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Trucker’s brief detour into Canada leads to 3 weeks in federal custody – VTDigger

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Trucker’s brief detour into Canada leads to 3 weeks in federal custody – VTDigger


The Highgate Springs border crossing with Canada in 2021. File photo by Glenn Russell/VTDigger

Arnaldo Gregorio Alay Aguilar was following his navigation system while delivering a truckload of logs to New York and ended up at Vermont’s Highgate Springs border crossing into Canada. 

Canadian officers would not let him back up the truck for safety reasons, his lawyers say. So he was forced to cross through, make a U-turn and report to a border official on the U.S. side.

That detour led to the 40-year-old trucker being held in federal custody for three weeks. But the government did not make a case for why, according to court documents.

The situation has similarities to a pattern that emerged in recent immigration operations in Burlington and South Burlington, where government lawyers failed to provide evidence when seeking to hold people picked up by U.S. Immigration and Customs Enforcement. 

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U.S. District Court Judge Geoffrey W. Crawford ordered Alay Aguilar’s immediate release last week “given the nature of the constitutional violations in this case,” according to the court order.

Federal officials “failed to provide Petitioner with a charging document or to articulate a clear or legally sufficient basis for his detention,” his lawyers stated in court filings.

In his order, Crawford noted that the government had offered no justification except a reinterpretation of the Immigration and Nationality Act as it applies to people who originally entered the U.S. without authorization and have been living in the country. Alay Aguilar has a pending asylum application from October 2025. 

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Federal lawyers argued that a person in his situation is subject to mandatory detention and not entitled to a bond hearing, at which an immigration judge would consider whether the person is a flight risk or a danger to the community. 

That reinterpretation, Crawford determined, was wrong. 

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Amid the Trump administration’s continued crackdown on immigration, federal judges in Vermont this year have issued a string of rebukes to ICE for violating people’s constitutional rights while detaining them.

Nathan Virag, one of the lawyers who represented Alay Aguilar in federal court in Burlington, said the government had no grounds for holding his client.

“This is a person who did not try to leave the United States. It was an inadvertent reroute that should not count as a departure from the United States,” Virag told VTDigger. Virag is a lawyer with the Association of Africans Living in Vermont.

Co-counsel Erin Jacobsen, a lawyer with the Vermont Asylum Assistance Project, said the hearing March 25 was brief and featured “very little argument by the U.S. Attorney’s Office.”

Spokespeople for U.S. Customs and Border Protection, ICE and the Department of Homeland Security did not respond to questions via email about the case.

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Alay Aguilar’s description of what happened when he reached the Canadian border March 5 is contained in the habeas corpus petition filed in U.S. District Court on March 23, the federal response filed March 24 and the judge’s order filed March 25.

A citizen of Ecuador, Alay Aguilar lives in North Carolina and had applied for asylum in October 2025, according to court filings. That case is pending.

A long-haul truck driver with a valid commercial driver’s license, he recently took up an extra gig — to haul timber from Vermont to New York — to pay for an immigration lawyer for an upcoming asylum-related hearing, according to his lawyers’ petition.

Alay Aguilar inadvertently crossed into Canada at Highgate Springs, one of the busiest border crossings in New England, while following directions on the truck’s navigation system, the petition said.

Canadian border personnel, who communicated with Alay Aguilar in Spanish, would not let him reverse the truck for safety reasons. 

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When Alay Aguilar tried to reenter the U.S., a Customs and Border Protection official gestured for him to exit the truck and walk into a building, which he did. 

In the building, Alay Aguilar was allowed to communicate using Google translator on his phone. Officials said there was a problem with the truck’s manifest and ordered him to call the owner, which he did. CBP officials then spoke with the owner in English and did not translate the conversation, court documents state.

Officials then confiscated his phone and handed it to an ICE official. ICE personnel then handcuffed Alay Aguilar and drove him to an office about 15 minutes away where he was detained for about three hours, according to court documents, before being moved to Northwest State Correctional Facility and held there. 

Court filings indicate Alay Aguilar fled Ecuador and entered the United States around November 2023. He was detained by the Department of Homeland Security near the Mexican border and held for a few weeks, after which he accepted the government’s offer to fly him to New York so he could pursue asylum outside of detention, his lawyers said in their petition.

He relocated to Charlotte, N.C., and applied for asylum. He received work authorization and is currently employed by a local company in North Carolina. He has lived and worked in North Carolina for two years, where he has friends and a serious girlfriend, his lawyers said in court documents. 

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“There were no changed circumstances after his release on his own recognizance in 2023, no criminal history, so it really was an unconstitutional detention,” Virag said in an interview.

Cases arising out of accidental border crossings are based on Homeland Security officials “misinterpreting” decades-old rules meant to punish people making an initial entry into the United States or those who are a danger to the community and pose a flight risk, Virag said. Judge Crawford noted in his order that Alay Aguilar had not been found to present a danger or a flight risk. 

“These detentions serve no legitimate government purpose or interest,” Virag said.

Similar border crossing detentions last year — involving Alexi and his family and Jose Ignacio “Nacho” De La Cruz and his stepdaughter, for instance — illustrate some of the tactics CBP have used on noncitizens amid detention quotas mandated by the Trump administration.

As for Alay Aguilar, his detention was one of “fear, confusion, isolation, and hopelessness,” his lawyers said in court filings.

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“This case had a good outcome, but Mr. Alay Aguilar was subjected to 20 days of detention with absolutely no due process whatsoever — a completely unjustified, inexcusable, traumatizing abuse of power,” Jacobsen said. 

“In many ways, Arnaldo’s case was like the other unconstitutional detentions we’ve seen, with our government arresting and detaining people outside of regular and constitutionally required procedures,” she added.

And his lawyers would not have known about his case were it not for the Vermont Asylum Assistance Project’s detention check program, she said. Under that program, lawyers and interpreters proactively visit the detention centers in Vermont. Alay Aguilar  was found at the St. Albans prison during one such visit on March 18, she said.

Now that Alay Aguilar has been freed, he is back in North Carolina.

“He will be able to resume what he was doing before his apprehension — working, taking care of his family and continuing to pursue his asylum case,” Jacobsen said.

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Vermont

Some Vermont doctors embrace the new ‘direct primary care’ model

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Some Vermont doctors embrace the new ‘direct primary care’ model


BURLINGTON, Vt. (WCAX) – The open house for a new medical office in Williston looked ordinary enough.

On a recent Friday evening, a smattering of prospective patients grazed on fruit and healthy snacks, peeked at the exam room, and chatted with the owner and staff members of Blue Spruce Health.

But the flyer announcing the event contained clues that this wasn’t your typical doctor’s office. It’s one of a growing number of practices in Vermont that deliver medical care through a relatively new model known as direct primary care.

Though similar in concept to a more commonly known version called “concierge medicine,” direct primary care touts cheaper care — fees typically top out at $200 a month — allowing doctors to see patients who are from a range of income levels rather than just high earners. It’s sometimes referred to as “blue-collar concierge.”

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Darren Perron spoke with Seven Days’ Alison Novak, who reported on the new health care model in this week’s edition.



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Vermont

Applications open for money to restore old Vermont barns

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Applications open for money to restore old Vermont barns


Vermont’s barn preservation effort is getting a fresh coat of energy as the state opens applications for the 2026 Vermont Barn Painting Project.

The initiative offers reimbursement to farm families for painting and minor repairs that help maintain historic barns, according to a community announcement. Funding comes from the A. Pizzagalli Family Farm Fund, and ten barns will be selected for support this year.

The announcement notes that the program continues a long-running effort supported by Angelo Pizzagalli and the family fund. The fund has been involved in barn restoration work for years, evolving into the microgrant format now being used to help farm families manage the upkeep of large, aging structures.

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Applications are open through April 30 and will be reviewed as they arrive, according to the announcement. Incomplete submissions will not be considered.

Interested barn owners may apply online or email Scott Waterman at Scott.Waterman@vermont.gov for more information.

This story was created by Dave DeMille, ddemille@gannett.com, with the assistance of Artificial Intelligence (AI). Journalists were involved in every step of the information gathering, review, editing and publishing process. Learn more at cm.usatoday.com/ethical-conduct.



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Vermont lawmakers plan for the death of the penny – VTDigger

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Vermont lawmakers plan for the death of the penny – VTDigger


A person holds a giant penny at a mock funeral for the coin, which was discontinued in 2025, in front of the Lincoln Memorial in Washington. AP Photo/Julia Demaree Nikhinson

What good is a penny at this point? Penny candy is a thing of the past, and a modern-day penny-pincher wouldn’t get very far if this were their get-rich strategy. 

(This newsletter, though, costs you less than a penny. Chip in if you can.)

U.S. mints no longer make pennies, a decision that saves taxpayers an estimated $56 million annually. When the U.S. Treasury Department announced the country would stop minting them, it marked the end of an era — sorta. 

Though those pesky copper-colored coins remain in circulation, some businesses, both in Vermont and nationwide, have begun experiencing penny shortages. 

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Enter H.837. The bill outlines a plan that could allow retailers to phase out the penny by rounding up or down cash transactions to the nearest nickel. 

Other states, including Arizona and Indiana, have passed rounding legislation, and a handful of others are considering it. As written, Vermont’s bill wouldn’t require rounding, a similar approach favored in other jurisdictions. 

Some Vermont businesses have already adopted rounding. But lobbyists for Vermont businesses say some of their members fear the practice — without explicit state blessing — could open a business up to a lawsuit over alleged unfair and deceptive practices.

Worried or not, rounding will likely become more necessary as pennies get harder to find, Maggie Lenz, a lobbyist for the Vermont Retail and Grocers Association, told the House Commerce and Economic Development Committee Tuesday. She encouraged the state to create a rounding framework, but discouraged lawmakers from making such a program mandatory. 

Rep. Tony Micklus, R-Milton, agreed that rounding should be optional, but said the state should mandate a specific rounding framework for the businesses that choose to round. 

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H.837’s approach, which would round down totals ending in 1,2,6 and 7 cents, and round up totals ending in 3, 4, 8 and 9 cents, would seem to be the fairest to consumers and businesses, those who testified agreed.

But the change is likely not net neutral. Zachary Tomanelli, a consumer protection advocate for the Vermont Public Interest Research Group, cited a Federal Reserve study that indicated rounding could cost consumers $6 million annually nationwide. That’s because businesses price goods in ways that tend to lead to rounding up. 

He called the cost modest and said he generally supported the bill.

Despite H.837 not making it past the crossover deadlines, there’s still hope that pennies might make it into Vermont’s currency cemetery. Rep. Michael Marcotte, R-Coventry, the commerce committee’s chair, said his committee could stick the rounding legislation in the Senate’s economic development bill. 

That said, you might not want to ditch your pennies quite yet. 

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In the know

Here are some numbers for you: Between 2012 and 2022, Vermont’s primary care workforce declined by 13%. In that same time period, the specialist workforce grew by 23%. That’s according to testimony Jessa Barnard, with the Vermont Medical Society, gave to lawmakers in the House Health Care Committee Tuesday. She said the numbers are reflective of a trend in medicine nationwide, attributed to the fact that primary care docs often make less but pay the same high cost for medical school as their peers in more specialized roles.

In Vermont, Barnard said that this widening gap is leading to a particularly acute shortage. According to a report her organization put out in 2022, the state needs 115 primary care providers to meet the national benchmark for our population size. That figure includes OBGYNs, pediatricians and  family medicine docs.  By 2030, as our state’s population grows even older, the Vermont Medical Society expects the state to need 370 more primary care physicians to meet the national benchmark.

— Olivia Gieger

Sen. Alison Clarkson, D-Windsor, spoke with members of the House Commerce and Economic Development Committee Tuesday afternoon about S.327, an economic development bill that supports a number of public resources for business owners across the state.

The bill has had a tough go of it so far.

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Clarkson handed out copies of what she referred to as “the actual bill,” which meant the package voted out by her own Senate Economic Development Committee before being “pretty much fully gutted” on its way through the Senate Appropriations Committee.

In a tight budget year, she said, this bill’s focus was on “supporting what works really well” for Vermont businesses. For Clarkson, that means continuing to invest in the initiatives like the Vermont Economic Growth Incentive program, a set of grants to help businesses expand in the state, which is scheduled to end in January. The Senate, she pointed out, has voted to extend the program for several years in a row, most recently through S.327.

“I am charging the House with doing the same thing,” she said.

Clarkson is also in favor of deepening the state’s relationships with outside investors by funding state delegates abroad. Vermont, she argued, should have more well-placed representation in areas like Québec — which this bill would provide for — and in the future Taiwan, which recently pledged to invest heavily in U.S. tech industries.

“We need somebody whose hand is up saying ‘yes, over here!’” Clarkson said.

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House commerce members met informally with a delegation from Taipei later Tuesday.

— Theo Wells-Spackman

On the move

The Senate advanced a bill Tuesday that would allow parents in Essex County to pay tuition to send pre-K students to New Hampshire schools.

In Vermont’s most rural county, families struggle to access pre-K programs, at least on this side of the border.

But S.214, legislation originally proposed by Sen. Kesha Ram Hinsdale, D-Chittenden Southeast, would allow for a handful of families near the New Hampshire border in Essex County to tuition their pre-K-aged children to New Hampshire schools, Sen. Steve Heffernan, R-Addison, said on the Senate floor.

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Kindergarten through grade 12 are already able to tuition to New Hampshire schools. 

The Senate will need to vote on the bill once more before sending it to the House.

— Corey McDonald





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