December 19, 2025

VAAP News: Attorney Academy on Feb. 2!
Vermont Asylum Assistance Project is a legal services and technical assistance organization that exists to mentor no-cost and low-cost immigration lawyers and legal workers; educate and serve VT immigrants and community members; maximize impact across sectors; and advocate to protect immigrants’ rights. Join us: www.vaapvt.org.
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FROM THE EXECUTIVE DIRECTOR

💫This year's staffing transitions are next month’s reopened intake!

Thank you to our community partners for your patience as we’ve navigated rapid growth and change this year. With new capacity coming online, we’re ready to propose practice agreements to guide reopened community-based intake at select funding and service partner sites statewide. We’re also continuing to hire Community Lawyers and Practice Development Fellows—details at www.vaapvt.org/openings.

We’re profoundly grateful to Maggie Otto (any pronouns) for their many contributions to VAAP—from first joining us as a student in our spring 2025 UVM Working with Refugees class to becoming a trusted team member during a year of rapid change. We’re excited to celebrate Maggie’s next chapter as a paralegal at a DC-area law firm and can’t wait to toast them at our upcoming staff retreat in January.

We’re thrilled to welcome Andy Pelcher (he/él), a graduate of Vermont Law and Graduate School, as our inaugural Practice Development Fellow. Andy brings a strong track record of advocacy and public engagement, first as a VAAP volunteer attorney and now as a member of the staff. He plans to split his time between no-cost detention and removal defense work with VAAP, and sliding scale fee-for-service work as a solo practitioner. Request his legal help by referral at www.vaapvt.org/legal-support

We’re also excited to welcome Maja Klostermann (she/ella) as our first full-time Legal Assistant to support our growing operations and programming teams and help strengthen advocacy coordination and communications. Maja has a master's from UVM and began volunteering with VAAP as a Spanish-English interpreter and translator in 2024. She progressed to part-time support staff this summer. Catch up on Congresswoman Balint's recent ICE oversight visit to Northwest State Correctional Facility, for which Maja interpreted, here.

Interviewing is underway for additional Practice Development Fellow and Community Lawyering Initiative attorney roles as described on our openings page. Please keep your candidate applications coming, and stay tuned for intake updates as onboarding plans are finalized.

➡️ In this issue, we share timely immigration law and policy updates, practical resources for clients and employers, and highlights from recent advocacy, litigation, and community action—plus gratitude for the partners and funders making this work possible.

🩵This week alone brought two VAAP-supported Habeas Corpus victories in the District of Vermont, with two more hearings set for Monday. This week also sees a young client home with his family for the holidays after VAAP and a volunteer attorney secured a Habeas Corpus victory for him in the District of Massachusetts. This is the impact of your support for VAAP!

Wishing you rest, peace, and most of all gratitude this holiday season. 

With care,

Jill Martin Diaz, Esq.
Executive Director

INTRODUCING: VAAP ACADEMY

📣 Save the Date: VAAP Immigration Academy (Inaugural Session)

VAAP is launching our inaugural Immigration Academy, a hybrid, day-long attorney training hosted in person at the VAAP office and online via Microsoft Teams on Monday, February 2. The session will orient VT attorneys and lawyers pending admission to immigration law, policy, and practice. It will be recorded for registered participants. Designed for prospective and new pro bonos and legal services attorneys providing no- or low-cost immigration representation to Vermont noncitizens. More details on the agenda and registration coming soon—for now, please save the date!

STATE HOUSE OPENS JAN. 6

🏗️State House Preview: Team Work Makes the Dream Work

As the 2026 legislative session begins, VAAP is working with partners including ACLU VT, VPIRG, Migrant Justice, and others to advance Firewall for Freedom policies that protect noncitizens' access to essential spaces, limit harmful ICE enforcement overreach, and strengthen due process and access to counsel for noncitizens in Vermont custody. We are bringing anonymized case stories from the frontlines to the State House to ground policy debates in lived experience, while also elevating persistent DOC access issues and communication barriers that impede legal advocacy. In parallel, we are supporting Common Good Vermont’s appropriation request to expand technical and legal assistance for nonprofits navigating federal impacts and state grants. More details will follow as bills are introduced, hearings are scheduled, and opportunities for public engagement open. Stay tuned!

LEARN WITH VAAP

🏫Besides periodic VAAP Academy programming (see above!), recall that VAAP case rounds are now split between weekly attorney-facing rounds on Tuesdays from 9–10am, and monthly community-facing rounds on the first Tuesday of the month from 10–11am. Dates, Teams links, and details are on the VAAP website calendar and RSVP is required. This week’s takeaways:

  • People may receive a final order of removal and still remain in the community for years with regular ICE check-ins and no further action. If someone "post-final order" receives notice from ICE supervisors of their imminent deportation, they may still request a discretionary stay of removal using ICE Form I-246. Learn more.

  • In some immigration court cases, ICE counsel is asserting that an earlier application was denied or a removal order was entered long ago, and that the lack of documentation and/or notice in the court case record is due to government “error.” Immigration attorneys may challenge these claims (including through filing a Petition for Writ of Habeas Corpus if the person is detained); unrepresented individuals may face barriers in doing so.

  • Immigration attorneys are reportedly still filing USCIS immigration benefits applications and USCIS is still accepting and processing them, with initial receipt notices taking months to arrive. To date, case rounds participants have not seen many detention or enforcement actions at USCIS on Vermont noncitizens petitioning before USCIS based on visa overstays to date (a common issue facing people seeking a green card through a U.S. citizen spouse). Explore USCIS application options here.

  • Immigration options turn on the finality of previous USCIS or immigration court decisions, so caution when adjudicators are using “dismissal” and “administrative closure” inconsistently; dismissal is a final decision and administrative closure is a docket management tool. See Board of Immigration Appeals guidance on point.

  • Asylum seekers may request an employment authorization document (EAD) 150 days after applying and may renew their EAD in perpetuity as their asylum case remains pending. To correct "asylum EAD clock" errors impacting a person's ability to access authorized work, contact the immigration court's asylum clock office to request a fix. If not resolved, contact your local congressional offices, and/or raise the issue directly in court if there is an upcoming hearing. 

👁️Inside VT Corrections: The DOC Dashboard Launch

As first reported by VT Digger in July, the Vermont Department of Corrections (DOC) is reportedly preparing to launch a public-facing dashboard tracking immigration detainers in state custody, following a directive from a prior commissioner to increase transparency around ICE involvement in Vermont facilities. The dashboard—expected to go live in the coming weeks—will cover CRCF (primarily women) and NWSCF (primarily men), be updated weekly, and include FAQs and explanatory notes. An internal version will contain more detailed data.

The dashboard will report median length of stay, unique individuals per month, and trend data. DOC is using median length of stay due to significant outliers; current data shows a median of four days. DOC reports no dramatic increase in ICE detainees overall, though men appear to be staying longer, and more women are being held for similar durations. Individuals remain counted as ICE detainees even if transferred to U.S. Marshals custody while still housed by DOC.

Capacity constraints continue to drive DOC practice. CRCF cannot accept additional ICE detainees once the facility reaches a total population of 170, while NWSCF caps ICE detainees at 30 and regularly turns people away due to capacity limits, booking delays, and lockdowns. Immigration detainee bookings take substantially longer than others—particularly for women—due to interpretation needs and trauma-related concerns.

DOC has limited information about where individuals are apprehended, as ICE does not share that data. Anecdotally, many people are picked up in urban areas such as Boston rather than at the border. Lengths of stay are often extended intentionally by detained individuals bringing habeas litigation. Nationality and apprehension location will not appear in the public dashboard due to data limitations, though DOC may be able to share redacted I-203 lodging documents with legislators to support oversight.

Recent changes to demographic reporting include tracking Hispanic/Latino identity within race categories (currently comprising approximately 56% of ICE detainees) and the addition of a MENA (Middle East and North Africa) category. Age distribution largely mirrors the broader DOC population, skewing slightly younger. DOC is exploring clearer identification of ICE holds in public-facing tools but cautions against systems requiring manual data entry.

While increased transparency is welcome, data alone is not enough. As VAAP has emphasized, people continue to cycle through Vermont DOC facilities without meaningful access to legal counsel. VAAP has struggled to ameliorate legal access barriers through informal administrative advocacy alone and is collaborating with partners to explore alternative strategies in the new year. 

Keep tabs on the VAAP ICE Tracker, where we’ll be sharing more detailed year-end reporting as we prepare to bring testimony to State House lawmakers next month. 

Read more at VT Digger, Vermont DOC moves to publicly display data on detained immigrants; advocates pleased but pushing for more. “'The time now isn’t just for data. It’s about action,' said Jill Martin Diaz, Executive Director of the Vermont Asylum Assistance Project.”

Missed our VBSR panel on immigration and work? Watch the recording and explore resources like the Task Force on the Federal Transition, worker/employer guidance from the VT Department of Labor, litigation in opposition to ending automatic EAD renewal, know-your-rights materials for encounters with immigration officials, DEI guidance for businesses, and summaries of pending lawsuits and amicus briefs. Watch the recording here.

FROM OUR PARTNERS

The National Immigration Project is offering a Removal Defense Course (Jan. 20–Feb. 26) for newer defense attorneys, accredited representatives, and supervisors onboarding staff. Includes live webinars, recordings, and 18 CLE. Register here by Jan. 12.
National Immigration Law Center reports increased ICE arrests at airports including for people with TPS/DACA. We’ve also heard of one traveler being denied boarding at BTV in error despite carrying a valid Refugee Travel Document. Review NILC's travel tips in English, Spanish, Haitian Creole here. 

SNAP and other federal public-benefits eligibility rules for immigrants remain moving targets—and we await clarification that may restore SNAP for some Afghan SIV holders. Check the National Immigration Law Center’s benefits table for the latest, or consult the VT State Refugee OfficeVT Language Justice Project, or Hunger Free VT, e.g., here.

ACLU of Vermont warns that HHS’s proposed Medicare/Medicaid rule changes are an attempt to cut off critical funding to pressure providers to abandon medically necessary care for transgender youth—without directly “banning” care outright. They’re working with lawmakers to keep this care available and affordable for every young Vermonter, and they’re urging people to contact legislators now. One minute is all it takes to voice your support, by clicking here.

Burlington’s Racial Equity, Inclusion, and Belonging (REIB) Office is hosting its final Winter Warmth and Wellness Initiative event on Sat, Jan 10 from 4–6PM at the Richard Kemp Center, offering free food, warm clothing, essential items, and (as available) City Market gift cards. Partners are invited to table and share resources on housing, food access, employment, and family supports. Donations welcome at the REIB Office or at designated drop-offs.

Following racist hate targeting Somali Vermonters and the Winooski School District, we’re resharing ACLU VT’s Back to School Toolkit and the Education Justice Coalition’s Supporting Immigrant & Refuge Students in VT Schools Toolkit. Help us make schools safe for all, and catch up on Superintendent Chavarria's Congressional tesitmony here.

We’re grateful to the Vermont Bar Foundation for supporting VAAP through the IOLTA and Hon. John A. Dooley Grants Programs—core investments in Vermont’s civil justice infrastructure funded by interest on lawyers’ trust accounts. The impact is significant: 1 in 5 Vermonters is now eligible for civil legal aid; 4,030+ people were helped across all 14 counties; and every $1 invested returns $11 to Vermont’s economy, even as grant requests rose 300%. Read the VBF Impact Report here.

Speaking of the VBF, they teamed up with the Central Vermont American Inns of Court to host a 1.5-credit CLE on Vermont’s housing crisis on Wednesday, February 18, 2026 (5:30–8:30 PM) at Queen City Brewery in Burlington. Vermont Commissioner on Housing Alex Farrell will present, followed by a panel moderated by Maura Collins (VHFA) with Miro Weinberger, Tim Sampson, Rachel Batterson, and Deanna Hartog. RSVP required; admission covers food and event costs, with proceeds supporting the VBF. RSVP here.

People's Kitchen is collecting donations of winter gear—coats, hand warmers, gloves/mittens, scarves, socks, boots, and sleeping bags. Support the effort financially via Venmo @peopleskitchenvt or Paypal to peopleskitchenvt.

Also consider joining the Peace and Justice Center's weekly downtown clean-up to support harm reduction efforts on Thursdays at 7:30AM (top of Church Street). More info here.

VAAP thanks Burlington City & Lake (BCL) for connecting us with this semester’s incredible cohort of high school service learners. VAAP joined the students and community partners to share our legal and practical perspective on supporting more inclusive city and school decision-making for Burlington's noncitizens. Read about BCL here.

📚Vermont Bar Association Immigration Law Section Updates
Winter News; edited by co-chairs Becky Fu von Trapp and Jill Martin Diaz 

Client Flyer – New USCIS Policies: AILA has released a client-facing flyer explaining new USCIS policies that pause processing of many immigration benefits and require re-review of some approved cases, particularly affecting asylum applicants, refugees, and people from “high-risk” countries. Available here.

Gold Card Immigration Program: USCIS has introduced a new immigrant visa pathway—commonly referred to as the “Gold Card” program—allowing eligible individuals who make a substantial financial contribution to the United States to seek lawful permanent residence through a newly designated immigrant petition process. We're monitoring implementation coverage, e.g. here.

Expanded Travel Restrictions: A recent Presidential Proclamation expands travel restrictions on certain foreign nationals based on nationality and visa category, citing national security and public safety concerns. Entry to the U.S. may be fully or partially suspended for individuals from designated countries. Impacted travelers are strongly advised to seek legal guidance before traveling. See the policy here.

Proposed ESTA Social Media Disclosure Requirement: U.S. Customs and Border Protection has proposed new screening requirements for travelers using the Visa Waiver Program (ESTA). The proposal would require disclosure of up to five years of social media identifiers. This requirement is a proposal only and is not yet in effect. Review the proposal here.

Termination of TPS for several additional countries: The Department of Homeland Security has announced the termination of Temporary Protected Status (TPS) for Ethiopia in the wake of several additional recent terminations. TPS-related benefits, including work authorization, are automatically extended through February 13, 2026, providing time for affected individuals to explore alternative immigration options or prepare for departure. Learn more here.

Asylum Cooperative Agreements (ACA) Community Alert: In immigration court, the government is arguing that some asylum seekers from Spanish-speaking countries can be denied asylum and deported to a third country (such as Guatemala or Honduras) under so-called “Asylum Cooperative Agreements.” This Spanish and English Community Alert explains what these agreements are and outlines asylum seekers' rights when the government raises this argument in court. Learn more here

Noem v. Vasquez Perdomo Supreme Court Community Explainer: This year’s Supreme Court case examined whether federal immigration officers in Los Angeles violated constitutional rights by stopping people based on appearance, language, location, or occupation. The Court’s decision has raised serious concerns about racial profiling. This short video explains the case and what it may mean for immigrant communities. 

New report on childcare + deportation impacts: The American Immigration Council warns that mass deportation policies could worsen the childcare crisis by destabilizing a workforce that’s already stretched thin—immigrants make up about 1 in 5 childcare workers nationwide, and many are noncitizens or undocumented. Read the report here.

VBA Small Firm & Solo Practitioner Collective Care Group: Free, member-only Zoom support group for solo/small-firm and small-office government attorneys (first 25 registrants). Next meeting is Jan. 12 from 12:30-2PM, facilitated by Cassie Gillespie, focused on coping with difficult/traumatic work content (not therapy, CLE, or supervision). To register, email Laura Welcome: Lwelcome@vtbar.org
FROM OUR TEAM

This year, Vermont’s immigrant communities faced escalating detention, widening enforcement, and growing threats to safety and due process. More people were detained at work, during traffic stops, and in everyday life—placing families at immediate risk and increasing the need for rapid legal intervention. In the face of this unprecedented need, your support made the difference.

Because of you, no one had to face detention or deportation alone. VAAP’s attorneys, volunteers, and partners were able to show up in moments of crisis—inside detention facilities, during medical emergencies, and on the brink of deportation—to defend people’s freedom, families, and futures. You helped stop wrongful removals, prevent people from signing away their rights, reunite families, secure asylum, and win releases from detention through bond and habeas litigation.

This fall alone, your investment made possible dozens of legal consultations, active removal defenses, detention interventions, bond hearings, and habeas actions—mobilizing nearly 100 volunteer attorneys, interpreters, and students across Vermont.

The demand continues to rise, and systemic barriers make this work more urgent than ever. But with you by our side, VAAP can continue to defend due process, dignity, and human rights—when they are most under attack.

Your support doesn’t just change individual lives. It strengthens Vermont’s commitment to fairness, accountability, and justice for all.

Thank you for standing with VAAP!

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Vermont Asylum Assistance Project 
P.O. Box 814, Elmwood Ave, Burlington, VT 05402
802-999-5654 ‖ info@vaapvt.org ‖ www.vaapvt.org

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VAAP Year-End Appeal