January 8, 2026

VAAP Alert: Rally for Good at 6PM!
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

Trump’s ICE enforcement is proving deadly—more deadly for people in custody than the COVID-19 pandemic. As peaceful witnesses are met with escalating state violence, we’re reminded that democracy only works when The People can safely show up. Justice for Renee Good, and justice for the dozens of people who died in ICE custody this year. We rally for them all tonight. Join VAAP at Burlington City Hall at 6pm.

If you’re reading on:
 we’re tracking immigration bills at the State House and will testify in House Corrections and Institutions next Wednesday afternoon. You’re welcome to come and observe or catch the livestream and recording on YouTube. You’ll also find updates on how to follow VAAP’s legislative priorities; what to expect from our intake guidelines and new hires; quick roundups from this week’s VAAP case rounds, the VBA Immigration Section, and AILA New England; plus training reminders and ways lay community members can plug in.

On a personal note, I’m really proud of the work the VAAP team did this week—walking people through exhausting, grueling court days with steady, skilled advocacy; winning continuances that create real breathing room to prepare; and protecting the facts and legal record that can make the difference in a full and fair hearing. Behind the scenes, VAAP staff also kept the foundation strong by improving our case tracking, strenghtening data security, and supporting partners building humanitarian immigration legal services in Vermont.

Please join me in thanking VAAP staff for doing hard things with care—and in encouraging them to please pace themselves with care. Note we’ll be on staff retreat January 12–14 and we'll be back with our next newsletter in February

With gratitude for all you do,

Jill Martin Diaz, Esq.
Executive Director

FROM THE STATE HOUSE

VAAP is building out our State House 2026 webpage to track immigration-related legislation and share VAAP’s analysis, building on what worked well during the 2025 session. As this session unfolds, you may notice that VAAP staff are less visible week-to-week in Montpelier. That’s intentional.

As Dana Kaplan of Outright Vermont noted on a recent panel we shared, this moment calls for organizations to lean into their unique roles and superpowers while lifting up the complementary strengths of trusted partners. Our legal team is currently focused on intensive litigation work that only our attorneys and supported partners can do. For VAAP’s legislative agenda, Falko Schilling of the ACLU VT is speaking for VAAP on immigration priorities this session. Huge thanks to our incredible partners at the ACLU!

So far, Senate Judiciary is reviewing two bills of particular relevance:

While the bill language differs slightly from earlier advocacy proposals, on initial review, they appear to be moving in a constructive direction. Watch yesterday's Senate Judiciary hearing recording hereComplimentary House bills to watch are coming soon.

For support contacting legislators, requesting lawmaker meetings, or getting involved in immigration justice advocacy in Vermont State House, community members can reach out to Jordan Heiden at VPIRG, who is coordinating advocacy pathways and opportunities to plug in. Huge thanks also to our incredible partners at VPIRG!

In addition to local immigration solutions, VAAP is lifting up the nonprofit-strengthening agenda led by Common Good VT, of which we are members. As contextualized by ACLU VT's Duff Lyall, a strong civil society is essential to protecting democratic institutions and ensuring continuity of services admist authoritarian backsliding. 

VAAP will be testifying about quantative and qualitative enforcement, detention, and removals data before House Corrections next Wednesday. We'll post and share the recording soon.

Our partners at the Vermont Human Rights Commission (VHRC) is publishing a Civil Rights Summit-driven legislative agenda that centers on shoring up core civil rights protections in Vermont—with recommendations focused on fair and impartial policiing, housing access, queer equality, voting access, First Amendment protections, and addressing incarceration and detention as a civil rights crisis. The full Summit footage is now streamable via ORCA Media, including VAAP's panel here. VHRC will preview key policy recommendations at a State House press conference on Friday, January 30 at noon, with a written recommendations report to follow. Click here to subscribe to the VHRC newsletter and learn more.
All are welcome to join a free, open-to-all Zoom session hosted by the American Immigration Lawyers Association (AILA) New England Chapter on Maine immigration legislative updates on Jan. 29 at 1PM ET. VT and ME often look to each other on state-level immigration policy. Register for free here.

FROM THE FRONTLINES

Below are selected updates from American Immigration Lawyers Association (AILA) New England and the Vermont Bar Association (VBA) Immigration Section, the latter of which Becky Fu von Trapp and I lovingly co-chair. We're committed to keeping two-way information flowing so VT practitioners stay connected to emerging trends and resources, and so national partners can track innovations emerging from our noted legal laboratory.

Updates from the VBA Immigration Section:

Updates from AILA New England:
  • Practice alert on new restrictions: AILA issued a practice alert covering new restrictions following the DC shooting incident last November, including a halt to asylum decisions and changes affecting Afghan and travel-ban country nationals. (AILA Doc. No. 25120107; 12/1/25). Boston Asylum Office interviews are continuing, but all post-interview decisions are being held. If a client was told to pick up a decision, call the Asylum Office to confirm whether the pick-up appointment has been canceled.

  • Notice issues in Immigration Court: AILA NE's EOIR Liaison Committee is seeking a meeting with Chief Immigration Judge Todd Masters to raise concerns impacting New England respondents, including hearing cancellations with no/same-day notice and which dockets temporary judges at Chelmsford are covering. Practitioners can submit questions/concerns to eoirproblemcases@gmail.com or shaan@newenglandimmigrationlaw.com.

  • Immigration Court bond jurisdiction: Trusted sources report DOJ internal guidance directing Immigration Judges to continue applying Matter of Yajure Hurtado on bond jurisdiction notwithstanding district court rulings in Bautista v. Noem; many IJs continue to deny bond jurisdiction absent updated federal court direction. (AILA Doc. No. 25120203; 12/2/25)

  • Travel-ban country adjudication pause: USCIS issued guidance placing a hold pending review on asylum applications and pending benefits for individuals from the 19 countries named in Presidential Proclamation 10949, and directs re-review of certain approvals for individuals who entered on/after Jan. 20, 2021. AILA National encourages reports of implementation and collateral consequences to the AILA USCIS Operations Committee. (AILA Doc. No. 25120112; 12/1/25). 

  • Board of Immigration Appeals (BIA) Emergency Stay Line: New hours effective 12/8/25: 8:30am–5pm ET, M-F, excluding federal holidays. Learn about how to request an Emergency stay of Removal from the National Immigration Project.

  • Employment authorization document (EAD) validity shortened: USCIS shortened EAD validity periods for several categories; for refugees and asylees, the validity period is 18 months for applications pending or filed on/after Dec. 5, 2025 (USCIS Policy Alert PA-2025-27; feedback due Jan. 5, 2026).

  • Biometrics in custody: USCIS guidance reiterates it generally will not collect biometrics in detention settings and will continue to deny benefit requests for abandonment when applicants miss service center biometrics appointments.

  • FOIA/records access amicus: AILA is working on an amicus brief in the First Circuit (where VT cases are heard) about barriers to timely DHS and DOJ immigration records access; AILA members are encouraged to submit examples of improper records access denials.

Help us spot patterns (and elevate them through liaison channels): If you’re seeing hearing cancellations, asylum decision holds, marriage-interview enforcement activity, biometrics barriers for detained clients, or other urgent trends, please email us so we can compile themes and raise them with the VBA Section and AILA NE liaisons.

P.S.: Becky is the sole nominee in the AILA New England special election for Executive Committee Secretary. Voting runs Jan. 10–20, 2026 via Simply Voting (AILA members in good standing will receive a ballot link by email; if not received by 5pm on Jan. 10, check spam and then contact vicechairailane@gmail.com). Go, Becky! Go, Vermont!

VAAP attorney case rounds continue every Tuesday from 9–10am, and community case rounds continue on the first Tuesday of each month from 10-11am. We are skipping rounds on Jan. 13, when the staff will be offline for a winter retreat, and returning on Jan. 20. VAAP will continue sharing key takeaways from these discussions, as below:

This week's rounds surfaced several important practice trends and shared questions across detention, asylum, and post-order of removal enforcement.

A major trend alert is DHS’s increasing use of Motions to Pretermit asylum applications based on Asylum Cooperative Agreements (ACAs) in detained, defensive cases. Practitioners emphasized the importance of filing timely oppositions that preserve due process arguments, even where hearings are continued or disrupted. National organizations are tracking these motions closely and have published resources to help advocates and affected individuals understand and respond to pretermission efforts.

Rounds also focused on post–removal order detention. Once a removal order is final, ICE has a 90-day statutory removal period to effectuate removal, but delays are common. Participants discussed strategies for applying pressure during that window—both to prompt action and to create a record of ICE’s reasoning—recognizing that custody reviews after 90 days are rarely favorable and that habeas relief may become available after 180 days.

Rounds also touched on various asylum issues:

  • Existing 5-year EADs remain valid and are not shortened by recent changes reducing EAD validity to 18 months for new filings.

  • The national injunction on $100 annual asylum fees remains in effect.

  • There are no new updates on USCIS processing for individuals from countries subject to the January 1, 2026 travel ban; asylum decisions and benefit processing remain paused.

Participants also raised open questions—including how shortened EAD validity may affect Social Security number use (especially for minors), and how recent developments involving Venezuela may impact Venezuelan nationals in the U.S.—noting that these issues remain unsettled and require close monitoring.

Finally, rounds reaffirmed the importance of shared information flow across organizations: tracking detention activity, coordinating legislative advocacy through partners (with ACLU taking the lead this session), and directing community members to appropriate low-bono and referral pathways when full representation is not available. VAAP coordinates information sharing in multiple languages at www.vaapvt.org.

Also this week, VAAP and USCRI-VT proposed priorities for the BTV Police Chief search committee incl.: language access and cultural humility; frontline immigration documents/status awareness; clearer boundaries against perceived ICE entanglement; and a restorative-justice-centered culture reset.
In case you missed this VTDigger op-ed, Jill reflects on 2025’s due process wins and the work VT still must do in DOC facilities and the State House to ensure real legal access, clear information, and coordinated response in 2026.

LEARNING OPPORTUNITIES

VAAP is launching our inaugural Immigration Academy—a hybrid, day-long training (in person at the VAAP office + online via Microsoft Teams). It will orient Vermont attorneys (and those pending admission) to immigration law, policy, and practice, with registration and agenda details coming on the VAAP CalendarTo tentatively RSVP, email info@vaapvt.org.

The monthly gathering for northern asylum seeker service providers will take place Jan. 12 from 12–1pm. The agenda will focus on VT legislative advocacy, including an overview of the ACLU-VT’s Building a Firewall for Freedom campaign, which VAAP and Migrant Justice support. To RSVP or get the meeting link, contact Jan Steinbauer at jsteinbauer@comcast.net.

🧭 "Recognition & Accreditation" Training: This free webinar on Jan. 12 introduces the basics of integrating immigration legal services into a community-based organization through practitioner Recognition & Accreditation. Hear from organizations sharing proven approaches to launching high-quality, low-cost, and federally compliant immigration legal services and responding sustainably to rising community need. Register here.

📝 VAAP highly recommends the National Immigration Project's online Removal Defense Course (Jan. 20–Feb. 26) for newer defense attorneys, accredited reps, and new supervisors. Includes live webinars, recordings, and 18 CLE. Register here by Jan. 12.
🏢 Know-Your-Rights: Join the Nat'l Immigration Law Center on Jan. 26 at 1PM for a free, live webinar on noncitizen workers' workplace and reverification rights. English/Spanish interpretation; no recording but slides shared. Register here.

FROM OUR PARTNERS

The bullets below are VAAP’s highlights from longer updates shared recently by Vermont’s State Refugee Office to the Refugee and Immigrant Service Providers Network (RISPNET).
  • Message to New Vermonters: Refugees and other displaced Vermonters are valued in Vermont’s communities, workplaces, schools, and service networks.

  • Community impact this week: The Office reports widespread fear, shame, and uncertainty among refugees following recent events and federal policy announcements—alongside gratitude for support already shown by Vermonters.

  • Reaffirmation on refugees: One person’s alleged actions do not represent refugee communities; refugees remain welcome, and the Office emphasized extensive vetting prior to arrival.

  • Discrimination reporting: AG Civil Rights Unit — ago.civilrights@vermont.gov or (802) 828-3657.

  • Mental health support: Call/text 988 (multilingual support available).

  • Unconfirmed reports re: refugee re-interviews/LPR adjustments: SRO notes media claims about possible re-interviews for refugees who arrived 2021–2025 and possible impacts on local refugee green card adjudications, but Vermont has no official confirmation of local implementation yet; Vermont’s congressional delegation has requested clarification. Providers are asked to flag real-world signs of implementation with RISPNET (e.g., re-interview notices or adjustment delays/cancellations).

  • Bottom line: SRO will share verified updates as available and reaffirmed: Refugees remain welcome in Vermont.

The Attorney General's Office (AGO) is hosting a free criminal record-clearing clinic on Jan. 15 in Brattleboro to help eligible Windham County residents seal or expunge qualifying convictions and dismissed charges by appointment at Brooks Memorial Library. Contact the AGO.
FROM OUR TEAM

As we move into the new year, we want to close by sharing a bit about how we are thinking about scaling our team and impact right now—in ways VAAP and VT can sustain.

VAAP is seeing extraordinary need at a time when the law is increasingly volatile and systems increasingly strained. At the same time, internally our own team is in a period of transition, including bittersweet bar study leave and exciting new staff onboarding.

🪴Four new attorneys incoming

Regarding incoming staff, we are preparing to onboard two new community-based immigration lawyers serving Central and Southern Vermont through the VAAP-VLA Community Lawyering Initiative (announcement forthcoming). We are also finalizing recruitment for two more Practice Development Fellows who will begin providing immigration legal services with VAAP part-time (announcement forthcoming). Recruitment and onboarding takes time to get right, and we are so excited to make this increased attorney capacity a felt resource in your communities in the coming weeks!

🪴Two attorneys on bar leave

Regarding departing staff, we are preparing to wish Catalina and Cami, our two Immigrant Justice Corps Fellows/Law Graduates well as they begin their rite of passge into attorney licensure by going on leave to study for the Bar Exam full time through March 2.

All of this is good news for long-term capacity—but it also means short-term staffing flux. In moments like this, it can be tempting to do more and more, faster and faster. Instead, we are choosing a different path: being deliberate about what we take on, how we take it on, and what we can responsibly sustain.

🪴Rightsizing attorney workload

Over the past few weeks, our staff has been doing careful, collective planning around workload, pro bono supervision, and new intakes. We have been grounding those conversations in a simple but demanding question: What do we actually have the capacity to support right now, week to week, without risking harm?

To answer that, we are looking closely at how our advocates’ time is already allocated—across direct client representation, supervision of pro bono attorneys, coordination with community partners, compliance and administrative requirements, and the less visible but essential work of training, planning, and quality control. In particular, we are accounting for the fact that staff attorneys’ time is not only spent on active cases, but also on managing transitions, responding to complex operational demands, and ensuring continuity for existing clients and pending referrals from community-based organizations.

🪴Rightsizing mentorship workload

We are also being explicit about what responsible pro bono mobilization and partner mentorship requires. Each new pro bono attorney or team draws on a finite amount of VAAP staff attorney judgment and oversight, especially at the outset. That reality shapes how many volunteers we can onboard at once, and how many new cases we can accept, even when there is strong interest and goodwill.

What has emerged from this planning is a clear, values-driven approach. This month, we are redistributing existing asylum cases to ensure continuity of representation. We are also mobilizing a limited number of additional pro bono attorneys/teams, with defined scope and strong supervision. And we are reviewing our capacity weekly—comparing what we project with what actually happens—so that we can adjust responsibly rather than making promises we cannot keep.

🪴Staged reopening of intake

This also means that VAAP is planning a staged reopening of intake, paired with a structured approach to onboarding new staff and pro bono teams as capacity comes online. When we do accept new cases for full representation, we are guided by several factors together: whether a legal claim is viable and safe to pursue, the urgency of the situation, the barriers a client faces in accessing counsel, the likelihood that legal intervention will meaningfully change the outcome, and our current ability to provide sustained, ethical representation.

For the upcoming months, this will continue to mean that full representation is offered more selectively, while we continue to provide referrals, information, and limited support wherever possible. These decisions are not about the importance of any one person’s case. They are about our responsibility to do this work well, not just urgently.

🪴Choosing sustainability, together

Sustainability is not a retreat from our mission. It is how we stay in it for the long haul. By pacing ourselves, supporting our staff and volunteers, and being transparent about limits, we protect clients, preserve trust, and build the capacity to grow responsibly.

We are deeply grateful to our board, our pro bono partners, our funders, our community, and all of you for engaging in this work with honesty and care. We're also excited for the conversations ahead, including reports from our upcoming staff retreat, where we’ll continue to imagine what durable, just legal support can look like for Vermont.

Thank you for being part of this community, and for standing with us as we choose sustainability together.

🪴Thank you for your support!

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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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