What is Vermont’s Fair and Impartial Policing Policy?
By James Maloney
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SOUTH BURLINGTON, Vermont (WPTZ) — Following unrest in South Burlington last week, many are questioning local police compliance with Vermont’s Fair and Impartial Policing Policy.
The policy was created around 2009 by the Vermont Criminal Justice Council and was adopted by the Vermont General Assembly in 2012.
It’s meant to create clarity on officers’ decisions when it comes to identifying a person and enforcing the law equitably.
The policy has been amended multiple times since it was created, and every law enforcement agency in Vermont is required to have one.
Certain language within it is being questioned following an Immigration and Customs Enforcement operation in South Burlington on Dorset Street. Vermont State Police were called in for crowd control, and Public Safety Commissioner Jennifer Morrison said they created a safe “corridor” for ICE to serve a federal warrant that they received.
However, many on the scene protesting saw this as state police helping ICE. Both Section 5 and Section 6 are dedicated to immigration law and interactions with federal immigration authorities.
V. b. reads: “Agency members should not make warrantless arrests, detain individuals, facilitate the detention of individuals, or otherwise expend resources investigating or enforcing unlawful entry or unlawful reentry cases unless such actions are (1) necessary to ensure public safety or officer safety (imminent risk of physical injury to subject, officer, or third party) or (2) integral to the investigation of criminal offenses unrelated to immigration law.”
Morrison has vehemently denied that state police facilitated the arrests that were made on March 11, and that it was a public safety function.
“There were no serious injuries and no deaths,” she said at a press conference this week. “That has not been the case in some of these other encounters that went violent quickly.”
While ICE did have a criminal warrant for one individual inside, three others were taken into ICE custody. Police said they did not know that was going to happen when they found out the person on the warrant was not inside the property.
“Unless the person that they wanted produces themselves … I think it’s impossible, I don’t see the result changing. They were still going to enter the home to search and confirm,” said Chief William Breault, with the South Burlington Police Department.
Despite this, one state senator says she witnessed state police help ICE to serve the warrant every step of the way- believing it was a violation.
“It is time to reevaluate our fair and impartial policing policy and ensure that it is strong enough,” said Sen. Tanya Vyhovsky, P/D- Essex Junction. “I have been saying for years that that policy should be in law, in statute, not just policy.”
Neither Vermont State Police nor South Burlington police have launched internal investigations, but said they are doing “after-action reviews.”
The Burlington Police Department is reviewing the actions of one officer for their use of force.
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