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
⚖️Meeting the Moment, Building for the Future🌱
This month, conversations with our community partners have prompted us to reflect on just how much VAAP's work has changed over these first few years. In our earliest days, much of our work focused on helping people take the first steps toward securing legal status, including preparing and filing initial I-589 asylum applications in clinic-style formats. But as immigration enforcement patterns have shifted, we've had to learn how to adapt our work to meet increasingly urgent and complex legal needs.>
Today, much more of our team's time is devoted to responding to detention, deportation proceedings, and other emergencies that require immediate legal intervention, most of which does not make headlines. At the same time, many people we helped with initial asylum applications are now being called for interviews and hearings, often needing continued representation that our limited capacity does not always allow us to provide.
We move fast on these life-or-death legal matters while also navigating significant operational and staffing transitions. We did what we could to minimize disruption to intake workflows while bidding farewell to two of our longest serving staff attorneys, welcoming our newest legal fellow, and catching up to our summer growth with the creation of two new director-level attorney positions. Transition planning for the Vermont Immigration Legal Defense Fund (VILDF) has also taken longer than anticipated, requiring additional coordination and planning as we work to ensure continuity of services.
Much of this work happens behind the scenes, but it is essential to building a legal services system that can respond to growing needs long-term without relying on unsustainable workloads. Developing clearer intake and data systems, coordinating with partners, training and supporting new attorneys, and determining how to divide responsibilities across organizations all take time and resources. We know the time we spend on these efforts can sometimes feel like additional hurdles for people seeking our legal help. But the goal is to build a lasting, more equitable, more coordinated system in which no single organization is expected to do everything and from which more people can receive the help they need over the long term.
In October, VAAP received 44 new requests for legal assistance, including 12 from people in immigration detention. We assigned 12 consultations, shared legal resources in 11 instances, and screened another 17 people during our routine detention facility visits to assess their legal needs and possible options for representation. Unfortunately, the demand for immigration legal services in Vermont continues to far exceed our collective capacity.
Below, we share more about how we prioritize requests for assistance. Our Advocacy and Pro Bono Directors also discuss how we are working to close the capacity gap that remains in their contributions to this issue:
First, we're working to expand the pool of qualified immigration attorneys in Vermont who can practice ever-changing law, by mentoring and mobilizing pro bono attorneys to take on particular case types that are amenable to volunteer rep and would otherwise go unrepresented. This requires more than simply recruiting volunteers: it means building the training, mentorship, referral processes, and ongoing support that allow attorneys with different backgrounds to contribute effectively and responsibly. Read more about these efforts below, including about VAAP's participation in the recent Celebrating Pro Bono Conference at the State House.
Second, we're advocating for the structural changesneeded to make access to immigration legal services sustainable and equitable. That means working with lawmakers, government agencies, and community partners to build stronger legal services infrastructure, while also advocating for policies that protect immigrant Vermonters' rights beyond the courtroom. Advocacy Director Erin Jacobsen provides an update below on these efforts at the local, state, and federal levels.
And even amid these constraints, our work is making a difference:
October brought some remarkable victories for our clients and legal team. In late September and into October, Erin successfully pursued two federal habeas petitions challenging clients’ detentions, working alongside Migrant Justice, supportive community members, governmental partners, and other immigration attorneys. After intensive legal work, both clients were released from detention, finally able to return to their communities.
In another case, Catalina successfully helped a Ukrainian client secure approval of her re-parole application after months of waiting and responding to additional requests for evidence.
Just this morning, Bria secured a longtime MA resident's release from Vermont Corrections custody on $5,000 bond, after being detained by ICE for an entire month despite medical concerns. The immigration judge noted that he found the client's myriad support letters compelling, a good reminder that support letters from loved ones who personally know detained people make a real difference!
These victories come amid some encouraging national developments: while two thirds of bond requests were denied in FY2026, according to the Transactional Records Access Clearinghouse (TRAC), immigration judges granted bond to 2,646 people in September, the highest monthly number in two years.
And this month brought some wonderful news for our team, too!
Please join me in celebrating our extraordinary Deputy Director Devon Ayers, who is being honored with the Vermont Bar Foundation's Guen Gifford Award at tonight's Justice Gala. The award recognizes extraordinary dedication to providing free legal assistance to vulnerable and low-income Vermonters. We couldn't be prouder of Devon and we're so grateful to have her on our team!
We also have four more reasons to celebrate: VAAP attorneys Catalina, Bria, Devanne, and Devon were sworn in at the Vermont State House on October 29! Their admission to the Vermont bar represents an important addition to our state's legal community and to the growing network of attorneys equipped to serve immigrant Vermonters.
Looking ahead, next month we'll be launching a white paper examining what Vermont needs to build a robust, sustainable immigration legal services system. Drawing on research into the state's existing legal services landscape, gaps in representation, and opportunities for coordinated investment, the paper will offer concrete recommendations for building the infrastructure our communities need.
It will also help inform our advocacy during the upcoming legislative session, when we'll be asking lawmakers to help address the persistent gaps in access to legal representation.
This is not a challenge VAAP, or any single organization, can solve alone. Every Vermonter has a role to play, whether by supporting community organizations, volunteering their skills, engaging with lawmakers, or helping build the public commitment needed to ensure our immigrant neighbors can access qualified legal assistance.
Until then, we thank our clients for the trust they place in us, our community partners for the extraordinary work they do supporting people through every stage of their immigration journeys, and to our staff, volunteers, and supporters for continuing to show up.
There is much more work ahead, but there is also much to celebrate, and much we can build together. Onwards!
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 about why universal representation is an achievable goal in Vermont, and why coordinated state infrastructure is essential to making it a reality. Today, I'm pleased to share an important development on that front, alongside new efforts to protect immigrant communities at state and federal levels.
Overall, these efforts are connected by the same principle: protecting immigrant rights requires more than responding when something goes wrong. It means building the institutions, laws, and community resources that make those rights meaningful in everyday life.
A Significant Step Toward an Office of Refugees and Immigrants in Vermont
Following the passage of Act 29 in 2025, Vermont established a study committee to examine the creation of an Office of New Americans. The committee has now published its report, recommending that the state expand its existing State Refugee Office into an Office of Refugees and Immigrants, serving refugees and other immigrants alike.
The report makes three central recommendations:
Expand the scope of the current State Refugee Office to include both refugees and other immigrants, and call it the Office of Refugees and Immigrants.
Establish an Advisory council to guide the work of the office with representatives from community, state government, and institutional partners reflecting lived experience
Add a number of additional duties to improve access and opportunities to services, and add three new full-time staff: an Employment/Workforce Coordinator, a Legal Services Coordinator, and a Licensing and Post-Secondary Coordinator.
VAAP strongly supports the creation of an Office of Refugees and Immigrants. Vermont would join a bipartisan network of 24 other states that have established similar offices. Senator Martine Larocque Gulick, who sponsored the legislation launching the initial study, intends to introduce a bill implementing the study committee’s recommendations during the upcoming legislative session.
This is exactly the kind of coordinated investment we've been advocating for. Immigration legal services cannot depend indefinitely on a patchwork of overstretched organizations and individual advocates. We need durable public infrastructure that helps support workforce and economic development, liaises between immigrant communities and state government, and connects people with legal assistance and other essential resources, wherever they live in Vermont.
ICE OUT and Burlington's New Executive Order
We're also encouraged by new efforts to strengthen protections against immigration enforcement in places where Vermonters live, work, learn, and seek services.
In October, the ACLU of Vermont launched their ICE OUT campaign in partnership with Migrant Justice and VAAP. The campaign helps communities understand and exercise their rights under Vermont laws, including the Constitutional Accountability Act (H.849) and Act 150, which established new protections for sensitive locations. The ACLU has developed Know Your Rights materials and signage for sensitive locations and private businesses, giving community members and institutions practical tools to understand their rights and responsibilities.
Burlington Mayor Emma Mulvaney-Stanak also recently signed a new Executive Order, reinforcing the city's approach to protecting immigrant community members. We welcome this local action alongside the statewide ICE OUT campaign.
Importantly, laws and policies are only as meaningful as their implementation. Schools, healthcare providers, businesses, local officials, and community organizations all have a role to play in ensuring these protections are respected in practice. We're grateful to the ACLU, Migrant Justice, and local leaders for for creating practical resources for our communities and fighting to ensure that legal protections are more than just words on a page.
Protecting Access to Essential Services: Public Charge Policy
Finally, I want to highlight an important development at the federal level. Congresswoman Becca Balint has signed on as a co-sponsor of H.R. 10045, the Protect American Values Act, which would prohibit the Department of Homeland Security from using federal funds to implement its new public charge rule.
Public charge policies can have profound consequences for immigrant families. When access to food assistance, healthcare, or housing is treated as a potential immigration liability, people may be discouraged from seeking the support they need, even when they are eligible for it.
We appreciate Congresswoman Balint's attention to the harms associated with restrictive public charge policies and the importance of ensuring that immigrant families can access essential services without unnecessary fear.
VAAP is grateful for the partners that work with us at the local, state and federal level. As we approach the legislative session, we will continue advocating for stronger legal services infrastructure, meaningful protections against harmful enforcement practices, and policies that allow all our neighbors to live with dignity and security in Vermont.
FROM OUR PRO BONO DIRECTOR
Hi, VAAP Community!
I'm Maggie Frye, Pro Bono Director at VAAP, and I'm excited to share about the work we're doing to expand pro bono opportunities at VAAP.
Before joining VAAP, I worked with volunteer attorneys through a court clinic program providing limited legal representation to low-income Vermonters.
That experience showed me just how much we can accomplish when we make it easier for attorneys to contribute their time and expertise, even if they can't commit to taking on an entire case. My goal at VAAP is to create opportunities for attorneys with all levels of experience. You don't have to be an immigration attorney to make a meaningful contribution! We're developing new volunteer opportunities, along with the training and mentorship needed to help attorneys feel confident taking them on.
There are many ways to get involved, from representing clients in individual immigration matters to assisting with intake, consultations, and detention visits. We're also looking to draw on the expertise of attorneys in other practice areas, including family law and tax law, where legal questions frequently overlap with immigration matters. Beyond the legal community, I'm working to build relationships with medical and mental health professionals who can assist with forensic evaluations and psychiatric evidence when needed in our clients' cases.
Whatever your experience or availability, we'd love to explore how your skills might fit into our work.
Building Skills and Connections at the Pro Bono Conference
On October 29, I had the pleasure of joining my colleague Bria Yazic to facilitate a panel on Working Effectively with Interpreters at the Vermont Bar Association and Vermont Bar Foundation's Celebrate Pro Bono Conference.
We were joined by VAAP interpreter volunteers Sara Stowell and Katy Gimma, VAAP board vice president and volunteer interpreter Kate Paarlberg-Kvam, and immigration attorney Becky Fu von Trapp for a rich conversation about the role of interpretation in ensuring meaningful access to justice.
Together, we explored attorneys' ethical responsibilities when working with interpreters, the importance of quality interpretation, and how to recognize and respond to challenges that can arise in interpreted legal settings. These are essential skills for attorneys across practice areas, whether they're appearing in immigration court, state court, or before administrative agencies.
Pro Bono Spotlight: Elena Chennoufi
We also want to highlight the work of one of our wonderful volunteer attorneys, Elena Chennoufi. She is a New York-based immigration attorney who has been practicing U.S. immigration law since 2022.
Originally from France, Elena studied law in the UK, France, and the US and now focuses primarily on employment-based and family-based immigration matters in private practice. Outside of that, she volunteers with organizations including VAAP where she currently represents clients in a U visa case and an asylum case. Elena says:
"Having navigated the U.S. immigration system myself, I see pro bono work as a way to stand beside people facing danger or upheaval and to stay grounded in why immigration law matters in the first place. Because people in immigration proceedings do not have a right to government-appointed counsel, I believe attorneys have a responsibility to help fill that gap when we can. Working with VAAP has been an incredibly meaningful way for me to do that."
We're so grateful to Elena for the care, initiative, and commitment she brings to her clients and to our team. Her work is a wonderful example of how attorneys can make a difference through pro bono representation, even from outside Vermont.
Interested in volunteering with VAAP?
Whether you're an experienced immigration attorney, practice in another area of law, or are simply curious about getting involved, we'd love to hear from you. Together, we can expand access to legal representation for immigrant Vermonters and help build a stronger, more connected pro bono community. Reach out to info@vaapvt.org to learn more!
FOR YOUR CALENDAR
November 2026:
TONIGHT: 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.
11/12–13: join the NASW Vermont Conference, where VAAP ED Jill Martin Diaz will join a panel with ACLU of Vermont and Bridges to Health. Fellow panelist Jen LeFebre surveyed clients about their unmet needs and received an overwhelming response, offering valuable insights for helping professionals and volunteers alike. We encourage everyone to review the survey responses!
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!
How we prioritise
As demand for immigration legal services continues to exceed available capacity, VAAP is working to make our decisions about which cases we can take on more transparent, consistent, and equitable.
When reviewing requests for legal assistance, we consider several factors, including:
Urgency and risk: Is someone detained, facing deportation, or facing an urgent legal deadline?
Access to legal services: Is comparable legal assistance available elsewhere, or are there significant barriers to accessing it?
Equity and community needs: Does the request involve historically underserved communities, language barriers, or needs identified by our community partners?
Potential impact: Could legal intervention prevent serious harm or make a meaningful difference in someone's case?
Our capacity: Can we take on the work responsibly without compromising our existing commitments to clients?
Not every request will result in full legal representation. Depending on the circumstances and available capacity, VAAP may be able to offer a consultation, brief legal advice, limited representation, mentorship through a pro bono attorney, or a referral to another provider. In some cases, we may not be able to take on the work.
This does not mean that someone's circumstances or need for help are unimportant. It means we have to make difficult decisions about how to use limited resources while remaining accountable to the people and communities we serve.
This framework is an initial step, and we will continue evaluating our decisions, intake data, community needs, and capacity to understand where gaps in legal services remain and how we can better respond.
We are committed to communicating clearly about what VAAP can and cannot offer, strengthening collaboration with community partners, and working toward more equitable access to immigration legal services across Vermont.
📍Here are key takeaways from our Community Case Rounds on 11/3/2026:
Address changes for asylum seekers: Applicants should keep their physical address updated with USCIS using Form AR-11, even if they move frequently. An attorney's address may be used as a mailing address when necessary, but should not replace an accurate physical address.
Asylum interview locations: When affirmative asylum applicants update their address with USCIS, their interview location is generally reassigned to the asylum office serving their new address.
Civil penalties for failure to depart: Community members reported receiving substantial DHS fines for failing to comply with removal orders, including one exceeding $355,000. These penalties are real, but questions remain about their enforcement and legal consequences. Anyone receiving such a notice should seek individualized legal advice promptly.
Employment Authorization Document (EAD) renewals: Processing delays and changes to automatic extensions are leaving some asylum seekers at risk of losing work authorization, employment, and driver's licenses. Applicants should plan renewals well in advance, check USCIS processing times, and verify current filing fees before submitting applications. Some participants reported faster processing of asylum-based EAD applications.
Preparing for asylum hearings and possible removal orders: Families approaching final hearings should discuss possible outcomes with an attorney and consider emergency plans for children, including guardianship arrangements where appropriate. Detention following an adverse decision is not automatic, but risks depend on individual circumstances. Illinois Legal Aid offers resources on immigration proceedings and removal orders.
Family-based immigration petitions: Family petitions can benefit relatives already living in the United States, but eligibility to adjust status depends on immigration history and other factors. People who entered without inspection may face additional barriers. A pending I-130 petition does not, by itself, provide work authorization or protection from deportation.
Increased immigration vetting: Participants discussed a shift toward more continuous background screening of noncitizens with pending immigration applications, including FBI-related privacy notices.
Unauthorized employment: Working without authorization can have immigration consequences, although exceptions and waivers may apply depending on the person's circumstances and immigration pathway. Individuals should seek legal advice before making decisions that could affect future applications.
VAAP consultations remain available: Community partners can continue submitting intake requests, including for non-urgent matters and cases involving final removal orders. While representation cannot be guaranteed, VAAP currently has capacity to offer consultations.
Thank you for participating! Click here to register for our next Community Case Rounds on 12/1 at 10AM.
📍Becca Balint Visits ICE Facility in Burlington, MA
On October 16, Congresswoman Becca Balint joined Representatives Jake Auchincloss (MA) and Gabe Amo (RI) for an unannounced oversight visit to the ICE facility in Burlington, Massachusetts.
Although located outside Vermont,this facility plays a significant role in immigration enforcement in our state: many people arrested by ICE in Vermont are taken to the facility in Burlington, MA, for processing. From there, individuals may be transferred to detention facilities elsewhere in the region or beyond, often far from their families, communities, and legal support.
Balint focused particularly on the conditions facing women in ICE custody, which she found deeply concerning. The facility is designed for short-term processing, with stays of no more than 12 hours. Yet women are reportedly being held there for several days, wihout adequate access to food, beds, medical care, and legal counsel. Limited detention space for women elsewhere in the region has contributed to these prolonged stays.
Learn more about the visit, the conditions at the facility and the importance of continued congressional oversight and accountability:
Some refugees and asylees in Vermont have recently experienced difficulties when trying to renew their REAL ID Driver’s Licenses because their Employment Authorization Document (EAD) is expired and therefore cannot be used for the Lawful Presence requirement.
The DMV clarified that if a person has an expired EAD, they can instead use their I-94 document instead to meet the Lawful Presence requirement. They should hand in their I-94 with their application to the attendant at the DMV.
If they don’t have the I-94 document, they can ask the DMV to produce that document for them. They will need a write and sign a short note authorizing DMV to do so. Assuming the person is then validated in the federal SAVE system, this will suffice for the Lawful Presence requirement.
The DMV has educated their staff and supervisors about this recently, but it is possible that some staff may not be aware still. If speaking to DMV staff does who not understand that customers can use the I-94 as their residency requirement, they should ask for the supervisor.
📍Center for Migration Studies Research
This month, we want to highlight a range of interesting studies conducted by the Center for Migration Studies whose research we're contributing toward to ensure Vermont's needs and achievements are adequately highlighted:
📍Here are the key takeaways from VAAP's Attorney Case Rounds over the last month:
Immigration court practices and due process: Attorneys raised serious concerns about judicial conduct, including premature dismissal of asylum claims, inadequate interpretation, and challenges to attorneys who require DHS to meet its burden of proving removability. Participants discussed potential complaints, motions for recusal, appeals, and coordinated documentation of these practices.
Written pleadings and burden of proof: Attorneys discussed strategies for responding to allegations in Notices to Appear without improperly conceding removability. Particular attention was given to whether information in an existing I-589 asylum application could be used as evidence of removability.
Confidentiality in asylum proceedings: Attorneys emphasized the importance of protecting the confidentiality of asylum applications and requesting appropriate courtroom safeguards when sensitive case details are discussed.
Annual asylum fees: Participants reported inconsistent payment notices, unclear deadlines, and possible duplicate fee requests from USCIS and EOIR. Attorneys recommended carefully documenting payments, checking current fee requirements, and seeking clarification when necessary.
Sudan Temporary Protected Status (TPS): Attorneys discussed continued TPS protections and work authorization for Sudanese beneficiaries while awaiting further official guidance from USCIS.
Motions involving pending U visas: Attorneys discussed opportunities to seek DHS agreement to continuances or administrative closure in removal proceedings, particularly where clients are cooperating with ongoing criminal investigations.
Identity discrepancies and prior removal orders: A case involving a longstanding removal order and previously undisclosed use of another person's identity prompted discussion of attorneys' ethical obligations, correcting immigration records, and potential inadmissibility consequences.
Thank you for participating!Click hereto register for the next Attorney Case Rounds on 11/10 at 9AM.
📍VLGS Symposium: Civil Rights at a Crossroads
VAAP Staff Attorney Bria Yazic recently joined the Vermont Law Review's Symposium for a panel on Due Process on Trial: The Future of Constitutional Fairness. Bria challenged the common misconception that immigrants can simply “get in line” to obtain legal status, explaining that “the reality is that this line is not available for most people.” She discussed the erosion of due process protections through immigration detention and expedited removal, emphasizing that “when you're in detention that removes so much access to due process.” Bria also raised concerns about the detention of people actively complying with immigration procedures and deportations to third countries.
Among the reforms she advocated for were moving immigration courts into the judicial branch and expanding access to work authorization. Reflecting on the emotional demands of this work, she shared, “I can't get pulled into everything or I won't be able to do anything.” Yet she also highlighted its tangible impact, noting that she helps secure someone's release from detention approximately every other month. We're grateful to Bria for bringing VAAP's frontline experience to this important conversation!
📍Join the VBA's Lawyer Referral Service!
We encourage all immigration attorneys willing to serve Vermont residents, whether based in Vermont or elsewhere, to join theVermont Bar Association's Lawyer Referral Service! Many people who contact VAAP seeking legal assistance indicate that they can afford to pay at least some legal fees, but struggle to find an available attorney. By joining the VBA's referral network, you can help us connect more people with qualified counsel, including those seeking private or reduced-fee representation. A stronger referral network means more options for immigrant Vermontersand a more effective way for VAAP and partners to help people find the legal assistance they need. To learn more, reach out to tbarrett@vtbar.org.
FROM OUR PARTNERS
📍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
See below for further updates about immigration in Vermont and beyond:
A heartfelt thank you to our partners who continue to show up for our immigrant neighbors and uplift the tireless work of our staff and volunteers! Your solidarity, collaboration, and commitment to protecting immigrant rights remind us of the strength of our communities and what we can accomplish together. See you at theJustice Gala?
