VBA Immigration Section Newsletter

CiRculated via Vermont Bar Association Connect

Greetings, Vermont Bar Association Immigration Section! Becky Fu von Trapp and I are thrilled to introduce ourselves as your new co-chairs.

For background, Becky (she/her) is the founder and managing attorney of von Trapp Law PLLC, a Vermont-based immigration law firm serving clients across the U.S. and internationally. With a strong background in business operations and government engagement, Becky specializes in complex immigration matters, including employment-based visas, investor visas, and consular processing. She has successfully represented a wide range of clients—from multinational corporations and universities to artists and entrepreneurs—guiding them through visa pathways such as EB-1, NIW, H-1B, H-2B, E-2, and O-1. A recognized expert in the EB-5 Investor Visa program, Becky is also a frequent guest speaker and contributor on immigration law topics. Learn more at https://www.vontrapplaw.com/.

I’m Jill (they/them) the Executive Director of the Vermont Asylum Assistance Project (VAAP), where I have led the organization’s growth since becoming its first paid staff member in 2024. I am a licensed immigration attorney in New York, Vermont, and the District of Vermont and bring a deep commitment to justice through my work in legal advocacy, education, and community leadership. My experience spans roles at Vermont Legal Aid, Sanctuary for Families, University of Vermont, and Vermont Law and Graduate School, where I taught doctrinal immigration law and directed clinical programs. I also serve as Legal Director for Connecting Cultures and hold leadership roles in multiple state and national legal organizations. Learn more at www.vaapvt.org.

This month, we’re writing to you to highlight key policy and practice updates from the national immigration bar, and to invite you to the upcoming continuing legal education (CLE) programming at the VBA. Keep scrolling to find:

1.      Invites to three (3) June CLEs.

2.      Updates on H2B visa practice.

3.      Updates on I-9 compliance checks.

4.      Updates on USCIS registration and associated civil penalties.

5.      Updates on litigation challenging various status terminations.  

6.      Updates on immigration bond and federal habeas litigation in Vermont.

We aim to circulate an update like this every month, so be sure to subscribe to the Immigration Section on VBA Connect for updates. Folks are welcome to convene at VAAP’s Tuesday morning case rounds or to reach out to Becky and me if you’re interested in setting up a recurring Immigration Section meetup. Take care!

1.      Join us online for Continuing Legal Education! Register for all at www.vtbar.org.

JUNE 6 AT 10AM. Immigration Law 101: What Every Vermont Lawyer Should Know in 2025. Immigration law touches every practice area—from family law to employment, criminal defense to municipal governance—but few Vermont attorneys feel equipped to answer basic questions for their clients. Join the Vermont Bar Association’s newly appointed Immigration Section Co-Chairs for an accessible overview of the U.S. immigration system, with plain-language explanations of current hot topics, common client scenarios, and practical referral guidance. This session is designed for non-immigration practitioners seeking to better understand how immigration issues intersect with their work.

JUNE 13 AT 10AM. Employment-based Immigration: A Tool for Workforce Development and Removal Defense. Employment-based immigration tools aren’t just for corporate clients. In this advanced session, Vermont Bar Association Immigration Section Co-Chairs explore how employment pathways can intersect with humanitarian cases and removal defense strategies. From leveraging work-based visas for clients in removal proceedings to creative alternatives to employment authorization, this CLE will provide practical insights for expanding your advocacy toolbox. Ideal for practitioners ready to think outside the box and collaborate across immigration law subfields.

JUNE 16 AT 1PM. Immigration Bond Practice 101: Tools for Vermont Attorneys to Challenge ICE Detentions. Vermont lawyers showed up in force at the Vermont Lawyers March—now take the next step in helping Vermont legal services attorneys in bringing detained immigrants home. ICE routinely detains immigrants facing removal proceedings for no discernable reason and strategically isolates detainees in faraway detention centers, hoping they’ll give up on their meritorious applications and defenses and instead opt to self-deport. Vermont legal services attorneys are fighting back—filing Immigration Court motions for custody redeterminations and winning release. This 90-minute practical training will introduce you to immigration bond practice: how to challenge ICE detention and help reunite people with their families while their immigration cases move forward in court. Join this time-limited, high-impact effort! No prior immigration experience required, and no obligation to take on the full case after bond.

2.      H-2B FY 2026 Season Starts Now — June 15 Deadline Approaching!

The H-2B visa is a nonimmigrant visa category that allows U.S. employers to hire foreign workers for temporary, seasonal, or peak-load positions that cannot be filled by domestic workers. This visa is typically used in industries such as hospitality, construction, and agriculture. To qualify, employers must demonstrate a genuine need for foreign labor, meet strict recruitment and wage requirements, and provide evidence that the work is temporary in nature. The H-2B program helps address labor shortages during specific times of the year, ensuring that U.S. businesses can continue operating efficiently. For employers seeking to hire H-2B workers with an October 1, 2025 start date (first half of FY 2026), the time to act is now. The suggested deadline to file the Prevailing Wage Determination (PWD) with the U.S. Department of Labor is June 15, 2025, to ensure prevailing wage is determined, which is the first step to start the H-2B application process. Meeting this deadline is critical to stay on track for the first cap of FY 2026. H-2B filings are time-sensitive, highly competitive, and require advanced planning.

3.      I-9 Audits in a New Era- Make Sure Your Clients Are I-9 Ready.

In the current era, with ICE (Immigration and Customs Enforcement) ramping up I-9 audits and enforcement under the Trump administration’s policies, it is more important than ever for employers to ensure they are I-9 compliant. The increasing presence of audits and inspections has led to a surge in fines and penalties for businesses failing to meet I-9 requirements. The risks are high, with fines for paperwork violations reaching up to $2,300 per incorrect form, and penalties for knowingly employing unauthorized workers significantly higher. For repeat offenders, fines can reach millions of dollars, in addition to possible criminal prosecution. To safeguard against these risks, employers must follow best practices for I-9 compliance. Read more at Is Your Business I-9 Ready? What Every Employer Needs to Know.

4.      USCIS Registration Enforcement is Underway…

We hear that DHS is starting to enforce noncompliance with the new USCIS Registration requirement using Form G325R by issuing civil penalty fines. We have not yet heard of DHS seeking criminal penalties, and it is unclear what steps DHS is taking to collect fines being charged and whether individuals can challenge the fines in administrative and/or court proceedings. We recommend a case-by-case assessment on the relative risks and benefits of registering on Form G325R before assisting someone to do so. It is not clear whether this new program will survive judicial scrutiny. See:

IRLC resource page https://www.ilrc.org/community-resources/new-registration-requirement-frequently-asked-questions.

ILRC pactice advisory https://www.ilrc.org/sites/default/files/2025-05/Understanding-Registration-Clients.pdf

USCIS updates https://www.aila.org/library/uscis-provides-update-on-alien-registration-requirement

AILA practice advisory https://www.aila.org/library/uscis-provides-update-on-alien-registration-requirement  

AIC practice advisory: https://www.americanimmigrationcouncil.org/research/trump-administration-registration-requirement-immigrants

5.      Recommended resources tracking the status of SEVIS, CHNV parole, and TPS termination litigation

If you are advising individuals facing or at risk of student visa terminations and seeking some trusted resources tracking the latest practice advice flowing from ongoing SEVIS litigation, we recommend:

General

NILA practice advisory: https://immigrationlitigation.org/practice-advisories/

NILA litigation tracker: https://immigrationlitigation.org/litigation-navigator/

JAC litigation tracker: https://litigationtracker.justiceactioncenter.org/#block-views-block-cases-block-1

SEVIS

AILA: https://www.aila.org/library/featured-issue-international-students

NAFSA: https://www.nafsa.org/blog/update-litigation-protecting-legal-rights-international-students-and-scholars

President’s Alliance: https://www.presidentsalliance.org/litigation/sevis-litigation-2/

Parole

ILRC: https://www.ilrc.org/community-resources/termination-parole-notices-what-do-i-do

CLINIC: https://www.cliniclegal.org/resources/parole/chnv-parole-terminations-paused-district-court

Refugees International: https://www.refugeesinternational.org/explainer-on-termination-of-parole/

TPS

CLINC: https://www.cliniclegal.org/resources/humanitarian-relief/temporary-protected-status-and-deferred-enforced-departure/latest-tps

AIC: https://immigrationimpact.com/2025/05/21/supreme-court-de-documents-350000-venezuelans/

NILA: https://immigrationlitigation.org/new-nila-resource-temporary-protected-status-summary-of-rights-protections-and-ongoing-litigation/

6.      Curious about getting involved in immigration bond or federal habeas litigation?

So far, VAAP and co-counsel have used immigration bond litigation to bring Vermonters home from ICE detention in Texas, Louisiana, and Massachusetts. We are developing intake mechanisms at the Vermont DOC facilities where ICE initially detains Vermonters - and drafting templates, training modules, and supervision structures – to guide pro bono attorneys interested in joining us in this work. We are doing the same to guide habeas corpus litigation for individuals where that more extraordinary relief is recommended and available, after the ACLU VT’s success in Ozturk v. Noem (https://www.aclu.org/cases/ozturk-v-trump) and Mahdawi v. Trump (https://www.acluvt.org/en/cases/mahdawi-v-trump). Stay tuned and meanwhile:

Thanks for all you do!

Becky Fu von Trapp & Jill Martin Diaz

VBA Immigration Section Co-Chairs

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