WASHINGTON — The Department of Justice is seeking more documents from the state of Vermont about policies the federal government believes may be in conflict with immigration laws.
If the state Department of Public Safety does not turn over the documents, the DOJ warned in a letter last week that it would subpoena the material.
The move is part of a broader crackdown by the Trump administration on so-called sanctuary policies, under which municipalities and states limit local law enforcement cooperation with federal civil immigration authorities.
Vermont and Burlington were two of 29 jurisdictions across the country that were notified in November that the DOJ was reviewing whether their policies complied with immigration enforcement laws. The local and state governments could lose some federal grant funding if they are not in compliance.
In a letter to Vermont Public Safety Commissioner Tom Anderson last Thursday, a director with the DOJ wrote that the department “remains concerned” that Vermont has policies that violate or “may be interpreted or applied in a manner inconsistent” with federal law.
The DOJ requested all documents that instruct law enforcement employees on how to communicate with federal authorities.
“I was surprised to get their letter frankly,” Anderson said in an interview Monday. He responded to the DOJ’s initial charge four months ago.
Burlington officials received a similar letter in January threatening a subpoena if the city did not hand over additional information about guidance for city law enforcement interacting with federal authorities. Mayor Miro Weinberger has not heard more from the DOJ since they responded to that letter, according to a spokesperson.
Anderson said the department is looking into what records are pertinent to the DOJ’s request. The state’s fair and impartial policing policies have been revised multiple times over the last few years. The DOJ asked the state to respond by May 14.
“We’re going to do some research and see if there’s anything that’s responsive,” Anderson said.
The section of the letter threatening a subpoena puzzled Anderson.
“I’m not sure why they included it since we’ve been fully cooperative in anything they wanted,” he said.
Anderson regards the letter from the DOJ as directed at the policies within the Vermont Department of Public Safety. There are state law enforcement agencies outside of the department, including in the Department of Motor vehicles and the Fish and Wildlife Department.
Anderson said that he maintains the view he articulated in his initial response to the DOJ inquiry last year that the state is not violating federal policies.
“I am confident we comply with that federal law,” Anderson said.
The state receives about $500,000 through the grant program. Anderson said that money supports the Vermont Drug Task Force.
James Duff Lyall, executive director of the American Civil Liberties Union of Vermont, said the Trump administration is conducting a “campaign of empty threats” against jurisdictions.
“The longer (Attorney General) Jeff Sessions subjects local communities to this harassment, the more people recognize his extreme, anti-immigrant vendetta for the fraud that it is,” Lyall said. “We are a nation of immigrants, and local policymakers should embrace and defend that tradition without fear of reprisal.”
Read the story on VTDigger here: Justice Department threatens subpoena over ‘sanctuary’ documents.