Board of Police Commissioners Special Meeting Agenda

Town of Waterford, Connecticut, Police Commission Special Meeting Agenda
Training Room at the Waterford Police Department
1/30/2025 5:00 pm
. Call to order and establish a quorum
Pledge of Allegiance
Public input
. Discussion of the Connecticut Trust Act and its impact on Connecticut Law Enforcement
. Adjournment

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To: Interested Parties
From: Janelle Medeiros, Special Counsel for Civil Rights
Date: January 15, 2025
Re: The Connecticut Trust Act (Conn. Gen. Stat. § 54-192h)
Many of Connecticut’s immigrant families are understandably concerned about how anticipated
changes in federal immigration policy might affect them. It is the policy of the State of Connecticut
to value, honor, and respect our immigrants and refugees: they are our neighbors, family
members, and friends. They are coworkers, bosses, parents, caretakers, and business owners. The
entire State of Connecticut benefits when our immigrant community feels safe. After all, fostering
trust between immigrant communities and law enforcement was a main reason why the
Connecticut legislature enacted the Trust Act.
This preliminary guidance memorandum, which is not intended to be exhaustive, attempts to
provide guidance to Connecticut’s immigrant community as to the Connecticut Trust Act and to
reaffirm the Connecticut Office of the Attorney General’s deep commitment to respecting,
honoring, and protecting Connecticut’s immigrants.
1. The _Trust_ Act maintains Connecticut’s sovereignty by _ preventing
deputization of local _and_state_law enforcement _for immigration
enforcement.
The United States of America is a republic with a limited federal government, reserving many
powers to the sovereign states. As one of those sovereign states, Connecticut retains the right to
decide how and when it will assist the federal government in carrying out federal functions,
including, but not limited to, immigration law.t
The Connecticut Trust Act codifies this fundamental principle of our federal system. It establishes
the State’s policy that local and state law enforcement resources should be focused on and
allocated to local and state issues, rather than deputizing them to serve and carry out immigration
enforcement for the federal government. When residents feel safe interacting with law
enforcement, they are more likely to make reports when they are witnesses to crimes in our
communities or are personally victimized by harassment, intimidation, violence, or otherwise
illegal conduct.
IQ
1A state’s right to refuse to enforce federal immigration policies stems from the Tenth Amendment’s “anti-
commandeering doctrine,” which bars the federal government from requiring states and municipalities to
adopt or enforce federal policies. See New York v. United States, 505 U.S. 144 (1992); Printz v. United
States, 521 U.S. 898 (1997); Murphy v. National Collegiate Athletic Association, 138 S.Ct. 1461 (2018).
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

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A. What does the Connecticut Trust Act do?
The Connecticut Trust Act was enacted in 2013, during the Obama Administration, to establish
clear guidance about when state and local law enforcement would respond to requests from
federal Immigration and Customs Enforcement (“ICE”) for information or assistance with an
ICE detainer.? ICE detainer requests are just that: requests. They do not carry the weight of a
warrant, and they impose no legal obligation for local law enforcement to detain, arrest, or jail
someone.
Violations of federal immigration law may be criminal or civil in nature. Removal proceedings
are civil, although some conduct that makes a person removable may also warrant
criminal prosecution under federal law. See Padilla v. Kentucky, 559 U.S. 356, 365 (2010); INS
v. Lopez-Mendoza, 468 U.S. 1032, 1038-39 (1984). Detailed explanations about the
differences between detainers and warrants, or administrative and judicial warrants, or
criminal and civil violations, should be directed to a qualified immigration attorney.
In 2019, the Trust Act was expanded to close loopholes and further limit the expenditure of state
resources on federal immigration enforcement. It also encourages effective and appropriate
communication between law enforcement and immigration authorities. Today, the Trust Act
provides the following, in pertinent part:3
e Prohibits law enforcement,4 bail commissioner or intake, assessment or referral
specialists, or employees of a school police or security department, from unnecessarily
sharing certain information with ICE unless required to do so by law;5
2 ICE uses civil immigration detainers to enlist state and local law enforcement to detain individuals before
ICE transfers them into the federal deportation system. Detainers are written requests from ICE that can
request state or local law enforcement: (1) notify ICE before they release an individual from custody; or (2)
detain an individual for an additional 48 business hours after his or her release from custody. See,
generally, https://www.ice.gov/immigration-detainers. When state and local officials arrest based upon an
administrative warrant or enforce detainer hold requests, they arrest or hold people solely based on these
civil immigration documents.
3 The General Statutes should be consulted directly for legal guidance on their scope.
4 “Law Enforcement” as used in Conn. Gen. Stat. § 54-192h means Department of Correction officials,
municipal and state police, judicial marshals, and probation officers. C.G.S. § 54-192h(a)(9). Also covered
by certain sections are bail commissioner or intake, assessment or referral specialists, and school police and
security officers. The latter includes police and security departments of any public school, local or regional
school district, and the University of Connecticut and all campuses thereof, and Connecticut State Colleges
and Universities. C.G.S. § 54-192h(a)(11); C.G.S. § 10a-1.
5 Conn. Gen. Stat. § 54-192h(b)(1)(B), (©), (d).
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

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e Clarifies that local and state law enforcement are not required by law to arrest,
transport, or detain people for ICE;¢°
e Prevents local and state agencies with detention facilities — like jails, courthouses, and
prisons — from allowing ICE to roam their facilities;7
e Prevents law enforcement, bail commissioner or intake, assessment or referral
specialists, or employees of a school police or security department from performing
the functions of a federal immigration authority, regardless of whether pursuant to any
agreement, contract, or policy, whether formal or informal’;
e Prohibits law enforcement from arresting or detaining an individual based solely on
an administrative warrant or a civil immigration detainer, unless it is accompanied by
a valid judicial warrant, the individual has been convicted of an A or B felony,? or
the individual is on a terrorist watch list. A civil immigration detainer is an
administrative request, not a criminal or judicial warrant, even if signed by
an immigration judge;1°
e Limits communication between Connecticut law enforcement and ICE to the
disclosure of non-confidential information of any person that interacts with law
enforcement to ICE without consent (except if required by law, such as to assist with a
terrorism investigation);!2
6 Conn. Gen. Stat. § 54-192h(b)(1)(A), (©).
7 Conn. Gen. Stat. § 54-192h(b)(1)(D).
8 This includes agreements pursuant to Section 287 (g) of the Immigration and Nationality Act (“INA”).
Conn. Gen. Stat. § 54-192h(b)(4)(E).
9 Class A and B felonies are the most serious and dangerous crimes. These types of felonies include
murder, manslaughter, assault, kidnapping, and crimes against pregnant people, children, elderly adults
and people with disabilities.
10 Conn. Gen. Stat. § 54-192h(b)(1)(A), (C).
u “Confidential Information” as used in Conn. Gen. Stat. § 54-129h means: any information obtained and
maintained by a law enforcement agency relating to (A) an individual's (i) sexual orientation, or (ii) status
as a victim of domestic violence or sexual assault, (B) whether such individual is a (i) crime witness, or (ii)
recipient of public assistance, or (C) an individual's income tax or other financial records.
12 Conn. Gen. Stat. § 54-192h(d).
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

e Restricts federal authorities’ access to interview an individual in custody unless they
have a valid judicial order (except if person has been convicted of an A or B felony, or
is on a terrorist watch list);
e Requires local governments to report to the Office of Policy and Management, on a
biannual basis, when they grant ICE access to an individual to track such conduct and
provide accountability for law enforcement;4
e Requires law enforcement to inform individuals that ICE has requested their detention
and provide them a copy of the detainer, if they receive a civil immigration detainer.5
Many of Connecticut’s towns, cities, and municipalities have similar ordinances and provisions
expanding on the protections of the Trust Act.‘ It is important that residents have access to
accurate information about their rights and prerogatives. Attached to this memorandum are
helpful resources aimed at providing clear, straightforward guidance for anyone who may be
concerned about immigrant rights in Connecticut. The Office of the Attorney General is
committed to disseminating this information wherever possible, in partnership with government,
advocates, and service providers.
B. What the Trust Act does NOT do:
Residents should be careful about misinformation and false narratives concerning the breadth of
the Trust Act and similar statutes, ordinances, or provisions. The Connecticut Trust Act does not,
and cannot, protect residents from all actions directed at them by the federal government. The
Trust Act:
e Does not protect individuals who have been convicted of A and B felonies—
Connecticut’s most serious criminal offenses. The Trust Act does not restrict law
enforcement from arresting or detaining such individuals based on a civil immigration
detainer, regardless of whether it is accompanied by a judicial warrant.17
¢ Does not entirely prohibit law enforcement from complying with an ICE detainer by
communicating with ICE about individuals who are in custody. If a person is otherwise
in custody, law enforcement may communicate with ICE about their release so long as
13 Conn. Gen. Stat. § 54-192h(b)(1)(D).
14 Conn. Gen. Stat. § 54-192h(e)(3).
15 Conn. Gen. Stat. § 54-192h(e)(1).
16 See generally, https://www.ilrc.org/resources/national-map-local-entanglement-ice.
17 Conn. Gen. Stat. § §4-192h(b)(1)(A), (C).
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

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they show a detainer to the person prior to communicating with federal immigration
authorities... The Trust Act strikes a balance between limiting communication with
ICE officials and protecting essential trust between law enforcement and our
communities.
e Does not restrict federal immigration authorities from enforcing federal immigration
law within Connecticut.
While the Trust Act provides essential protections, federal immigration authorities always retain
their authority to enforce federal immigration law in Connecticut. Immigration enforcement is a
federal prerogative. Though Connecticut is a sovereign state, Connecticut does not and cannot
restrict the activities of federal immigration officials.
Community partners and competent, trained immigration attorneys can assist Connecticut
residents in understanding their rights and assess individual circumstances.*9 At the conclusion
of this document, a list of various helpful resources, including legal resources and community
partner information, is provided.
18 Conn. Gen. Stat. § 54-192h(c), (e).
19 To practice immigration law, an attorney can be licensed in any state but must have a valid license and be
‘fn good standing.” Attorneys can give legal advice, help file immigration petitions and requests, and
represent individuals in court proceedings before an immigration judge.
A directory of national immigration legal services providers by state is available here:
https://www.immigrationadvocates.org/nonprofit/legaldirectory/
It is, however, important to protect yourself from fraud. Be wary of scams or attorneys who
may not be able to practice law.
You can verify an attorney's credentials with the Connecticut Bar at:
https://www.jud.ct.gov/attorneyfirminquiry/attorneyfirminquiry.aspx.
The Department of Justice also keeps a list of attorneys who are not to practice:
https: //www.justice.gov/eoir/list-of-currently-disciplined-practitioners, and a list of accredited
organizations by state and city:
https://www.justice.gov/eoir/page/file/942306/dl#CONNECTICUT
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

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APPENDIX:
HELPFUL RESOURCES
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

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HELPFUL RESOURCES:
State of Connecticut Family Preparedness Plan:
A comprehensive guide to preparing your family for immigration enforcement:
https://portal.ct.gov/governor/immigration-resources-family-preparedness-
plan?language=en US
Know Your Rights Materials:
Informed Immigrant: https://www.informedimmigrant.com/resources/detention-
deportation/know-your-rights/
IRIS, Integrated Refugee & Immigrant Services: https://irisct.org/know-your-rights/
Immigration Legal Resource Center: https://www.ilrc.org/resources/step-step-family-
preparedness-plan#item-4325
National Immigration Law Center: https://www.nilc.org/resources/know-your-rights-what-to-
do-if-arrested-detained-immigration/
National Immigration Project of the National Lawyers Guild:
https://nipnlg.org/sites/default/files/2024-12/2024 Trump-what-to-expect.pdf
Legal Services Resources:
United Coalition for Immigrant Services: https://www.united-coalition.org/
Immigration Advocates Network Legal Services Directory:
https://www.immigrationadvocates.org/nonprofit/legaldirectory/
DOJ list of accredited immigration attorneys by State/City:
https://www.justice.gov/eoir/page/file/942306/dl1#CONNECTICUT
IRIS, Integrated Refugee & Immigrant Services: https://irisct.org/our-services/
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

CIRI, Connecticut Institute for Refugees and Immigrants: https://cirict.org/immigration-legal-
services/
Connecticut Legal Services Immigration: www.ctlegal.org/contact
Greater Hartford Legal Aid: 860-541-5000
New Haven Legal Assistance: 203-946-4811
American Immigration Lawyers Association: 203-946-4811 www.aila.org
Community Partners with Resources for Immigrants:
Building One Community: https://bic.org/
Integrated Refugee & Immigrant Services: https://irisct.org/
The Neighbor Fund: https://www.theneighborfund.org/
CT Students for a Dream: https://www.ct4adream.org/
Connecticut Institute for Refugees and Immigrants: https://cirict.org/
Connecticut Immigrant & Refugee Coalition: https://www.coalitionct.org/
Catholic Charities: https://www.ccaoh.org/
This memo offers non exhaustive guidance as to the Trust Act. It is neither legal advice nor a formal
Attorney General opinion. Anyone with concerns about their immigration status in Connecticut should
consult with qualified legal counsel.

———— DEPARTMENT OF EMERGENCY SERVICES & PUBLIC PROTECTION ee
POLICE OFFICER STANDARDS & TRAINING
GENERAL NOTICE 25 — 02
To: Chief Law Enforcement Officers
From: Thomas Wydra Themat i,
Executive Director, POST — Corfiecticut Police Academy
Date: January 22, 2025
Subject: An update to General Notice 19-05; concerning Public Act Nos. 19-20 and 19-23,
collectively known as the Trust Act*
Important note: This General Notice serves as an update to and supersedes General Notice 19-
05. This General Notice should not be construed as legal advice or formal training. Law
enforcement officers should consult with their own legal counsel for advice on how to comply
with the requirements of the Trust Act and how the Trust Act may or may not apply to the
specifics of any given case.
The Trust Act establishes guidance about when state and local law enforcement officers and
others may respond to requests from federal immigration authorities for information or
assistance with immigration detainers.? Although the provisions set forth in the Trust Act apply
to law enforcement officers, bail commissioners or judicial intake, assessment or referral
specialists, or employees of a school police or security department, this General Notice focuses
on municipal and state police.
The Trust Act provides as follows:
1. Lawenforcement officers are prohibited from arresting or detaining an individual pursuant to an
immigration detainer unless:
a. the detainer is accompanied by a warrant issued or signed by a judicial officer,
b. the individual has been convicted of a class A or B felony, or
1 The Trust Act is codified in General Statutes § 54-192h.
2 Under the Trust Act, “‘Federal immigration authority’ means any officer, employee or other person otherwise paid
by or acting as an agent of ICE or any division thereof or any officer, employee or other person otherwise paid by or
acting as an agent of the United States Department of Homeland Security or any successor agency thereto who is
charged with enforcement of the civil provisions of the Immigration and Nationality Act.” General Statutes § 54-
192h(a)(4).

DEPARTMENT OF EMERGENCY SERVICES & PUBLIC PROTECTION
POLICE OFFICER STANDARDS & TRAINING
c. the individual is identified as a possible match in the federal Terrorist Screening Database
or similar database.
Law enforcement officers are prohibited from giving a federal immigration authority access to
interview an individual in custody unless:
a. the individual has been convicted of a class A or B felony,
b. the individual is identified as a possible match in the federal Terrorist Screening Database
or similar database, or
c. the individual is the subject of a federal court order, pursuant to 8 U.S.C. § 1255(d)(4)(B),
arising from a failure to comply with an immigration officer's subpoena or refusal to
testify before an immigration officer.
Law enforcement officers are prohibited from arresting or detaining an individual based on an
administrative warrant, which are not signed by judicial officers.?
Law enforcement officers are prohibited from performing any function of a federal immigration
authority.
Upon receiving a civil immigration detainer, a law enforcement agency must provide a copy of
the detainer to the affected individual who is the subject of the detainer and inform the
individual whether the law enforcement agency intends to comply with the detainer. If a law
enforcement agency provides a federal immigration authority with information on an individual's
release, the law enforcement agency shall provide the individual and the individual's attorney a
copy of that notification as well as the reason in writing that the agency is complying with the
detainer. If the law enforcement agency cannot reach the individual or individual's attorney, then
the law enforcement agency must make a good faith attempt to contact the detained individual's
designee to provide said copy and written reason.
Law enforcement officers are prohibited from using time or resources to communicate with a
federal immigration authority regarding the custody status or release of an individual targeted by
a civil immigration detainer, except where the law enforcement agency provides a copy of said
detainer to the individual, informs the individual of its intent to comply with the detainer, gives
the reason in writing for complying with the detainer, and provides a copy to the individual (or
the individual’s attorney or designee) of the notification made to the federal immigration
authority concerning the individual’s release date.
3 Under the Trust Act “‘Administrative warrant’ means a warrant, notice to appear, removal order or warrant of
deportation issued by an agent of a federal agency charged with the enforcement of immigration laws or the
security of the borders, including ICE and the United States Customs and Border Protection, but does not include a
warrant issued or signed by a judicial officer.”

SS DEPARTMENT OF EMERGENCY SERVICES & PUBLIC PROTECTION SSS
POLICE OFFICER STANDARDS & TRAINING
7. Before responding to a request for notification of an individual's release from the agency's
custody of an individual suspected of violating a federal immigration law or who has been issued
a final order of removal, a law enforcement officer must first forward any such request to the
head of the law enforcement agency.
8. The legislative body of municipalities are required to report specified information every six
months (beginning on January 1, 2020) to the Office of Policy and Management (OPM), if their
law enforcement agency provided ICE access’ to an individual, including:
a. data on the number and demographic characteristics of individuals to whom the agency
provided ICE access,
the date ICE access was provided, and
c. whether the ICE access was provided as part of compliance with a civil immigration
detainer or through other means.
The Trust Act has not changed processes for entering information into the Automated
Fingerprints Identification system (AFIS) of an arrested individual or the accessing of information
from the National Crime Information Center (NCIC) concerning an arrested individual.
The Trust Act makes clear that, while records relating to ICE access maintained by law
enforcement agencies shall be deemed public records under the Freedom of Information Act
(FOIA), the Trust Act must not be construed to require disclosure of any record that is exempt
under FOIA.
The Trust Act specifies that confidential information‘ of an individual may be disclosed to a federal
immigration authority if appropriate consent for disclosure is obtained, if disclosure is deemed
necessary in furtherance of criminal investigation of terrorism, or if otherwise required by law.
On January 15, 2025, the Connecticut Office of the Attorney General issued a preliminary
guidance memorandum on the Trust Act, which can be accessed here: Trust Act Guidance Memo.
4 “ICE access” is specifically defined under the Trust Act. The definition will not be recited here due to its length.
5 Under the Trust Act, confidential information “means any information obtained and maintained by a law
enforcement agency relating to (A) an individual's (i) sexual orientation, or (ii) status as a victim of domestic
violence or sexual assault, (B) whether such individual is a (i) crime witness, or (ii) recipient of public assistance, or
(C) an individual's income tax or other financial records, including, but not limited to, Social Security numbers.”

OFFICE OF
LEGISLATIVE
RESEARCH
Objective Research for Connecticut's Legislature R eseare h R e po rt
State Laws Affecting Undocumented Immigrants
By: Marybeth Sullivan, Senior Legislative Attorney
January 31, 2024 | 2024-R-0040
Issue
Over the last 12 years, has the Connecticut legislature passed any laws that extend benefits,
privileges, or protections to undocumented immigrants? To what extent is the state required to
cooperate with federal immigration laws? (This report updates OLR Report 2022-R-0195.)
Summary
Since 2012, the Connecticut General Assembly has passed various pieces of legislation that,
among other things, provide benefits to undocumented immigrants. Specifically, legislation passed
in areas related to civil immigration law, criminal defense and crime victims, public medical
assistance, motor vehicle operation, postsecondary education, public health awareness, and
student and family records.
With some narrow exceptions, Title IV of the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) (P.L. 104-193) prohibits undocumented immigrants from
receiving state and locally funded benefits that are partially funded by the federal government.
However, each state retains the authority to make undocumented immigrants eligible for any
benefits paid exclusively with state or local funds.
A state’s cooperation with federal immigration law is guided by the “anti-commandeering doctrine,”
which is based on U.S. Supreme Court rulings dating back to 1992 involving the Tenth Amendment
to the U.S. Constitution. Under this doctrine, the federal government cannot require states and
municipalities to adopt or enforce federal policies. The doctrine has implications for states’
enforcement of the federal Immigration and Nationality Act (INA), which establishes the rules of
legal immigration, naturalization, deportation, and related enforcement.
www.cga.ct.gov/olr Connecticut General Assembly (860) 240-8400
OLRequest@cga.ct.gov Office of Legislative Research Room 5300
Stephanie A. D’Ambrose, Director Legislative Office Building

Connecticut Legislation Benefiting Undocumented
Immigrants
Civil Immigration Laws
Civil Immigration Detainers. A civil immigration detainer is a request from a federal
immigration authority to a local or state law enforcement agency for the agency to take certain
actions, such as facilitating the arrest of an individual suspected of violating a federal immigration
law.
In 2013, the legislature established procedures that state and local law enforcement officers must
follow when they receive a civil immigration detainer for a person in their custody. Specifically, the
law (1) prohibits detaining the person unless the officer determines that specified public safety risk
factors exist (e.g., the person has a felony conviction or an outstanding arrest warrant) and (2)
requires law enforcement officers, upon determining whether to detain or release the person, to
immediately notify U.S. Immigration and Customs Enforcement (ICE). If the person is to be detained,
the officer must inform ICE that he or she will be held for up to 48 hours (excluding Saturdays,
Sundays, and federal holidays). If ICE fails to take custody of the person within 48 hours, then the
officer must release the individual. The act prohibits holding a person for longer than 48 hours
solely on the basis of a civil immigration detainer under any circumstances (PA 13-155),
In 2019, the legislature made several changes to this law, including the following:
1. expanding the definition of a civil immigration detainer and generally prohibiting law
enforcement officers (including local law enforcement officers), school police or security
department employees, and certain other individuals from arresting or detaining someone
pursuant to such a detainer unless it is accompanied by a judicial warrant;
2. establishing new procedures for responding to these types of detainers (e.g., a local law
enforcement officer must give a copy of the detainer to the affected individual); and
3. limiting the disclosure of certain confidential information to a federal immigration authority.
The new law also requires (1) municipalities to report specified information every six months to the
Office of Policy Management (OPM) if their law enforcement agency provided ICE access (e.g.,
authorized a federal immigration authority to interview an individual in their custody) and (2) OPM
to ensure that law enforcement agencies and school police or security departments receive
appropriate training (PA 19-20, as amended by PA 19-23, codified at CGS § 54-192h).
Special Juvenile Immigration Status. The legislature passed a law in 2044 that established
a framework allowing a party in certain probate court cases to petition the court to make specified
findings that a person may use to apply for federal Special Juvenile Immigration Status (SJIS). SJIS
2024-R-0040 January 31, 2024 Page 2 of 7

allows abused, neglected, or abandoned immigrant children to stay in the United States legally (PA
14-104, codified at CGS §§ 45a-608n & -6080).
Additionally, in 2018, the legislature passed a law allowing the probate court to issue such findings
for certain SJIS applicants under age 21, instead of under age 18 as under prior law. This change
enabled 18-, 19-, and 20-year-olds who are eligible to apply for SJIS under federal law to petition
the probate court in certain circumstances for the findings they need to make that application (i.e.,
that they are dependent on the court) (PA 18-92, codified at CGS §§ 45a-608n, -616 & -647).
Criminal Defense and Crime Victims
Misdemeanor Sentencing. Under federal law, non-citizens who commit certain types of crimes
are subject to removal from the United States or changes to their immigration status. In some
situations, immigration consequences are triggered if the crime is punishable by at least one year
in prison.
In 2024, as part of the “Clean Slate Act,” the legislature reduced the maximum sentence for
misdemeanors from one year to 364 days, thereby removing the deportation trigger for convictions
for a class A misdemeanor or certain unclassified misdemeanors (PA 21-32, § 35, codified at CGS
§ 53a-36a).
Petition for Return of Records for Immigration Matters. \n another part of the 2021
“Clean Slate Act,” the legislature passed a provision that allows an attorney to petition the Superior
Court for the return of his or her client’s erased records if (1) the client is the subject of an
immigration matter and (2) federal law may require disclosure of criminal history information. This
applies to Connecticut convictions erased under existing law or the act’s new procedures (PA 24-
32, § 3, codified at CGS § 54-142a).
Public Medical Assistance
Assistance for Unborn Children. Generally, certain immigrants, including undocumented
immigrants, are not eligible for Medicaid or the Children’s Health Insurance Program (CHIP, known
as “HUSKY B” in Connecticut). However, under federal law, states may use the “unborn child
option” to extend CHIP coverage by considering an unborn child as a low-income child who is
eligible for prenatal care. In states that use this option, the unborn child receives CHIP coverage for
prenatal care regardless of the mother’s immigration status. In 2021 the legislature passed a law
requiring the Department of Social Services (DSS) to provide CHIP coverage through this option
beginning April 1, 2022 (PA 21-176, § 4, codified at CGS § 17b-292b), A subsequent act lowered
the income limit for this coverage from 318% of the federal poverty level (FPL) to 258% of FPL,
generally aligning it with the income limit for pregnant women under the state’s Medicaid plan (PA
21-2, June Special Session, § 344, codified at CGS § 17b-292b),
2024-R-0040 January 31, 2024 Page 3 of 7

Assistance for Children. tn 2021, the legislature established a requirement for DSS to provide
state-funded medical assistance, within available appropriations, to certain children regardless of
their immigration status. Laws enacted in 2022 and 2023 have expanded this requirement.
PA 21-176 requires the DSS commissioner to provide state-funded medical assistance, within
available appropriations, by January 1, 2023, to certain children ages 8 and under, regardless of
their immigration status. This applies to children who (4) are not eligible for Medicaid, CHIP, or
affordable employer-sponsored insurance and (2) have household incomes up to 201% of FPL
without an asset limit (aligning with HUSKY A limits under Medicaid) or over 201% and up to 323%
of FPL (generally aligning with HUSKY B limits under CHIP).
PA 22-118, §§ 232 & 233, expanded eligibility for the program required under PA 21-176 to cover
children ages 12 years old, rather than ages 8 and under, and allows eligible children to receive the
assistance until they are 19 years old.
PA 23-204, §§ 283 to 285 (codified at CGS §§ 17b-264(/) & -292(a)), further expanded this
program by again raising the age of children eligible for coverage from 12 to 15 years old,
beginning July 1, 2024. The act also requires the DSS commissioner to study the costs and benefits
of extending coverage to anyone 25 and younger who would qualify for Medicaid if not for their
immigration status and lacks other coverage. The commissioner must report her findings and an
implementation plan to the Appropriations and Human Services committees by January 1, 2025.
Postpartum Care. Beginning April 1, 2023, DSS must provide state-funded medical assistance,
within available appropriations, for postpartum care for 12 months after birth to women who (1) do
not qualify for Medicaid due to immigration status and (2) have household incomes up to 263% of
the federal poverty level (PA 21-176, § 2, codified at CGS § 17b-257e),.
Motor Vehicle Operation
Drive-Only Licenses. The Department of Motor Vehicles (DMV) commissioner must issue
driver's licenses “for driving purposes only” to individuals who cannot provide DMV with proof of
legal U.S. residence or a social security number. The license only allows the holder to drive; it
cannot be used for federal identification purposes (e.g., boarding a plane) or as proof of identity to
vote. The act specifies the types of proof needed to obtain this license and the restrictions on its
use. It prohibits the commissioner from issuing such a license to a person convicted of a felony in
Connecticut (PA 13-89, codified at CGS §§ 14-36m & -36(e)).
2024-R-0040 January 31, 2024 Page 4 of 7

Postsecondary Education
In-State Tuition Eligibility. \n 2011, the legislature made undocumented immigrants eligible
for in-state tuition rates if they meet the following criteria: (4) reside in Connecticut; (2) attended
any educational institution in the state and completed at least four years of high school here; (3)
graduated from a high school or the equivalent in Connecticut; (4) registered as an entering
student, or is currently a student, at UConn, a Connecticut State University, a community-technical
college, or Charter Oak State College; and (5) filed an affidavit with the college stating that they
have applied to legalize their immigration status or will do so as soon as they are eligible to apply
(PA 14-43). In 2045, the legislature reduced the Connecticut high school enrollment requirement
from four to two years (PA 15-82, codified at CGS § 10a-29).
Institutional Aid Eligibility. In 2018, the legislature extended eligibility for institutional
financial aid to attend a state public institution of higher education (i.e., UConn and the Connecticut
State Colleges and Universities) to certain students who lack legal immigration status to the extent
allowed by federal law. Institutional financial aid consists of funds a higher education institution
sets aside from anticipated tuition revenue to fund tuition waivers and remissions, grants for
educational expenses, and student employment. The institution must provide this aid to full- or
part-time students enrolled in a degree-granting program or a precollege remedial program and
demonstrating substantial financial need.
Specifically, undocumented students are eligible for institutional aid if they meet the following
criteria: (1) the requirements for in-state student classification described above; (2) are age 30 or
younger as of June 15, 2012; (3) were age 16 or younger upon arrival in the United States and
have continuously lived in the country since that time; (4) have no felony convictions in any state;
and (5) filed an affidavit about their intent to legalize their immigration status with the institution
they are attending (PA 18-2, codified at CGS § 10a-161d).
Public Health Awareness
Medical Orders for Life-Sustaining Treatment. The Department of Public Health (DPH)
oversees a “medical orders for life-sustaining treatment” (MOLST) pilot program. In 2047, the
legislature passed a law addressing various matters related to the program. Among various other
things, it requires regulations to ensure that each physician, advanced practice registered nurse, or
physician assistant who intends to write a MOLST receives training on certain matters, including
awareness of factors that may affect the use of a MOLST, such as immigrant status, race, ethnicity,
age, and gender, among other things (PA 17-70, codified at CGS §§ 19a-580h & -580i).
Office of Health Equity. In 2014, the legislature passed a law renaming the Office of
Multicultural Health within DPH as the Office of Health Equity. The law specified that the office's
2024-R-0040 January 31, 2024 Page 5 of 7

work must focus on population groups with adverse health status or outcomes, and that these
groups may be based on immigrant status, as well as race, ethnicity, age, gender, socioeconomic
position, sexual minority status, language, disability, homelessness, mental illness, or geographic
area of residence (PA 14-2314, § 5, codified at CGS § 19a-4j).
Student and Family Records
In 20214, the legislature passed a law that generally prohibits certain education authorities from
disclosing to any federal immigration authority any confidential information about an individual,
including information about his or her admission or financial application or immigration status.
These education authorities are officers, employees, or agents of a local or regional board of
education or Connecticut higher education institution.
Under the act, this information may be disclosed only if it is (1) authorized in writing by the
individual or by his or her parent or guardian if the individual is a minor or not legally competent to
consent to the disclosure, (2) necessary for a criminal terrorism investigation, or (3) otherwise
required by state or federal law or to comply with a judicial warrant or court order issued by a state
or federal judge or magistrate (PA 21-2, June Special Session, § 263, codified at CGS § 10a-111i),
Intersection of State and Federal Law
PRWORA
PRWORA, in part, prohibits undocumented immigrants from receiving most state and local public
benefits that are partially funded by the federal government (8 U.S.C. § 1621). However, there are
exceptions to this prohibition.
For example, other laws, regulations, and guidance governing individual federal public benefit
programs prohibit the uniform application to PRWORA across all programs. Furthermore, PRWORA
includes specified exceptions to its general ineligibility rule, which allow unauthorized noncitizens to
receive some specific types of federal benefits, such as immunizations, treatment for emergency
medical conditions under Medicaid, and housing or financial assistance (8 U.S.C. § 1644 (b)).
PRWORA also gives each state the authority to make undocumented immigrants eligible for any
benefits paid with state or local funds (8 U.S.C. § 1624(d)).
Anti-Commandeering Doctrine
Relevant Case Law. The U.S. Supreme Court bases the anti-commandeering doctrine on the
Tenth Amendment of the U.S. Constitution and Congress’s enumerated Constitutional powers. It
views the doctrine as a constraint on federal law’s power over the states, issuing at least three
2024-R-0040 January 31, 2024 Page 6 of 7

different rulings since 1992 establishing and expanding upon the doctrine. This doctrine has
implications for states’ enforcement of federal immigration law.
The Court’s body of case law on this doctrine has produced the following principles, among others:
4. the federal government cannot commandeer a state into enacting a certain law (New York v.
United States, 505 U.S. 144 (1992));
2. Congress cannot compel the states to enforce federal law and to do so in a particular way
(Printz v. United States, 524 U.S. 898 (1997)); and
3. just as Congress cannot issue direct orders to state legislatures, it cannot prohibit them
from acting, as both constitute coercion (Murphy v. National Collegiate Athletic Association,
138 S.Ct, 14641 (2018)).
Applicability to Federal Immigration Law. The federal Immigration and Nationality Act (INA,
8 U.S.C. § 1101 et seq.) establishes the rules for legal immigration, naturalization, deportation, and
enforcement. Since INA is federal law, the anti-commandeering doctrine, particularly the Printz
ruling, applies to states’ enforcement of it. Several INA provisions expressly allow states to assist
federal authorities in their enforcement, but under Printz and the Tenth Amendment, states are not
required to do so.
For an in-depth discussion of state and local efforts to limit immigration enforcement activity (e.g.,
limiting arrests for federal immigration violations, police inquiries into immigration status, or
information sharing with federal immigration authorities), please see the Congressional Research
Service’s 2019 report, linked below.
Additional Resources
The following Congressional Research Service publications provide additional information on this
topic:
e “Unauthorized Immigrants’ Eligibility for Federal and State Benefits: Overview and
Resources.” November 29, 2022.
e “Immigration Enforcement & the Anti-Commandeering Doctrine: Recent Litigation on State
Information-Sharing Restrictions.” March 10, 2020,
e “'Sanctuary’ Jurisdictions: Federal, State, and Local Policies and Related Litigation.” May 3,
2019.
MS:kI
2024-R-0040 January 31, 2024 Page 7 of 7

STATE OF CONNECTICUT
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION
Police Officer Standards and Training Council
Connecticut Police Academy
GENERAL NOTICE 19 — 05
To: Chief Law Enforcement Officers
Training Officers
Protective Services
Resident Troopers
From: Karen Boisvert
Academy Adminittyator
Date: December 24, 2019
Subject: AN ACT CONCERNING THE TRUST ACT. (Public Act No. 19-20, 19-23)
Effective October 1, 2019
NOTE: This General Notice should not be construed as legal advice about the Trust
Act. It is merely a summary of the Act. Law Enforcement Officers with specific legal
questions about the Act should refer such questions to their own municipal counsel.
Public Acts 19-20 and 19-23, also known as the “Trust Act,” created new guidelines for
how Connecticut Law Enforcement works and cooperates with U.S. Immigration and Customs
Enforcement (ICE).
Public Acts 19-20 and 19-23 (in pertinent part)!:
1. Apply generally to law enforcement officers, bail commissioners or judicial intake,
assessment or referral specialists, or employees of a school police or security department;
2. Prohibit law enforcement officers from arresting or detaining an individual pursuant to
an immigration detainer unless:
(i) the detainer is accompanied by a warrant issued or signed by a judicial officer,
(ii) the individual has been convicted of a class A or B felony, or
(iii) the individual is identified as a possible match in the federal Terrorist Screening
Database or similar database;
* The public acts are more expansive than what is captured in this summary and should be consulted directly,
; CALEA Internationally Accredited Public Safety Training Academy
285 Preston Avenue « Meriden, Connecticut 06450-4891
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3. Prohibit law enforcement officers from giving federal immigration authority aecess to
interview an individual in custody unless:
(6) the individual has been convicted of a class A or B felony;
(ii) __ the individual is identified as a possible match in the federal Terrorist Screening
Database or similar database; or
(iii) _ is the subject of a US District Court order to comply with an immigration officer’s
subpoena.
4. Upon receiving a civil immigration detainer, a law enforcement agency must provide a
copy of the detainer to the affected individual who is the subject of the detainer and
inform the individual whether the law enforcement agency intends to comply with the
detainer. The acts specify that if a law enforcement agency provides a federal
immigration authority with information on an individual’s release, the law enforcement
agency shall provide the individual and individual's attorney a copy of that notification. If
the Jaw enforcement agency cannot reach the individual or individual's attorney, then the
law enforcement agency must make a good faith attempt to contact the detained
individual's designee, The law enforcement agency must send the copy along with the
reason in writing that the agency is complying with the detainer.
5. Specify that before responding to a request for notification of an individual’s release
from the agency’s custody of an individual suspected of violating a federal immigration
law or who has been issued a final order of removal, a law enforcement officer must first
forward any such request to the head of the law enforcement agency;
6. Prohibit using time or resources to communicate with a federal immigration authority
regarding the custody status or release of an individual targeted by a civil immigration
detainer, except if the law enforcement agency notifies the affected individual, in writing,
of its intent to comply with the detainer and the reason for doing so;
7. Specify that, while records relating to ICE access maintained by law enforcement
agencies shall be deemed public records under the Freedom of Information Act, the Trust
Act must not be construed to require disclosure of any record that is exempt under the
Freedom of Information Act (FOIA)
8. Require, beginning January 1, 2020, the legislative body of municipalities to report
specified information every six months to the Office of Policy and Management (OPM),
if their law enforcement agency provided ICE access to an individual, including
a. data on the number and demographic characteristics of individuals to whom the
agency provided ICE access,
b. the date ICE access was provided, and
c. whether the ICE access was provided as part of compliance with a civil
immigration detainer or through other means.

The Trust Act has not changed processes for entering information into Automated Fingerprints
Identification system (AFIS) of an arrested individual or the accessing of information from the
National Crime Information Center (NCIC) concerning an arrested individual.
The Public Acts are available for viewing at:
PA 19-20- https://www.cpa.ct.pow/20 1 9/act/Pa/pdl/201 9PA-00020-ROOSB-00992-PA,PDF
PA 19-23. https://www.cga.ct.gow/201 9/act/Pa/pdf/201 9PA-00023-ROOSB-01115-PA.PDF
KB/br