updated: 5/2/2025 3:30 pm
updated: 5/1/2025 10:22 am
originally published April 30th, 2025

Many Vermonters are concerned about recent federal actions and how they may impact the relationship between federal,

state and local law enforcement and Vermont communities, particularly related to immigration enforcement. A new executive order from the White House calls for broader police powers and deeper involvement by local officers in immigration enforcement. A key part of the new executive order involves increased access to federal equipment and militarized training programs, which has previously raised concern in Vermont. While Vermont has historically resisted militarized policing approaches, expanded federal programs raise questions about long-term impacts on our state’s commitment to community-based policing. These provisions raise concerns about the militarization of police forces, which could lead to tactics and strategies that feel more aggressive and less community-focused. The order also calls for law firms to provide pro bono defense of officers accused of misconduct.

While this may be framed as a public safety effort, it creates a growing tension especially for immigrants, young people, and historically marginalized communities. Vermonters are asking me what these changes mean for them and some have asked me what they should do in an encounter with federal immigration law enforcement.

Because much of Vermont lies within what is known as the 100-mile border zone, federal immigration officers may claim broader authority for certain types of enforcement actions. However, constitutional protections, including those under the Fourth Amendment, still apply.

As someone with family in law enforcement, I appreciate the difficulty, danger, and public scrutiny that officers face on the job. Our communities rely on the courage and judgment of those in law enforcement. But protecting public safety also includes protecting constitutional rights. These are not competing values.

Knowing Your Rights

If you’re stopped by police, you have the right to remain silent beyond giving your name. It’s important to stay calm and polite, but you don’t have to answer questions beyond basic identification. You can simply say, “I am exercising my right to remain silent.” This right applies whether you’re a U.S. citizen or not. It is important for both the public and officers to engage respectfully, follow procedures, and ensure that both constitutional rights and the safety of all involved are respected during these encounters.

You also have the right to refuse a search. Unless an officer has a warrant or can demonstrate probable cause, you can say, “I do not consent to a search.” Do not argue or resist physically, just state your rights clearly and calmly.

If you are arrested or detained, you have the right to know why, to remain silent, and to speak with a lawyer. You can say, “I want to speak to a lawyer,” and you should not sign anything or answer further questions until you have legal advice.

According to federal regulation (8 C.F.R. § 287.8), federal immigration officers must identify themselves as such at the time of arrest. Outside of arrest situations, they may not disclose their agency and are allowed to use deception (sometimes referred to as “ruses”) in conducting investigations.

Immigration status does not erase these rights. The Constitution’s protections apply to EVERYONE inside U.S. borders, regardless of whether they are a citizen, visa holder, refugee, or undocumented.

Public Accountability

It is also legal to record police activity in public, as long as you’re not interfering. In fact, documentation can be an important tool to ensure accountability and transparency which benefits officers and community members. If you’re in a private place or a sensitive situation like a hospital, someone’s home, or during an active investigation there may be legal limits on recording or staying in the area.

In Vermont, law enforcement officers are required by the state’s Fair and Impartial Policing Policy to introduce themselves and state their agency. However, federal officers, like immigration enforcement agents, are not bound by the same requirements. In fact, at the federal level, there is no statute requiring officers to identify their agency unless making an arrest. In specific contexts, such as federal response to civil disturbances, officers may be required to wear visible identification. However, this is not a general rule across all federal law enforcement activities.

While it’s not common, if you encounter someone not in uniform, you have the right to ask for identification. Officers should clearly identify themselves, especially during interactions that might be perceived as official. If they don’t, stay calm, document the situation, and seek legal advice.

Talking to Youth

Young people—especially those from marginalized communities—may be more vulnerable to profiling or unequal treatment. In Vermont, minors cannot be questioned by law enforcement without a parent or lawyer present. But they still have the right to remain silent and ask for help. This is a good time for parents to have open, honest conversations with their children about how to stay calm, de-escalate, and assert their rights respectfully and safely.

Accountability and Oversight

Vermont cooperates with federal law enforcement on criminal matters, including investigations and task forces with agencies like the FBI and DEA. However, the state limits cooperation on immigration enforcement. Vermont’s Fair and Impartial Policing Policy (FIPP) prohibits law enforcement from engaging in federal immigration efforts unless required by law. Vermont does not participate in 287(g) agreements with ICE, and state policy prohibits law enforcement from holding individuals on immigration detainers without a judicial warrant. However, cooperation with ICE may still occur in some instances at the local level, and immigrant communities should remain aware of their rights and legal protections.

At the same time, Vermont upholds strong oversight and accountability for its law enforcement. State law requires agencies to follow FIPP, collect data on stops to prevent bias, and prohibits excessive force. The Vermont Criminal Justice Council oversees officer training, certifications, and use-of-force standards, ensuring that force is reasonable, necessary, and proportional. Vermont encourages the use of body cameras and supports local civilian oversight boards. Oversight from agencies like the Vermont Criminal Justice Council and the Executive Director of Racial Equity helps to ensure that federal cooperation respects civil rights and state laws.

If You Need Help

If you or someone you know has had a troubling experience with law enforcement, please reach out to:

• ACLU of Vermont – Civil rights and police accountability
• Vermont Legal Aid – Free legal support for low-income Vermonters
• Vermont Asylum Assistance Project (VAAP) – Legal help for immigrants and asylum seekers
• Your legislator (me)

Knowing your rights is important. Law enforcement plays a critical role in keeping us safe, and with that power must come accountability. In light of recent federal changes, it’s especially important that Vermonters understand their rights and feel safe exercising them.

Public safety and civil rights are not at odds – they form the foundation of a free society.

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.