By Anne White
Members of the Connecticut Police Chiefs Association recently met with the State’s Attorney’s Office and the Attorney General’s Office to request additional training on how Connecticut’s immigration enforcement laws should be applied. The meeting comes as the state’s 2019 expansion of the Trust Act, which restricts local law enforcement’s ability to coordinate with federal immigration authorities, faces renewed scrutiny following multiple cases in which convicted or suspected criminals were released rather than transferred to federal custody.
The law prohibits local police from complying with detainer requests issued by immigration officials unless the individual has been convicted of a Class A or B felony, is listed in the federal terrorism screening database, or is the subject of a judicial warrant. Law enforcement officials say these restrictions have prevented the transfer of convicted sex offenders, violent felons, and gang-affiliated individuals to federal custody, forcing immigration officers to track them down after they have already been released into the community.
Greenwich Police Chief Heavey, who also serves as a vice president of the Connecticut Police Chiefs Association, said the law has placed police departments in a difficult position.
Under federal immigration enforcement policy, detainers are issued when a person is arrested by local authorities and is suspected of being subject to removal from the United States due to prior deportation orders or criminal history. A detainer request does not authorize a new arrest but instead asks local law enforcement to hold an individual for up to 48 additional hours so that immigration officers can take them into custody. If a detainer request is ignored, the individual is released, often requiring federal authorities to locate and arrest them at a later date.
Before 2019, Connecticut law allowed police departments to determine whether they would comply with detainer requests. The 2019 Trust Act expansion removed that discretion, restricting local law enforcement from notifying immigration officials in all cases except those involving the most severe felony convictions. Individuals convicted of Class C, D, and E felonies—including second-degree sexual assault, burglary, human trafficking, and manslaughter—must be released without notification to federal authorities.
Immigration enforcement officials have pointed to multiple cases in which Connecticut law enforcement agencies released individuals with serious criminal records, despite detainer requests issued before their release.
• In January 2024, immigration officers in New Haven arrested a twice-convicted sex offender who had previously been released despite an active detainer request. The man had prior sexual assault convictions from 2013 and 2017, but Connecticut officials did not notify immigration officers before his release.
• In February 2024, a Honduran national charged with first-degree sexual assault against a child under 13 was released from the Hartford Correctional Center, despite a detainer request that had been issued four months earlier. Immigration officers were only able to track him down in April, after he had already been at large for two months.
• In another case, Alejandro Martinez, an undocumented immigrant, was convicted of manslaughter in 2023 after killing a father of three in Connecticut. Despite the conviction, local officials did not notify ICE, and he was released into the community.
Republican lawmakers in Connecticut have pushed for a repeal of the 2019 law, arguing that it prevents police from fulfilling their public safety responsibilities and forces immigration officers to conduct arrests after individuals have already re-entered the community rather than while they are still in custody.
State Rep. Tom O’Dea (R-New Canaan) said Connecticut’s approach to immigration enforcement has taken resources away from other priorities.
“Connecticut still has the highest debt per capita in the country, and it was increasing for decades until the Republican guardrails were installed in 2017 and our debt finally started to decline in 2022,” O’Dea said in a statement to the New Canaan Sentinel. “I firmly believe that we need to prioritize our spending on our veterans, children, and those with special needs over those who are here with no intent of becoming legal residents. If you are here illegally, you need to be actively applying for legal status or leave.”
O’Dea referenced past statements from former Presidents Bill Clinton and Barack Obama, as well as former Secretary of State Hillary Clinton, all of whom have emphasized the importance of enforcing immigration laws.
“Even if you don’t like the law, you still need to abide by it or leave,” O’Dea said.
He pointed to an April 3, 2006, speech by then-Senator Barack Obama in which he said:
“Those who enter our country illegally, and those who employ them, disrespect the rule of law. And because we live in an age where terrorists are challenging our borders, we cannot allow people to pour into the U.S. undetected, undocumented, and unchecked. Americans are right to demand better border security and better enforcement of the immigration laws.”
O’Dea said he supports providing emergency medical care to anyone in need but believes Connecticut’s financial constraints mean that the state must reevaluate its spending priorities.
State Sen. Ryan Fazio (R-Greenwich, New Canaan, Stamford) has introduced legislation to repeal the 2019 expansion of the Trust Act, restoring local law enforcement’s ability to cooperate with federal immigration officials when dealing with individuals convicted of serious crimes. Fazio has called the law a dangerous overreach that forces police departments to release repeat offenders and violent criminals rather than transferring them to federal custody. He has argued that Connecticut’s noncooperation policy undermines public safety, particularly in cases involving convicted sex offenders and violent felons. Fazio has been working with fellow legislators and law enforcement officials to build bipartisan support for repeal, saying that ensuring criminals face the full consequences of their actions should not be a partisan issue.
The state legislature is expected to take up the issue in the coming months, as lawmakers consider whether to modify or repeal the 2019 Trust Act expansion. While Democratic leadership has largely supported Connecticut’s noncooperation policy, recent cases involving the release of violent offenders have increased pressure to revisit the law.
For now, immigration enforcement officials say they will continue to track down released individuals, a process that has, in some cases, allowed convicted criminals to remain at large for weeks or months before being taken into custody.
