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
⚖️From the Court Room to the Picket Line📣
Greetings, VAAP community.
As we look back on September, I want to take a moment to honor Hispanic Heritage Month and recognize Vermont’s treasured Hispanic and Latinx communities. They are our clients, our colleagues, our friends and family members, and an integral part of the VAAP community. Across Vermont and the country, immigrant communities are pillars of our social, economic, and civic life and the future of rural resilience, as recent research from the Economic Policy Institute underscores.
Acutely aware of just how much we all stand to lose from policies of mass detention and deportation, VAAP worked tirelessly throughout September to protect the rights and dignity of dozens of clients--hard work brought some important victories.
This client had survived severe forms of persecution in their country of origin and had previously been detained by ICE following a discriminatory roadside stop here in Vermont. Collective and tireless advocacy by VAAP attorneys, volunteers, interpreters, and mutual aid providers allowed this client to pursue their asylum claim through a non-adversarial proceeding at the Asylum Office, rather than in conflict with ICE before the Immigration Court, despite their previous detention.
A few weeks later, we learned that asylum had been granted. As Catalina Londono, Immigrant Justice Corps Fellow and VAAP attorney of record, wrote when she shared the news with the rest of our team:
“Thank you! My heart feels so full right now. That sprint was a collective effort, and everyone, in one way or another, has supported [our client] through this god-awful process. Love you all so much. Thank you, thank you!!”
This was truly a community victory, and an important reminder that even now, our legal efforts can produce life-changing results. And it wasn’t our only major win in September.
Another VAAP client returned home after a remarkable immigration bond victory won by VAAP Staff Attorney Bria Yazic. Over the past year, advocates across the country have frequently had to turn to federal court and file habeas corpus petitions just to secure administrative custody redetermination hearings for detained clients, often in exchange for cash payment called, “bond.” In this case, VAAP filed both a habeas petition in the District of Vermont and a request for a bond hearing in Immigration Court. The Immigration Judge agreed that our client had a right to a hearing under recent federal circuit court decisions and granted a $7,500 bond. Support letters from the client’s employer, family, and friends helped make the case, who paid the client’s bond swiftly thanks to financial support from the Vermont Freedom Fund. Two days after the hearing, our client was home.
In addition, VAAP pro bono attorney Lila Shapero secured the termination of removal proceedings for another client by holding the government to its burden. When the government failed to submit evidence establishing removability within the time it had been given, Lila moved to terminate. The Immigration Judge granted the motion, eliminating the immediate threat that the client could be ordered deported in those proceedings.
These victories matter at any time. Right now, they feel especially important. New data from the Transactional Records Access Clearinghouse (TRAC) shows just how difficult the immigration court landscape has become: in June, 94 percent of asylum cases were denied nationwide, while nearly four out of five people whose cases were completed in July were ordered removed.
The odds are daunting, and there is no pretending this work is easy. Our team is managing an enormous volume of work responding to detention and keeping legal services moving across the state.Thanks, in part, to the new operational plan we agreed with the Vermont Department of Corrections, we enjoy remarkably smooth access to prospective clients in immigration detention and have continued screening and consulting with detained Vermonters on a weekly basis.
In September alone, our team conducted consultations with 14 people detained at Northwest State Correctional Facility, two of whom VAAP went on to represent. Beyond our detained work, we received intakes from another 44 people. Fourteen received consultations with VAAP or one of our Roundtable partner organizations, and we provided substantive legal resources to another 12.
Taken together, our September victories and the strides we are making in improving access to legal counsel for our immigrant neighbours across Vermont reminded us why we do this work. Advocacy matters. Good lawyering matters. Holding the government to its burden matters. And fighting for justice is worth it.
VAAP is doing so in many different ways, far beyond the courtroom. In recent weeks, VAAP joined civil rights leaders at the Vermont Human Rights Commission’s Civil Rights Summit to talk about how we can strengthen state-level protections in an increasingly hostile federal environment.
We also showed up alongside our partners from VLA, VAA and CJRC at Vermont Pride, celebrating and standing with Vermont’s LGBTQI+ community. These issues are deeply interconnected: protecting immigrant communities requires us to recognize and defend the dignity, safety, and rights of people across identities and movements.
We are continuing that work through our policy advocacy as well, as we prepare for the upcoming legislative session. You can read more about what we’re working on—and what lies ahead—in Advocacy Director Erin Jacobsen’s piece below.
There are some wonderful milestones within the VAAP team to celebrate, too:
Our Deputy Director, Devon Ayers was appointed to the Common Good VT Advisory Board, while VAAP Staff Attorney Bria Yazic is beginning her federal litigation fellowship through theImmigrant Justice Corps, alongside one of VAAP’s foundational staff members, Emma Matters.
We are also thrilled to welcome IJC Justice Fellow Aditi Kharod to our practice. Aditi is VAAP’s fifth IJC Justice Fellow and Vermont’s fifth, a milestone that reflects an important part of VAAP’s work: bringing new attorney resources into our state while providing the training, mentorship, and technical assistance that help grow Vermont’s immigration legal services capacity for the long term.
Congratulations to Devon, Bria, Emma and Aditi!
Finally, if you haven’t listened yet, a new episode ofMany Voices, One Vermont, the radio show we co-produce with CVRAN, USCRI Vermont, and the Vermont Language Justice Project, aired this past weekend. It includes a conversation our Outreach Coordinator Maja had with Dan Russell about his remarkableHill Climb for Habeas project, which he completed this June.
September gave us plenty of reminders of just how difficult this moment is—but also plenty of reasons to keep going. Thank you, as always, for being part of this community and for continuing to fight alongside us.
In a hurry? Click a subject link to jump to the corresponding section, featuring relevant resources, referral updates, policy and practice developments, and more:
In my last update, I wrote the troubling role Operation Stonegarden played in the detention and deportation of Vermont farmworker Alex Jimenez. Since then, our partners at Migrant Justice have continued to argue that Stonegarden is incompatible with Vermont’s Fair and Impartial Policing Policy.
We at VAAP agree: we cannot meaningfully separate local law enforcement from federal immigration enforcement while paying local officers to conduct patrols under Customs and Border Protection supervision. We join Migrant Justice and other community partners in calling on Vermont lawmakers to end the state’s participation in Stonegarden.
Meanwhile, Migrant Justice and communities across Vermont continue to respond when our neighbors are detained. Five construction workers detained in Londonderry last month have all since been released, for example, but victories like these require resources. The Vermont Freedom Fund has paid more than $50,000 in immigration bonds over the past month and is now running low. If you are able, please consider supporting the Fund so it can continue helping detained Vermonters return to their families and communities.
We also want to acknowledge Senator Peter Welch’soversight visit to Northwest State Correctional Facility, where he met directly with five people being held in ICE detention. We appreciate the Senator taking the time to hear directly from people experiencing this system and using his oversight role to call attention to what is happening in our state.
Following the visit, Senator Welch convened Vermont immigration advocates for a conversation at his office about recent enforcement activity and the impact on our communities. We were particularly grateful for the opportunity to discuss the consequences of mandatory detention and the importance of Senator Welch’s opposition to the Laken Riley Act. Since its enactment, we have seen how severe immigration consequences can flow from allegations alone, with extremely limited opportunities for timely judicial review. For us, the principle is straightforward: before the government detains someone, separates a family, or removes a person from the country, there must be a fair and accountable process for testing the government’s allegations and decisions.
But due process means more than oversight after someone has been detained. It also requires meaningful access to legal representation—which brings me to another major focus of our advocacy as we prepare for the legislative session: universal representation.
New data from the Transactional Records Access Clearinghouse (TRAC) makes the scale of that problem painfully clear. Nationwide, the share of people represented in completed Immigration Court cases has fallen from 63 percent in FY2021 to 32 percent in FY2026. The government has an attorney in every one of these proceedings; the person facing deportation does not have the same guarantee.
Here in Vermont, the numbers also show both the problem and the opportunity. Of 1,047 pending Immigration Court cases involving Vermont residents, 517—or 49.4 percent—have representation. Among the 30 new cases filed in the previous 90 days, just 10 people had secured counsel.
Compare that with Maine, where 70.5 percent of immigrants with new cases had already found representation—the highest rate in the country. Maine has made a concerted state-level investment in welcoming and supporting immigrants through its Office of New Americans. That is one more reason VAAP continues to advocate for a Vermont equivalent: coordinated state infrastructure matters, including when it comes to connecting people with legal help.
And Vermont’s relatively small numbers should give us another reason to act. Thirty new Immigration Court cases in 90 days is not an insurmountable number. In a state of our size, universal representation is an achievable goal. We should be working toward a system in which every Vermonter facing deportation has access to qualified legal counsel, regardless of their ability to pay.
Access to qualified counsel is one of the priorities we’ll be bringing into the upcoming legislative session. As we prepare, I’ll continue using this space to keep you updated on the policies we’re pursuing, the work of our partners, and opportunities for all of us to help build a Vermont where our immigrant neighbors’ rights are protected not only in principle, but in practice.
10/29: at this year's pro bono conference, hosted by the Vermont Bar Foundation, VAAP will be hosting a panel about working with interpreters! More details to come!
November 2026:
11/5: Annual Justice Gala at Burlington Beer Co. Hosted by the Vermont Bar Foundation, Vermont Legal Aid, and Legal Services Vermont. Join the legal and justice communities as we celebrate efforts to expand access to justice with music, great food, and awards honoring outstanding advocates.
11/10: come attend Common Good VT'sNonprofit Summit - VAAP ED Jill Martin Diaz will be part of the plenary.
FOR COMMUNITIES
📍Our new and improved intake formis live atvaapvt.org/help. In coordination with AALV, VAA, VLA, and CJRC, VAAP helps connect people to the right support at the right time in a way that is structured, ethical, and responsive. The form is available in English and Spanish, with more languages coming soon!
📍Here are key takeaways from our Community Case Rounds on 10/6/2026:
Detention trends remain unpredictable: Men are being held at Northwest State Correctional Facility, while women have generally not been held at CRCF recently except in limited circumstances. Detentions have followed border encounters, attempted or accidental crossings into Canada, and occasionally ICE check-ins. Most check-ins remain uneventful, but arrests do happen. Despite this uncertainty, it is crucial that people attend their required ICE check-ins. Individuals and their supporters are encouraged to prepare in advance, know their rights, and have a plan in place in case of detention.
Length of detention varies widely: There is no clear pattern for how long people remain detained before release or voluntary departure. The ICE Tracker project continues to monitor detention trends.
Address changes are important: People should keep both Immigration Court and USCIS updated about address changes, including temporary changes. Attorneys may be able to use a c/o address for clients without stable housing.
Employment background checks: The potential risk depends on the individual’s history. The group noted that background-check results generally go to the requesting employer, and employers are not obligated to report the results to immigration authorities.
EAD questions remain: The group discussed questions around work authorization for people with pending U visas and whether someone granted asylum needs to apply for an EAD or can instead use their I-94 to obtain a Social Security card. Further research is underway.
In-person vs. remote asylum hearings: There can be advantages to appearing in person, including interaction with the judge, but travel and stress are important considerations. The decision should ultimately reflect the client’s circumstances and preferences.
Finding of removability does not necessarily end a case: A finding of removability establishes that the government has grounds for removal, such as unlawful entry or a visa overstay. The next question is whether the person has relief or a defense against removal, such as a pending asylum application.
Chelmsford transportation support: Community members may be able to help with rides and even overnight accommodations for people who need to travel to hearings in Chelmsford.
Thank you for participating! Click here to register for our next Community Case Rounds on 11/3 at 10AM.
📍New VTLJP Video: Working with an Immigration Lawyer
The Vermont Language Justice Project, in collaboration with VAAP, has created a new video resource to orient communities to the process of finding and working with an Immigration Lawyer. The video is currently available in Spanish and French, with more languages coming soon.
📍RISPNET Update
Here are VAAP's key takeaways from the 10/2 RISPNET Update:
Some welcome immigration case approvals: Around 10–12 green card applications were approved this month after long waits, a positive development after months of very little movement. An asylum claim was also approved, which RISPNET notes has become particularly rare. Asylum and refugee status provide a pathway to permanent residency and eventually citizenship.
Medicaid coverage ended for adult refugees and asylees: An estimated 200–230 adults in Vermont have been affected. Additional Medicaid changes taking effect January 1—including increased income documentation and work requirements—will affect adult Medicaid recipients more broadly, including green card holders and other lower-income non-citizens. Service providers should anticipate increased requests for help navigating the new requirements.
Governor Scott called for broader refugee resettlement: Following the federal announcement that it would approve 17,500 Afrikaner refugees, Governor Scott wrote to President Trump asking the federal government to admit more refugees and welcome people from a broader range of countries. His letter highlighted refugees’ contributions to Vermont, the importance of helping people fleeing persecution and war, and the need for a humane immigration system.
📍Providers Against Public Charge Sign-On Letter
Protecting Immigrant Families (PIF) is collecting signatures from frontline providers calling on Attorneys General to take action against the new public charge rule. Learn more and add your name to the sign-on letter to express your opposition to the harm this rule causes for immigrant families.
📍Community Explainers
In light of the recent Public Charge and Medicaid changes see below for relevant resources on immigration status sensitive assistance programs:
📍Here are the key takeaways from VAAP's Attorney Case Rounds over the last month:
USCIS biometrics notices: Several attorneys reported clients receiving unusual notices explaining USCIS’s use of biometric information, including in naturalization and green card cases. Some notices contained odd or incomplete identifying information but did not request any action. The reason for the notices remains unclear.
Removal proceedings and DHS burden: The group clarified that DHS has 60 days to provide evidence establishing removability. Attorneys discussed using written pleadings and holding DHS to its evidentiary burden, including seeking termination if DHS fails to establish removability.
Webex appearances: An interpreter can be physically present with the attorney and client while they appear remotely by Webex. Some scheduled master calendar hearings may ultimately be vacated and replaced with scheduling orders.
Chelmsford Immigration Court: The group flagged serious concerns about the handling of cases by one judge, including reports of pretermission and efforts to order people removed at master calendar hearings.
Asylum victory: An attorney reported a recent asylum grant for a Guatemalan client involving a family-based particular social group and domestic violence persecution. The discussion suggested that family-based claims may continue to be viable in appropriate cases.
Thank you for participating!Click hereto register for the next Attorney Case Rounds on 10/13 at 9AM.
📍H.R.1 Fees Related to Enforcement
New immigration enforcement fees remain in effect, including fees for some people apprehended while considered inadmissible, apprehended after an in absentia removal order, or granted parole. We are already seeing the impact: one client is facing a $5000 fee simply as a result of being arrested. For more information about when these fees apply, see CLINIC's FAQ on H.R. 1 enforcement-related fees.
We’ve seen firsthand how powerful that solidarity can be: members of Steven Tendo’s union stood with him throughout his immigration case, support that we observed was instrumental in the continued exercise of favorable discretion in his case. From the dairy farm to the hospital, workers are showing what it means to stand up for one another.
📍Become a 2027 ICJ Fellow!
Applications are open for the 2027 Immigrant Justice Corps Justice Fellowship! The fellowship trains recent law graduates to become immigration law experts while providing legal services through nonprofit and community-based organizations across the country. Applications are due October 18, 2026 at 11:59 pm. Learn more and apply here.
📍Job Opportunity at ACLU Vermont
The ACLU of Vermont is hiring a full-time Paralegal! Based in Montpelier with a hybrid schedule, the position will support ACLU-VT’s attorneys and civil rights litigation in state and federal court. Applicants should have at least three years of relevant paralegal experience. Applications are due October 25. Learn more and apply here.
📍Job Opportunities at Bridges to Health
Vermont's Free and Referral Clinic's Bridges to Health Program seeks three bilingual (English/Spanish) Community Health Workers: one Benefits Navigator (hybrid/remote) and two Regional Community Health Workers in northeastern and central Vermont. Applications are accepted until filled.Learn more and apply here.
📍Job Opportunities at ILAP Maine
The Immigrant Legal Advocacy Project (ILAP) in Portland, Maine is hiring for two positions on its Detention Project! ILAP is seeking a Staff Attorney/Senior Staff Attorney to represent people detained by immigration officials in custody and bond proceedings, as well as a Legal Assistant for a two-year fellowship supporting the project’s legal screening and assistance work. Learn more and apply here.
📍Recommended Newsletters
If you're curious to learn more about what our partner organisations are working on, have a look at the partner newsletter section on our website which we update regularly!
FROM THE MEDIA
VAAP ED Jill Martin Diaz in Vermont Public: "The increased scrutiny of ICE has led to some positive developments locally, said Jill Martin Diaz, executive director of the Vermont Asylum Assistance Project. They cite an outpouring of support for the immigration legal defense fund and more opportunities to challenge ICE’s tactics in court. Still, Martin Diaz said they’re surprised disapproval rates in the Vermont Public poll weren’t higher. “I would have supposed based on everything that the communities learned over the last few years, that there was a bigger, a stronger majority agreement that ICE, as this uncheckable, untrackable branch of federal civil law enforcement, is a harmful institution,” Martin Diaz said."
See below for further updates about immigration in Vermont and beyond:
From the courtroom to the picket line, this month has reminded us what is possible when people stand together. Thank you to our clients, partners, volunteers, interpreters, pro bono attorneys, donors, and community members for showing up for one another, and for proving, again and again, that solidarity makes a difference.
