Vermont Business Magazine On Wednesday, Attorney General Jeff Sessions’ Justice Department notified the State of Vermont and the City of Burlington that the Department believes they have laws, policies or practices that violate 8 USC 1373, a federal statute that promotes information-sharing related to immigration enforcement. In all, the Department cited 29 jurisdictions, sometimes derided as “sanctuary cities,” that are being threatened with the withholding of funds. Specifically, the Department is questioning whether the State of Vermont and the City of Burlington comply with requirements of the fiscal years 2016 and 2017 Byrne Justice Assistance Grants (Byrne JAG). The Department is threatening to withhold Byrne JAG funds. The State of Vermont and the City of Burlington have until December 8, 2017, to submit a response to the Department that addresses whether they have laws, policies or practices that violate this statute. Byrne JAG is the primary provider of federal criminal justice funding to state and local governments, including law enforcement agencies. This program uses a congressionally mandated formula, as laid out by Congress. In fiscal year 2016, the State of Vermont received $507,892 and the City of Burlington received $39,945. For fiscal year 2017, Vermont’s allocation is $476,496, and Burlington’s is $38,845, but the Justice Department is holding up all Byrne JAG grants for the entire nation.
Governor Phil Scott said Thursday that he believes that Vermont is fully in compliance and that the attorney general does not understand the circumstances here in Vermont. Vermont's other elected officials agreed with the governor's position, though in more strident words.
Senator Patrick Leahy (D-Vt.) said in response to this action: “These moves against the State of Vermont and the City of Burlington by Attorney General Sessions are shameful. I strongly believe that police chiefs and local leaders should decide what state and local policies are necessary and best to keep their communities safe — not an Attorney General who is attempting to extort immigration reform by cutting off vital public safety dollars to local communities and their residents.
“The Attorney General’s decision puts public safety at risk by delaying nearly $700 million in Byrne JAG, SCAAP, COPS Hiring, and Anti-Methamphetamine and Anti-Heroin Task Forces funding for law enforcement agencies across the country. This only serves to punish local law enforcement agencies and victims of domestic and sexual violence and other violent crimes. Frankly, this funding should have been out the door months ago from the Justice Department, and these delays will jeopardize local efforts to fight crime, including criminal gang activity, and to combat heroin trafficking. Just today a federal judge enjoined the Justice Department from pursuing these very policies. These actions make one thing clear: In their disgraceful and unending efforts to villainize and scapegoat immigrants, President Trump and Attorney General Sessions are willing to make our communities less safe and to abandon victims of crime.”
Leahy is the Vice Chairman of the Senate Appropriations Committee and a leading member of the Senate Judiciary Committee.
Congressman Peter Welch (D-VT) said in a statement: “This decision is a slap in the face to Burlington, the State of Vermont and law enforcement agencies across our state.It is a blatant attempt by the Attorney General to strong-arm state and local governments in this country to fall in line with the Trump Administration’s offensive anti-immigrant policies.The courts should block this heavy-handed and punitive decision.”
Burlington Mayor Miro Weinberger said: “Today I received a letter from the current administration in Washington that I found concerning but unsurprising. I would like to share it with the community. We have long-anticipated receiving a letter like this from the current administration, which is why I called for a review of the City’s policy within weeks of the 2016 presidential election. We have looked at these issues carefully over many months, and contrary to the opinions asserted in today’s letter, we believe the Burlington Police Department is in compliance with 8 U.S.C. § 1373 and we do not believe the Federal law requires us to implement the current President’s draconian immigration policies. Regardless of who populates the administration in Washington, the Federal government has no authority to deputize Burlington police officers to enforce Federal civil immigration laws.
“We are a welcoming city, and will remain so regardless of Federal actions that seek to undo the progress we’ve made as a nation. We will be responding to the letter by the deadline and forcefully arguing our case.”
US Senator Bernie Sanders (I-Vermont) said: “Yesterday’s letters to the State of Vermont and City of Burlington from the Department of Justice are nothing more than another attack by the Trump administration on our communities -- a way to try to divide us up rather than go forward with comprehensive immigration reform.
“Cities, towns, and states should be able to police their communities as they see fit. It is outrageous for Attorney General Sessions and the Department to threaten to withhold funds based on political threats.
“We cannot and do not want to live in a society where people are afraid to call the police to get the help they need because they are worried about the consequences for their own lives. They should know that the police are there to protect them, no matter their immigration status.”
Source: WEDNESDAY, Nov. 15, 2017 – Congressional delegation. Weinberger.