This week, Vermont Attorney General Charity Clark issues provided guidance for Vermonters on immigration enforcement.
Across the nation, many businesses, nonprofits and organizations who provide support and services to the immigrant population, or who advocate for marginalized communities including migrant workers, have established protocols to guard against raids from ICE or groups or individuals pretending to represent ICE.
“I know many in our communities are feeling anxious or scared right now,” said Clark in a statement. “My office is providing this guide to give folks who may come in contact with immigration enforcement officers the tools they need to advocate for themselves and their loved ones.”
According to Clark, the guide was designed in response to the many Vermonters who have expressed “great concern about recent changes in federal immigration enforcement.” It seeks to answer questions about the power of the federal government; the role (or lack thereof) state or local law enforcement play in civil immigration enforcement; and the rights Vermonters can exercise if they encounter immigration enforcement officers, Clark said.
The “Know Your Rights” guide outlines basic rights when encountering immigration officials, whether at home or in public spaces, and points to resources available in Vermont communities. The guide also addresses questions raised by the general public, such as whether or when immigration officers need a warrant to make an arrest or search private spaces, Clark said in an accompanying news release.
The National Education Association also has issued a response.
According to the NEA website, the principles in play are “a reminder that educators, families and community advocates have worked together to successfully protect students and their families, and have the power to shape a better future for all.”
According to the NEA:
— All students have a constitutionally protected right to obtain a public education, regardless of legal status.
— Educators have a professional responsibility in fostering inclusivity, empowering students and advocating for policies that create a safer, more supportive environment for immigrant families.
— In light of President Trump rescinding policy that prohibits ICE from conducting immigration enforcement in public schools, schools can adopt policies to limit ICE enforcement on school grounds, protect student privacy and reaffirm that education is accessible to all students, regardless of immigration status.
And many schools, including several districts here in Vermont, have done just that.
Clark’s office acknowledges that while the federal government has the authority to regulate immigration, “it must still honor the constitutional rights afforded to everyone in this country, regardless of their citizenship or immigration status.”
According to Clark, as outlined in the guide, “basic rights include”: The right ...
— To remain silent.
— To request an interpreter and translated documents.
— Not to consent to an officer searching you or your property without a judicial warrant.
— To ask officials to identify themselves.
— To request and review any court order or warrant.
— To talk to a lawyer if you are arrested or placed in custody.
Advocacy groups trying to hold the Trump administration accountable are recommending additional, more pointed action.
For example, it is worth noting that ICE agents cannot enter a private location unless they have a judicial warrant, signed by a judge, that is from the U.S. District Court or Vermont courts. A “private location” is one that is not open to the general public. In those cases, ICE cannot enter without a warrant. ICE must also list the name of the person they are looking for. ICE often uses Homeland Security paperwork, administrative warrants or other documents to claim right of entry and/or arresting someone or searching a space. However, it must be a court signed warrant.
In many communities where ICE agents are showing up, concerned citizens are being asked to record the encounter, even narrating what is happening. It is allowable to describe who is involved, provide names, how many ICE agents are there, what they are wearing, if they are armed, what paperwork they have or do not have. Be sure to state the time and date. Some groups urge that if you can make a video, keep it running continuous and try to record an actual clock and something with the date on it. This could be critical evidence for someone’s legal case.
Who would believe we now live in a time when we need to be situationally aware (public versus private spaces), or that we might have to document interactions in such a manner.
And yet our nation’s schools are thinking about how best to protect students; our attorney general is worried about the rights of citizens and non-citizens alike, and there are groups and advocates encouraging the protection of “basic rights” toward a commitment to the rule of law.
Here we are indeed.
You can read the Attorney General’s guidelines at bit.ly/3HFuG8g