Federal vs. State Immigration Laws: Norwalk Police Align with TRUST Act

NORWALK, Conn. – Responding to the Trump administration’s threat to prosecute state and local officials who fail to comply with its immigration policies, Norwalk Police Chief James Walsh says his department will continue to abide by Connecticut law.

“CT Law Enforcement complies with the TRUST act,” Walsh said in response to an email asking what are Norwalk Police policies on enforcing federal immigration laws and directives.

The Trust Act, according to a 2019 general notice issued by the Connecticut Police Academy, is based on two state laws passed that year that created new guidelines for how Connecticut law enforcement works and cooperates with U.S. Immigration and Customs Enforcement.

The act’s requirements and prohibitions gained new relevance Wednesday after the interim leadership of the Department of Justice ordered U.S. attorneys to investigate state and local officials they believe are obstructing or impeding federal immigration law enforcement for potential criminal charges.

In a three-page memo, acting Deputy Attorney General Emil Bove said state and local officials are bound to cooperate with the department under the Constitution’s Supremacy Clause and could face criminal prosecution or civil penalties if they fail to comply.

The Trust Act, according to the police academy notice, prohibits state law enforcement officers from arresting or detaining an individual pursuant to a federal immigration detainer unless:

• the detainer is accompanied by a warrant issued or signed by a judicial officer
• the individual has been convicted of a class A or B felony, or
• the individual is identified as a possible match in the Federal Terrorist Screening Database or similar database

An immigration detainer is a notice issued by immigration officials to hold an individual until their status can be reviewed, according to the website LegalBrief AI. It differs from a warrant, which authorizes law enforcement to take someone into custody for a crime they are suspected of committing.

Bove’s memo, which was directed to all Justice Department employees, says Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests.

The Trust Act, the notice says, prohibits giving federal immigration authority access to interview an individual in custody unless the conditions of a felony conviction or a match on a database listed above are met or the individual is subject to a U.S. District Court order to comply with an immigration officer’s subpoena.

Bove also said that legal action would be taken where appropriate and challenges brought against state and local laws, policies, and activities identified as inconsistent with Executive Branch immigration initiatives. In particular, he points to laws that prohibit the disclosure of information to federal authorities engaged in immigration-enforcement activities.

The Trust Act prohibits using time and resources to communicate with federal immigration authorities regarding the custody status or release of an individual targeted by a civil immigration detainer unless the law enforcement agency notifies the individual in writing of its intent to comply with the detainer and the reason for doing so.