Practice alert ahead of January 20, 2025
changes anticipated beginning next week
National experts are aware of the following plans for week 1 of the Trump Administration:
A slew of Executive Orders changing immigration policy and practice, and corresponding litigation challenging those Orders, and
Increased immigration enforcement activities at the borders (which includes most of Vermont) and possibly the interiors.
Unfortunately, Vermont’s small patchwork of immigration legal service providers are unlikely to be able to meet the increased demand for services.
Without the investment of additional resources in our organization, VAAP is unlikely to be able to accept or even respond to individual calls for legal help after a Vermont immigrant becomes detained.
Instead, we ask community members to please let VAAP know about ICE activity in our state for information only so we can use it to advocate for more legal protections and more legal resources.
Meanwhile, below we share resources orienting community members to their legal rights and options.
If you are a new applicant for immigration benefits
Learn about your options here.
Know that you don’t need to wait for a lawyer to start your case yourself by submitting an application form to the government.
If you are renewing an immigration benefit that is soon to expire
Submit your renewal applications now to benefit from any potential class action memberships that may come up if the Trump Administration terminates the immigration policy giving you your benefit or status currently.
If you have an alternative pathway to immigration benefits or relief, know that you can apply for that at the same time as renewing your current benefit or status.
Pending applicants
Carry proof of pending filings to present to law enforcement in case of contact or arrest (for example, USCIS receipt notices)
Be mindful of the risks and consequences of ICE or CBP encounters in the 100-mile border zone, and how to protect yourself!
Asylum applicants can apply for their work permit 150 days after their asylum application is received by the government.
Call the Immigration Court at 800-898-7180 and follow the prompts to learn how long your asylum application has been pending (and to count backwards to learn when the government considered your application to be filed)
Apply for your work permit online or by paper at https://www.uscis.gov/i-765.
Preparing for/problem solving after an ICE arrest
Detained persons should express any fear of returning to country of origin to ICE early and often: https://immigrationjustice.us/get-trained/credible-and-reasonable-fear/
Planning ahead: https://www.immi.org/en/Home/make-a-plan and https://www.immi.org/en/Info/learning-center/know-your-rights/how-to-be-prepared-for-a-raid-or-arrest/
Responding to an arrest: https://www.cliniclegal.org/toolkits/rapid-response-toolkit and https://www.immigrantdefenseproject.org/for-communities/
ICE detainee locator: https://locator.ice.gov/odls/#/search
What if detainee moved out of state? VT lacks long-term ICE facilities so if VT ICE doesn't release a detainee on their own recognizance within 72 hours, ICE must move the detainee to an ICE facility out of state, usually in NH, MA, ME, NY, or PA. There, detainee can ask for a lawyer (https://www.immigrationadvocates.org/legaldirectory/) and at the same time request a bond hearing to be released back into their community (https://www.ilrc.org/resources/beginner%E2%80%99s-guide-bond-hearings)
Emergency guardianships for minor children of under-documented immigrant parents
Vermont Legal Aid (https://www.vtlegalaid.org/) is coordinating a volunteer lawyers project to help mixed status and under-documented families prepare emergency guardianships to keep non-detained children of immigrants out of DCF custody: https://www.vaapvt.org/blog/faq-family-planning-in-case-of-an-ice-arrest
Families will need to have identified a suitable and willing temporary guardian for the children before any legal work can be done!
Protecting against unlawful evictions by ICE-fearing LLs
Let Migrant Justice (https://migrantjustice.net/) know so they can cite the issues in their testimony at the state house in support of better housing protections: Rachel@migrantjustice.net, Will@migrantjustice.net, Abel@migrantjustice.net
Let Eviction Lab (https://evictionlab.org/) know so they can incorporate the data into advocacy and resource generation-focused research and reporting: jpgarnham@princeton.edu
Let Vermont Legal Aid (https://www.vtlegalaid.org/) know so they can factor patterns of unmet need into their intake priorities: alicia.roderigue@vtlegalaid.org
Let the Vermont Human Rights Commission (https://hrc.vermont.gov/) know about any national origin-based discrimination in denial of housing so they can track patterns: Amanda.Garces@vermont.gov
OR, caution the LL that you have the option of doing all of the above if LL doesn't back down on the eviction action(s)!
