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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

A Vermont couple builds an 800-square-foot home on a budget – The Boston Globe

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A Vermont couple builds an 800-square-foot home on a budget – The Boston Globe


Sam Gabriels and Chrissy Bellmeyer were no strangers to living small. Before they met, Bellmeyer designed and lived in a tiny house on wheels and Gabriels spent four years living out of a van, looping the country to organize pop-up farm-to-table dinners alongside Michelin-starred chefs. So, when the couple bought a half-acre lot in Waitsfield, Vermont’s Mad River Valley in a development called the Waitsfield Ten, where neighbors help each other build, 800 square feet didn’t feel like a constraint.

Architectural designer and builder Andy White of Boreal Design started by creating a simple, 20-by-20-foot box that was drywalled, then painted, in a weekend. Inside it, White built the living spaces as independent, self-supporting platforms arranged at staggered heights. He describes the plan as a counter-clockwise spiral: Down one step from the entry into the living room, up two into the kitchen, up one more into the dining room.

The level variations define each space. “If built traditionally with two floor plates and 9-foot ceilings, the house would feel claustrophobic,” White says. “Here, you experience the full interior volume, with long sightlines from corner to corner.”

Without walls dividing the public spaces, rooms morph to fit current needs and individual elements do double or triple duty. For example, the open cubbies that store Gabriels’s vinyl collection are also perches for overflow dinner party guests in the dining room and extra seating in the living room. Initially, White worried — unnecessarily — that the living room was too small and lacked a wall for a television. The couple got a projector and screen, and noted that the deck expands the experience. The mechanicals and storage are under the floors.

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The window arrangement of this sustainable home in Waitsfield, Vermont, takes advantage of passive solar heating and cooling.Ryan Bent

Upstairs, the 8-by-12-foot space in front of the primary bedroom is both a closet/dressing area and mini lounge. In the morning, guests might wander over from the second bedroom to chat; during parties, it’s another spot to hang out. “We’re very open people, so it works for us,” Gabriels says. If things change, the couple could add standard-size French doors to hide their bed. The second bedroom, which already has a pocket door for privacy, could absorb the office nook beside it to become a larger bedroom.

The materials palette celebrates what’s commonly available: nothing is precious, everything is considered. Walls and ceilings throughout are CDX fir plywood — construction-grade sheathing that is normally hidden behind drywall. Structural fir posts, usually buried, are left exposed. The couple planed, sanded, and stained the posts and sanded all the plywood, removing lumberyard stamps. In place of galvanized joist hangers, White used inexpensive angle steel, spray-painted black. Running the length of the staircase and bracketing the bedroom thresholds, it’s the home’s signature accent. It matches the exterior siding — corrugated metal that is distinctive, inexpensive, easy to install, and low-maintenance.

The bedrooms, each in their own wood box, illustrate how architect Andy White conceived of the interior spaces on a grid.Ryan Bent

Sustainability was non-negotiable. Fourteen-inch-thick, cellulose-filled walls push the dwelling past passive-house standards for insulation and airtightness. They also leave deep window sills that double as seating, plant shelves, and such. The utility bill for the all-electric home averages just over $100 per month (excluding internet).

Decor-wise, color does the talking. The bright yellow kitchen and pink-tiled bath are odes to homes that Gabriels admired in New Mexico, Oregon, and California. “We took a Pacifico beer bottle cap to Home Depot to find the right canary yellow for the kitchen cabinets,” Bellmeyer says.

The built-in daybed under the stairs increases seating in the 101-square-foot living room, as do the storage cubbies and low wall that separate it from the dining room.Ryan Bent

White says his construction methods make it easy to add onto the home, although the couple has no plans to do so. Rather, they hope to build an ADU to offer housing to others in the community. “This is a mid-income development, making it cheaper than the median house price but not attainable for everyone,” Bellmeyer says.

Meanwhile, they’re grateful for White’s unconventional approach, fulfilling their wish list within the square footage their budget allowed.

White deflects the praise back onto the couple. “The home wouldn’t have come together the way that it did for anyone else; it’s very much theirs,” he says. “Chrissy and Sam’s vision, willingness to take risks and reimagine typical rooms, informed the design more than any specific space-saving or building strategy.”

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Architectural designer and builder: Boreal Design, borealdesignvt.com

Cabinetmaker: Han Hewn, hanhewn.com

Walking in the front door, you can see the entire first floor of this 800-square- foot Vermont home.Ryan Bent

Marni Elyse Katz is a contributing editor to the Globe Magazine. Follow her on Instagram @StyleCarrot. Send comments to magazine@globe.com.





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Ben & Jerry’s Foundation says it will shut down amid legal dispute with parent company – VTDigger

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Ben & Jerry’s Foundation says it will shut down amid legal dispute with parent company – VTDigger


Two patrons enter the Ben & Jerry’s Ice Cream shop on Church Street in Burlington. File photo by Charles Krupa/AP

The Ben & Jerry’s Foundation says it will shut down at the end of the year after its corporate parent cut off funding and evicted its three staffers Wednesday. The move leaves $600,000 a year in grants to Vermont organizations, and 40 years of the ice cream brand’s progressive mission, hanging on a judge’s future ruling.

“This is the other foot dropping in terms of the way Magnum is trying to destroy the social values of Ben & Jerry’s,” said Ben Cohen, co-founder of Ben & Jerry’s Homemade, in an interview Wednesday.

The Vermont-based iconic ice cream brand has been in a legal fight with its parent company, The Magnum Ice Cream Co. — an ice-cream spinoff of the larger corporation Unilever — since November 2024. Ben & Jerry’s alleges that the corporation overreached its control, pushing out the CEO and interfering with the brand’s political views. The question before a judge is whether the corporate parent had the authority to reshape governance and withhold funding from the foundation. 

Amid the push-and-pull over governance, Unilever audited the foundation, which is the philanthropic arm of Ben & Jerry’s, in April 2025, finding conflicts of interest and a lack of governance and financial control. 

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Liz Bankowski, president of the foundation’s board of trustees, said in an interview that Unilever withheld the philanthropy’s funding late last year and ordered foundation staff to vacate its corporate office in South Burlington by July 15 because of governance issues the audit raised. This led the foundation’s leaders to join the ongoing lawsuit, fought by the ice cream brand’s independent board, in an effort to retain funding. The lawsuit is pending in the U.S. District Court for the Southern District of New York. 

While the foundation’s leadership is framing the decision to cease operations as the only option after Unilever withheld funding, an unnamed spokesperson for Magnum wrote in a statement to VTDigger that the shuttering is “entirely down to the Trustees and their decision to ignore the findings of an independent audit and failure to put in place basic good governance; much to our dismay.” 

Since the audit, the foundation has adopted a conflict of interest policy, but “the bottom line was that unless we changed our board, they were going to continue to withhold funding,” Bankowski said.  

Cohen described the audit as “a bunch of trumped-up charges.” 

“The foundation has been independently audited every year,” he said. “I think that Magnum was searching in vain for some illegal or unethical activities. I think they found none.” 

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Since Ben & Jerry’s sold the ice cream business to Unilever in 2000, the corporation has given $60 million to the foundation. The philanthropic arm has operated for 40 years, supporting the ice cream brand’s progressive mission by offering financial backing to social justice organizations across the country. The foundation does not have an endowment and is reliant on the funding its parent company gives annually, outlined in its merger contract.

A chunk of that funding, $600,000 a year, goes to Vermont organizations such as the immigrant farmworker rights organization Migrant Justice and the LGBTQ+ nonprofit Outright Vermont, according to foundation leaders. 

“We fill a particular niche that not a lot of other funders fill,” said Rebecca Golden, the foundation’s director of programs, who has worked at the organization for 34 years. 

Golden is one of three foundation staffers whose last day in the physical office is Wednesday, following orders from Magnum to vacate. Although Magnum did not directly address its vacate order in its statement to VTDigger, the spokesperson wrote that the foundation’s leaders recently “took the position that its staff are not Ben & Jerry’s employees, despite utilising Ben & Jerry’s offices and systems.”

Golden described the possible shutdown as an “enormous loss” that will not only affect the organizations that the foundation supports but also Ben & Jerry’s employees who “feel very proud of being a part of the foundation.” 

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“It’s been a really long year, so there’s been a lot of emotions — the whole gamut, as we like to say of the seven stages of grief. But I think at this point we’re sort of in the acceptance phase,” she said. 

The Magnum spokesperson indicated that the work of the foundation will continue even if its leaders decide to cease operations at the end of the year, writing that the company is “firmly committed to funding a grant-giving foundation, supported by appropriate governance controls to ensure it is living by its values.”

But Cohen is not confident that Magnum will uphold the values of the Ben & Jerry’s Foundation in the corporation’s continued philanthropic efforts. 

“What are they going to fund? I have no idea. My guess is that they would not be looking to fund entities that are opposed to the status quo,” Cohen said.

The foundation’s leaders have pointed to its support of Migrant Justice during a period when the farmworker organization was considering a boycott of Ben & Jerry’s as an example of their commitment to social justice. After immigrant farmworkers raised concerns about working conditions at farms supplying Ben & Jerry’s, the company joined a program that collaborates with farmworkers to strive for fair working conditions. 

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Political activism has been central to the Ben & Jerry’s brand since its founding. As a part of the ongoing lawsuit, Ben & Jerry’s alleged in a May filing that Magnum has been undercutting its social justice mission in order to “censor, intimidate and purge” the company’s independent board, which Cohen said was created to defend its progressive values. 

Three of the board’s members, including one who has been an outspoken critic of Israel, were removed late last year after the parent corporation introduced a new set of governance practices. In its motion to dismiss the lawsuit, Magnum argues that it retains ultimate authority and the brand’s social mission must be nonpartisan.  

As the lawsuit awaits a decision, Cohen, who is not a part of the suit, has created a campaign to “free Ben & Jerry’s,” amassing around 160,000 signers for its petition demanding that Magnum sell Ben & Jerry’s to a “group of values-aligned investors.”   

“The very values-led business model that built Ben & Jerry’s into this amazing, phenomenal brand is the very thing that Magnum is currently destroying,” Cohen said.





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Hazy, hot, and humid: Wildfire plumes give southern Vermont skies an odd glow

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Hazy, hot, and humid: Wildfire plumes give southern Vermont skies an odd glow


SOUTHERN VERMONT — A thick veil of wildfire smoke high in the atmosphere is transforming the sky over our local Bennington and Windham Counties this week – casting an eerie glow, muting the sun, and leaving air quality in the moderate range – even as temperatures and humidity remain oppressive.

According to federal forecasters, the hazy and particulate-laden sky and unusual colors are the result of smoke from more than 830 active wildfires burning across Canada and northern Minnesota, funneled into New England by the jet stream and trapped over the region by stubborn weather patterns.

What people are seeing, and why the sky looks so strange

Over the course of Wednesday, residents across Southern Vermont reported the sky shifting from orangey‑yellow to umber to violet hues tinged with pink, with a yellow cast over the landscape and a deep red or dark orange sun, especially nearest to sunrise and sunset.

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On a normal and clear day in Southern Vermont, tiny molecules in the atmosphere scatter mostly blue light, which is why the sky appears blue.

However, this week, the air is filled with larger particulate matter from wildfire smoke, which scatters longer wavelengths of light – oranges and reds – in a process known as Mie scattering (pronounced “mee,” and named after physicist Gustav Mie who first published the mathematical description of this weird-looking light-scattering phenomenon).

Due to Mie scattering, the sky can appear milky white, with sepia tones, or faintly pink‑violet, instead of blue. The sun may appear like a dark orange or red disk, especially when low to the horizon, and sunlight at ground level feels weaker and more filtered, as if being viewed through rose-tinted glasses. And these are the effects that we are currently experiencing.

Where the smoke is coming from, and how it travels

Federal agencies have reported that more than 800 wildfires are burning in Canada, with additional fires in northern Minnesota near the Canadian border. Many of these are large, and burning through dense boreal forests with little or no containment.

These blazes have triggered evacuations at their locales and in the surrounding areas, and are attributed to areas experiencing intensive drought.

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The smoke created from these wildfires reaches Vermont through a series of atmospheric steps.

The jet stream’s “conveyor belt” of high‑altitude winds scoop up smoke from the Central Canada region and carry it southeast across the Great Lakes and into New England.

A high‑pressure “lid” forms, where a strong high‑pressure system causes air to sink (a process known as subsidence) which then presses some of the elevated smoke closer to the surface.

A stalled weather pattern can occur, where slow‑moving systems over Canada and the Northeast keep the flow of smoke aimed at the region instead of sweeping it quickly away.

These patterns mean that – even though the fires are hundreds of miles away – fine particulate matter (PM2.5) from those blazes is now suspended over Vermont and neighboring states.

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Local air quality: Moderate, with cautions for sensitive groups

On Wednesday, air quality in Bennington and Windham Counties sat in the “moderate” category, with the Air Quality Index (AQI) fluctuating roughly between the low‑50s and high‑90s. This was driven primarily by PM2.5 from the presence of wildfire smoke.

In practical terms, most healthy adults can go about their normal routines outdoors. However, more sensitive groups – older adults, children, people with asthma, COPD, or heart disease – are advised to limit prolonged or heavy exertion outside, especially during the haziest periods.

Those with prolonged exposure may notice throat irritation, mild coughing, or even eye discomfort – particularly during intense exercise.

Residents can track real‑time conditions using the federal AirNow “Fire and Smoke Map” and Vermont‑specific dashboards, which show localized AQI readings as plumes shift during the day on Thursday.

How the smoke is affecting storms, heat, and humidity

The same smoke that is changing the sky’s color is also subtly reshaping the weather over Southern Vermont.

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Forecasters note several key effects. These include solar dimming, where smoke particles in the upper atmosphere scatter and absorb sunlight, acting as a partial sunblock. This can shave a few degrees off daytime highs, compared with what might otherwise occur under clear skies.

It can also include “capping inversion.” By warming the air aloft, the smoke can create a “cap” – a warm layer that suppresses rising air. This can weaken thunderstorms, even when surface heat and humidity are high.

Another key effect is cloud microphysics, where extra smoke particles provide millions of tiny surfaces for water vapor to cling to, producing many “very tiny” droplets rather than fewer larger raindrops. These smaller droplets don’t fall as easily, which can reduce heavy rainfall and the actual structure of a storm.

For example, on Tuesday night, Southern Vermont sat under extremely high humidity fueled by warm southerly winds pulling tropical moisture up the East Coast ahead of a cold front. Under normal conditions, that setup could have produced stronger thunderstorms. Instead, wildfire smoke likely muted the intensity of those expected storms, leaving the region with more of a muggy “soupy” feeling than the explosive severe weather that many expected.

Short‑term outlook for southern Vermont

Through Wednesday and into Thursday, forecasters expect the following for our Southern Vermont region:

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  • Sky conditions – Persistent haze and milky skies, with periods of thicker smoke as the plumes shift southward and then rise again. The sun may remain reddish or orange at times.
  • Temperatures and humidity – Highs in the mid‑80s, with oppressive humidity at times, especially ahead of the next cold front.
  • Air quality – AQI values are forecast to remain in the moderate range, occasionally bordering on “unhealthy for sensitive groups” during heavier smoke intrusions (these are expected through Thursday).
  • Showers and storms – As another cold front approaches us on Thursday, scattered showers are expected with isolated downpours and localized “non‑severe” thunderstorms. (Smoke may again limit storm strength somewhat.)

By Friday, higher pressure and drier air are expected to build in from the west, bringing more seasonable temperatures in the upper 70s to mid‑80s, lower humidity, and improved air quality – though some high‑level haze may linger.

For now, we will continue to look at our landscape through our “rose-colored” glasses.



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