July 11, 2025

VAAP News Alert: Heidi and Nacho Are Coming Home!
Website
Email
Facebook
Instagram
LinkedIn
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 immigrants and community members; maximize impact across sectors; and advocate to protect immigrants’ rights. Join us: www.vaapvt.org.

NEWS ALERT: VICTORY!

🕊️ Heidi and Nacho are Coming Home Thanks to YOU!

We're thrilled to share the joyful news that VAAP clients Heidi and Nacho, cherished colleagues and leaders within the Migrant Justice community, are finally free after nearly a month of unjust ICE detention. 

Their release represents not only life-saving personal triumph, but also critical affirmation that the rule of law prevails. 

This landmark victory was made possible by Heidi's and Nacho's own courage, the tireless dedication of our legal and community partners, and the unwavering solidarity of people like you!

Victory Through Collective Action

On June 14, Heidi and her stepfather Nacho were violently detained by U.S. Border Patrol while delivering food to farmworkers in Franklin County, Vermont. Agents pulled them over without cause, smashed their car window, and tore them from their community. 

But they didn’t face this injustice alone. Thanks to the courageous legal advocacy of Migrant Justice, the Center for Justice Reform Clinic, and VAAP, Heidi and Nacho challenged the constitutionality of their detention in federal court while simultaneously contesting their deportation in immigration court. Yesterday, the team secured immigration bond and won their release.

Today, Heidi and Nacho are exiting ICE custody and coming home safe, where they can continue to fight their deportation surrounded by family and community. This hard-won result is a testament to the extraordinary power of collective care:

  • 📢 Hundreds mobilized at protests across Vermont.
  • 📬 Thousands raised their voices, flooding ICE with messages demanding release.
  • 📖 Dozens of volunteer attorneys and legal workers mobilized on short notice for continuing legal education on detention defense, immigration bond litigation, and habeas bail litigation. 
  • 🍉Dozens more legal workers and lay advocates mobilized on short notice for legal observer training.
  • 💸Heroic hours of no-cost legal assistance was provided in federal judicial and administrative courts, and bond was paid by the Vermont Freedom Fund, all powered by your generous support.
  • ⚖️ Legal and paralegal interns, volunteers, partners, and technical assistance providers gave their time, brilliance, and hearts to this groundbreaking effort, from which we plan to learn and scale.
  • 🌱 Historic financial support from a growing ecosystem of visionary funders — ranging from independent women's groups to foundations to the Vermont Immigrant Legal Defense Fund to individual contributors to monthly donors — kept us focused on the complex legal work at hand.
Why Local Access Matters

At VAAP, we’re especially mindful that our swift and successful legal intervention in Heidi and Nacho’s case was only possible because they were detained locally, within driving distance.

We urge our partners and policymakers to be cautious when calling for a blanket ban on ICE detention in Vermont, as it could unintentionally increase harm for detained individuals. As unjust as any detention is, local access can mean the difference between freedom and disappearance.

Our clients detained in remote facilities in Louisiana and Texas are nearly impossible to reach. Barriers to contact, limited interpreter access, poor phone and video connections, delays in securing signatures and submitting filings, and hostile benches all intensify the trauma of detention and the barriers to due process of law.

The Work Ripples Forward

This victory is already fueling more freedom. Yesterday, AALV and VAAP-supported pro bonos used habeas corpus templates developed in Heidi and Nacho’s cases to secure a Temporary Restraining Order (TRO) for a lawful permanent resident detained by Border Patrol over the weekend.

You're doing it, friends. From case law to community care, the ripple effects of your solidarity are real and growing. 

➡️ Please consider a donation to the Vermont Freedom Fund to ensure others still unjustly jailed can return home, too.
➡️ Check out local coverage of Heidi and Nacho's relaese by VT DiggerVermont Business MagazineNBC5, and WCAX.
⬇️ Read on for more news and updates on VAAP programming.

With love, grit, and deepest gratitude,
The VAAP Team

Donate to VAAP

LEARN WITH VAAP

⚠️ Detention Trends: Local Impact & New Tracking Tools

Enforcement activity in Vermont continues to rise and appears disproportionately high for a state of its size and population—likely due to the outsized presence of Department of Homeland Security (DHS) offices and intensified border patrol operations across the region.

Detention has always been a tool available at ICE's discretion when enforcing alleged removability against noncitizens, and Vermont has lagged behind similarly situated states in developing and sustaining infrastructure to hold ICE accountable for well-documented patterns of abused discretion that predate the current federal administration. For too long, ICE abuses of discretion in how it detains and summarily deports Vermonters have been insulated from meaningful accountability or review. But not anymore.

Today, most detentions are stemming from a combination of ICE community patrols and collateral arrests of allegedly removable people; targeted enforcement of individuals with prior criminal arrest histories; supervision check-ins for those with prior immigration removal orders; and apprehensions at the northern border. Lack of probable cause and evidence of racial profiling are increasingly common.

Detained individuals are typically transferred out of state to nearby ICE facilities within hours or days of apprehension, separating them from family, community, and legal support. Atypical is the trend of relocating people to far-flung places like Texas and Louisiana, where access to counsel or a full and fair hearing is extremely diminished.

Given the acute shortage of immigration counsel in Vermont, the vast majority of detainees are unrepresented at the time of arrest. Without a detainee's name, date of birth, and "A-number"—or physically locating someone in a detention facility—it becomes nearly impossible to provide people with outcome-changing legal assistance. These representation gaps are especially severe for individuals held in southern U.S. facilities, compared to those detained in New England (as was common before 2025).

Fearmongering to drive immigrants to waive their rights through self-deportation is the strategy. It's a cost-effective way of achieving mass-deportation policy goals. The administration continues to make examples out of outlier cases with ingregious injustices to sow chaos, confusion, and control. This was the case with Mohsen and Rumeysa, and continues to be the case today

One stark example involves a VT/NH Asylum Support Network supported asylum seeker from the African continent—who has no criminal history and a pending meritorious I-589 asylum application—who ICE detained during a routine "check-in" in St. Albans for no discernable reason. He remains in ICE detention in the south while VAAP advocates challenge his removal and seek release on bond (now complicated by the recent Matter of Q. Li decision, which restricts bond eligibility for “recent arrivals”). To our knowledge, this is the only recent case in Vermont where an individual in good standing with a pending asylum application has been detained at a check-in under these circumstances.

Another outlier involves a green card holder, also from the African continent, who also lacks any criminal history but who Border Patrol detained on reentry from Canada citing an alleged discrepancy relating to the Visa Bulletin data published during the person's earlier adjustment of status. Partners at AALV and pro bono co-counsel supported by VAAP have already secured a Temporary Restraining Order in federal district court to prevent ICE from unnecessarily transferring this person while counsel requests release on bond and prepares available defenses against removal. To our knowledge, this is only the second recent case in Vermont where a lawful permanent resident has been detained on non-criminal charges of removability (the other being Mohsen Mahdawi).

Note how both cases align with the overarching, historical, and institutional prevalence of anti-Blackness in immigration enforcement.

In response, VAAP and partners are ramping up new areas of federal and administrative litigation for populations most at risk, and advocating with Vermont Corrections to ensure ICE detainees' equitable access to counsel. We are also revitalizing the ICE Tracker, a fledgling project launched to document and respond to ICE activity across Vermont and to help us understand new enforcement norms so we can advise people to make informed decisions about their cases and lives. The Microsoft Form submission tool is now live and open to community members and VAAP promises to report vetted data at a regular cadence.

We are also hosting a community organizer-coordinated public-facing Airtable dashboard, featured below, that collates anonymized DHS and VT DOC data to inform the public, media, and legal networks about likely detention rates on any given day. We welcome community contributions and ideas to help ensure this tool is accurate, sustainable, and responsive to the realities on the ground.

Are you a legal worker or interpreter looking to get involved? Visit our website to learn more and sign up.

Click here to review the ICE activities and custody trackers
✅ Join our community of practice at VAAP!

Join our Weekly Legal & Advocacy Case Rounds—a nonjudgmental, collaborative space for immigration legal and advocacy professionals to share updates, spot trends, and strengthen collective practice across Vermont. No personally identifying client information allowed! Open to attorneys and non-attorney advocates (but not DHS/DOJ personnel), these sessions build shared knowledge without discussing client-specific details. The first hour centers legal practitioners; the second invites broader participation. AI-generated, anonymized notes help track insights on VAAP's blog. Arrive when you can and leave when you need—opt out anytime. Find themeeting links on our Calendar. Come with a question, update, or idea and stay connected!
Click here to join rounds

📣 Thank you to everyone who joined our Habeas 101 CLE!

On June 20, VAAP and VLGS hosted an urgent, first-of-its-kind Continuing Legal Education (CLE) session on federal habeas corpus litigation to prevent ICE transfers and prolonged detention in Vermont. Sparked by the arrests of Nacho and Heidi, this emergency training explored how habeas can serve as a rapid-response tool to keep detained Vermonters local, preserve access to counsel, and challenge unjust detention practices. We drew on lessons from recent victories in the Mohsen and Rumeysa cases and began building a coordinated defense model alongside partners including the ACLU of Vermont the the Center for Justice Reform Clinic, and technical experts at the Federal Defenders and the VT Defender General’s Office.

🛠️ Training materials and the full recording will be available soon, with follow-up emails going out to attendees and interested volunteers.

📅 Save the date for the next session!

Habeas 201: Bail Hearings
Late July | Online | FREE CLE
Hosted by the ACLU of Vermont—stay tuned for details!

Click here to learn more

🛡️Training Recap: Immigration Legal Observing & Accompaniment

Last month, we also co-hosted a powerful virtual “train the trainer” session for legal advocates, organizers, and community members across Vermont focused on immigration legal observing, accompaniment, and witnessing practices. Huge thanks to the National Lawyers Guild for partnering with us!

The training covered real-time skills for observing and documenting ICE check-ins, courthouse appearances, detentions, and more — with an emphasis on safe, ethical, and effective support for impacted individuals and communities. We explored:

  • What to watch for during ICE interactions, youth “wellness checks,” airport transfers, and detention proceedings

  • How to collect usable notes and recordings to support habeas corpus and other legal filings

  • Best practices for ethical data sharing and combating misinformation

  • How accompaniment and community presence can serve as powerful tools for protection and solidarity

The goal? To build a broader network of trained volunteers and rapid-response allies who can increase access to reliable, verifiable information about how immigration enforcement operates in our region today.

📎 Slides from the session are now posted on our blog. Check them out along with the recording below, and share with your networks. Next steps and volunteer opportunities coming soon!

Vermont Asylum Assistance Project & National Lawyer's Guild - Immigration Legal Observing Training: How to show up effectively as ICE interventions increase

Click here to access the slides

💻 Don't Forget: Search Our Website for Weekly Immigration Updates 

Remember that fear is the strategy and steady, concerted community response is resistence and resilience. For every outlier case in which the Federal Government takes illegal and inhumane action, there are many more quiet cases going smoothly and under the radar. Visit the VAAP blog, learning libraries, and calendar often to stay up to date on the latest best practices. Use the search bar on our website to term-search for topical information and nationally vetted resources. Searching our website is often the fatest way to access our technical assistance. Recently, we've posted about:

Click here to search our site

FROM OUR PARTNERS

Click here to learn more
A love letter to trans youth in Vermont! Onwards, together.
https://www.acluvt.org/en/press-releases/aclu-vermont-statement-supreme-court-decision-us-v-skrmetti
Join VT queer law and policy professionals
From the State Refugee Office:

🏛️ Federal Budget Impacts on Refugee and Immigrant Populations

The recently passed federal budget includes significant changes that will affect access to public benefits for many displaced populations, including refugees, asylees, humanitarian parolees, and others. Key highlights include:

  • Medicaid & Medicare: Starting October 1, 2026 for Medicaid and likely January 2027 for Medicare, only U.S. citizens, lawful permanent residents (green card holders), Cuban/Haitian entrants, and COFA migrants (Micronesia, Marshall Islands, Palau) will remain eligible. Formerly eligible groups like refugees, asylees, parolees, TPS holders, and SIV holders will lose eligibility.
  • SNAP (Food Assistance): Eligibility will mirror changes to Medicaid/Medicare. The start date is unclear, but affected groups include refugees and asylum seekers. Vermont currently has over 1,600 non-citizen SNAP recipients whose benefits may be impacted. Federal guidance is pending.
  • Refugee Medical Assistance (RMA): May serve as a partial fallback for some newly arriving refugees, but was recently reduced to 4 months of coverage. Uncertainty remains about whether it will expand to support more individuals in the future.

The state is actively assessing the full impact of these changes and will share updates on possible alternatives or supports for affected communities.

🏛️ Updates on the "Office of New Americans" equivalent (Act 29)

Vermont is taking steps toward creating an Office of New Americans (ONA) equivalent, a dedicated office that could help better support foreign-born individuals and families across the state. Right now, the state is forming a study committee to explore what this office could look like and how it could best serve our communities.

The Committee will bring together leaders from state agencies and six members nominated by community organizations, including one community member with lived experience. Organizations nominating members include AALV, USCRI VT, Brattleboro Development Credit Corporation, Migrant Justice, and Vermont State University. The committee will meet up to 10 times between August 2025 and September 2026 and deliver a report with recommendations on how to move forward.

Nominations are underway. Once members are confirmed by the Governor’s Office, the Committee will hold its first meeting in mid-to-late August. All meetings will be open to the public, and community input is strongly encouraged!

 

❓ VAAP’s Role in the ONA-equivalent study? At VAAP, we believe this is an important opportunity to shape the future of immigrant and refugee support in Vermont. We’ll be:
  • 💌 Sharing upcoming meeting dates
  • 💌 Encouraging our community to attend and participate
  • 💌 Joining Committee meetings to make sure your voices are heard

Huge thanks to our community partners, national technical assistance providers, lawmakers, and state government champions like the Treasurer's Federal Transition Task Force for advancing this key coordination mechanism when we need it most. VAAP will post updates on our website, social media, and through our newsletter. Stay tuned.

Click here to learn more
VAAP IN THE NEWS
Watch director Jill Martin Diaz talk rule of law and community resilience with ACLU VT and the VT Human Rights Commission on CCTV's The Talk.
Click here to watch
"'There was some language around only going after folks with criminal records, only going after violent criminals. That just wasn't the case,' said Emma Matters-Wood with the Vermont Asylum Assistance Project."
Click here to watch
"Vermont Asylum Assistance Project said even though the ban has yet to take effect, they've already received phone calls from people wondering what's going to happen. 'We prepared immediately for what we knew was coming and for what has already happened, which is panicked calls from people who had everything in order,' said Leah Brenner, a contract staff attorney with VAAP."
Click here to watch
"'If we pace ourselves and we organize and we make use of everyone’s different, complementary skills and resources. And when we use the legal tools in our system of government and our rule of law, we do prevail,' said the group’s Jill Martin Diaz."
Click here to watch
"The training informed volunteers on how to approach detention facilities, what access lawyers have, the rights of detainees and how to screen for legal support."
Click here to watch
"A loose group of advocates is urging the panel that oversees operations at Patrick Leahy Burlington International Airport to issue a statement describing — and, some said, condemning — how federal immigration agents have repeatedly used Vermont’s largest air hub to transport people detained in the state and possibly facing deportation to other parts of the country."
Click here to read
THANKS FOR YOUR SUPPORT!

🌟 This Is Collective Power! Thank You!

As we reflect on the release of Heidi and Nacho—a profound moment of hope and healing—we also step back to recognize the larger story unfolding all around us: one of rising solidarity, growing capacity, and everyday courage in the face of injustice. This summer isn't just about one legal win. It's about what becomes possible when people across roles, communities, and identities come together to defend dignity and demand accountability. Together, we moved mountains and laid the groundwork for what comes next. Onwards!

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

Copyright © 2025, Vermont Asylum Assistance Project, All rights reserved.

Want to change how you receive these emails?
You can update your preferences or unsubscribe from this list.
Donate to VAAP
Website
Email
Facebook
Instagram
LinkedIn
Next
Next

June 19, 2025