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Yesterday, Attorney General William Tong released a statement of policy and guidance on 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," Tong stated. "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."

Recall that Tong has previously referred to himself as "an anchor baby."

"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," Tong said, leaving out some important details, including what led to the use of lethal force against protesters, and how it was justified under the law.

Tong said his office heard from "countless Connecticut residents concerned about their safety and that of their neighbors in light of ICE activity in Connecticut and elsewhere."

As a result of this concern, Tong issued a memo to clarify 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.

Tong's memo was directed to all state officials, public agencies and private organizations. It articulates and clarifies the State’s official policy and legal position regarding immigration matters. The policy statement does not, however, clearly distinguish between legal and illegal immigrants, for example:

Highlights of the memo include:

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 memo "provides guidance on relevant applicable law" but is "not an official opinion of the Attorney General and does not constitute legal advice."

Areas of law addressed in the memo 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 memo further claims Connecticut isn't a sanctuary state, that the AG doesn't even know what the term "sanctuary" means and that the state doesn't harbor criminals:

For the avoidance of doubt, the State of Connecticut is not a “sanctuary state,” whatever that term may mean. Connecticut is in full compliance with federal law with respect to immigration matters and any claim or suggestion otherwise is false. Indeed, the term “sanctuary state” is a political label that holds no legal or practical significance...

The State of Connecticut also does not harbor criminals or otherwise protect people who have committed criminal acts; any person who engages in a criminal act should be prosecuted to the fullest extent of the law, and where appropriate under law, incarcerated and/or deported.

Note that five months ago, Senate Democrats rejected a Senate Republican amendment that would have enabled cooperation with federal authorities to remove illegals who have serious criminal convictions and pose a threat to public safety.

The memo also adds that "all requests for documents or data from ICE, regardless of whether they are accompanied by a warrant or subpoena, should be referred to legal counsel."

Local and state law enforcement are reminded of their obligations under the Trust Act.

The memo 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 Tong in this matter. 

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