Immigration Law Updates
Representatives Emily Carris-Duncan and Leonora Dodge facilitated a legislative immigration law panel discussion at the State House in early May. The expert panel focused on improving understanding of immigration issues and their intersection with state legislation.
Please see the below resources and links to the recorded discussion.
Legislative Immigration Law Panel
(Available on YouTube)
Panelists
Jill Martin-Diaz, Director of Vermont Asylum Assistance Project (VAAP),
Leslie Holman of Holman Immigration Law,
Brett Stokes Assistant Professor of Law and Director of the Center for Justice Reform Clinic (CJRC) at Vermont Law and Graduate School
Dave Celone, Vice President of Alumni Relations and Development, VLGS
Chapters
Introduction and Panel Setup 00:00:24
Representatives Emily Carris-Duncan and Leonora Dodge introduced the panel, explaining its genesis from the need to understand federal immigration impacts on state legislation. The panel included Dave Celone from Vermont Law School, Jill Martin-Diaz from Vermont Asylum Assistance Project, Brett Stokes from the Center for Justice Reform, and Leslie Holman, an immigration lawyer.
Understanding Immigration Status Definitions 00:06:06
Jill Martin-Diaz explained the distinction between asylum seekers and refugees, emphasizing the significant backlog in asylum cases. Leslie Holman detailed various immigration statuses including TPS, DACA, and humanitarian parole, highlighting their impact on Vermont communities.
Economic Impact of Immigration in Vermont 00:21:27
Jill Martin-Diaz cited the American Immigration Council’s report that presented economic data showing immigrants contribute $230 million in federal and state taxes and represent $620 million in spending power. David Celone emphasized the importance of civil legal services, noting that every dollar invested yields an $11 economic benefit to Vermont. Moreover, Jill Martin-Diaz noted that the foreign-born and children of immigrants are the fastest growing demographic in our state workforce. Immigrants are also 80% more likely to start a business, and more likely to fill unfillable jobs.
Safety Precautions and Rights 00:36:42
The panel discussed safety measures for immigrants, including documentation requirements and rights during encounters with law enforcement. They emphasized the importance of knowing constitutional rights and maintaining documentation. Ask, "Am I being detained?" Ask for an attorney. Ask ICE to produce a judicial warrant signed by a judge, and check for correctly spelled name of the person being sought by ICE.
The panel also offered the following phone numbers:
Immigration legal assistance: 1-800-889-2047
Emergency rapid response to ICE detention: 802-881-7229
To report ICE activity, visit VAAP to fill out online form.
Legislative Support and State-Level Actions 01:26:34
The panel discussed various state-level initiatives to support
· S.56 – Establish a Vermont Office of New Americans
o One pager, FAQs memo, and background linked here
· S.127/H169 – Contains sections that expand fair housing protections to include immigration status
o Vermont Legal Aid (VLA) Op/Ed linked here
· S.95/H98 – Clarify standby guardianship processes for immigrant families
o VAAP, VLA, and Family Equality testimony linked here
· S.123 – Reduce barriers to access photo identification and driver’s licenses
· S.44 – Heighten scrutiny of contracts between Vermont entities and ICE
Moderately superseded blog post and testimony linked here
Resources
Preview attachment ICEinschool.pdfICEinschool.pdf848 KB
Preview attachment EmployerGuide_English.pdfEmployerGuide_English.pdf23 MB
Immigration Terms
See this State Justice Institute website
Asylee / Refugee Status
Both refer to people who gain legal residency and work rights because the US immigration courts have recognized that they are in danger in their country of origin due to identity, their political activity, or extremely dangerous conditions in that country. Refugees apply and get that status in their home country, before coming to the US, whereas asylum seekers are people who enter the US and ask for asylum within a year of arriving, but then face years of limbo while the courts rule on whether they deserve asylum status.
Humanitarian Claims
Victims of human trafficking can get special T visa, and crime victims or witnesses can get a U visa. These are only good for 4 years, and the person on this visa who wishes to stay beyond the limited time must apply for permanent lawful residency.
Temporary Protected Status (TPS)
Some immigrants from war torn countries or those facing natural disasters can apply for Temporary Protected Status, which freezes removal from the US, allows the immigrant to get an employment authorization document, and also can authorize travel.
DACA
Some people who were brought to the US as children were granted Deferred Action for Childhood Arrivals, a program that was like TPS, in that it granted protection from removal, a right to work and travel, but is also essentially a limbo. And those young people had to reapply every two years for the employment authorization document.
Undocumented:
Anyone here who has not been granted refugee status, asylum status, or permanent lawful residence. It’s a catch-all that does not automatically mean that you have broken the law by entering the United States. It can simply mean that the US immigration system has still not made a decision in your case. Moreover, all of the temporary visas and other protections come and go, so that people who were removable one year suddenly can apply for protections, and some people who enjoyed a protection one year can lose it the next.