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Malloy: Cops Don't Have To Enforce Federal Immigration Laws

Connecticut Gov. Dannel Malloy joined other commissioners Wednesday in outlining recommendations to communities on proper protocols on President Trump's executive order on immigration.
Connecticut Gov. Dannel Malloy joined other commissioners Wednesday in outlining recommendations to communities on proper protocols on President Trump's executive order on immigration. Photo Credit: File

FAIRFIELD COUNTY, Conn. -- Governor Dannel P. Malloy and commissioners of other state departments are sending recommendations to school superintendents and police chief outlining suggested protocols on how to help these jurisdictions make decisions on enforcing President Trump's executive order on immigration.

The recommendations by Malloy, the Department of Emergency Services and Public Protection, the Department of Correction, and the State Department of Education include:

  • Local law enforcement should not take action that is solely to enforce federal immigration law. The federal government cannot mandate states to investigate and enforce actions that have no nexus to the enforcement of Connecticut law or local ordinances.
  • ICE detainer requests are requests, they are not warrants or orders and this should only be honored as set forth in Connecticut law, unless accompanied by a judicial warrant.
  • Law enforcement should not provide access to individuals who are in law enforcement custody for purposes of questioning by ICE and any such request, as noted above, should be referred up the chain of command for evaluation.
  • If an ICE agent approaches a school asking for student information or for access to a student, that agent should be referred to the Superintendent’s Office or to the office of an appropriate administrator designated by the Superintendent.

The Governor explained that enforcement of these federal actions will likely result in a host of constituent concerns and legal questions that are thrust upon local communities. With that in mind, Malloy is encouraging town and city officials to give consideration into these matters so that a sound, and comprehensive plan can be in place should these issues abruptly arise in their respective communities.

Ultimately, local law enforcement agencies determine whether, and to what extent within the parameters of the Connecticut Trust Act, they assist the Immigration and Customs Enforcement (ICE) federal agency.

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