House Republicans are proposing a reform to Connecticut’s Trust Act so it’s easier for state and local law enforcement to inform federal immigration officers when an undocumented person is arrested.
Under the current Trust Act, state and local police can’t inform federal immigration officers about a person’s undocumented status unless the person is convicted of Class A or B felonies, like murder and first-degree assault, or if the person is on a terrorist watch list.
The lack of exceptions that would trigger a notification of custody to federal immigration officials creates barriers for Connecticut law enforcement, according to Republican State Representative Craig Fishbein of Middlefield and Wallingford.
“Our proposal removes those barriers for law enforcement. And now the arrest, and not the conviction, would be the trigger,” Fishbein said.
The proposal from House Republicans, with support from senators like State Senator Rob Sampson, would allow for state and local police to contact federal immigration officials about an undocumented person that has been arrested for additional felonies as well. The bill would expand the list to include Class C felonies, such as forgery and bribery.
Also, the bill would allow state and local police to hold an undocumented person for up to 48 hours without a judicial warrant or a request from federal officers, according to Fishbein.
“Under our proposal, no longer will police need an ICE detainer and a judicial warrant to keep our streets safe from illegal immigrants who choose to commit heinous crimes,” Fishbein said.
The proposal comes after Congress passed a bill known as the Laken Riley Act which directs federal immigration officers to detain and deport undocumented people charged with low-level offenses, like minor theft.
If President Donald Trump signs the bill into law, House Republican Leader Vincent Candelora said Connecticut should follow suit and comply with federal law.
Defending the Trust Act
Opponents of the change to the Trust Act warn that the proposed reform would remove an arrested person’s right to due process, considering the bill could impact law-abiding undocumented people who are caught up in an arrest that may not result in a charge or conviction.
“Let me paint a little picture of who these people could be. They could be fathers, mothers, neighbors of ours, people in our community we even look up to. I think we should be cautious when that is what we’re seeking to do,” said Democratic State Senator Gary Winfield.
Winfield proposed the updated Trust Act in 2019, which did remove several exceptions to the original Trust Act passed in 2013, leaving the Class A or B felony convictions and potential individuals on terrorist watch lists as the exceptions.
Connecticut Attorney General William Tong stood by the idea that states do not need to act on federal immigration. Tong said the current Trust Act ensures that state and local law enforcement are not focusing on doing the work of federal immigration officers and that undocumented people are not afraid to call 911 because of the threat of deportation.
“That's the whole point of the Trust Act. We do our job. They do their job. We don't need state and local law enforcement and first responders and state officials doing immigration law enforcement,” Tong said.
Republican Representative Greg Howard made clear that undocumented people should not fear approaching local police to report a crime, as this bill is only seeking to ensure that criminals are reported to ICE.
“Our proposal does not create a situation where state and local law enforcement in Connecticut become an arm of ICE to go out and round up people here that are here illegally, who are committing no other crimes,” Representative Greg Howard said. “However, we can serve to assist our federal partners in their scarce resources by getting the most dangerous people out of our communities. That is what our focus is and the current Trust Act prevents that from happening.”
A look ahead
A memorandum from the Justice Department recently instructed federal prosecutors to investigate any state or local officials who impede the enforcement of immigration laws of the Trump Administration.
Attorney General Tong put out a joint statement with eleven state attorneys general opposing the move, saying state and local law enforcement can’t be commandeered.
“Right now, these vague threats are just that: empty words on paper,” the statement said. “But rest assured, our states will not hesitate to respond if these words become illegal actions.”
House Republican Leader Candelora said Tong is looking to expand the Trust Act to stop Department of Correction officers from reporting when an undocumented person is at a correction center or prison.
In response, Tong said nothing has been announced yet, since there’s an ongoing conversation regarding the Trust Act between legislative partners, the governor and people in the community.
When asked about it, Senator Winfield said he’d have to hear what the Department of Correction has to say, “but I believe I would be in support of that.”
Over 20 immigration advocacy groups and their allies put out a letter to Governor Ned Lamont and state lawmakers the same day House Republicans unveiled their proposal.
“We call on the state legislature and Governor Lamont to prioritize strengthening the Trust Act in the 2025 legislative session,” the group said in the letter sent out by the ACLU of Connecticut.
