Protecting Vermonters from Trump’s deportation agenda

We all have rights that the government must respect, regardless of our immigration status. However, the Trump administration is actively terrorizing our communities through a dangerous mass deportation campaign. The federal government is attempting to intimidate us by defying democratic norms, denying our most basic constitutional rights, and deploying masked and unaccountable immigration enforcement agents into our neighborhoods.

Despite the Trump Administration’s claim of targeting only “dangerous criminals” for deportation, the facts do not lie. As of November, about 73% of the over 65,000 people detained by ICE had no criminal convictions. Many of those with a criminal record had committed only minor offenses, such as traffic violations.

Enough is enough. People are terrified and outraged and are calling on their elected officials to act to protect them from these federal abuses of power.

Although the federal government has the authority to determine who can have or pursue immigration status, states have the power to decide how much immigration status should impact a person's ability to meet their basic human, safety, and economic needs. We have identified several policy areas where Vermont can—and should—use that power to limit state interactions with federal immigration authorities, improve access to justice, and keep our communities safe.

Everyone deserves to fully participate in daily community life. Previously, federal guidance limited immigration enforcement in places of worship, schools, and hospitals. But in January, the Trump Administration rescinded this guidance in an attempt to allow federal agents to invade these community spaces and conduct unlawful and indiscriminate raids. As they continue to stalk and arrest members from our communities, people are increasingly afraid to leave their homes and are being prevented from utilizing these essential community services. Without unincumbered access to these spaces, people’s livelihoods or even their very lives are at risk.

To help protect our community, we are advocating for legislation that would prevent immigration officials from entering non-publics spaces at “sensitive locations” (like schools, hospitals, and places of worship) without a judicial warrant. It would also extend our state’s existing ban on civil arrests at court houses to other governmental buildings. We need to reclaim a sense of safety in our community spaces and prevent federal immigration authorities from using state buildings and resources to enable their anti-immigrant agenda.

Due process is a basic safeguard that is guaranteed to everyone by the United States Constitution. Yet, the Trump Administration is actively stripping any semblance of justice from the immigration system by creating unnecessary hurdles for noncitizens in removal proceedings. Although immigration detention has serious consequences for a people’s immediate and long-term safety, civil detainees do not have access to state-funded attorneys (unlike those detained for violations of criminal law). Someone charged with an immigration violation may be navigating a potentially life and death decision in an obscure court process, in a language they do not understand, without a lawyer. Unsurprisingly, statistics show that detained noncitizens pursuing their immigration cases “pro se” (or, without an attorney) are exponentially more likely to receive orders of removal.

Furthermore, there are large gaps in services within our correctional facilities that make it difficult for people to access care and the information needed for their legal proceedings. Part of Vermont’s justification for renewing DOC’s contract with the U.S Marshal Service was that Vermont detention conditions are better than in places like Louisiana and Texas. But advocates who access the facilities know that noncitizens face many hurdles in Vermont prisons, too. For example, the lack of language access services means that many people who do not speak English are unable to contact their families or their attorneys or request basic medical care.

Vermont is falling woefully short of its moral and legal obligations to the people in its custody, and we are calling on the legislature to change that. Specifically, we urge lawmakers to:

• Provide state-funded, in-facility legal representation for individuals held for alleged civil immigration violations,
• Improve language access services
• Remove barriers to accessing medical and legal services

These changes would strike a powerful blow against the federal government’s deportation agenda and ensure that Vermont protects the due process rights of all its residents.

Everyone deserves to feel safe in their communities. However, community safety requires public trust in law enforcement, which is undermined when armed, masked agents disrupt and kidnap members of our community without warning, warrant, or identification. This problem is made worse when we see bad actors posing as federal agents to harass and abuse immigrant communities. The inability to determine a federal agent from an imposter, or to be able to identify officers who might violate people’s rights, threatens the safety not just of our community, but of law enforcement officers as well.

Despite this growing problem, we continue to see federal agents in masks, driving unmarked vehicles, and wearing plain clothes—all of which makes these arrests even more dangerous. To promote genuine community safety, lawmakers must prohibit all law enforcement officers operating in Vermont from concealing their identity and require that they wear proper identification.

We should all feel safe on the roadway. This includes the freedom to travel without fear of unnecessary interactions with police. Unfortunately, Vermont motorists are stopped at over double the national average, with Black and brown drivers being stopped and searched at higher rates than white drivers, despite being less likely to be found with contraband. Not only does this feed into the appalling racial disparities within Vermont’s legal system—we also know that too often, traffic stops serve as a pipeline to immigration enforcement. This is particularly concerning given the Supreme Court’s recent decision temporarily allowing immigration authorities to consider race and language spoken when deciding to detain and interrogate someone.

To limit unnecessary interactions with law enforcement on our roadways, lawmakers should pass Smarter Stops legislation to ensure the police are only pulling people over for public safety-related offenses. By barring stops for equipment-related violations—like a broken tail lights—and consent-based searches without probable cause, we can fundamentally shift the way our roadways are policed and meaningfully advance community safety and racial and economic justice in our state. With “Smarter Stops,” Vermont can protect the safety and liberty of everyone on the road.

The Trump administration is preying on our most vulnerable in an effort to divide us and make it harder for us to stand up to injustices and unconstitutional grabs for power. They are following the authoritarian playbook to the letter, but their success will depend on whether we stand up for immigrants and Vermonters of color and take action to protect them and their rights.

By enacting these and other Firewall for Freedom policies, Vermont has an opportunity to show other states how we can best protect our communities, our civil liberties, and our democracy. When our state refuses to be complicit in unconstitutional acts, when our leaders create legal protections for our communities, and when neighbors look out for each other—that’s how democracy endures. Take action with us and urge your local legislator to pass our Firewall for Freedom and stand up for immigrant rights.