MEDIA RELEASE: May 30, 2025

VAAP Fast-Tracks ICE Detention Defense Launch After a Second Record-Making ICE Action in as Many Months

BURLINGTON, VT — In response to a sudden spike in immigration enforcement activity, the Vermont Asylum Assistance Project (VAAP) has launched a rapid-response legal orientation and screening initiative for individuals detained by Immigration and Customs Enforcement (ICE) in Vermont correctional facilities. A recording and materials are available at https://www.vaapvt.org/bondpractice. The launch comes on the heels of two major incidents in the past 24 hours: the reported arrest of 10 immigrant construction workers in Newport and the federally escorted transfer of seven ICE detainees from state custody to Chicago onto a commercial flight in Burlington.

This morning, VAAP trained a group of about 18 pro bono attorneys, legal workers, and interpreters to conduct Know Your Rights (KYR) presentations and legal screenings for detained immigrants at risk of imminent transfer or removal. The goal, according to VAAP’s executive director, is harm reduction: “ICE cannot be the first or only voice explaining legal rights and options to people in custody,” Jill Martin Diaz said. Trained volunteers will help orient detainees, assess eligibility for relief, and facilitate warm referrals for legal services. While VAAP plans to begin directly representing detainees in bond proceedings later this year, new intake is temporarily paused while staff rotate through much-needed time off and triage existing caseloads.

VAAP scheduled the training on short notice in direct response to two alarming developments:

• Yesterday, VAAP received a call for legal help after ICE reportedly detained 10 people who were working together as subcontractors on a private construction site at or near Newport Crossing in Newport. The individuals were reportedly all working with authorization as subcontractors through Patriot Building Systems of Londonderry, NH. On information and belief, the detainees are now being held at Northwest State Correctional Facility (NWSCF). Five or so of the individuals were carrying proof of status on their person at the time of arrest and are reportedly being scheduled for release. A neighbor was seen filming the encounter, but VAAP does not yet have access to the footage.

• This morning, ICE transferred seven women detained at Chittenden Regional Correctional Facility (CRCF) onto United Airlines Flight 1851 to Chicago. Legal observers tracked the detainees from CRCF to Burlington International Airport, where they were seated among commercial passengers with a plainclothes federal escort. Airline personnel referred to the group as “specials.” Observers contacted VAAP mid-transfer in hopes of asserting the detainees’ rights—potentially through habeas corpus or other emergency legal avenues—and urged United to hold the flight. Airline staff stated they lacked authority to delay departure or remove passengers already under federal escort. Legal observers mobilized in Chicago to be at the gate to observe the flight’s arrival process. The ICE detainees were never deplaned, but the plane reboarded for a flight to Washington, D.C. Witness footage and photos from the airport transfer are downloadable here:

  • Picture 1

  • Video 1

  • Video 2

  • Video 3

  • Video 4

Among those present on the airplane was former State Representative Kiah Morris, who livestreamed part of the incident. “It is deeply distressing to see a denial of due process happening right here in Burlington,” Morris told VAAP. “We’re openly seeing individuals not being given an opportunity to connect with their attorneys and get the support they need to deal with a truly harrowing, terrifying situation.”

VAAP is hopeful about the prospect of being able to sustain this new initiative considering the Vermont Immigrant Legal Defense Fund launched earlier this month (https://www.vermontlegaldefensefund.com/). The organization is actively recruiting attorneys and legal workers to join detention visits and ensure no one is deported without understanding their rights or options. For more information or to volunteer, visit www.vaapvt.org. Contact info@vaapvt.org.

View the recording here.

Meeting Purpose: Jill Martin Diaz explained that the purpose of the meeting was to fast-track the launch of a detention defense program due to increased ICE activity in Vermont. They emphasized the need to provide legal response tools and mobilize volunteers to detention facilities.

Purpose of Meeting: Jill Martin Diaz emphasized the urgency of launching the detention defense program due to a significant increase in ICE activity in Vermont. The goal is to provide legal response tools and mobilize volunteers to detention facilities to offer legal orientation and support to detainees.

Volunteer Mobilization: Jill highlighted the need for volunteers to visit detention facilities, provide legal orientation, and gather information about detainees' experiences and the conditions within the facilities. This information will help in developing a comprehensive legal response strategy.

Legal Response Tools: The meeting aimed to equip volunteers with the necessary legal response tools to assist detainees effectively. This includes understanding the legal processes, gathering evidence, and providing legal orientation to detainees.

Detention Defense Program: Jill Martin Diaz outlined the goals of the detention defense program, including mobilizing crowdsourcing information, agreeing on next steps, and deploying people to facilities to provide legal orientation to detainees.

Program Goals: The goals of the detention defense program include mobilizing volunteers to gather information, agreeing on actionable next steps, and deploying people to detention facilities to provide legal orientation and support to detainees.

Information Crowdsourcing: Jill emphasized the importance of crowdsourcing information from volunteers who visit detention facilities. This information will be used to develop a comprehensive understanding of the conditions and challenges faced by detainees.

Next Steps: The program aims to establish clear next steps for volunteers and legal advocates, including the development of legal response strategies and the coordination of efforts to support detainees.

Deployment to Facilities: Volunteers are encouraged to visit detention facilities to provide legal orientation, gather information, and support detainees. This hands-on approach is crucial for understanding the on-ground realities and providing effective legal assistance.

Legal Orientation and Training: Jill Martin Diaz discussed the importance of providing legal orientation and training to volunteers, including the logistics of visiting detention facilities and the need for language access for detainees.

Importance of Training: Jill stressed the importance of providing comprehensive legal orientation and training to volunteers. This training will equip them with the knowledge and skills needed to assist detainees effectively.

Visiting Logistics: Jill provided detailed information on the logistics of visiting detention facilities, including the need for proper identification, understanding facility protocols, and coordinating visits with facility staff.

Language Access: Jill highlighted the need for language access for detainees, emphasizing the importance of providing interpretation services to ensure detainees understand their legal rights and options.

Volunteer Coordination: Effective coordination among volunteers is essential for the success of the program. Jill discussed the use of communication tools like text and email threads to share information and updates among volunteers.

ICE Activity in Vermont: Jill Martin Diaz reported on recent ICE activity in Vermont, including the detention of 10 construction workers in Newport and the relocation of seven detainees from the women's facility in South Burlington to Chicago.

Newport Detentions: Jill reported that 10 construction workers in Newport were detained by ICE. These individuals were subcontracted construction workers and were taken into custody, highlighting the increased ICE activity in the area.

South Burlington Relocation: Seven detainees from the women's facility in South Burlington were relocated to Chicago. Jill provided details on the process, including the involvement of legal observers and the challenges faced in attempting to provide legal assistance to the detainees during the relocation.

Legal Observers' Role: Legal observers played a crucial role in monitoring the relocation of detainees. They provided real-time updates and attempted to intervene to offer legal orientation to the detainees, although they faced challenges in doing so.

Impact on Community: The increased ICE activity has had a significant impact on the local community, creating fear and uncertainty among residents. Jill emphasized the need for a coordinated legal response to support those affected by ICE actions.

Legal Response and Bond Hearings: Jill Martin Diaz and Seth discussed the process of providing legal response and bond hearings for detainees, including the importance of gathering evidence and presenting it to an immigration judge.

Bond Hearing Process: Jill and Seth explained the process of bond hearings, where detainees can request an immigration judge to review ICE's custody decision. The goal is to secure the release of detainees by presenting evidence that they are not a flight risk or a danger to the community.

Evidence Gathering: Gathering evidence is crucial for a successful bond hearing. Volunteers and legal advocates need to collect affidavits, witness statements, and other supporting documents that demonstrate the detainee's ties to the community and positive equities in their life.

Legal Arguments: While bond hearings primarily focus on factual arguments, there is also a need for legal analysis, especially in cases involving criminal history. Jill and Seth discussed the importance of understanding the legal implications of a detainee's background.

Challenges in Bond Hearings: Jill and Seth highlighted the challenges faced in bond hearings, including the burden of proof on the detainee to show they are not a flight risk or a danger. They also discussed the recent changes in immigration law that have made it more difficult to secure bond.

Challenges and Logistics: Jill Martin Diaz and Seth addressed the challenges and logistics of visiting detention facilities, including the need for proper identification, parking, and coordinating visits with facility staff.

Identification Requirements: Proper identification is essential for visiting detention facilities. Volunteers need to ensure they have their bar cards and any necessary documentation to gain access to the facilities.

Parking and Access: Seth provided practical advice on parking and accessing detention facilities, noting that while most facilities have ample parking, it is important to budget extra time for the entry process and security checks.

Coordinating Visits: Coordinating visits with facility staff is crucial to ensure smooth access. Volunteers are encouraged to call ahead and schedule their visits to avoid any complications or delays.

Facility Protocols: Understanding and adhering to facility protocols is important for a successful visit. Volunteers need to be aware of the rules and procedures in place at each facility to ensure they can meet with detainees effectively.

Legal Representation and Support: Jill Martin Diaz emphasized the importance of providing legal representation and support to detainees, including the need for volunteers to take notes and document their experiences to help inform future legal efforts.

Importance of Documentation: Jill stressed the importance of volunteers taking detailed notes and documenting their experiences when visiting detention facilities. This information is crucial for informing future legal efforts and understanding the conditions faced by detainees.

Legal Representation: Providing legal representation to detainees is a key goal of the program. Jill discussed the need for volunteers to be clear about the scope of their representation and to follow ethical guidelines when interacting with detainees and their families.

Support for Volunteers: Jill emphasized the need for a supportive community among volunteers. Sharing information, experiences, and resources is essential for the success of the program and for providing effective legal assistance to detainees.

Ethical Guidelines: Volunteers must adhere to ethical guidelines and be transparent about their role and the extent of their representation. This ensures that detainees and their families have a clear understanding of the support being offered.

Communication and Coordination: Jill Martin Diaz and participants discussed the importance of communication and coordination among volunteers, including the use of text and email threads to share information and updates.

Ethical Considerations: Jill Martin Diaz reminded participants to be clear about the scope of their representation and to follow ethical guidelines when interacting with detainees and their families.

Follow-up tasks:

• Meeting Summary: Send an email to participants with a summary and AI-generated transcript of the meeting, including links to recommended guidance and training materials on the VAP website. (Jill)

• Communication Channels: Create and share text message groups on Signal for different regions to facilitate rapid response communication among volunteers. (Jill)

• Interpreter Coordination: Coordinate with Steve Crofter to act as an interpreter for any lawyer visiting Springfield today. (Jill)

• Documentation of Facility Visits: Document any issues encountered during facility visits, including details of interactions and any obstacles faced, and send the notes to Jill. (All Volunteers)

• Legal Orientation Materials: Print and bring screening packets and know-your-rights materials to the detention facilities for legal orientation sessions with detainees. (All Volunteers)

• Legal Representation Clarification: Clearly communicate to detainees that the volunteers are not offering full legal representation but are providing legal orientation and harm reduction. (All Volunteers)

• Follow-up on Interpreter Access: Investigate and document the refusal of external interpreters by ICE and share findings with advocacy partners for potential impact litigation. (Jill)

• Coordination with DOC: Email DOC contacts to inform them about the attorney visits to ensure smooth access to the facilities. (Brett)

View the VDOC facilities here.

Access pertinent VDOC policies on visitation at Chapter 6:

327: Visits - Same as APA Rule 79-26

327.01: Inmate Visits Directive

327.01: Interim Memo on Inmate Visits - Attorney Information

Attorey Visit Policy Memo 2019

Upon Arrival

1. Sign In

   • Enter your name, reason for visiting, and arrival time in the visitor’s log.

2. Check In

   • Speak with the front desk: provide your name and the name of the person you are visiting.

3. Secure Belongings

   • Place all electronics, keys, etc. into a single-use locker.

4. Security Screening

   • Proceed through the metal detector.

5. Escort to Meeting Room

   • A guard will escort you to a meeting room and bring the client to you.

During the Meeting

1. Introduction

   • Introduce yourself and ask how the client is doing.

2. Document Review & Signatures

   • Explain and have the client sign:

     • VAAP Retainer Agreement

     • VAAP Release of Information Form

     • G-28 (at least page 3) – the rest can be completed before or after the meeting.

3. Client Identification

   • Record the client’s:

     • A Number

     • Jacket Number (found on wrist bracelet)

4. Case Overview

   • Explain the case and how VAAP can help.

   • Use the "Legal Orientation" template from Esperanza Immigrant Rights Project as needed.

5. Initial Screening (if client is new to VAAP)

   • Review screening questions using:

     • "Legal Screening English"

     • "Screening Tool English" (Catholic Legal Immigration Network, Inc.)

After the Meeting

1. Return to Front Desk

   • Check with the receptionist for:

     • Client’s visiting hours

     • How to add to commissary (to help community volunteers support the client)

Documents to Bring

• VAAP Retainer Agreement

• VAAP Release of Information Form (leave “Organization” line blank if needed)

• Blank G-28 (or EOIR-28 if before an immigration judge) – bring full form or at least page 3

• Blank Screening Summary Sheet English and/or Screening Tool English

• Legal pad for notes

• Pens

Additional Intake Information to Gather

• Date

• Biographical Info: name, address, phone, email (ensure safe contact info for survivors)

• Language Preferences

• Immigration History:

  • Date/method of entry

  • Prior/pending applications

  • Encounters with immigration officials

  • Notices received

  • Immigration proceedings

• Criminal History: charges, arrests, convictions

• Family Info:

  • Immediate family

  • Family in the U.S. and their immigration status

• Immigration Goals:

  • What benefit they are seeking

  • Why they are in the U.S. and want to stay

• Optional:

  • Medical history

  • Employment history

  • Income

  • How they learned about VAAP

  • Action steps/comments

  • Intake staff name

Would you like this formatted into a printable PDF or Word document for distribution?

1. VAAP Detention Defense Retainer Agreement

2. VAAP Detention Defense General Release of Information

3. NIJC Multilingual Guide to Supporting Someone Detained By ICE

4. CLINIC Know Your Rights in ICE Detention

5. Esperanza Infographic on Know Your Rights in ICE Detention

6. ILRC Intake Screening Form

7. Florence Project’s Expedited Removal Proceedings Defense Guide

8. For attorneys wiling to enter their appearance on a case, USCIS Form G-28.

9. VT Sen. Sanders Privacy Release Form

10. VT Sen. Welch Privacy Release Form

11. VT Rep. Balint General Immigration Privacy Release Form

12. VT Rep. Balint ICE Privacy Waiver

• Detention is not deportation

• No impact on the merits of the asylum case

• We will try for low bond and will ask your community support people to fundraise but no promises

• Sep from fighting the actual asylum case

• Once retain us, do not speak to ICE about your case in any way without us present (politely decline) and do not sign anything without our review. ICE can "lie" to achieve their goals (which is speedy self-deportation)

• May be relocated out of state

• May be difficult for us to reach you by phone but we are working hard and following the case!

• Ask ICE officer for any medicines or dietary or religious accommodations you need and tell us when there are problems

• Who can we talk to, about what, who can we not talk to and about what, and if we deem media alerts helpful do you consent