WHITE RIVER JUNCTION — Since voters in three Upper Valley communities approved “welcoming” measures related to immigration this month, officials are taking steps to implement them.
At a March 10 meeting, Hartford Selectboard members adopted the “Welcoming Hartford” ordinance in a 6-1 vote, with only Dennis Brown voting against the measure. Residents had signaled their approval on a 1,842-1,177 vote at the March 3 Town Meeting, but it was on an advisory basis.
The Selectboard’s approval means the ordinance goes into effect May 10. It bars Hartford police from sharing a person’s citizenship status with federal authorities and prohibits officers from pulling over or arresting people based on their suspected immigration status.
Town Manager Brannon Godfrey said at the meeting that the ordinance would not replace the police department’s current “Fair and Impartial Policing Policy,” but that it would “add another layer of policy.”
During the meeting, Brown raised questions about what the measure means for police officers. He echoed what opponents of the ordinance have long argued: that the language violates a federal law that stipulates local governments cannot prohibit police from sharing a person’s immigration status.
“I’m just having a problem with the suggestion that anyone in town break the law,” Brown said.
But Selectboard member Alan Johnson said police can follow the ordinance without breaking federal law, if they just make it a practice of not asking people for their citizenship status.
“As long as we’re not doing that, we have nothing to give (federal immigration authorities) should they ask,” Johnson said, adding that the ordinance doesn’t ask any town employees to violate the law.
“It’s not that hard to navigate, frankly,” he said.
Godfrey said that any town employees who are concerned about violating the law by following the ordinance should come to him directly so he can consult with the town’s attorney on the matter.
“To me, it’s not as simple as saying, ‘You just have to follow this law,’ because this law is in conflict with federal law,” he said at the meeting.
“There are still concerns that I am reviewing with legal counsel before the ordinance will become effective on May 10,” Godfrey said in an email Friday. He declined to comment further.
Hartford Police Chief Phil Kasten said in an email on Friday that he doesn’t “foresee any immediate changes” to the department’s day-to-day operations.
Lebanon voters recently passed a similar ordinance at their March 10 citywide vote. The ordinance largely mirrors Hartford’s but with an additional provision: If city employees learn that federal immigration authorities are in Lebanon, they are required to alert residents.
The ordinance will go into effect in January 2021, but council members plan to form a committee in May to determine whether any amendments should be made to the ordinance, City Manager Shaun Mulholland said in an email Thursday. He added that the committee will likely address any legal concerns the ordinance may raise for the city.
Lebanon Police Chief Richard Mello said the discussion has prompted his department to make updates to its existing fair and impartial policing policy.
The new policy addresses issues that the previous one did not, such as when to ask a person’s citizenship status and how to communicate with Immigration and Customs Enforcement. The updated policy, which went into effect March 12, will likely be updated again next year after the committee makes its final decision on amendments to the ordinance.
“We’re going to wait and see … what the final version will be,” Mello said Friday.
Norwich voters passed a similar policy change this month, but it was advisory and still needs to be approved by the Selectboard before it can go into effect, according to Selectboard Vice Chairman Roger Arnold. He said that could happen as soon as April 8.
Officials in Hanover planned a Selectboard meeting for earlier this week to discuss which version of a welcoming ordinance — if any — should go on the ballot at Town Meeting later this spring. The meeting was canceled due to COVID-19 and Town Manager Julia Griffin said the measure may be discussed at an upcoming virtual Selectboard meeting on April 6.
The Selectboard in Hanover can pass an ordinance on its own if a public hearing is held. Otherwise, supporters of an ordinance can petition to put it on the Town Warrant.