Vermont H 850: An act relating to immigration enforcement

Bill Text

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VT LEG #386204 v.1
H.850 1
Introduced by Representative Casey of Montpelier 2
Referred to Committee on 3
Date: 4
Subject: Internal security and public safety; federal immigration authorities; 5
corrections 6
Statement of purpose of bill as introduced: This bill proposes to require a 7
judicial warrant from a federal immigration authority before the authority 8
enters a nonpublic area of a sensitive location. It also would terminate and 9
restrict the Department of Corrections’ assistance to federal immigration 10
authorities to the extent permitted under federal law. 11
An act relating to immigration enforcement 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 20 V.S.A. chapter 141 is amended to read: 14
CHAPTER 141. PEACE OFFICERS 15
* * * 16
§ 2223. FEDERAL IMMIGRATION AUTHORITIES 17
(a) Definitions. As used in this section: 18
(1) “Child care facility” has the same meaning as in 33 V.S.A. § 3511. 19

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(2) “Employee” means any person engaged in service to an employer at 1
a sensitive location for wages, salary, or other compensation, and includes an 2
independent contractor. 3
(3) “Federal immigration authority” means a federal agency or 4
department, along with its employees or contractors, tasked with enforcement 5
of immigration law and border entry, including the Department of Homeland 6
Security, Immigration and Customs Enforcement, and U.S. Customs and 7
Border Protection. 8
(4) “Health care facility” has the same meaning as in 18 V.S.A. 9
§ 9402(6). 10
(5) “Public library” has the same meaning as in 22 V.S.A. § 101. 11
(6) “School” means a public school or an independent school approved 12
pursuant to 16 V.S.A. § 166. 13
(7) “Sensitive location” means a school, health care facility, public 14
library, and child care facility. 15
(b) Immigration authorities on site. 16
(1) Upon a federal immigration authority appearing at a sensitive 17
location, no employee shall: 18
(A) grant access to the federal immigration authority into a nonpublic 19
area of the sensitive location unless a judicial warrant is presented by the 20
federal immigration authority that names a specific individual under arrest or 21

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subject to a search and the warrant is reviewed by a supervisor pursuant to 1
subdivision (2) of this subsection (b); or 2
(B) obstruct the federal immigration authority from entering a 3
nonpublic area of the sensitive location in the event the federal immigration 4
authority enters a nonpublic area of the sensitive location without having been 5
granted access pursuant to subdivision (A) of this subdivision (1). 6
(2) A supervisor of a sensitive location shall: 7
(A) be the primary authority to review a judicial warrant presented by 8
a federal immigration authority at the sensitive location; and 9
(B) designate at least one other employee to serve as a designee of 10
the supervisor in the event that the supervisor is not present when a federal 11
immigration authority appears at the sensitive location. 12
Sec. 2. 28 V.S.A. § 101 is amended to read: 13
§ 101. POWERS OF THE DEPARTMENT 14
The Department is charged with the following powers: 15
(1) to establish, maintain, and administer such State correctional 16
facilities and programs as may be required for the custody, control, 17
correctional treatment, and rehabilitation of committed persons, and for the 18
safekeeping of such other persons as may be committed to the Department in 19
accordance with law; 20

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(2) to operate diagnostic and treatment programs and such other 1
programs deemed desirable to treat persons committed to the Department and 2
to further other purposes and objectives of this title; 3
(3) to administer the supervision of persons placed on probation and 4
released on parole and to administer probation and parole services; 5
(4) to employ such officers, employees, and agents as deemed necessary 6
to discharge the functions of the Department; 7
(5) to establish standards for the management, operation, personnel, and 8
program of all correctional facilities in the State; 9
(6) to act in an advisory capacity in assisting law enforcement agencies, 10
except federal immigration authorities, and communities in the prevention of 11
crime and delinquency; 12
(7) to enforce and administer such other laws as may be vested in the 13
Department; 14
(8) to enter into agreements for assistance in support of the operation of 15
jails or lockups in accordance with criteria established by the Department, and 16
to use the jails or lockups as provided in this title, except agreements or 17
cooperative arrangements to assist federal immigration authorities; 18
(9) notwithstanding any other provision of law, the State and the 19
Department shall not be responsible for the expense of detaining