FAQ: Will ICE detain me at my check-in?
Navigating ICE Supervision in Vermont: Risks, Benefits, and Strategic Considerations
As more people in Vermont return to in-person ICE check-ins and enforcement patterns shift, it is critical for individuals under ICE “orders of supervision” or “OSUP”—and those supporting them—to understand the evolving landscape, potential risks, and practical strategies for navigating it. This post offers a brief overview of what to expect, what to watch for, and how to prepare for ICE OSUP in VT.
Potential Risks of ICE Supervision Check-ins
Attending ICE supervision appointments is often legally required, but these visits can carry serious risks, especially under current enforcement conditions:
Possibility of Detention: Clients may be detained during a check-in, particularly if they have prior removal orders, criminal histories, or no pending applications for relief.
Increased Scrutiny: ICE may conduct deeper reviews of a person’s file, which can lead to unexpected actions.
Travel and Accessibility Challenges: Logistical barriers, such as long travel distances or lack of transportation, can increase the difficulty and stress of attending appointments.
Emotional and Psychological Stress: Regular ICE supervision can take a significant toll on mental health—for both individuals and their families.
Changing Reporting Requirements: ICE may unilaterally change a person’s reporting frequency or conditions, affecting their stability and planning.
Interference with Work or School: Check-ins can conflict with work schedules or class attendance, creating added risks to employment or education.
Risk of Enforcement at Home or Community: If someone misses a check-in or is removed from supervision, they may face enforcement actions in their home or community instead.
Trends in Vermont (2025)
VAAP and our partners have tracked recent developments across Vermont, and the following trends are emerging in 2025:
Return to In-Person Check-ins: Many individuals who were previously permitted to check in via phone or email must now appear in person.
Increased, Unpredictable Detentions: While still not universal, detentions at check-ins have become more frequent—and less predictable.
Higher Risk for Certain Groups: Individuals without pending relief applications, or those with final orders or prior criminal convictions, appear to face the greatest risk.
Opaque Criteria for Others: The detention risks for individuals with pending asylum, adjustment of status, or other protections remain inconsistent.
Bed Space Limitations: While ICE is detaining more people, bed shortages continue to limit capacity, introducing a layer of unpredictability in enforcement decisions.
Benefits of Complying with ICE Supervision
Despite the risks, there are strong reasons to comply with ICE supervision if safely possible:
Avoids Labeling as “Absconding”: Failure to attend can result in ICE marking the person as a flight risk, negatively affecting future applications for immigration relief or release on bond or other detention reviews.
Minimizes Surprise Enforcement: Those who check in are less likely to be targeted for home, work, or community arrests (and associated collateral arrests of bystanders).
Establishes a Record of Compliance: Demonstrating consistent cooperation with ICE can strengthen future requests for bond or other immigration relief.
Preserves Access to Legal Process: Continuing to engage in supervision protects a person’s ability to apply for immigration relief or access due process before removal.
Key Self-Assessment Questions
Before deciding how to approach a supervision appointment, individuals should ask themselves:
What is my ultimate goal for relief or status? Understanding the strength of pending cases can help clarify the importance of maintaining legal presence and compliance. If a lawyer has advised the impacted person that they have no or weak claims for relief given their particular situation and current immigration law, the government is less likely to release the person from detention once they become detained.
What does ICE already know about me? If the government has your name, address, and history through prior filings or arrests, disappearing from supervision may not protect you—and could escalate risks.
What is the likely outcome if I’m detained? Consider whether you would be eligible for bond or habeas bail relief or, relatedly, whether you are ultimately eligible for legal remedies from deportation—and how your record of compliance might affect your prospects of winning discretionary relief.
Am I eligible for new registration or protections? New USCIS or ICE policies (such as mandatory registration) may influence the risks and benefits of continued compliance.
Practice Pointers for Advocates and Supporters
Here are practical steps and strategic reminders for those assisting clients or loved ones through ICE supervision:
1. Communicate Transparently. Explain the supervision process, review what to expect, and don’t sugarcoat the risks—especially if client’s circumstances have changed e.g. police contact or loss of status.
2. Emphasize Compliance. Stress the legal consequences of missing a check-in, but acknowledge and validate the fear or mistrust clients may feel and validate the decision they make for themselves.
3. Prepare Documentation. Bring updated addresses, proof of pending or approved work authorization, pending application receipts, and legal filings to demonstrate stability and eligibility.
4. Assess Risk Ahead of Time. Review each client’s record and ICE priorities. Prior removal orders, prior criminal convictions, and the absence of pending relief increase the risk of detention.
5. Create a Safety Plan. Designate emergency contacts, prepare a detention response plan, plan for caregiving, and make sure key documents are accessible to trusted family or advocates. Secure an in-status person to accompany, witness, and document the supervision appointment.
6. Stay Informed About Local Trends. Enforcement patterns can change rapidly. Monitor developments in Vermont and communicate them to impacted clients and communities. At the time of writing, individuals with prior orders or arrest histories remain at the highest risk for detention, as do single or non-caregiving men.
7. Distinguish Detention from Deportation and Know Your Rights.
Detention ≠ deportation. Many people are held temporarily and released—especially if they assert their rights while in ICE custody. Ask for counsel and stay silent.
Educate clients on their right to remain silent, to decline signing ICE paperwork, and to request a lawyer.
ICE may use coercive tactics to get people to sign removal waivers or accept deportation without understanding their options.
VAAP is working to expand legal access for detained individuals in Vermont.
8. Document Everything. Keep a record of ICE check-in communications, conditions imposed, and attendance history. It may be critical in future bond or removal proceedings. If the person is detained, contact VAAP immediately.
Final Note
At VAAP, we believe that informed decisions are empowered decisions. Whether you're an advocate, a community partner, or someone directly affected, you are not alone. If you or someone you know is facing ICE supervision in Vermont, join us for weekly caserounds for support. We are committed to expanding legal access and fighting for justice in every step of the immigration process—including detention defense.
