What if ICE Shows Up?
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Agents of ICE, the federal Immigration and Customs Enforcement agency, “have authority to act wherever they want,” said Weston Police Chief Ed Henion in a briefing to police commissioners on Tuesday evening. But, to the chief’s knowledge, the agency has not been present in Weston and, except for certain circumstances, local police in Connecticut are prohibited from cooperating with them.
Chief Henion said Weston policies are compliant with the Connecticut Trust Act of 2013, which forbids local police, school security officers, and other authorities from acting on a “civil immigration detainer,” an administrative request from ICE to assist by detaining someone suspected of violating federal immigration law. The police also cannot facilitate the arrest of such a person or transfer the person to federal custody.
However, if the immigration detainer request is accompanied by an arrest warrant signed by a federal district court judge, the police must cooperate. And if the police arrest someone and a records check indicates the person has been convicted of a state Class A or B felony — or is in the federal Terrorist Screening Database — the police may contact ICE.
Chief Henion said the police cannot ask about someone’s immigration status in an interview or at a motor vehicle stop. He said the police have no obligation to notify ICE “if we encounter someone and happen to find out they are undocumented.” He added that someone coming in with a complaint about the police cannot be asked about their immigration status.
Twice a year, local police are required to report to the state Office of Policy and Management the number of undocumented persons who have been taken into custody and how many have been referred to ICE. In his nine years in Weston, said Chief Henion, there have been none.
If ICE wanted to operate in Weston, Chief Henion said they could do so, as the agency acts independently under federal authority. He said he would not be notified in advance. While his department could not assist in the operation, it could not interfere.
The Trust Act
According to a summary provided by the office of the Connecticut Attorney General, the 2013 Connecticut Trust Act came about to foster trust between the immigrant community and law enforcement, to “make residents feel safe interacting with law enforcement” and “more likely to make reports” when they witness crimes or are victims themselves.
The summary says the Act is based on the U.S. Constitution’s 10th Amendment “anti-commandeering doctrine,” which forbids the federal government from “requiring states and municipalities to adopt or enforce federal policies.” It codifies the state’s policy that “local and state law enforcement resources should be focused on and allocated to local and state issues.”