In recent months, I have heard from concerned Vermonters appalled that immigration agents nationwide are wearing masks and failing to properly identify themselves while detaining individuals. These Vermonters have urged the legislature to follow California’s lead and pass a law barring state and federal law enforcement officers from wearing face coverings that shield their identities.

I anticipate that the legislature will consider such a bill in the upcoming Session, which starts in early January.

While we do not currently have a law barring the use of masks by law enforcement,  the Vermont legislature has in recent years passed laws to improve transparency and to ensure accountability of law enforcement officers. Law enforcement agencies have also implemented policies with those goals.

For example, the use of body cameras has increased among Vermont law enforcement agencies. In 2020, the Vermont State Police began deploying body cameras to all uniformed troopers, requiring them to activate the cameras during law enforcement activities like traffic stops and investigations. Local Vermont law enforcement agencies followed suit, and the legislature in turn enacted 20 V.S.A. § 2369. That statute requires each law enforcement agency authorizing its officers to use body cameras to adopt, follow, and enforce a model body camera policy established by the Vermont Criminal Justice Council.

In addition, Vermont’s Fair and Impartial Policing Policy requires state law enforcement officers to identify themselves. The policy provides that, during pedestrian and vehicle stops or other interactions with members of the public, officers must introduce themselves by providing their name and agency affiliation and also state the reason for the stop unless doing so would compromise officer or public safety or a criminal investigation. The policy states that it intends “to cultivate and foster transparency and trust with all communities.”

Note that these laws and policies apply only to state law enforcement officers. While the legislature can require state officers to unmask on the job, it is not as clear that a state ban could apply to federal agents operating in Vermont. As it is likely that the California law will be challenged in court, we may have guidance on the legality under federal law before we consider a mask-ban bill.

If the legislature does consider such a ban, we will need to balance the benefits of law enforcement transparency against the safety of law enforcement officers. Are there situations when it would be legitimate for a law enforcement officer to conceal their identity other than when a medical mask or breathing apparatus is required? I will need to be convinced.

This past session, the House Judiciary Committee and the General Assembly passed bills that respond to other concerns brought on by what is happening at the federal level and in other states. These bills are intended to ameliorate impacts on vulnerable Vermonters, including undocumented and immigrant members of our communities.

Immigrant parents may be deported and their children left behind in Vermont.Through the establishment of standby guardianships, Act 31 clarified a process that allows immigrant parents to identify trusted adults who can step in as temporary guardians if the parent is detained or deported. This proactive step can provide some measure of comfort to parents and their children because they will know in advance who would care for the kids in the event their parents are detained or removed from the country. This process helps ease traumatic separations or confusion in emergency situations. It also avoids the necessity for the Department of Children and Families to take legal custody of those children. 

Under Vermont law, the Governor has sole authority to enter into certain agreements with federal Immigrations and Customs Enforcement (ICE) if there is a declaration of a state or national emergency. Previously, there was an exception to that authority in the law, but Act 28 eliminated it and kept the Governor as the only one in Vermont who could enter into an ICE delegation-of-authority agreement. This will keep the State accountable to Vermonters regarding how our law enforcement interacts and cooperates with ICE.

Another legislative response was required to protect many Vermont parents, some LGBTQ, who had children through the use of assisted reproductive technology. They are already parents under Vermont law, but other states may not recognize this legal parenthood. A confirmatory adoption provision in Act 31 provided a clear and expedited process for these Vermonters to obtain a court order declaring parenthood that must be honored in other states. This provides a necessary level of protection for many Vermont families.

Finally, Act 8 expanded Vermont’s statute on hate-motivated crimes. It increased the scope of who can be considered a victim of a hate crime, more accurately capturing the conduct that the statute was intended to penalize. Hateful conduct is not acceptable and Act 8 helps ensure that such conduct can be named and prosecuted effectively.