The reason Vermont adopted its Fair and Impartial Policing Policy back in 2016 was to avoid personal bias among law enforcement officers when making traffic stops or other incidents where race, gender or nationality might precipitate prejudice.

Specifically, the policy requires Vermont law enforcement agencies to “conduct policing in a fair and impartial manner, to clarify the circumstances in which officers can consider personal characteristics or citizenship or immigration status when making law enforcement decisions and to reinforce processes and procedures that enable us to provide services and enforce laws in an equitable and impartial way.”

It’s smart policy to ensure equitable justice.

That’s why there’s such a fuss over Operation Stonegarden, a program run by U.S. Homeland Security that provides overtime and equipment to local and state police officers for northern border enforcement. Working in that program Chittenden County Sheriff Deputy Sgt. Scott Costella pulled over a Chevrolet Spark on a rural road in Berkshire on July 19 because it did not have a front license plate. Once stopped, Costella suspected a passenger in the car might be a migrant worker without proper papers and called the U.S. Border Patrol for assistance even though there was no threat to the officer.

The worker, Alex Jimenez, was subsequently handcuffed, retained and quickly deported to Mexico.

The public pushback is because Costella’s decision to summon Border Patrol directly violates Vermont’s Fair and Impartial Policing Policy.

“Costella provided no evidence as to why he feared physical injury from (Jimenez) and the driver, writing only that he was ‘unsure how they would react,’” reads a statement from Migrant Justice. “Costella does not write why, if he feared for his safety, he texted Border Patrol agents from his cellphone rather than first requesting available backup from state or local authorities, as the policy requires.”

Let’s return to Vermont’s adoption of its Fair and Impartial Policing Policy more than a decade ago. Vermont actually started that discussion in 2009 through the Vermont Criminal Justice Council in concert with the Vermont State Police. After years of discussion, that group established policy guidelines around those ideas. In 2014, the Legislature debated the guidelines and issued a legislative directive to establish a formal statewide policy, which was accomplished in 2016. Under Act 54, mandatory statewide adoption of the policy for all law enforcement agencies was designated and passed in 2017. Do a doubletake on what’s italicized — “mandatory… all law enforcement agencies.” So, this policy is state law that was fully vetted with judicial and law enforcement participation.

Locally, Middlebury’s former Police Chief Tom Hanley instituted the town’s formal “bias-free” policy regarding foreign nationals and migrant workers back in 2007, becoming the first police agency in Vermont to adopt such guidelines and perhaps served as the catalyst to the state policy. In stories written at the time in the Addison Independent, we noted Hanley had instituted the policy informally since shortly after 9/11/2001.

Such foresight.

We’re also pleased to report Addison County Sheriff Mike Elmore does not have his officers participating in Operation Stonegarden, nor should they or should other members of Vermont’s law enforcement community. If the U.S. Border Patrol or Homeland Security initiates such stops based on federal law, that’s their business, but they shouldn’t ensnare Vermont law enforcement officers to violate state laws they have pledged to uphold.

Angelo Lynn