Outreach - Giving Data to Feds

On March 14th this bill came to the House floor for debate and a roll-call vote. I voted "Yes". The bill passed 110 to 24. Here's the details:

R-Yea 

25

R-Nay

24

D-Yea 

73

D-Nay

0

R-Absent

4

D-Absent

9

Oth-Yea

12

Oth-Nay

0

Oth-Absent

2

Abstain

0

Not-Voting

1

150


The bill was passed to the Senate for their consideration.

Why I voted "Yes." 
The bill is specific enough to prevent its abuse. It is ONLY when the Feds are asking for information in order to create a registry that the based on personal data that the information is not shared. There is no impact to law enforcement. I had no trouble supporting this bill.

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There are two bills being considered in the Vermont Legislature that will limit how Vermont's governmental employees and agencies can interact with Federal officials who might be creating a registry. The purpose of the bills is to frustrate any efforts by President Trump to create a registry of those individuals who might be subject to prosecution or deportation. It is important to note that if the federal agent is asking for information for any purpose other than creating a registry, the information should be provided.

Here's a  VtDigger article about it. And here's another.

The two bills are H.228 from the House and S.79 from the Senate. They are identical. The bills, as introduced, state that "no employee or agent of a State, county, or municipal government agency shall . . . disclose to federal government authorities personally identifiable information for the purpose of the registration of individuals." The bill does not specify what exactly 'registration' means.

Personally Identifiable Information is specified as:
  • sex
  • sexual orientation
  • gender identity
  • marital status
  • race
  • color
  • religion
  • national origin
  • immigration status
  • age
  • disability
Information regarding private religious belief, practices or affiliation is also not to be provided.

Agreements the Governor and Law Enforcement Agencies Can Make With the Feds
The bill specifies that only the Governor can enter into an agreement with the Feds regarding 8 U.S.C. § 1357(g)  and 19 U.S.C. § 1401(i) which state that such an agreement would relate to Immigration and Custom officers and the "investigation, apprehension, or detention of aliens in the United States." If there's a declaration of a State or National emergency, State, county and municipal law enforcement agencies can enter into such agreements with the Feds.The bills do not change the current codes regarding what immigration and customs officers can do with or without a warrant.

Information not used to 'register' people
Because the bill has to do only with information used to register people, all other times information is requested will fall under federal code  8 U.S.C. §§ 1373. This code states that unless a Federal, State, or local law says otherwise, the information must be provided.



If your interpretation of this bill is different from mine, please let me know and I'll make changes. See my contact page or how to reach me.