By STEVEN JUPITER
BRANDON—Brandon residents packed the Selectboard meeting room on Monday evening to show their support for a proposed resolution reaffirming the town’s commitment to the principles of due process and equal protection enshrined in the U.S. Constitution and the Vermont Constitution.
The issue has been in the spotlight recently as the Trump administration steps up its efforts to deport non-citizens, some of whom had their status as permanent residents revoked without notice. National and local media have reported multiple cases of non-citizens being detained by ICE without warrants and deported without opportunity to challenge their detention.
The U.S. Constitution states that the government cannot deprive anyone on U.S. soil of “life, liberty, or property” without due process of law. Detention and deportation without warrants and without judicial recourse have been held by federal courts, including the U.S. Supreme Court, to violate this constitutional guarantee.
The specific resolution adopted by the Board was submitted by Town Clerk Sue Gage in her capacity as a private citizen. The full text of the resolution is reprinted below.
Ms. Gage read a prepared statement to the Board explaining her reason for proposing the resolution.
“[S]ometimes we are called as elected officers to reaffirm our commitments, especially when it sends a message to our constituents that we respect them, we are committed to their safety, and we morally oppose any steps that compromise their rights and privileges within our town and within our state,” she stated.
“The principles of the Fourteenth Amendment [of the U.S. Constitution] and Vermont’s founding documents remind us that safety is not a privilege but a right essential to liberty and justice,” Ms. Gage continued. She finished her statement to loud applause throughout the room.
The resolution that Ms. Gage proposed has been adopted by other towns—Rutland in April, for example—at the behest of Peter Franzoni, a Rutland resident who was present in Brandon on Monday evening. He addressed the Board to explain his motives for proposing the resolution.
A non-combat military veteran, Mr. Franzoni said that his service had taught him the importance of the Constitution. He stated that he wanted the sacrifices made by U.S. servicepeople “to mean something.”
“Without the Constitution, there is no justice, there is no liberty,” he continued. “This resolution is a pledge to the flag and a pledge to our neighbors.”
After Mr. Franzoni spoke, several Brandon residents took the podium to persuade the Board to adopt the resolution. Some residents appealed to history, noting that current events reminded them of other periods when liberties were denied. Soviet-era Poland and the Fugitive Slave Act were referenced, for example.
Another resident explained that she had become a U.S. citizen as an adult in the 1980s and was only now learning that she had neglected to inform the Social Security Administration of her naturalization, which made her realize that without due process she could have easily been detained by ICE.
Board Vice-chair Cecil Reniche-Smith told the room that the Selectboard ordinarily tries to “stay out” of national issues but that exceptions can be made. She added that she saw the proposed resolution “on a par” with the Declaration of Inclusion that the Town adopted a few years back.
“We are simply stating what should be obvious,” she said. “The Constitution guarantees due process. We’re not overstepping the Selectboard’s remit. We want to be on the right side of history.”
Board member Jeff Haylon stated that he’d struggled the night before trying to decide how he’d vote on the resolution. But he said he supported the resolution because it was “not a time for sheep but a time for shepherds,” in the words of a former mentor.
Board member Ralph Ethier said that he agreed with what had been said but suggested that the Board write their own version of the resolution.
Board Chair Doug Bailey stated that he believed the Selectboard should “play in a small sandbox,” but conversations with constituents had convinced him that the Board should approve the resolution.
“We’ve never been in this situation before,” he said.
Ultimately, the Board unanimously approved the motion to adopt the resolution.
The resolution has no legal force and is primarily a statement of principle. According to Mr. Bailey, the resolution “is a value statement that we would like the U.S. Constitution to be followed.”
In a phone conversation on Tuesday, Ms. Reniche-Smith said that the Board “wanted to be on the record that we oppose any attempts to violate the constitutional rights of the residents of Brandon.”
With regard to practical effects of the resolution on the Brandon Police Department, Ms. Reniche-Smith added that Vermont state law already governs the extent to which local law enforcement is obligated to cooperate with federal immigration authorities and that the Selectboard has limited power to direct the town police to deviate from state policy. She also said that she would expect Town Manager Seth Hopkins to direct the town police to hold to the resolution’s stated values in a situation where the law is ambiguous.
Reached for comment on Tuesday, Brandon Police Chief David Kachajian stated that his department is obligated by state law to abide by Vermont’s Fair and Impartial Policing Policy. He said that BPD will cooperate with federal authorities in accordance with this policy and as long as “the actions do not violate anyone’s due process rights.”
“Protecting everyone’s constitutional rights, no matter who you are, is one of our primary missions in law enforcement and one of this agency’s fundamental missions as well.”
