Our Systems are in Trouble. Recent detentions of international and immigrant students, including a Turkish doctoral student at Tufts who was transported to Vermont and a Palestinian resident of Vermont, raise serious questions about whether our institutions are upholding core American principles of due process, free speech, and equal protection under the law.

These cases aren’t just about immigration or protest. They’re about whether we’re respecting the Constitution, and whether people in Vermont and the U.S. can rely on our systems to work correctly and fairly, regardless of their background or beliefs.

The Constitution Doesn’t Say “Citizens Only”

There’s a dangerous misconception that constitutional rights only apply to U.S. citizens. That’s not how our legal system works. The Fifth and Fourteenth Amendments refer to persons, not citizens. That is because our founders understood that justice must apply broadly to have any meaning. This application has been upheld repeatedly by the courts.

That includes people like Mohsen Mahdawi, a green card holder living in Vermont since 2014, He had a citizenship interview scheduled on April 14, 2025. But instead of processing his naturalization, hooded plainclothes ICE agents handcuffed and took him from the USCIS office in Colchester in an unmarked van. Rumeysa Ozturk, a doctoral student in Massachusetts, was detained and transferred to Vermont. They are both legally present in this country and fully protected by the U.S. Constitution.

Due Process Is Not Optional

Our government cannot detain or deport people without a fair process. That’s not a political statement. It’s a legal standard outlined in the Fifth and Fourteenth Amendments. Mr. Mahdawi was not charged with a crime. According to his lawyers, the government is seeking his removal based on speech he engaged in as a student organizer at Columbia University, protected political speech that the Trump administration now claims may compromise U.S. foreign policy interests. Rumeysa Ozturk has also not been charged with a crime, but co-authorship of an op-ed found common cause with an organization that was later temporarily banned from campus.

Trying to move someone across the country, or out of it, before they can speak to a judge undermines those rights. It erodes trust in the entire system. There is a growing record of the Trump Administration moving detainees without notifying their legal representatives.

The First Amendment Applies to Everyone on United States Soil

Freedom of speech and assembly are not just guaranteed for American citizens. These are constitutional protections that extend to anyone and everyone located in the United States, regardless of where they were born or their citizenship. If these recent detentions are in any way connected to peaceful protests or political speech, especially about war, human rights, or foreign policy, that’s not just upsetting. It’s unconstitutional.

As Vermont Congresswoman Becca Balint said this week: “Without due process and the right to free speech, this is not the America we thought we lived in.”

Legal Presence Comes in Many Forms

There’s no single definition of being “legally in the U.S.” It includes:

• Citizens: People who have full legal membership in the United States, either by birth or through naturalization. They have the right to vote and cannot be deported.
• Green card holders: Lawful permanent residents who are authorized to live and work in the U.S. indefinitely. They can apply for citizenship after meeting certain requirements.
• Student visa holders: Individuals in the U.S. on a temporary basis for educational purposes, usually under an F-1 visa. They must maintain enrollment and leave the country when their program ends unless they adjust their status.
• Refugees and asylum seekers: People who flee their home countries due to persecution or fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Refugees apply from outside the U.S.; asylum seekers apply from within.
• Temporary Protected Status (TPS) recipients: Individuals from certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. TPS allows them to live and work in the U.S. temporarily but does not lead directly to permanent residency.

In both of these cases, the individuals detained were in the country legally. And even for those who are not in the country legally, our Constitution still limits how the government can act. They still have the right to due process, to free speech, and to be treated humanely. We are also bound by international law not to send people back to places where they could be tortured. These protections aren’t optional or theoretical.

Vermont’s Role

State Senator Becca White was present when Mohsen Mahdawi was detained after being called in for a citizenship interview. The following day, the Vermont Senate immediately began to debate Vermont’s relationship with ICE. Governor Phil Scott has said he’s concerned about conditions in out-of-state ICE facilities. That concern is shared by many Vermonters.

Vermont can review any agreements between state or local law enforcement and federal immigration authorities to ensure transparency and clarity regarding their role in immigration enforcement. The state can consider implementing stronger protections that limit local cooperation with ICE, focusing on notification and access to legal counsel.

The larger question for me is whether people are being detained and deported without due process, or for exercising their First Amendment rights.

When federal actions begin to look like political retaliation, I believe local and state leaders have a responsibility to ask hard questions about . In Vermont, that includes making sure we aren’t complicit in potential violations of civil liberties, or in the use of federal power to silence dissent. Understanding the broader national context is important as the Governor and legislative leaders consider how to respond. So is understanding international law.

The U.S. is a party to several international agreements that prohibit arbitrary detention and protect due process:

• International Covenant on Civil and Political Rights (ICCPR): Article 9 guarantees the right to liberty and security of person and prohibits arbitrary arrest or detention. It also requires prompt access to a judge and legal process.
• Convention Against Torture (CAT): Prohibits returning individuals to countries where they face the risk of torture (non-refoulement).
• UN Declaration on the Protection of All Persons from Enforced Disappearance: While not binding, this declaration reflects growing international consensus and sets standards that should inform U.S. practices.

While these agreements don’t override U.S. law, our Constitution and U.S. courts have often recognized their relevance when interpreting due process, asylum protections, and human dignity. Vermont should not be complicit in violating international norms that America as a nation helped to establish.

Why This Really Matters

These detentions are not isolated. They’re signs of stress on the U.S. legal and democratic systems we rely on to keep power in check.

People should not have to wonder whether their visa status puts their rights in jeopardy. They shouldn’t face deportation because they protested a war. And they shouldn’t be moved in the dark of night before they can speak to a judge or their attorney.

What happened to Mohsen Mahdawi and Rumeysa Ozturk may not meet the strict legal definition of human trafficking, but the methods being used hooding agents, handcuffing, transporting across state lines without explanation or legal access – are problematic. These tactics violate basic democratic norms and may breach international human rights agreements the United States is bound to uphold, including protections against arbitrary detention and enforced disappearance under the International Covenant on Civil and Political Rights. When law enforcement uses intimidation, secrecy, and fear instead of transparency and due process, it does more than undermine our Constitution, it perpetuates practices condemned by the international community. That should concern every American, and every Vermonter.

If you’re able, consider supporting the Vermont Asylum Assistance Project (VAAP), an organization dedicated to providing critical legal help and advocacy for Vermont’s non citizen community or AALV. Through their statewide services, pro bono coordination, and public education efforts, VAAP plays a vital role in advancing immigrant rights and supporting those in need of legal assistance. AALV helps new Americans gain independence and stability through integration services, including case management, workforce development, and interpreter programs delivered by multilingual, multicultural staff.

We must do better. Upholding our Constitution isn’t just talking about our ideals. It’s about action, accountability, and protecting the systems that are supposed to protect all of us.

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Laura Sibilia is an independent State Representative from Dover, Vermont. She serves on the House Energy and Technology Committee and is part of the leadership for the Vermont General Assembly’s Rural Caucus and Vermont National Guard and Veterans Affairs Caucus.