VAAP Talking Points On 2025 Preparation
Key Points: Vermont's Role in Protecting Immigrants Amid Federal Shifts
VAAP staff appreciate the magnitude of legal and felt emergencies impacting Vermont noncitizen communities at this time. We are working hard to maximize the outputs and outcomes of any resources we invest in 2025 Preparedness as a very new and very small legal services team. We continue to focus on quality direct service provision, pro bono service coordination, concerted legal education, and systems advocacy.
However, we are finding that we may not be able to respond individually to every request for consultation or education services that we receive. Accordingly, we’ll be curating talking points here on an ongoing basis, in consultation with the regional and national partners with whom we affiliate as communicated on our website footer. We encourage VAAP constituents to refer back to this page for VAAP’s take on what to know about Donald Trump’s second presidency and Republican control of Congress beginning in January 2025.
What We Know Today
No Immediate Legal Changes: Despite fearmongering, there have been no new legal changes. The law and the policies implementing the law remain the same for now.
YES, folks can renew temporary statuses as long as they exist and continue to apply for permanent pathways as normal (noting some denied applications cause removal proceedings).
NO, no history in Trump I of new classes of immigration status seekers being referred for removal if USCIS denies their cases.
No Immediate Resource Changes: CBP and ICE haven’t hired exponentially more enforcement staff to carry out the renewed promise of universal deportations from the Trump I playbook.
YES, Vermont should continue to expand noncooperation policies to prevent the use of VT resources to implement the draconian policies of the federal government.
NO, no additional Congressional Appropriations underway as of writing for 2025, so existing limits for the Trump II agenda apply.
Fear Is the Strategy: The chilling effect on immigrants and mixed-status families is an intended consequence of misinformation, echoing tactics from the Trump I era.
YES, folks can still access services and supports of all kinds and there is NO precedent of human services personally identifying information sharing with ICE.
NO, most folks are not going to be subject to a “public charge” analysis as that only impacts certain family- and employer-sponsored applicants for lawful permanent residence and a history of public assistance can be counterbalanced with other evidence of economic access and potential need.
We can compare Trump II’s promised deportation rates to past presidencies:
Pew estimates 11 million undocumented individuals who could be charged with removability, in addition to the many others who have status or permanent residence who could be charged with removability under immigration law as currently written.
TRAC estimates over 1 million asylum cases backlogged in immigration courts.
USCIS estimates over 4 million immigration benefits cases backlogged for adjudication.
The first Trump administration ordered removed 1.5 million people and turned back at the border or granted voluntary departure to an additional 1 million.
Obama’s two administrations ordered removed over 3 million people and turned back or granted voluntary departure to an additional 2 million. This is the highest deportation rate of any presidency in U.S. history.
The Biden administration has matched Trump’s 1.5 million removal orders plus over 5 million turn-backs or voluntary departures exacerbated by COVID-19 exclusions under the Health and Human Services Law at Title 42 of the U.S. code.
Daily Precautions:
Remember, we live in a border zone where government insulation from accountability for denying immigrants due process is highest. Ask friends and neighbors to contact the National Lawyers Guild for help setting up border zone legal observer networks.
Remember, there are no rights without remedies. We need impact litigators willing to file suit to enforce APA and due process rights violations.
Those with pending applications or valid status should carry proof, like copies of receipt or approval notices or work permits.
Undocumented and under-documented individuals should
carry "red cards" (downloadable from VAAP’s website) to help them assert their rights if stopped by immigration authorities.
prepare Emergency Guardianship paperwork for your U.S. citizen children with Vermont Legal Aid.
gather and carry proof of your presence in the U.S. for the last 24 months, if applicable.
gather, and safely store with a trusted U.S. citizen: copies of your identity documents; your immediate family’s identity documents; proof of necessary medical prescriptions or needed accommodations; proof of family care arrangements in case of ICE arrest; and letters or other proof from your employers, customers, neighbors, religious leaders, schools, and other community stakeholders that you are a member of your community.
Anticipated immigration policy Changes in The First 100 Days
Executive Actions Likely. Under a second Trump administration, executive actions to reshape immigration policy and practice are expected to intensify. Moves to limit legal immigration pathways, reminiscent of the first Trump term, may return with greater urgency. A conservative-leaning Supreme Court that has upheld broad executive powers in immigration matters will likely embolden these efforts.
Slower Processing, More Barriers. Protracted processing times for immigration benefits are expected to slow further, compounding delays for family reunifications and other essential adjudications. Discretionary permissions, such as advance parole for international travel, will likely be increasingly difficult to secure. While U.S.-based applicants are generally protected from removal while their cases are pending, new enforcement priorities could heighten scrutiny across the board.
Asylum Risks for People Losing Temporary Status. Individuals who intend to apply for asylum affirmatively in light of losing a temporary humanitarian status or immigration protection should do so with informed consent. Losing an asylum interview under stricter protocols could lead to immediate referral to removal proceedings. Asylum pathways may become even more limited with policies like the reinstatement of the “Remain in Mexico” program and expedited deportation measures.
Border Security and Enforcement. Expect an intensified focus on border enforcement. Tom Homan, appointed as "Border Czar," has pledged to build the largest deportation force in U.S. history. Federal programs like 287(g) are likely to expand, incentivizing local law enforcement to cooperate with ICE. Ramped up ICE enforcement activities and expanded detention capacity, supported by private prison contracts, are likely.
Restricting Immigration Pathways. Executive policies to reduce legal immigration will likely include:
Reinstating and expanding the "Remain in Mexico" policy, limiting asylum access.
Renewed travel bans, potentially targeting Muslim-majority and other regions.
Scaling back or terminating programs like DACA, TPS designations, and refugee admissions.
Imposing stricter vetting and access limitations for family- and employment-based visas.
State and Local Impacts. Sanctuary spaces, cities, and states could face increased pressure to comply with federal mandates. Legal challenges, funding restrictions, and enforcement measures may target cities and states offering protections to undocumented immigrants. Conversely, states that enforce restrictive immigration policies, such as mandatory E-Verify, could receive federal support and resources.
Community Impacts and Advocacy Needs. Organizations supporting immigrant communities must prepare for heightened resource demands and intensified legal defense efforts. Key concerns include chaos fueled by threats and fearmongering that may not eventuate in meaningful implementation; conversely, implementation of promised increased detention and expedited removal; emergency response to community risks; and mobilizing advocacy to counteract harmful policy changes and provide essential support.
Note that none of these anticipated changes include abrogation of the Immigration Nationality Act or any of the legal pathways to permanency or due process protections it affords. Note that adjudicators and judges deciding cases this week are the same people who were deciding individual cases last week. Policy may shift, but the enabling statutes guiding those policies remain unchanged.
Looking ahead toward the midterms
Without delay, advocates and organizers can begin to focus on disrupting anti-immigrant control of Congress during the 2027 midterm elections, so that the INA’s legal protections are not also reduced in step with Trump’s policy changes.
Advocates can also begin to focus on participating in the non-presidential political processes that substantively impact legal implementation:
Public education and advocacy to prevent state-based criminalization of border crossings and stricter penalties under state laws.
Public education and advocacy to support state-based law and policymaking to uphold civil and constitutional rights and rule of law.
Publicly commenting on rulemaking, policy setting, and government leadership nominations, and sharing input in public hearings.
Accountability for government expenditure to prevent mission creep for non-federal agencies with no business in immigration enforcement.
Legal observation and accompaniment in border zones, removal proceedings, and detention centers to foster transparency and accountability.
As these anticipated changes unfold, immigrants and advocates alike should stay informed and prepared. Strengthening community networks, legal support systems, and public advocacy will be critical to mitigating the impact of restrictive immigration policies. Staying resourceful, coordinated, and organized is the best strategy for navigating the uncertain road ahead and making sure the uncertainty alone doesn’t topple our ability to provide services.
Vermont’s Unique Position
Vermont Leads the States: Vermont is a national model for “new immigration federalism,” local lawmaking to improve the lived experiences of immigrant communities regardless of immigration status (which is a purely federal issue).
Border Jurisdiction Risks: Vermont lies within the 100-mile border enforcement zone, giving DHS broad enforcement powers. This amplifies risks for undocumented individuals moving through daily life, even away from the border itself.
YES, anyone detained by ICE has a right to invoke their fear of returning to their country of origin. Legally, this should pause expedited removal proceedings and trigger their right to be heard on the question in immigration court.
NO, people are not immediately deported after a judge denies their application(s) for relief in court, and people have a right of appeal.
Support Systems in Place:
Vermont government and nongovernment service agencies do not share personally identifying information with ICE. Even in Trump I, neither did USCIS or the Office of Refugee Resettlement!
Robust local protections on the books (for example), and lots of opportunities to seek more this legislative session (for example).
Help is available for people submitting applications and preparing themselves and their families in case of ICE enforcement.
Opportunities for Local Action
Vermont has a strong foundation to build on but must act boldly to strengthen legal protections:
Legislation and Policy:
Support systems-level interventions like Senator Gulick’s Office of New Americans bill.
Advance rights like status-blind assistance eligibility, and state-guaranteed access to public schooling regardless of immigration status.
Generate resources like a Vermont-based immigration bond fund and embedded legal defense structures.
Combat misinformation like clarifying state government’s information-sharing protocols.
Operationalizing Existing Law:
Education and access assistance for status-neutral financial aid, business ownership opportunities, professional licensure, etc.
Enforcement of ICE violations of the ban on courthouse immigration arrests.
Enforcement of VT violations of the ban on information sharing with ICE.
What We Can Do Now
Resist Fear, Act in Solidarity: Don’t wait in fearful anticipation and don’t throw subpopulations under the bus when taking action. Follow our blog and resource library to stay updated on what proactive steps everyone can take today to protect the full breadth of VT’s foreign born and mixed status communities.
Focus on Local Giving: Support local organizations to alleviate the censorship risk of the Federal “Kill Nonprofits” House Bill.
Stay Informed and Involved: Make your voice heard by local and state representatives. Ensure every member of our community knows their rights and coordinate legal observation/cop-watch/accompaniment programs to make it safe for immigrants to invoke their rights.
CALL TO ACTION FOR LEGAL PROFESSIONALS
Legal workers can join the effort by volunteering for:
Direct application assistance.
Affirmative litigation to hold the government accountable for rights violations. Already local DHS officers violate local immigrants’ rights.
Coordinated education to ensure every immigrant knows their rights, and outreach to ensure it is safe for immigrants to invoke their rights.
A Coordinated Approach to Know-Your-Rights (KYR) Education
Immigration-adjacent organizations across Vermont are discussing ways to pool resources for education and outreach to foreign-born residents and mixed-status families. At VAAP, we’re prioritizing efficiency by reducing duplication and hoping to leverage others' administrative and coordination capacity where possible to maximize impact for individuals and families. Here’s what we’re focusing on:
Strategic Delivery Mechanisms
In-Person Gatherings:
Hosting KYR sessions in large community spaces with interpreters remains ideal.
However, we’ll need to reassess public gatherings if ICE enforcement risks increase for under-documented attendees in Vermont’s 100-mile border zone.
Online or Hybrid Sessions:
Virtual options with interpretation are key, particularly as we explore using passcodes or two-step authentication to prevent harassment.
Tabling in Neutral Spaces:
Popping up at immigration-neutral spaces like school pick-ups or grocery stores can provide safe opportunities to share info without singling out vulnerable groups.
Accurate, Up-to-Date Materials:
Relying on paper handouts carries risks due to rapidly changing laws and policy rumors.
Instead, we aim to use QR codes linking to web pages with text, videos, and photos that can be updated daily to ensure accuracy and clarity amidst evolving changes.
A Digital Caution for All
We advise caution with how we use smartphones and social media to organize gatherings of noncitizens and share personally identifying information in the time to come. With Trump leading a new federal department focused on AI tools for “efficient” federal implementation, how data is shared and accessed will matter more than ever.
VAAP's Work Through January
We’re committed to education, outreach, and collaboration to ensure Vermont remains a leader in immigrant support and inclusion.
Asylum Filings: We’re continuing to coordinate asylum filings, including for temporary status holders who may lose status in the next administration. Links in our footer provide resources to get started.
Supporting Systemic Change: VAAP supports Senator Gulick’s Office of New Americans bill to centralize coordination across organizations and increase efficiency. Contact Senator Gulick to express support or reach out to Jim Holway at jim@holway.us to learn how you can support this important effort.
Stay tuned for updates and opportunities to get involved!
