State response uncertain for ICE subpoenas

State officials are currently reviewing federal subpoenas demanding information about three immigrants who have served jail terms in Connecticut — one of many dubbed a “sanctuary state.”

Despite the label, however, Connecticut has for years provided detailed information on individuals to U.S. Immigration and Customs Enforcement, or ICE.

Four years ago, the administration of former Gov. Dannel P. Malloy entered into an agreement with the federal government to grant it access to the information in Connecticut’s law enforcement database.

More recently, in May of 2018, the state entered into a memorandum of understanding to provide information directly to ICE.

Known as the Connecticut On-Line Law Enforcement Communications Teleprocessing system, or COLLECT, the database contains Department of Motor Vehicles information, court data, probation information, protective orders, boating certifications, hunting and fishing licenses, and other information that ICE uses to track immigrants. The agreement will be in place until next year and could be renewed.

“Without access to the system, ICE officers will not be able to locate and track illegal aliens,” said a 2016 ICE disclosure document about its agreement with Connecticut. “No other organization maintains data necessary to complete this task efficiently but the State of Connecticut’s Department

of Emergency Services and Public Protection.”

Max Reiss, director of communications for Gov. Ned Lamont, said the state’s agreement with ICE was “standard.”

“As they do with all law enforcement agencies that access the COLLECT system, DESPP has entered into a standard user agreement with ICE to use the COLLECT system strictly for law enforcement purposes,” Reiss said.

Alok Bhatt, an activist with the Connecticut Immigrant Rights Alliance, said his organization has “explored the idea of pushing the [new] governor’s administration to renegotiate the contract.”

But he said immigrant rights groups have not yet spoken to Gov. Ned Lamont’s administration about COLLECT.

Connecticut’s immigrant advocates, however, have decried the Trump administration’s enforcement of immigration law, which places an emphasis on deportations and limits on legal immigration.

As part of that policy, ICE served subpoenas last week to the State of Connecticut Court Support Services Division officials, requesting information on three “criminal alien public safety threats.”

“Issuance of these immigration subpoenas was necessary because the State of Connecticut Department of Corrections has continued to ignore ICE’s requests for information and cooperation,” ICE said.

Connecticut’s Trust Act sets conditions for state and local law enforcement authorities for voluntarily cooperating with ICE officials seeking to detain and deport undocumented immigrants.

Under this law, first approved in 2013 and beefed up last year, law enforcement officials are prohibited from responding to an ICE “detainer” — a request to hold someone who has completed a jail sentence — unless that person is guilty of the most serious felonies, is on the terrorist watch list, or a judicial warrant has been issued.

The Trump administration considers states, cities and counties that don’t respond to all detainers as “sanctuary” jurisdictions that merit punishment.

So, the administration has started issuing subpoenas to those jurisdictions, which have responded in different ways.

Denver and New York have refused to respond to the subpoenas. San Diego and Washington County, Ore., have complied. It’s not yet clear how Connecticut will respond.

“Our subpoenas are being reviewed right now,” said Rhonda Hebert, spokeswoman for the Court Support Services Division.

Those subpoenas seek information about a Honduran convicted of seconddegree manslaughter in a hit-and-run motor vehicle incident; a Guatemalan convicted of third-degree burglary and second-degree robbery who has a final order of removal; and a Dominican who was convicted of two counts of narcotics possession with intent to sell. All three immigrants served their jail terms and all three were the subject of ICE detainers the state ignored.