Migrant Justice will hold a protest Tuesday at the Chittenden County Sheriff’s Department to denounce the detention of a migrant farmworker, an arrest the advocacy organization says violated the law enforcement agency’s policies.
However, Sheriff Kevin McLaughlin said Monday that the deputy involved in the traffic stop leading to the detention of the 21-year-old man did not violate the department’s fair and impartial policing policy.
Migrant Justice, a nonprofit organization that advocates for immigrant farmworkers, isn’t buying the sheriff’s department determination.
The group said the county sheriff’s department collaborated with federal immigration agents in the detention of Luis Ulloa, a farmworker from Franklin County, following a traffic stop last month in South Burlington.
The organization says the detention of Ulloa violated the sheriff’s department fair and impartial policing policy that prevents such collaboration between the county law enforcement department and federal agencies regarding civil immigration matters.
Migrant Justice said in a press release Monday morning that Ulloa was a passenger in a vehicle that was pulled over for speeding Nov. 22 by Sheriff’s Deputy Jeffry Turner.
The deputy, Migrant Justice said, asked for identification from all the vehicle occupants, and Ulloa showed him a Mexican passport. Turner then photographed that passport and contacted U.S. Border Patrol.
Migrant Justice said the deputy held the vehicle’s occupants along the side of Interstate 89 for a “lengthy period of time” until border patrol agents arrived at the scene and detained Ulloa.
According to Migrant Justice, the sheriff’s department violated provisions of its fair and impartial policy, including one that states department members “shall not initiate or prolong stops for the purpose of enforcing civil immigration matters, such as suspicion of undocumented status, nor shall they prolong stops for the purpose of allowing federal immigration authorities to conduct such investigation.”
Another violation of the policy, according to Migrant Justice, deals with a provision that states that sheriff department members “shall not facilitate the detention of undocumented individuals, or individuals suspected of being undocumented by federal immigration authorities for suspected civil immigration violations.”
Migrant Justice said Ulloa has not been charged with any criminal violations, but is being held on a civil immigration violation allegation.
The sheriff’s department’s policy states that “violations of the policy shall result in appropriate disciplinary action.”
It doesn’t appear that any such disciplinary action is coming as a result of a statement issued later Monday by the sheriff in response to Migrant Justice’s assertions.
McLaughlin said Turner stopped the vehicle for traveling 80 mph in a 55-mph zone on the interstate.
During the stop, according to McLaughlin, Turner learned that the driver of the vehicle was not licensed to drive in Vermont.
As a result, McLaughlin said in the statement, Turner sought information from everyone in the car to see if any of them were properly licensed to drive the car from the scene.
“During his subsequent discussions with some of the occupants of the vehicle, Deputy Sheriff Turner believed he had a reasonable suspicion, based on a totality of the circumstances, that there had been a violation of federal criminal laws by some of the occupants of the vehicle,” McLaughlin statement read.
“Deputy Sheriff Turner advises me,” McLaughlin added, “that due to those circumstances and outstanding questions about the identity of some of the occupants of the car, he contacted US Customs and Border Protection to assist.”
McLaughlin did not state in his release what federal crimes the deputy believed may have been violated. The sheriff didn’t immediately respond to a message seeking that information.
In his statement, the sheriff also did not name any of the people in the vehicle, stating that he “was sensitive to honoring the privacy of all persons who come into contact with our officers.”
The sheriff did state the department adopted the fair and impartial policing policy on March 1, the date law enforcement agencies were required to do so by state law. Also, according to McLaughlin, Turner has “attended all required training and classes relative to the implementation of that policy.”
The driver of the car pulled over by Turner was given an oral warning for the speeding violation and was issued a civil violation for not having a driver’s license, according to McLaughlin.
The driver, and two other passengers in the vehicle, left the scene after a licensed driver arrived and drove the car away, the sheriff stated.
McLaughin added that “based upon my preliminary investigation,” Turner’s action in the traffic stop, including his decision to involve federal authorities, “is consistent” with the department’s fair and impartial policing policy.
“My investigation into this matter remains open,” the sheriff said in the statement, “and I welcome any additional relevant information with regard to Deputy Sheriff Turner’s conduct so that I can re-assess my preliminary determination if necessary.”
Will Lambek, an organizer for Migrant Justice reached later Monday, said McLaughlin’s initial determination that Turner acted in accordance with the department’s policy is not borne out by the facts.
He said nobody had been charged with violating federal criminal law, and the policy prohibits Turner from inquiring into Ulloa’s immigration status based solely on viewing his passport.
Lambek added that he expected a “transparent” investigation into the incident and “full accountability” for any violation.
He also said that he would be curious to know what Turner’s “reasonable suspicion” was concerning whether a violation of federal criminal law took place.
Assistant Attorney General David Scherr said Monday that in certain circumstances the Vermont Criminal Justice Training Council can investigate a case of an alleged violation of a law enforcement department’s fair and impartial policing policy.
Those circumstances include if it can be shown the department’s own investigation was not a “valid” investigation.
Possible penalty for an officer violating the policy can range from a written warning to decertification, based on an officer’s history, Scherr added.
The day after the traffic stop, Lambek said Migrant Justice sent a public records request to the sheriff’s department.
According to records Migrant Justice received in response, on the same day the public records request was sent, McLaughlin forward that request to Turner, sheriff’s department Capt. Robert Stebbins and Norman Blais, an attorney.
In that email, McLaughlin wrote, “Jeff get in touch with dept attorney Blais ASAP and norm can you meet with Jeff to go over this case hopefully ASAP.”
Lambek said Monday that the response by the sheriff’s department to his organization’s public records request is telling.
“I think the email speaks for itself,” he said. “They got a public record request and the first reaction was to tell the deputy to speak with a lawyer.”
For the last four years, according to Migrant Justice, Ulloa has worked on dairy farms in Vermont and New York, and sends money to his mother and siblings in Mexico.
Ulloa is being held without bond at an Immigration and Customs Enforcement detention facility in Dover, New Hampshire.
At the Migrant Justice protest, set for 11:15 a.m. Tuesday at the Chittenden County Sheriff’s Department in South Burlington, Ulloa’s cousin, Juan Ulloa, will speak about the incident.
Juan Ulloa was the driver of the vehicle stopped by Turner on Nov. 22.
Read the story on VTDigger here: Migrant Justice plans protest over traffic stop leading to farmworker’s detention.