This article reflects Vermont law and enforcement conditions as of June 2026. Vermont has no statewide sanctuary ban and no local 287(g) agreements with ICE as of June 2026. Key law enacted in 2026: H.849 (Act 87) - an act relating to a civil action for damages for deprivation of federal constitutional rights by any government official - became law on April 27, 2026, without Gov. Phil Scott's signature. The law, which takes effect July 1, 2026, creates a new cause of action in Vermont state court allowing individuals to sue federal agents for monetary damages for constitutional violations when no federal remedy is available. This makes Vermont one of only a few states with such a law; Illinois enacted a comparable measure in December 2025, and the Trump administration has sued Illinois seeking to nullify it. Vermont's law may face similar legal challenge. The South Burlington ICE operation on March 11, 2026, was a defining event in Vermont's 2026 legislative session. Federal immigration agents attempted to stop an individual in South Burlington; during a resulting multi-hour standoff at a residence, federal agents used flash-bang devices and chemical agents to disperse a crowd, according to Vermont State Police accounts. Six protesters were arrested by state and local police; Chittenden County State's Attorney Sarah George declined in April 2026 to prosecute those six, citing her assessment that law enforcement also bore responsibility for escalation. The Vermont Department of Corrections signed a new memorandum of understanding with U.S. Customs and Border Protection and U.S. Border Patrol in September 2025, allowing Vermont state prisons to hold federal immigration detainees at a rate starting at $185 per person per day (increasing annually). People detained by ICE in Vermont are often held in state prisons for a few days before transfer elsewhere. Vermont's Attorney General has published a Know Your Rights guide for Vermonters encountering immigration officials. Vermont schools retain the right to deny entry to ICE agents without a judicial criminal warrant or judicial order under Vermont Agency of Education guidance issued January 31, 2025. Vermont has no standard driver's license available regardless of immigration status, and no driving privilege card program. Verify current law and enforcement conditions at the ACLU of Vermont (acluvt.org) or Vermont Legal Aid (vtlegalaid.org).
Where Vermont Stands
Vermont is one of the smallest and most politically progressive states in the country - a state with a Democratic legislative supermajority and a moderate Republican governor, Phil Scott, who has served since 2017 and won reelection with significant Democratic support. Vermont's immigration framework in 2025-2026 reflects that split: the legislature has moved aggressively to protect immigrant communities and create legal accountability for federal enforcement actions, while the governor has cooperated with ICE on detention, expressed reservations about the constitutionality of some protective legislation, and allowed bills to become law without his endorsement.
The defining event of Vermont's 2026 immigration story is the South Burlington ICE operation on March 11, 2026, which became the most prominent domestic immigration enforcement incident in the state in decades and directly accelerated the passage of H.849. The operation drew national attention because of the use of flash-bang devices and chemical agents by federal agents and the declinature by the Chittenden County State's Attorney to prosecute protesters - an unusual outcome that framed the public debate about federal enforcement tactics in the state.
Vermont's immigrant population is small by national standards but economically significant. Immigrant workers play critical roles in Vermont's dairy industry, construction sector, and hospitality economy. Burlington and the surrounding Chittenden County area is home to Vermont's most diverse communities. The Colchester area is home to a U.S. Citizenship and Immigration Services office that processes naturalization and immigration benefit applications.
Part 1: What Federal Immigration Law Actually Says
Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.
The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state and local agencies to enforce federal immigration law. Vermont has no 287(g) agreements, meaning no Vermont law enforcement agencies are operating under a formal ICE delegation of immigration enforcement authority. Vermont state and local police conduct state and local law enforcement functions; they are not deputized for federal immigration enforcement.
ICE detainers, Form I-247, are administrative requests, not court orders. Vermont has no state law requiring compliance with civil ICE detainers. Without a 287(g) agreement, Vermont law enforcement agencies have no formal mechanism or obligation to hold people on civil detainers for ICE. The First Circuit Court of Appeals, which covers Vermont, affirmed in Morales v. Chadbourne (2014) that civil detainer holds without independent legal authority may implicate Fourth and Fifth Amendment rights.
H.849, which became law April 27, 2026, and takes effect July 1, 2026, creates a state court cause of action for damages when federal officials violate constitutional rights and no federal remedy is available. This is Vermont's legislative response to the gap in federal law: 42 U.S.C. section 1983 allows suits against state actors for constitutional violations, but there is no directly comparable federal statute for federal agents. Vermont's law attempts to close that gap in state court. Whether state courts can entertain such claims against federal officials under the Supremacy Clause is the constitutional question the Trump administration has raised in litigation against Illinois's comparable law.
Arizona v. United States (2012) is the controlling preemption precedent for state immigration enforcement. Vermont's approach - creating a civil damages remedy rather than creating its own immigration enforcement authority - is structured differently from the laws challenged in that case, though whether it survives Supremacy Clause scrutiny remains to be seen.
Part 2: Vermont Law and Policy
No 287(g) Agreements - No Local Immigration Enforcement Delegation
As of June 2026, no Vermont law enforcement agency holds a 287(g) agreement with ICE. This means no Vermont state trooper, county deputy, or municipal officer is formally authorized to make immigration enforcement decisions during routine patrol or jail bookings under a federal delegation. Vermont is one of a smaller number of states in this series where 287(g) participation has remained at zero throughout the second Trump administration.
The absence of 287(g) agreements does not mean immigration enforcement is absent from Vermont. ICE agents from the Boston Field Office conduct operations in Vermont independently. The South Burlington incident on March 11, 2026, was a direct federal operation, not one involving Vermont police as enforcement partners. Vermont police were called to the scene as a public safety matter, not as immigration enforcement participants.
Vermont Department of Corrections - ICE Detention MOU (September 2025)
In September 2025, Vermont's Department of Corrections signed a new memorandum of understanding with U.S. Customs and Border Protection and U.S. Border Patrol allowing federal immigration detainees to be held in Vermont state prisons. The new MOU replaced an earlier agreement that had expired. Key terms: Vermont receives a per-person per-day rate starting at $185 from September 17, 2025, through July 31, 2026, increasing each year to $208.22 by 2029-2030, with a 3% annual increase thereafter. The prior agreement paid $180 per day; these rates are substantially higher than the $70-$110 per day ICE typically pays at other facilities, according to New York Times reporting. Unlike the prior agreement, the new MOU has no fixed expiration date and continues until terminated with 120 days' notice by either party.
Gov. Scott's renewal of the detention agreement drew criticism from Democratic legislators and immigrant advocates. The ACLU of Vermont and Vermont Legal Aid acknowledged that ending the detention agreement could harm the individuals held - who receive medical services under its terms - but said the state ideally would not partner with ICE. In most cases, people detained by ICE in Vermont are held in state facilities for a few days before being transferred elsewhere. The state facilities involved are not purpose-built immigration detention centers; they are Vermont state correctional facilities receiving federal detainees under contract.
H.849 (Act 87) - Civil Action for Constitutional Rights Violations - Effective July 1, 2026
H.849 became Vermont law on April 27, 2026, without Gov. Scott's signature, and takes effect July 1, 2026. The law creates a new cause of action in Vermont state court allowing individuals to seek monetary damages from government officials - including federal officials - who deprive them of rights guaranteed by the U.S. Constitution, when no adequate federal remedy is available.
The bill was sponsored by Rep. Martin LaLonde (D-South Burlington), chair of the House Judiciary Committee, and was in development before the South Burlington ICE operation on March 11, 2026. Its passage days after that operation gave it particular urgency. The bill passed with sizable majorities in both the House and Senate. Examples of covered claims: a Fourth Amendment claim if federal officers entered a home without a valid judicial warrant; a First Amendment claim if officers prevented someone from engaging in lawful protest.
Gov. Scott allowed the bill to become law without his signature, stating that he agrees with its intent - protecting constitutional rights and holding federal officials accountable when no federal remedy exists - but is concerned about its constitutionality. He wrote: 'we'll see if this and similar measures enacted in other states hold up in court.' The Trump administration has sued Illinois, which enacted a comparable law in December 2025, seeking to nullify it. Vermont's law could face similar legal challenge. Whether H.849 withstands Supremacy Clause scrutiny in the First Circuit is unknown as of June 2026.
The South Burlington ICE Operation - March 11, 2026
On March 11, 2026, federal immigration agents attempted to stop an individual in South Burlington, Vermont. The individual fled to a nearby residence. A multi-hour standoff developed as a crowd of protesters gathered outside the residence. Federal agents used flash-bang devices and chemical agents during the standoff, according to an account provided by Vermont State Police. State and local police officers were also present; some were reported to have their faces concealed and lacked visible identification. By the end of the standoff, federal agents and state and local police had removed the individual from the residence.
Six protesters were arrested during the operation - three by Vermont State Police and three by Burlington Police - on charges including disorderly conduct and assault on a law enforcement officer. On April 22, 2026, Chittenden County State's Attorney Sarah George declined to prosecute all six, citing her assessment that some law enforcement officials had 'agitated' and 'escalated' in ways that may have been unacceptable, and that she could not in good conscience pursue charges based solely on investigations conducted by the agencies whose conduct was also under question. Vermont State Police leadership publicly criticized George's decision.
The South Burlington operation was described by House Speaker Jill Krowinski as 'the most invasive action taken on Vermont soil by federal law enforcement agents.' It accelerated the passage of H.849 and influenced the trajectory of Vermont's broader 2026 immigration legislative package. Whether any constitutional violations occurred during the operation is a question that had not been resolved by any court or independent investigation as of June 2026.
Vermont Attorney General Know Your Rights Guidance
The Vermont Attorney General's office published a Know Your Rights guide for Vermonters encountering immigration officials. The AG's guidance notes that federal agents ended the general prohibition on immigration arrests in sensitive areas on January 20, 2025, and that ICE officers may conduct arrests in or near sensitive locations under interim guidance issued January 21, 2025. Vermont does not have state laws specifically restricting immigration enforcement at schools, healthcare facilities, or other sensitive locations - though the Vermont Agency of Education issued guidance January 31, 2025, noting that schools can prevent entry by federal immigration authorities to school buildings 'unless [they] have a valid judicial criminal warrant or judicial order.'
A growing number of Vermont school districts have adopted their own policies governing interactions with immigration officials. Vermont Act 152 (S. 140, effective May 31, 2022) provides some relevant protections. Families should contact their specific school district for its current policy.
Mask Bill - Not Enacted
The Vermont Legislature introduced and considered S.208, which would have required law enforcement officers - including federal agents - to remove masks and display identification while operating in Vermont. The bill gained urgency after the South Burlington operation, during which some law enforcement officers were reportedly masked and without identification. However, after the 9th Circuit Court of Appeals ruled that a similar California law violated the Supremacy Clause - on the ground that states cannot directly regulate or discriminate against the federal government - Vermont lawmakers gutted the bill in April 2026. The final enacted version does not apply to federal agents. This illustrates the constitutional constraint: states can create civil damages remedies (as in H.849) but face significant obstacles when attempting to directly regulate federal agents' conduct.
Part 3: How State and Federal Law Interact in Vermont
Vermont's approach to the federal-state immigration question is structurally different from both the enforcement-aligned states (South Dakota, Tennessee) and the comprehensive sanctuary states (Oregon, California) in this series. Vermont has not delegated immigration enforcement authority to local agencies through 287(g), has not enacted a sanctuary ban, and has not attempted to limit where federal agents can operate. Instead, it has: contracted with ICE for detention (the DOC MOU); allowed the protective H.849 cause-of-action law to take effect without endorsing its constitutionality; and issued Know Your Rights guidance through the AG's office.
The central legal tension in Vermont is between H.849's creation of a state court remedy for federal constitutional violations - a novel legal theory - and the Supremacy Clause principle that states cannot directly regulate the federal government. The Trump administration's legal challenge to Illinois's comparable law will help define the constitutional landscape for Vermont's law before its July 1, 2026 effective date. Families should monitor H.849 litigation developments through acluvt.org.
Vermont has no 287(g) agencies, so federal enforcement in Vermont depends entirely on federal agents operating through the Boston ICE Field Office, with Vermont law enforcement responding to public safety situations (as in South Burlington) but not formally participating in immigration enforcement. The absence of 287(g) creates a different practical risk profile: the primary enforcement risk to immigrant families in Vermont comes from direct federal operations, not from local police acting as ICE agents.
Part 4: What This Means for Families on the Ground
For immigrant families in Vermont, the practical enforcement risk landscape has several distinct features compared to other states in this series. There are no 287(g) agencies, meaning routine encounters with Vermont police, state troopers, or county deputies do not carry the formal immigration enforcement risk that exists in Task Force counties in states like Utah or South Carolina. Vermont police do not have ICE delegated authority to make immigration arrests.
However, federal enforcement is active. The South Burlington operation on March 11, 2026 - the first major enforcement action in Vermont during the second Trump administration - demonstrated that ICE will operate in Vermont, that federal agents will use force in contested situations, and that protests and community response can create secondary risks for bystanders. Families should have emergency plans that account for direct federal enforcement operations.
The Vermont DOC's MOU with CBP and Border Patrol means that individuals detained by federal agents in Vermont may be held in Vermont state prisons for a period before transfer. Vermont prisons are not purpose-built detention facilities; hold conditions and access to legal counsel may differ from dedicated detention centers. Contact the ACLU of Vermont or Vermont Legal Aid immediately if a family member is being held in a Vermont state facility on federal immigration grounds.
H.849, effective July 1, 2026, creates a potential legal remedy for constitutional violations by federal agents in Vermont. If you or a family member was subjected to what you believe was an unlawful search, detention, or use of force by federal agents in Vermont, consult an attorney about whether H.849 provides a basis for a state court claim. This is new law and courts have not applied it yet; litigation outcomes are unknown.
Vermont does not have a Driving Privilege Card or driver's license available regardless of immigration status. Driving without a valid license creates a traffic enforcement exposure that can lead to an encounter with law enforcement.
Part 5: What You Can Actually Do
If ICE Comes to Your Home
Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize home entry. Ask through the closed door: 'Is this warrant signed by a judge?' If not, say clearly that you do not consent to entry.
You have the right to remain silent. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' Do not answer questions about your birthplace, how you entered the country, or your immigration status. Do not sign anything without speaking with an attorney.
If Vermont Police Are Present During a Federal Operation
Vermont police are not 287(g) agents and are not conducting immigration enforcement. Their presence at a federal operation (as in South Burlington) is typically in a public safety capacity. You have the same constitutional rights regardless of whether it is federal or state officers present. Do not resist physically. State your rights calmly. Ask: 'Am I being detained or am I free to go?'
If a Family Member Is Detained
Use the ICE Online Detainee Locator at locator.ice.gov immediately. People detained in Vermont may be held in Vermont state prisons under the DOC MOU before transfer. You will need the person's country of birth and full name and date of birth or A-Number.
Call the ICE Detention Reporting and Information Line: 1-888-351-4024.
Call the EOIR Immigration Court Information Line: 1-800-898-7180.
Contact the ACLU of Vermont: acluvt.org. The ACLU of Vermont is actively tracking H.849 and enforcement activity statewide.
Contact Vermont Legal Aid: vtlegalaid.org. Vermont Legal Aid provides free civil legal services including immigration matters for qualifying low-income Vermonters.
Contact the Vermont Refugee Resettlement Program: uscri.org/vermont. Provides immigration services for resettled refugees and other immigrants.
Contact the Vermont Immigration and Asylum Advocates (VIAA): vtimmigration.org. Provides immigration legal representation and advocacy.
At School
Under Plyler v. Doe (1982), all children have the right to public education regardless of immigration status. Vermont Agency of Education guidance from January 31, 2025, states that schools can prevent entry by federal immigration authorities without a valid judicial criminal warrant or judicial order. Ask your school district for its specific written policy on interactions with immigration officials.
Know the Risk Points in Vermont
Vermont has no 287(g) agencies. Routine encounters with Vermont police do not carry formal immigration enforcement risk from deputized officers.
Federal direct enforcement through the Boston ICE Field Office is active in Vermont. The South Burlington operation on March 11, 2026, was the first major operation of the second Trump administration in the state and demonstrated federal willingness to operate here.
Vermont state prisons hold ICE detainees under the September 2025 DOC MOU. If detained, you may be held in a state facility before transfer. Contact a lawyer immediately.
H.849 takes effect July 1, 2026, creating a state court damages remedy for constitutional violations by federal agents. This is new and untested law; its enforceability is uncertain pending federal legal challenge.
Part 6: Legal Resources in Vermont
ACLU of Vermont: acluvt.org. Tracks H.849, the South Burlington operation, and enforcement conditions statewide.
Vermont Legal Aid: vtlegalaid.org. Free civil legal services for qualifying low-income Vermonters including immigration matters.
Vermont Immigration and Asylum Advocates (VIAA): vtimmigration.org. Immigration legal representation and advocacy.
Vermont Refugee Resettlement Program (USCRI): uscri.org/vermont. Immigration services for resettled refugees and other immigrants.
Vermont Attorney General Know Your Rights guide: ago.vermont.gov (search 'know your rights immigration').
Immigration Advocates Network: immigrationadvocates.org.
EOIR Immigration Court Information Line: 1-800-898-7180.
ICE Detainee Locator: locator.ice.gov.
ICE Detention Reporting and Information Line: 1-888-351-4024.
Summary
Vermont has no 287(g) agreements, no sanctuary ban, and no mandatory ICE cooperation law as of June 2026. The state's enforcement framework is shaped primarily by the absence of formal local-federal enforcement partnerships, the Republican governor's decision to renew the DOC-ICE detention MOU in September 2025, and the Democratic legislature's passage of H.849, which became law April 27, 2026, creating a state court cause of action for damages against federal officials who violate constitutional rights when no federal remedy is available. H.849 takes effect July 1, 2026; its constitutionality is uncertain and the Trump administration has challenged a comparable Illinois law.
The South Burlington ICE operation on March 11, 2026 - which involved flash-bang devices and chemical agents and led to six arrests, none of which were prosecuted - was Vermont's defining immigration enforcement event of 2025-2026. For families in Vermont, routine local police encounters do not carry formal 287(g)-based immigration enforcement risk. Direct federal enforcement through the Boston ICE Field Office is the primary enforcement pathway. Vermont prisons hold federal detainees under the DOC MOU. Know your rights, have a family emergency plan, and contact Vermont Legal Aid or the ACLU of Vermont for current guidance.
Sources and verification: Vermont H.849 (Act 87), 'An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official,' became law April 27, 2026 (Governor allowed without signature; effective July 1, 2026; bill status at legislature.vermont.gov/bill/status/2026/H.849); Vermont Business Magazine, 'Six Vermont Bills Become Law Including One Holding Federal Officials Accountable,' April 27, 2026 (Gov. Scott statement; H.549 also signed; H.849 allowed without signature; Scott letter text); Vermont Public / VTDigger, 'New State Law Lets Vermonters Sue Federal Officials for Constitutional Violations,' April 28, 2026 (effective July 1; LaLonde quotes; ACLU of Vermont Schilling quote); Boston Globe, 'Vermont to Allow Lawsuits Against Federal Agents for Violating Constitutional Rights,' April 28, 2026 (Scott 'we'll see' quote); VTDigger, 'Vermont House Passes Bill Creating Pathway to Sue Federal Agents for Civil Rights Violations,' March 13, 2026 (H.849 House vote; South Burlington March 11 incident; LaLonde Fourth/First Amendment examples; Illinois Trump administration lawsuit); VTDigger, 'Vermont Inks New Detention Agreement with Federal Immigration Authorities,' September 16, 2025 (DOC MOU with CBP/Border Patrol; $185/day starting September 17, 2025; increasing to $208.22 by 2029-2030; 3% annual increase; no expiration; prior rate $180; NYT $70-$110 comparison; 120 days termination notice; ACLU of Vermont and Vermont Legal Aid cautious positions); WAMC, 'Vermont Lawmakers Outline Legislation to Curb Federal Excesses in Immigration Enforcement,' January 22, 2026 (H.745 and other bills introduced; Rep. Dodge quotes); Valley News, 'Vermont Lawmakers Debate ICE Arrest Limitations,' January 9, 2026 (Sen. Vyhovsky bills; sensitive locations; masks); VTDigger, 'Chittenden County Prosecutor Declines to Charge Six Protesters Arrested at South Burlington ICE Raid,' April 22, 2026 (March 11 incident details; flash-bang devices; chemical agents; Vermont State Police account; six arrests; State's Attorney George decision and statement; police leadership criticism); VTDigger, 'Vermont Lawmakers No Longer Plan on Unmasking ICE,' April 30, 2026 (S.208 gutted; 9th Circuit California ruling; Supremacy Clause; LaLonde quotes); Vermont AG, 'Your Rights When Encountering Immigration Officials in Vermont' (ago.vermont.gov; DHS ended sensitive areas prohibition January 20, 2025; Vermont Act 152; Vermont Agency of Education guidance January 31, 2025); Morales v. Chadbourne (1st Circuit 2014); Arizona v. United States, 567 U.S. 387 (2012); Plyler v. Doe, 457 U.S. 202 (1982); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: H.849 constitutionality and any federal legal challenge (comparable to Illinois lawsuit by Trump administration; law effective July 1, 2026; verify at acluvt.org); DOC detention MOU current status (signed September 2025; no expiration; verify with Vermont DOC); current VT school district policies (varying; verify with individual districts); any new 287(g) agreements in Vermont (none as of June 2026; verify at ice.gov). Last verified: June 2026.
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