Justice Department questions Vermont, Burlington immigration policies

The Justice Department has targeted Burlington and the state of Vermont as part of a move Wednesday to crack down on communities with immigration policies that run afoul of the Trump administration's approach.

Letters to 29 cities and states raised the possibility of pulling federal grant money unless the Justice Department is convinced that local policies align with those of the administration. The grant funding totals tens of thousands of dollars for Burlington and about half a million dollars for Vermont.

"Jurisdictions that adopt so-called 'sanctuary policies' also adopt the view that the protection of criminal aliens is more important than the protection of law-abiding citizens and of the rule of law," U.S. Attorney General Jeff Sessions said in a statement announcing the action.

"I urge all jurisdictions found to be potentially out of compliance in this preliminary review to reconsider their policies that undermine the safety of their residents," Sessions continued.

The move drew a strong rebuke from opponents of federal immigration policy, including Sen. Patrick Leahy of Vermont. The Democratic senator said in a statement that threatening to withhold the primary means of federal criminal justice funding was "shameful," "misguided" and "anti-immigrant."

"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," Leahy said.

The Justice Department letters were dispatched to Burlington Mayor Miro Weinberger and Vermont Public Safety Commissioner Thomas Anderson. The documents, signed by Acting Assistant Attorney General Alan Hanson, demand a reply by Dec. 8.

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The letters state the Justice Department is "concerned" Vermont and Burlington might be failing to comply with a provision of federal law related to sharing information regarding illegal immigration. The provision in question, known as Section 1373, requires governmental bodies and officials to exchange information with Immigration and Naturalization Services regarding "the citizenship or immigration status, lawful or unlawful, of any individual."

Burlington drew the Justice Department's ire over immigration-related provisions in the city's Fair and Impartial Policing Policy. Immigration-related sections of Vermont's Model Fair and Impartial Policing Policy were singled out in Hanson's letter.

In both cases, the policing policies set limits on when and how law officers may share immigration-related information with federal authorities, according to the letters.

Weinberger said in a statement that his administration has long expected to receive such a letter and reviewed city policies in anticipation. He believes Burlington fully complies with U.S. requirements.

"We do not believe the Federal law requires us to implement the current President’s draconian immigration policies," the mayor said. "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," Weinberger added, "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."

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According to Leahy's office, Burlington received $39,945 in federal criminal justice funding in fiscal 2016 and is due for another $38,845 in fiscal 2017. The state of Vermont accepted $507,892 in fiscal '16 and is in line for $476,496 this fiscal year.

Among the other jurisdictions to receive Justice Department letters Wednesday: Albany, New York; Berkeley, California; Denver; Los Angeles; San Francisco; Seattle; Washington, D.C.; and the states of Illinois and Oregon.

Contact Adam Silverman at 802-660-1854 or asilverman@freepressmedia.com. Follow him on Twitter at @wej12.