, looked at state law and determined it was not in violation of federal law. Gov. Ned Lamont was issued a letter in December by a conservative group called America First Legal threatening legal action over the Trust Act. "Federal Law imposes serious consequences for obstructing the execution of federal immigration law," the letter reads. "We have identified your jurisdiction as a sanctuary jurisdiction that is violating federal law." America First Legal's president is Stephen Miller, Trump's deputy chief of staff for policy. "(The Connecticut Trust Act) only says that while we're not going to help you, we're not going to get in your way," Lawlor said. Lawlor said the state is protected by the 10th Amendment of the U.S. Constitution, which says the federal government cannot force a state to administer federal laws, or honor things like requests to detain an individual. Law enforcement does regularly share information with federal officials when someone is charged with a crime. Fingerprints of someone who is arrested are regularly sent to a FBI database. Law enforcement officials said that is done to ensure someone is not wanted in Connecticut or any other state. The U.S. Immigration & Customs Enforcement agency has access to those databases and could, conceivably, send a request to a state or local law enforcement agency to hold a person, Lawlor said. State Sen. Stephen Harding of Brookfield, a lawyer who represents the 30th Senate District, said while the Trust Act was designed to protect law-abiding immigrants, it has instead tied the hands of law enforcement. "What frustrates me about the Trust Act is you're really only helping the undocumented individual," Harding said. "I think the majority of people in this state, regardless of political affiliation, think that if you're here committing crimes we shouldn't be getting in the way of deporting those individuals." Harding said he thinks the Trust Act essentially makes Connecticut a sanctuary state by forcing local and state law enforcement, in many cases, to deny a request from federal ICE agents to detain an individual. "You could have an individual arrested for a violent crime, who is undocumented, but they can't detain the individual. It's insane. This is no longer about helping the undocumented immigrant or family who has otherwise abide by the law and integrated themselves into society. We're talking about undocumented individual arrested for a violent crime." Harding said if that individual is arrested for a crime and posts bond, law enforcement or the court system, by virtue of the Trust Act, is obligated to release them. One of the places where some would expect ICE agents to take an interest is the local courts. State Judicial Branch spokeswoman Rhonda Hebert said a defendant's immigration status is irrelevant when they are arraigned on a criminal charge. They are, however, advised of the possibility of deportation for conviction of certain crimes. The court's only duty is to advise a defendant of the possibility, and the Judicial Department is governed by terms of the Trust Act, which outlines applicable circumstances that federal immigration officials would be informed. "The Trust Act does provide protections for our immigrant communities and families in Connecticut, but the time is now to strengthen our state laws so that our residents have expanded civil rights and liberties protections and legal recourse in case their rights are violated, Chelsea-Infinity Gonzalez, Public Policy and Advocacy Director, ACLU of Connecticut said in a statement. Gonzalez said The ACLU of Connecticut is part of a coalition of the state's immigrant advocacy groups and has been hosting rallies, solidarity events, and Town Halls to garner support. "Families, neighbors, communities, businesses, faith groups, service providers, clergy, and others need to know their rights and feel empowered in a time where some would pit people against one another," she said. Harding said Senate Republicans intend to present a proposal to limit the language in the Trust Act. g.smith@theday.com