Vermont legislators are exploring the potential to limit actions taken by federal immigration authorities within the state. Proposals introduced this week suggest constraints on civil immigration arrests and regulations concerning law enforcement officers’ use of masks. These initiatives aim to ensure that residents can access sensitive locations without anxiety over potential immigration enforcement.

Two bills, S.209 and S.208, have been put forward in the Senate. The first seeks to bar civil immigration arrests from occurring in designated sensitive areas such as schools, government offices, healthcare facilities, and various shelters. The second bill proposes to restrict mask usage by law enforcement during arrests and mandates officers to clearly identify themselves through verbal announcements or badges.

Legal experts have advised that the viability of these legislative measures is likely to hinge upon complex federal statutes and existing legal precedents. The state’s Senate Judiciary Committee was informed that while courts have mostly agreed with limiting immigration arrests at courthouses under the 10th Amendment, the broader application of such restrictions remains uncertain.

An attorney for the legislature highlighted that there is currently no federal statute explicitly permitting the use of masks by law enforcement, though federal officials have stated that officers exercise discretion in this regard. The legal landscape surrounding these proposed bills has raised questions regarding potential challenges from the federal government, especially given past efforts by the Trump administration to contest similar policies in other states like California.

Support for the bills is robust among Vermont lawmakers, including Senate President Pro Tempore Phil Baruth, who cited a recent lethal incident in Minneapolis involving an immigration agent as a catalyst for these proposed changes. Baruth expressed concern about the anticipated increase in ICE activity within Vermont, insisting on the necessity for preemptive legislative action.

Additionally, it has been reported that masked immigration agents have made arrests in the state before, highlighting the immediate relevance of the proposed restrictions. In past sessions, Vermont legislators have already implemented policies curbing ICE operations near courthouses, a move that aligns with similar efforts seen in other states, such as New York.

Chair of the House Judiciary Committee, Rep. Martin LaLonde, indicated his intention to examine the Senate’s proposed bills further if they progress to his committee later this year.