(Hartford, CT) – Attorney General William Tong today released a statement of policy and guidance regarding immigration law and related legal matters, proceedings and enforcement actions to provide clarity and guidance as to the state’s legal position on these matters.

“I write this memorandum as Connecticut’s Chief Legal Officer and Chief civil law enforcement official. I also write this memorandum as a son and grandson of immigrants and refugees, born a citizen by right of my birth on American soil, like millions of other Americans and Connecticut residents. A year ago, it would have been hard to imagine U.S. Immigration and Customs Enforcement (ICE) occupying American cities like a masked paramilitary force, ripping parents from their children, killing protestors, and giving noncitizen immigrants and American citizens alike good reason to fear for their lives. Over the past fourteen months, the Office of the Attorney General has heard from countless Connecticut residents concerned about their safety and that of their neighbors in light of ICE activity in Connecticut and elsewhere. The following is a statement of the policy of the State of Connecticut and the Office of the Attorney General concerning immigration law and related legal matters, proceedings and enforcement actions,” Attorney General Tong states in the memorandum. 

In light of the federal government’s recent actions on immigration, the memorandum from Attorney General Tong to all state officials, public agencies and private organizations articulates and clarifies the State’s policy and legal position regarding immigration matters. This policy includes, but is not limited to, the following:

• It is the policy of the State of Connecticut to respect, honor and protect immigrants and immigrant families in compliance with state and federal law;
• the State of Connecticut, including the Office of the Attorney General and other law enforcement agencies, should build trust with immigrants and immigrant communities, and encourage immigrants to trust state officials, law enforcement, and first responders;
• in accordance with that policy, Office of the Attorney General is deeply committed to safeguarding our community, and respecting, honoring, and protecting Connecticut’s immigrants and immigrant families;
• all personnel in the Office of the Attorney General are hereby directed to take such actions necessary to implement this policy within our legal authority and in compliance with state and federal law;
• all legal directors and legal staff throughout state government are hereby directed to consult with the Office of the Attorney General on matters related to immigration law when necessary and appropriate; and
• through this memorandum, the Office of the Attorney General hereby provides guidance and information about immigration enforcement for state and local governments, and private businesses and organizations.

The memorandum provides general guidance on relevant applicable law. It is not an official opinion of the Attorney General and does not constitute legal advice. The guidance seeks to provide clarity based on the Office of the Attorney General’s analysis but is not a substitute for legal advice specific to a particular set of facts.

Areas of law addressed in the memorandum include:

• Rescinded federal policies that previously protected against immigration enforcement in sensitive places such as churches, schools and hospitals;
• Differences between civil immigration laws and criminal statutes;
• Fourth Amendment protections against unreasonable searches and seizures;
• Distinctions between public places, private places and private places partially open to the public for purposes of Fourth Amendment protections;
• Limited civil authority of ICE agents to arrest noncitizens;
• Limited authority of ICE agents to make criminal arrests;
• Documents granting officers levels of access to people and private spaces, including administrative warrants, administrative detainers, administrative subpoenas, judicial warrants, and judicial subpoenas;
• Guidance to public agencies and officials regarding information sharing with ICE;
• Guidance to organizations and entities providing services to immigrants; and
• Obligations under the Connecticut Trust Act, among other areas.

The memorandum further makes clear that Connecticut is not a “sanctuary state.” “Connecticut is in full compliance with federal law with respect to immigration matters and any claim or suggestion otherwise is false,” the memo states.

The memorandum concludes with a set of frequently asked questions regarding federal immigration enforcement and sample subpoenas, warrants, and enforcement documents.

Special Counsel for Civil Rights Janelle Medeiros assisted the Attorney General in this matter.

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