Call to Action: No Más Polimigra BTV Rally and Speak Out

Monday, March 9, 2020 at 6:30 PM – 8:30 PM

City Hall, 149 Church Street, Burlington, VT 05401

Stand together to demand that we end the collaboration between our police department and deportation agents! Join us on the steps of Burlington City Hall to demand that the Burlington City Council prohibits collaboration between the Burlington Police Department and deportation agents like ICE and border patrol. Then, join us in giving public comment to speak directly to the Burlington City Council to urge that they pass a resolution to codify the separation of BPD and ICE/CBP!

No Más Polimigra is a campaign started by Migrant Justice. “Polimigra” is a combination of the Spanish words for police (policía) and immigration agents/agencies (migra). It is used to describe when police collaborate with immigration officials. The statewide Fair and Impartial Policing Policy is critical in limiting collaboration between local police and federal immigration officials, but the current policy contains several dangerous loopholes that allow for collaboration. In 2018, the city of Winooski passed this policy -- and it is time for Burlington to do the same.

On February 18th, we showed the City Council that the people support a new Fair and Impartial Policing Policy, even if the Kurt Wright says there are more "time sensitive" issues and "city business" to discuss. We told them we'll be back, and be back we will! We need to keep showing up, saying loud and clear that there is nothing more time sensitive than helping to make every single Burlington community member feel safe. We've been told we'll be on the agenda March 9th - we'll see you there for round 2!

Talking points for public comment:

The Burlington City Council heard many amazing accounts about the morality of passing the No Más Polimigra resolution at the February 18th meeting. However, they are concerned about the legality of closing the FIPP loopholes. Here is some information to know in order to explain in 2-minute testimonies why they should still vote to pass this resolution.

• Vermont’s Fair and Impartial Policing Policy is considered a floor, not a ceiling, meaning Vermont towns are allowed to make their own stronger FIPP policies to supercede the state one
• The loopholes in our state’s FIPP are due to its compliance with Section 1373
• Section 1373 is part of the U.S. federal code
• It states that local law may not restrict police from communicating with the Department of Homeland Security (DHS) regarding the immigration status of an individual
  • It does not *require* that police share immigration status information with DHS
  • It does not *require* that police comply with “detainers,” or holding people in jail for ICE/CBP
  • It allows for local law to prevent police from *asking* about immigration status
• Section 1373 itself was determined unconstitutional in several federal court rulings, e.g.
  • U.S. District Judge Harry D. Leinenweber in Illinois on 7/27/2018
  • U.S. District Judge William Orrick III in California on 10/5/2018
• Section 1373 was determined unconstitutional based on the 10th Amendment - it is considered an overreach of power to force local law to comply with a federal issue such as immigration
  • See the Supreme Court decision, Murphy vs. NCAA (2018), for more information
• Washington, California, Oregon, and New Jersey all have stronger sanctuary policies than Vermont, with stricter limitations on local law enforcement’s communication with DHS
• If a law is unjust, it should not be continued - Vermont needs to join the other U.S. states that are standing up for what is right regarding immoral immigration policies
• When the Fugitive Slave Act was in play (requiring escaped slaves to be returned to their owners even if they were in a free state) Vermont disobeyed - why should Vermont obey inhumane laws now?
• Even if the Trump admin. withholds funds from Burlington for not complying with Section 1373:
  • Burlington has not used its Byrne JAG funding since 2017 (former Police Chief Del Pozo chose to limit reliance on those funds in case Trump withheld it from Burlington for this very reason)
  • Such funding would only be $40,000 per year, 0.02% (two hundredths of one percent) of Burlington’s ~$200,000,000 (two hundred million dollar) annual budget
• As the Vermont ACLU has said in their official statement, we urge the City Council not to let unlawful threats from the federal government stand in the way of meaningful and significant protections for the immigrant community

When speaking, please stay on point and within two minutes - only talk about unconstitutionality of the loopholes, lack of funding issue, or morality of being a safer place for our immigrant neighbors.

Make sure to demand that the City Council vote to PASS this resolution WITHOUT amendment!!

Thank you for doing your part to stand up for immigrant rights!