Editor’s note: This is an opinion from Brendan O’Neill of the Vermont Migrant Farmworker Solidarity Project.

Open letter to William Sorrell, Attorney General

I would like to comment on the draft model anti-bias policing policy you are considering. I was thankful to participate in the comment period on Thursday July 22, 2010.

I appreciate that your office has demonstrated leadership to the law enforcement community by putting forth this template, and a willingness to consider explicit reference to one of Vermont’s most vulnerable populations when it comes to bias free policing: the many immigrants, some of them undocumented persons, now living and working in our state. We have an opportunity in Vermont to provide much needed guidance to law enforcement and Vermont communities about their interactions with this relatively new population and there is much to be gained by making it explicit that police in Vermont adopt a “do not ask, and do not tell” policy in regards to immigration status.

As I’m sure that you are aware, there are at least 1,500 workers, most without legal status that are, according to the VT Department of Agriculture, keeping afloat approximately half of our state’s struggling dairy farms. Given the consistent failure of the federal government to create an authorized visa status for undocumented workers, it is most important that Vermont’s bias-free model provide very clear and concise guidance to state and local law enforcement agencies regarding their interactions and policies affecting these vulnerable community members. I want to assure you that currently, the immigrant community sees little or no distinction between law enforcement officials and immigration enforcement officials. Vermont has both an opportunity and responsibility to make this distinction explicit and known to the immigrant community.

There are many reasons that immigration status should be explicitly addressed in the model bias free policing policy including:

* Public safety for everyone. There is a significant threat to public safety unless all community members, including undocumented persons, feel safe to contact the police if they have been the victim of a crime or witnesses to criminal acts. Many, regardless of immigration status, are hesitant to call 911, even in an emergency, for fear that any police contact can lead to detention and deportation for themselves or their family members. Thus, law enforcement officers should not consider race, ethnicity, or immigration status in establishing either reasonable suspicion or probable cause.

* Civil rights for everyone. Our police are charged with protecting the rights of all Vermont community members. When law enforcement officials are allowed to ask persons who they believe don’t look like a Vermonter about their legal status, it creates an environment for racial profiling, violates civil rights and undermines public safety for everyone.

* State and local resources for Vermont communities. The role of Vermont law enforcement is to maintain public safety for Vermont communities NOT to enforce federal immigration law. Police should not investigate complaints nor make referrals to any federal agencies based even in part on suspected or known immigration status. Therefore, VT Police should not enter into agreements with federal agencies that result in any ambiguity between the duties and responsibilities of police and federal agents. Specifically, Vermont police should not participate in federal programs including 287g and Operation Stone Garden for these reasons.

Some police departments in Vermont have taken important steps to address some of these concerns in their policies, most notably Middlebury and Burlington. We suggest that the model anti-bias policy put forth by your office include the following provisions.

1) Law enforcement officers will not consider race, ethnicity, immigration status and other protected categories (*see below) in establishing either reasonable suspicion or probable cause.

2) Police will not investigate complaints nor make referrals to any federal agencies based even in part on suspected or known immigration status.

3) Police will recognize passports and the Matricula Consular de Alta Seguridad (Mexican Consular ID Card) or the equivalent ID card from other countries as a valid proof of identity.

4) There be immediate notice provided to his/her national consulate if an undocumented foreign national is detained.

5) Police will not accept funds or enter into agreements with federal agencies that create conditions that result in any ambiguity between the duties and responsibilities of police and federal agents and thus undermine police commitments to public safety. Specifically, Vermont police will be advised not participate in ICE’s 287g and Secure Communities, or Homeland Security’s Operation Stonegarden due to these reasons.

I remain hopeful that you will open this process to public comment before issuing this model anti-bias policing policy, especially those who may be subject to either conscious or unconscious bias by police officers. Thank you for considering these comments.

Sincerely yours,

Brendan O’Neill

Other Protected Categories: * Country of origin, gender identity, ability, sexuality, marital status, economic status, religion.