Immigration & ICE Rights Webinar Recording
watch the feb 6 recording now
Today, February 6, 2025, VAAP joined local and national experts for a virtual panel co-sponsored by the Vermont Treasurer’s Federal Transition Task Force, on which VAAP serves, focused on the following topic:
“What do the new federal actions mean for your business or non-profit? Does your team know their rights and obligations should ICE come to your place of work? Tune in to an expert panel of Vermont and national leaders to get your questions answered. This webinar is offered as a partnership of the Vermont Chamber of Commerce, Vermont Businesses for Social Responsibility, and State Treasurer Mike Pieciak’s Task Force on the Federal Transition.”
View the recording here, scroll down for a summary of our presentation notes, and learn more about the Task Force on the Treasurers’ website. VAAP is honored to participate in the Treasurer’s Task Force to help the state prepare for and, hopefully, mitigate the many adverse mental, emotional, social, and economic impact that immigration enforcement threats and activities are already having on all Vermonters.
Review additional resources
To access other immigration and related resources VAAP curates of interest to business or nonprofit entities, please review the following VAAP resources:
VAAP blog on immigration and work intersections relevant to both employers and employees.
Expanded educational programming for lawyers and service providers.
Review VAAP’s feb 6 Webinar Notes
Speaker: Jill Martin Diaz (they/elle)
Title: Executive Director, Vermont Asylum Assistance Project; Director of Legal Services, Connecting Cultures
Introduction
Welcome and thank you for joining today’s session, which combines Know Your Rights (KYR) training with insights from my professional practice. I am speaking as an immigration attorney, nonprofit executive director, manager of three staff members, and educator at both undergraduate and graduate levels. We’ve reached the Zoom capacity, highlighting the deep concern within our community. Your fears are valid and are a feature of a weakening rule of law. My goal is to build your capacity to access actionable information so you can make informed decisions and better support your staff, clients, and partners.
Approach
This session is structured as a train-the-trainer workshop.
All legal information shared today is available on our website (www.vaapvt.org).
VAAP curates and provides accessible, vetted national resources for your learning and use.
Legal Rights and Privacy Overview
General Principles:
The right to privacy from government intrusion is deeply rooted in constitutional law.
The Fourth Amendment establishes parameters for when and how law enforcement, including the Department of Homeland Security (DHS), can access private or quasi-private spaces with a judicial check (checks and balances, in the form of a judicial warrant).
Types of Warrants:
Judicial warrant: You are required to comply with the terms but not more than the terms.
Administrative or ICE warrant: You can assert your privacy rights, below.
Privacy Rights Vary in Different Spaces
Public Spaces:
Examples: Streets, parks, and other areas with low privacy expectations from perspective of the subject individual/society.
DHS can stop individuals with “reasonable suspicion” of law enforcement need and detain them with “probable cause” (or a judicial warrant)
Right to clarify: “Am I being detained? Am I free to leave?”
Right to stay silent: “I exercise my right to be silent and to speak with a lawyer.”
Without a warrant, right decline a search of person or property: “I do not consent to this search.”
Bystanders can watch, record, or film but not interfere and should consider holistic safety planning before taking action. Best practice is to document every detail the person perceived using their five senses immediately following the event.
Quasi-Private Spaces:
Examples: Workplaces, clinics, and schools. Note those spaces have public areas like entryways and waiting rooms, and private areas like offices and meeting rooms and storage rooms.
Law enforcement must have a judicial warrant to access private areas with higher privacy expectations from the perspective of the subject individual/society.
Entities can prepare response plans in advance of an emergency and give staff easy, actionable guidance in the unlikely event that they need to utilize the plan. Best practice is to clearly demarcate which spaces are private and require authorization for access in advance, and to designate one person who is authorized to speak with law enforcement on behalf of the entity and/or to speak to the entity’s attorney on behalf of the entity.
Absent a judicial warrant, an employee can refer DHS to the entity’s authorized person and or the entity’s attorney; assert their inability to speak on behalf of the organization; assert their inability to speak with the organization’s attorney themselves; assert their need to safeguard legally protected information pursuant federal privacy laws; and request reasonable accommodations if needed.
In the event of a judicial warrant, an employee can ask for an accounting of what is seized and searched and assert that the entity does not consent to searches beyond the scope of the warrant.
Bystanders can watch, record, or film but not interfere and should consider holistic safety planning before taking action. Best practice is to document every detail the person perceived using their five senses immediately following the event.
Private Spaces:
Examples: Homes, hotel rooms, personal belongings.
Highest expectation of privacy; requires specific judicial justification.
"I do not want to talk to you or answer questions."
"Am I free to go? Am I being detained?"
If detained, assert the right to remain silent and request a lawyer.
In car stops, only partially lower the window if requested. Passengers have the right not to provide ID or answer questions.
Example Scripts for Asserting Privacy Rights in Work Spaces
Request identification and proof of a judicial warrant:
“Which agency are you from?” “Are you immigration?” “Can you show your identification?”
“Can I review the warrant?” (and you are looking for a warrant that has Vermont federal or state court letterhead).
Assert your rights:
"I do not/cannot consent to your entry into this space."
"I do not want/am not authorized to answer questions without a lawyer."
"I do not want/am not authorized to sign anything without consulting an attorney."
During the Interaction:
DHS may proceed despite rights assertions. Prioritize safety and avoid unnecessary document handling. Disclose vital medical or family needs if necessary. Never present false documents or provide misleading information.
Repeat continuing non-consent if law enforcement continues to search the space or the people in it or seize any people or property in violation of the scope of the judicial warrant (or in the event of no warrant).
Document interactions with detailed observations while staying safe. Remember that seizing your unlocked phone would give law enforcement access to your whole life!
Why DHS Seeks Access to Private Spaces
DHS prioritizes enforcement of “removability” based on factors like recent arrival, community safety concerns, and legal mandates.
The Laken Riley Act expanded mandatory detention criteria, increasing enforcement even for minor infractions.
Even in custody, immigrants have due process rights and defenses against removal:
Right to remain silent and request legal representation.
Opportunity to assert claims to regularize status or stop deportation arising under immigration and international law.
Request discretionary release or a bond hearing.
Communicate any genuine fear of removal.
Conclusion
If you found this session valuable, please advocate for the protection of trans kids! I am here today thanks to insurance-covered gender-affirming healthcare.
Thank you for your time and dedication to supporting immigrant communities. Visit www.vaapvt.org for resources, events, and legal support.
Stay tuned for more
VAAP intends to publish follow up materials responsive to the many excellent questions raised during the webinar that our time constraints prevented us from addressing in the moment. Thank you!
