Vermont
Immigration lawyers accuse Vermont prisons of impeding their work
Attorneys and volunteers with the Vermont Asylum Assistance Project used to go into Vermont’s prisons and meet with every immigration detainee, using their phones and computers for language interpretation, according to Jill Martin Diaz, executive director of the organization.
But they say that access changed this fall after Jon Murad took over as interim commissioner of the Vermont Department of Corrections. Since then, attorneys with the organization said the department has made it harder to meet and work with their clients, citing language barriers and lack of meeting space.
Murad denies those claims and says he has merely enforced policies that predate his time as commissioner, cutting off practices that shouldn’t have been allowed under his predecessor.
Federal immigration authorities use Vermont prisons to hold often more than a dozen immigration detainees at a time per a contract agreement with the federal government. Though detainees can be held in any Vermont prison, they’re most commonly brought to two facilities: Chittenden Regional Correctional Facility in South Burlington and Northwest State Correctional Facility in St. Albans Town.
As President Donald Trump has ramped up his mass deportation campaign, federal immigration authorities often swiftly shuffle people they detain around the country. And the Vermont Asylum Assistance Project has been the main organization routinely providing legal services to all immigration detainees in Vermont.
“I think it’s really important to capitalize on this opportunity that Vermont can be where we disrupt this arrest-to-deportation pipeline that is happening across this country,” said Hillary Rich, an attorney at the Vermont chapter of the American Civil Liberties Union.
The issue has raised the eyebrows of legislators focused on the state’s prison system and prompted them to write the Corrections Department a memo directing its officials to develop a memorandum of understanding with the Vermont Asylum Assistance Project to guarantee cooperation between the organization and the department.
Attorneys raise alarms
To Martin Diaz, the Corrections Department’s current treatment of VAAP attorneys is a stark contrast to the department’s previous stance.
In July, under former Commissioner Nick Deml, the department agreed to let VAAP lawyers have a designated biweekly meeting time and place within the two state prisons where the majority of immigration detainees are held, according to Martin Diaz. Deml did not immediately respond to a request for comment Wednesday.
Some immigrant activist groups, like Migrant Justice, connect people in their community to legal services, but VAAP is the only organization that routinely goes into Vermont prisons to meet with detainees without counsel, according to Martin Diaz.
Over the summer, the department allowed a handful of VAAP attorneys to bring in a team of trained volunteer lawyers, who were able to bring in their phones and computers, Martin Diaz said. And the department would provide in advance each detainee’s alien registration number, which federal immigration authorities use to identify someone.
In a designated room, the group from VAAP would offer legal services to people detained by federal immigration authorities and use their personal devices to provide language interpretation during their meetings, Martin Diaz said.
During that time, VAAP attorneys were able to meet with 100% of clients at each prison, Martin Diaz said.
Then in August, Murad, a former Burlington Police chief, took the helm of the Corrections Department. That’s when VAAP employees said their access to clients and their cooperation with the department took a turn.
Martin Diaz said that in September the department stopped providing the organization’s attorneys with detainees’ alien registration numbers. In their meetings with detainees, attorneys started to hear complaints that they weren’t receiving medical care or communication from prison staff that was translated into their language, they said.
VAAP attorneys got in touch with one man who was held in solitary confinement because he broke a prison rule. But the rules of the prison were never explained to him in his language, Martin Diaz said.
“He was in solitary and he didn’t know why,” Martin Diaz said.
Murad said he was not aware of the case Martin Diaz described.
In late October, attorneys from the organization were suddenly told they couldn’t bring their devices or volunteer paralegals with them inside the prison, according to Martin Diaz. Instead, their lawyers were given one landline they had to share, they said.
“We’re all sharing this one phone line now that’s a landline and the calls drop repeatedly, like it’s poor service,” they said.
Martin Diaz said with limited staff and interpretation resources, VAAP attorneys have only been able to meet with 25% of detainees. “We’re just really concerned about the irreparable harm that could befall our most vulnerable community members,” they said.
Martin Diaz said in some instances, VAAP lawyers and volunteers have been turned away from prisons. Murad said he was unsure of specific instances in which VAAP employees weren’t allowed to enter facilities. But he said it was possible they might be turned away for safety reasons, including medical emergencies or a prison lockdown.
VAAP employees shouldn’t have been allowed to bring in their own devices under the former commissioner— and department policy prohibits the practice, Murad said.
“That’s an example of a place where we were deviating from our own policies in a way that compromised our security,” he said.
The department has made improvements to language access after hearing complaints, Murad said. In January, the department did an internal evaluation of interpretation services in the two prisons where immigration detainees are usually held, he said.
“We found that there were some inconsistencies,” Murad said.
And to address the issue, the department has begun issuing tablets that provide interpretation services, he said, and attorneys can use those tablets regardless of who their client is.
Martin Diaz said that despite department efforts, VAAP employees still encounter clients who lack language access.
On Friday, VAAP attorneys met with a woman who only spoke Haitian Creole, Martin Diaz said. Since being held in Vermont, the woman had not encountered a single person who communicated with her in her language, they said.
Amanda Wheeler, the governor’s press secretary, said Gov. Phil Scott stands by his decision to permanently appoint Murad as commissioner on Feb. 26.
“In his time as interim commissioner and now as commissioner, he’s worked with his team at the various correctional facilities to ensure long standing policies (that predate him) were being followed consistently,” Wheeler said in an email.
“DOC has worked closely with VAAP and as recently as a week ago received positive feedback from the organization about the operational coordination improvements DOC has made and is continuing to make,” Wheeler said.
‘We want to see DOC course correct’
Rich has worked closely with VAAP — and is concerned that immigrants’ rights are being violated. Regardless of immigration status, detainees are entitled to medical care, access to language interpretation and access to counsel, Rich said.
“I think too often there’s this misunderstanding that we’re talking about special treatment when really what we’re talking about is equitable treatment,” she added
Murad said the department was providing equitable treatment by allowing attorneys to access tablets with interpretation services.
In July, with Scott’s support, the state renewed its contract with the federal government to hold immigration detainees in Vermont prisons. Scott said he thought immigration detainees were best served in Vermont compared to elsewhere.
But Rich said she sees a contradiction between the department’s practices and Scott’s past claims.
“We want to see DOC course correct and prove that these contracts weren’t just a capitulation to the Trump administration,” Rich said.
For people fleeing persecution in their home country, it’s crucial to have access to legal counsel, according to Rich. “Having a lawyer can literally be a matter of life or death,” she said.
After hearing from employees at the ACLU and VAAP, the Vermont Human Rights Commission began investigating discrimination in Vermont’s prisons, according to Rich and Martin Diaz. The commission declined to comment on the investigation.
In the Statehouse, lobbyists with both the ACLU and VAAP have urged lawmakers to take action and put pressure on the department to make changes. Martin Diaz said their organization has had to take time away from the work of their attorneys to try to remediate issues with the department.
With bipartisan support, representatives in the House Corrections and Institutions Committee decided to write Murad a memo, obtained by VTDigger, outlining the committee’s concerns and a directive for change.
During meetings at the Statehouse, the committee heard testimony “describing barriers that impede legal access,” according to the memo.
“Given the urgency of access to counsel within the current federal landscape, the Committee finds informal problem-solving insufficient. Formal structure, accountability, and enforceable standards are now required,” the memo reads.
The memo lists the committee’s concerns including cancelled or disrupted legal appointments, inadequate access to translation services and inconsistent implementation of department policy across facilities.
The committee directed the department to write a formal memorandum of understanding with VAAP that would guarantee reliable legal access, translation services, confidential spaces for attorney meetings and uniform implementation across facilities.
Murad said that after the committee sent the memo, its leaders decided to pull it back. “It’s not something that we’re addressing right now,” Murad said.
“We’ve taken it back temporarily,” said Rep. Alice Emmons, D-Springfield, the committee chair.
Lawyers with legislative counsel, who draft bills in the Statehouse, told Emmons that Scott’s administration took issue with the memo, Emmons said, though she didn’t know why.
“I sent an email out to the committee explaining we’re pulling it back. There need to be more conversations as we go forward here,” Emmons said.
___
This story was originally published by VTDigger and distributed through a partnership with The Associated Press.
Vermont
Cock-a-doodle-don’t? Vermont towns can’t agree on roosters. – VTDigger
Amanda Rancourt was facing a predicament.
She had started raising chickens in response to rising egg prices. But last May, a clutch of baby chicks she was raising in her backyard had grown up. Unexpectedly, one of the supposedly all-female chickens had a surprise for Rancourt.
The chicken turned out to be a rooster.
Rancourt knew what that meant. She could keep the chickens. But she lives in Barre City.
The rooster would have to go.
“It’s unfortunate. I literally live on the Barre City, Barre Town line,” she said. “It just kind of stinks we weren’t able to keep him, legally.”
Over the past few years, complaints across Vermont municipalities regarding roosters and their chatter have spurred many towns to ban them within their borders. Ordinances banning roosters have been in place in Burlington, South Burlington, Williston and Essex Junction for years. Yet regulations are not consistent, even between neighboring communities. The town of Barre, where Rancourt lives, has rooster regulations, while just up the road, the city of Montpelier does not.
As winter finally lets up and backyard flocks begin stirring from their coops, Vermont municipalities are increasingly saying “no” to roosters, creating a patchwork of local regulations that routinely pit the state’s agricultural heritage against suburban quality of life.
More communities have begun considering new bans. Last fall, the St. Albans City Council unanimously voted to ban roosters, with the threat of daily fines and possible court-ordered removal if a rooster is not moved, according to officials. A series of noise complaints regarding roosters crowing around the city had pushed the government to look at restrictions, St. Albans Mayor Tim Smith said.
Urban density fueled the complaints, with most residents living just 30 feet apart. And perhaps a blind spot in the city’s animal control laws helped the backyard chickens proliferate, said Chip Sawyer, St. Albans’ planning director and author of the proposed ordinance.
“A barking dog, you can deal with,” Sawyer said. “You can order someone with a barking dog to keep their dog inside. You can’t really order a rooster to be kept inside the home.”
The new rule drew little resistance. Only one family with a pet rooster complained, Smith said.
“To have some one person feel that his activities, his hobbies, whatever you want to call it, take priority over his neighbors is, in my opinion, very selfish,” Smith said.
Meanwhile, a similar dispute between neighbors in Shelburne prompted the town to debate adopting its own restrictions on roosters.
“They start yodeling at dawn and go on until dark,” wrote Ruth Hagerman, a Shelburne resident, in an email to town government representatives that was shared with VTDigger.
“They are disturbing the peace of those around them and are providing a textbook example of how neighborly policing doesn’t work.”
Yet after debating a drafted law, which was based on ordinances in neighboring municipalities, the Shelburne selectboard decided during a meeting last year to keep things as they were.
Shelburne Town Manager Matt Lawless was wary of overregulating how residents raise animals and produce their own food.
“We need to be cautious, I think, in when we deal with nuisance or when we’re concerned about health and safety, that we also look at the positive value provided, and we not make it hard for people to do things that are good,” Lawless said.
A ban on roosters felt too controlling, according to Shelburne board member Andrew Everett. He felt that for Shelburne, a community that is a mix of suburban and rural, changing traditional Vermont ways should be resisted until absolutely necessary.
Meanwhile, Williston’s war over backyard chickens has now spanned nearly a decade, with residents on smaller properties twice rebuffed in their efforts to keep hens. The city still classifies chickens as livestock, prohibited on any lot under an acre. The most recent attempt to lift the ban died in September 2023. Selectboard members who had previously supported the ban again voted to peel the chicken provisions off a broader housing package, shelving them indefinitely.
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The trend of banning roosters from Vermont municipalities has caused a somewhat unintended wrinkle: what happens to the roosters?
The growing number of roosters that need to be re-housed has become an issue, said Pattrice Jones, cofounder of VINE Sanctuary in Springfield, an animal sanctuary that assists in rescuing roosters.
Sanctuaries around the state have been overwhelmed with requests to take roosters, Jones said. Chicks from hatcheries and farm stores that unexpectedly turn out to be roosters — and misconceptions about roosters being inherently violent — add to the problem.
But the growing list of local ordinances banning roosters has resulted in even more requests to take them in, adding to VINE’s “perpetual” waiting list, Jones said.
For many, emotional attachment to their roosters complicates the decision of what to do with the feathered pets.
“We hand raised them from when they were chicks and my kids were attached to them,” said Rancourt, the Barre chickens owner.
After a few months of looking, she was able to find a more rural home for her rooster, away from the suburban neighborhoods and the rooster ban in Barre.
“We understand that if they ended up becoming a problem with people, that they may end up having to cull them and eat them,”.
“Personally I couldn’t do that.”
Vermont
Voluntary mergers in Vermont’s new education reform – Valley News
MONTPELIER — After weeks of false starts and discarded plans, the House Education Committee passed an education reform proposal Thursday. But it’s a far cry from what was envisioned in last year’s landmark Act 73, and will almost certainly face political hurdles in the House, Senate and from Gov. Phil Scott’s administration.
The proposal, H.955, which passed with only Democratic support, would create study committees in seven areas of the state to facilitate voluntary mergers of the state’s 119 school districts. Rep. Peter Conlon, D-Cornwall, the House Education Committee chair, praised the committee’s work before calling the vote.
“For the field and school districts and Vermonters out there, we are respecting — I think, very much so — the different ways we deliver education in Vermont,” he said. “We are respecting local voice. We are respecting an aversion to forced mergers at the state level.”
The proposal marks a compromise after weeks of political gridlock among committee members over perennial issues like school choice and preserving local voice in rural communities.
Education reform has consumed much of the political oxygen in the Statehouse this year and last. Gov. Phil Scott, buoyed by Republican electoral gains in the November 2024 election, ushered in plans to consolidate Vermont’s 119 school districts and reform the state’s education finance system.
Leaders in both parties have endorsed plans for reform, citing the ever increasing cost of education and the need to expand access to educational opportunities.
But Thursday’s committee plan is out of step with the more ambitious ideas floated by Scott, his Agency of Education and even Conlon himself, which would have mandated school district mergers. Conlon’s initial plan in February would have forced the merger of the state’s 119 school districts into 27, each with student populations between 2,000 and 4,000.
Yet after several weeks of deadlock, the committee pivoted to a proposal with voluntary mergers. Conlon’s plan for forced mergers “didn’t get a lot of love” from colleagues or constituents, he said.
The Senate, meanwhile, continues to hammer away at the details of their own proposal, which doesn’t look likely to follow Scott’s vision for education reform either.
The House proposal has a long road ahead of it, and will likely change significantly as it proceeds through the House and Senate. Lawmakers in both chambers will scrutinize the plan’s emphasis on voluntary mergers, and question whether the plan could find the types of savings the governor has called for.
“For me, there are misses in this,” Rep. Joshua Dobrovitch, R-Williamstown, said Thursday. “I feel like we’re not actually providing the relief that our taxpayers want in a timely fashion.”
The bill will next be taken up by the House ways and means and appropriations committees.
To merge or not to merge
The House’s proposal borrows from the school redistricting task force, the body created last year to draw up school consolidation maps. That group’s recommendation last fall bucked calls for forced mergers and instead suggested new regional entities that would share services among member school districts.
The proposal advanced Thursday would overlay seven cooperative education service agencies, or CESAs, over the state’s 119 school districts and 52 governing units.
Those regional entities, already in use in southeastern Vermont, would then facilitate the sharing of services in special education, professional development, human resources and other areas for member school districts.
Grants from the Vermont Agency of Education would help stand up those agencies, and they would be managed by a board of directors appointed by member supervisory unions and supervisory districts.
Study committees would then be formed within each CESA, which would work towards a voluntary merger process for member districts. All member school districts would be required to participate in the committees.
The study committees’ work would run through 2027 and 2028. Residents in school districts queued up by the study committees for a merger would then vote on whether to merge.
The law does offer preliminary guidance for how study committees could consider merging districts.
One proposal in the legislation, for example, would have the Addison Central, Addison Northwest and Lincoln school districts merge with the Mount Abraham Unified School District.
Another would see the Franklin Northeast, Northern Mountain Valley and Missisquoi school districts merge into one.
But voters in a district in any proposed merger would have the final say under the legislation.
The legislation would also change the effective date of the foundation formula, moving it back from July 1 2028, to July 1, 2030.
Act 73 will shift spending decisions away from local districts and their communities and to the state via a foundation formula, which would then provide each school district with a set amount of money based on the number of students enrolled.
Policy v. politics
Scott and leaders in his Agency of Education have made it clear they do not support the House’s proposal.
Scott said Wednesday he was “appreciative” of lawmakers moving anything out at all, but the proposal was not something he could accept. He’s previously threatened to veto the state budget if lawmakers don’t follow through on his education reform demands.
“If we end up in the same position that we’ve ended up in years past with increasing property taxes that dysfunction won’t allow us to fix, the voters will decide what to do with that,” he said Wednesday.
Education Secretary Zoie Saunders last Friday told lawmakers in the House Education Committee that the direction of both the House and Senate’s proposals were “concerning.”
“Each of the proposals that are put forward are not fully benefiting from scale. And we know we need to move to scale,” she said. “And if we don’t, the smaller districts will be at an inherent disadvantage.”
In the end, Conlon said he was bound by the political realities in the Statehouse. He said barriers like support for school choice and local control were too difficult to clear.
“The world we are trying to maneuver and move around in is not just policy, it is also politics,” he said.
This story was republished with permission from VtDigger, which offers its reporting at no cost to local news organizations through its Community News Sharing Project. To learn more, visit vtdigger.org/community-news-sharing-project.
Vermont
High gas prices hit Vermonters at the pump, store and heating bill – VTDigger
More than a month into the Iran war, Vermonters are facing the strain of ballooning fuel costs as commuters wince at high prices at the pump.
“It’s painful to the pocketbook,” said David Armstrong, who works in the construction industry, as he filled his truck at a gas station in Burlington on Friday.
Armstrong commutes about 40 miles a day for work, he said, and it cost him over $123 to fill his tank, even with a discount program. That’s a steep increase from the approximately $90 he says he was paying prior to the Iran war.
Fuel costs have risen dramatically across the U.S., but in Vermont, where motorists in more rural communities must travel long distances to get to jobs or to buy essentials, prices for gas and diesel have hit especially hard.
Average gas prices in Vermont have risen to $3.99 per gallon as of April 2, and prices in northern counties like Orleans, Essex, Franklin and Grand Isle have all eclipsed $4, according to AAA’s gas price tracker.
Vermont is just below the national average of $4.08 per gallon, but compared to the rest of New England, only Connecticut has a higher average price.
American households have paid $8.4 billion more for gasoline over the past month compared to prices before the start of the war on Iran, according to analysis by congressional Democrats on the Joint Economic Committee. In response to U.S. and Israeli strikes against Iran, the country closed a vital naval passage between the Persian Gulf and the Gulf of Oman called the Strait of Hormuz, effectively cutting off much of the Middle East’s supply of crude oil and natural gas from the global market.
The average household in Chittenden County uses 575 gallons of gasoline annually, which, if calculated for a year, would cost around $2,300 if Friday’s gas prices went unchanged, according to data from the Chittenden County Regional Planning Commission. Using the approximate cost of gas a year ago, a full year’s worth would cost $1,800, meaning that Chittenden County households would see an increase of $42 a month and around a $500 bump for the year.
Vermonters, who drive more and have fewer alternatives to driving compared to most states, are more exposed to price changes, according to Greg Rowangould, director of the Transportation Research Center and associate professor in the Department of Civil and Environmental Engineering at the University of Vermont.
The Transportation Research Center studied how Vermonters reacted to the last major increase in fuel prices back in 2022 at the start of the war in Ukraine. It found that people across the spectrum, from remote rural communities to Burlington, were forced to cut down on travel. Respondents said they took fewer trips, favored closer destinations and opted to chain tasks together rather than take multiple trips for essentials.
Some drivers decided to cut back on non-essential travel, too, choosing to watch Netflix rather than going on a night out, according to Rowangould.
“There are things that people do to try to avoid the costs,” Rowangould said. “But, of course, you can’t avoid all of it.”
“We’re definitely driving less now,” Dennis DeSilvey said as he and his wife, Kathy, filled their hybrid car on Friday. After a career as a doctor, DeSilvey has to watch his budget much more closely since retiring.
Meanwhile, Sarah McNamara, who works as a substitute teacher in Burlington, said she’s considering switching to commuting by bike or bus if the high prices stick around. She said her husband, who commutes to the Champlain Islands, has started talking with coworkers about carpooling to save money.
“It’s definitely going to be a new budget item, in a different category,” McNamara said of the fuel prices.
Fuel cost increases will also hit homes using heating oil, propane and kerosene, according to Vermont Department of Public Service data.
However, Vermont’s electric utilities mainly use long-term contracts with less exposure to sudden price spikes. New England’s electric grid largely relies on natural gas, nuclear, hydro and other renewable fuel sources, avoiding an immediate impact from global crude prices, according to Philip Picotte, a utilities economic analyst at the Vermont Department of Public Service.
Disruptions in global supply — especially to liquified natural gas — will have some effect on New England’s electric prices in the medium-term, according to Picotte.
Diesel fuel in Vermont has now reached $5.80 per gallon, outpacing the national average of $5.51, according to AAA, which could hit long-haul and delivery trucks especially hard. Diesel is also a main fuel source in dairy and other farming operations throughout the state.
Fuel cost increases absorbed by local businesses would eventually be passed down to the consumer level, explained Ryan Bellavance, the president of Bellavance Trucking, which operates a fleet of nearly 100 trucks based out of Barre. Bellavance transports everything from construction materials to refrigerated food items, so increased costs could be felt across a wide range of products.
Bellavance explained that fuel is already one of their largest expenses. With the recent price increase, it now might be their largest. Compared to the start of the year, prices have increased 31 cents per mile. Multiplied across their operation, that increase quickly becomes problematic.
“It’s gonna be fine until the people stop buying, you know?” he said. “And then everything comes to a halt.”
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