SANCTUARY STATE: Gov. Phil Scott is backing sanctuary state policies for Vermont. Unlike other Republican governors and elected officials, he’s working against a GOP trend to eliminate havens for illegal immigrants.
Republican Gov. Phil Scott is spearheading sanctuary state policies in Vermont, bucking his party’s agenda in many other states and cities.
Last week, Scott met with his cabinet and Vermont’s attorney general to respond to President Donald Trump’s Jan. 25 executive order seeking federal-state partnerships to enforce immigration policy in the nation’s interior.
The Border Security and Immigration Enforcement Improvements order seeks to “empower state and local law enforcement agencies to perform functions of an immigration officer.” This means that local law enforcement would engage in the investigation, apprehension and detention of illegal immigrants. However, the consent of state and local officials is only necessary “as appropriate.”
The mandate for such partnerships already exists, but the Trump administration has announced it intends to actively utilize the option.
While Scott says the mandate crossed “legal, ethical and moral lines,” local law enforcement are saying they are getting one set of instructions from the governor and the opposite instruction from the feds.
“We’re in a precarious position,” Rutland County Sheriff Stephen Benard told Watchdog. “I just got an email from the [Vermont] attorney general telling me to stay out of administrative warrants, but I have another email from the federal government ordering me to be involved.”
Benard said each law enforcement department head will have to decide which order to follow — a decision that could trigger consequences from either side.
But Scott has done more than order law enforcement to ignore direct federal orders. He has called for new state legislation to counteract Trump’s orders, formed teams to investigate potential legal action against the federal government and has asked state attorneys to volunteer legal counsel for those who risk deportation.
Still, Scott is reluctant to officially declare Vermont a “sanctuary state,” saying the term can be misleading to those fleeing federal prosecution. He also may fear Trump’s threat to deny federal funds to sanctuary states and cities.
While Scott is moving to embrace illegals, Republican leaders in other states are taking strong action against sanctuary policies.
In Texas, Gov. Greg Abbott is backing legislation that will prohibit cities from adopting sanctuary policies. The Texas governor has told local officials that they must end sanctuary policies or risk a loss of state funds and removal from office.
“Elected officials do not to pick and choose which laws to enforce,” Abbott told the Texas Legislature last week.
In Wisconsin, Republican lawmakers proposed a bill that would penalize cities and towns for non-compliance with federal and state law. The legislation would allow Wisconsin residents to sue any governmental agency that violates the law. The bill comes shortly after the Milwaukee County Board passed a resolution saying it would welcome illegal immigrants.
Republican legislators in Florida and Iowa have introduced similar resolutions. “It is not mean-spirited or racist to enforce the law. This bill was not aimed at any community. It is aimed at enforcing the rule of law,” said Iowa Rep. Steven Holt, R-Denison, during a public hearing on the bill.
New Jersey Gov. Chris Christie, a Republican who lost to Trump in the presidential primaries, has announced that he is a “willing partner” in the effort to defund sanctuary cities. Since the election, sanctuary cities have continued to form throughout the Garden State. Most have not sought official designation, however, which makes them harder to track.
Republican officials are taking sides at the local level, as well.
Phoenix Mayor Greg Stanton has denied a petition by activists to make the city a sanctuary city. Miami-Dade Mayor Carlos Gimenez, a Republican from Florida, has ordered county jails to cooperate with federal officials in the detention of illegal immigrants.
Miami-Dade has never claimed the official title of a sanctuary city, but non-compliance led to Miami-Dade’s inclusion in a sanctuary city list put out by the Justice Department in 2016. Gimenez’s decision is a financial one.
“I want to make sure we don’t put in jeopardy the millions of funds we get from the federal government,” he told the Miami Herald.
Critics of the move say the city’s former practice of releasing illegal immigrants was due to the fact that the federal government doesn’t fully reimburse the cost of keeping them. Incarcerating illegal immigrants costs $7 billion annually, according to the State Criminal Alien Assistance Program, a program that partially reimburses states for the cost of holding illegals.
The program’s grant reimburses 2.7 cents for every state dollar, however, leaving state taxpayers to pick up the tab. In 2015, the Vermont Department of Corrections received $21,354, meaning the total cost was $790,888. Vermont did not receive any SCAAP funds in 2016.
While Republicans in other states are fighting sanctuary policies, Vermont’s GOP leaders have stayed silent on the topic.
When asked whether state Republicans supported Scott’s sanctuary policies, Jeff Bartley, executive director of the Vermont GOP replied, “Vermont’s brand of Republican has always been moderate … we’re focused on winning elections.”
Republican Minority Leader Don Turner, R-Milton, did not respond to Watchdog’s request for an interview.
While Republican leaders in Vermont are staying silent, Republican voters are not.
“We’ve elected a RINO (Republican in Name Only),” said Don Chioffi, a Vermont Republican voter who is involved in Rutland’s refugees debate. “He’s playing to the other side. Our local reps aren’t willing to stick their neck out and do what’s best for our community. We need leaders who put our safety first.”
A version of this story originally appeared in the Washington Times print edition.