FAQ: VAAP Talking Points November 2024
Key Points: Vermont's Role in Protecting Immigrants Amid Federal Shifts
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.
Daily Precautions:
Remember, we live in a border zone where government insulation from accountability for denying immigrants due process is highest.
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 individuals should carry "red cards" (downloadable from VAAP’s website) to help them assert their rights if stopped by immigration authorities.
Stay tuned for Enforcement Readiness resources forthcoming in partnership with Vermont Legal Aid.
Anticipated Changes in Immigration Policy
Executive Actions Likely: Expect moves to limit legal pathways, as seen during Trump I, with new urgency fueled by a Supreme Court that has upheld expansive executive powers in immigration matters.
Slower Processing, More Barriers: Adjudications and related family reunifications will become even slower, and obtaining discretionary permissions, like international travel, will be uncommon. U.S.-based applicants remain safe from removal during the pendency of most case types.
Asylum Risks: Applicants not in removal proceedings should note that losing an asylum interview may trigger referral to removal proceedings.
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
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.
Looking Ahead
We’re committed to education, outreach, and collaboration to ensure Vermont remains a leader in immigrant support and inclusion. Stay tuned for updates and opportunities to get involved!
