By Guy Page

The City of Burlington won’t participate or cooperate with Immigration and Customs Enforcement (ICE) traffic stops or other actions in city limits, Mayor Emma Mulvaney-Stanak said in a letter to Burlingtonians Friday, January 31.

“There have been ICE stops in our City,” Mulvaney-Stanak said. “Our Burlington Police Department in no way participated in those stops, per our Fair and Impartial policing Policy, which makes clear that Burlington Police Officers will not enforce civil immigration laws.”

Rumors to the contrary, there have been no ICE raids in Burlington, Joe Magee, the mayor’s spokesperson, told VDC this week. But immigration-related traffic stops have been happening (both before and after Donald Trump was sworn in).

However it might (or might not) square with federal law, Mulvaney-Stanak’s position is consistent with state law since 2017. Vermont police have not been allowed to help their federal brethren actively apprehend illegal immigrants.

Vermont’s ‘Fair and Impartial Policing’ policy, based on a 2017 state law that was the first signed by Gov. Phil Scott, prohibits local and state police from participating with federal authorities in immigration-related civil actions, such as traffic stops. An Essex County sheriff is currently the object of ACLU-initiated legal action in connection with his alleged participation with federal authorities.

Customs and Border Protection (CPB) agents are permitted by federal law to make traffic stops within 100 miles of the Canadian border of the Atlantic coastline – in Vermont, all but the most southwestern section of the state. In fact about two-thirds of all Americans live within 100 miles of either the coastline or the borders of Canada or Mexico. 

As stated by the ACLU: “A federal law says that, without a warrant, CBP can board vehicles and vessels and search for people without immigration documentation “within a reasonable distance from any external boundary of the United States.” These “external boundaries” include international land borders but also the entire U.S. coastline.”

At a press conference Thursday, Rep. Becca Balint (D-Vermont) noted that federal agents have been conducting traffic stops in the Hartford area. As with Burlington, this is nothing new: the I-89/I-91 intersection has long been a favorite location for immigration-related traffic stops, due to being a crossroads for traffic leaving northern Vermont and New Hampshire for southern New England and New York. 

A bill introduced in 2018 by then-Sen. Patrick Leahy would have reduced the CBP boundary from 100 miles to 25. It failed. 

But Vermont does cooperate with ICE in some law enforcement matters. For example, if ICE seeks to detain an incarcerated person for an immigration violation, the Department of Corrections will hand over the felon after he/she has completed his/her Vermont sentence, state officials confirmed to VDC this week. 

The full text of Mulvaney-Stanak’s letter appears below – 

January 31, 2025 – To all members of our community:

Our city stands firm in its commitment to protecting the rights of all residents, regardless of background or immigration status. There have been ICE stops in our City, and I want you to know that we will do what we can to protect your rights and your safety. Our Burlington Police Department in no way participated in those stops, per our Fair and Impartial policing Policy, which makes clear that Burlington Police Officers will not enforce civil immigration laws.

Furthermore, all residents should know your rights. Linked below are two helpful resources – the first is a ‘Know Your Rights’ fact sheet from the ACLU, the second is a local reporting tool from Vermont Asylum Assistance Project, should you witness ICE activity. The reporting tool also links to Migrant Justice’s Rapid Response Team, who can help impacted families.

Know Your Rights | Immigrants’ Rights | ACLU [links available in actual letter]

Report ICE Activity to Vermont Asylum Assistance Project in partnership w/Migrant Justice

I stand with those of you who are living in fear because of policy changes at the federal level. Those policies are not our policies, and we will continue to be a community that stands together to keep each other safe. I am grateful to our community partners and our City staff who do the work of keeping us safe every day. That work will continue.