Vermont H 742: An act relating to Vermont's response to COVID-19

Bill Text

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VT LEG #386429 v.1
H.742 1
Introduced by Representative Dodge of Essex 2
Referred to Committee on 3
Date: 4
Subject: Immigration proceedings; legal representation 5
Statement of purpose of bill as introduced: This bill proposes to require the 6
State of Vermont to establish a program to provide legal assistance to persons 7
detained in Vermont in connection with federal immigration proceedings. 8
An act relating to providing legal representation in federal immigration 9
proceedings 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 13 V.S.A. chapter 163 is amended to read: 12
CHAPTER 163. PUBLIC DEFENDERS 13
* * * 14
Subchapter 5. Legal Representation in Immigration Proceedings 15
§ 5281. LEGISLATIVE INTENT 16
It is the intent of the General Assembly to require the State of Vermont to 17
establish a program to provide legal assistance for persons detained in Vermont 18
in connection with federal immigration proceedings. The program established 19

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pursuant to this subchapter shall be consistent with the following principles 1
and standards: 2
(1) The State is committed to fair and equal treatment of all individuals, 3
and, in particular, of individuals at risk of removal and separation from their 4
families through the federal immigration detention and deportation system. 5
(2) While an individual in removal proceedings has the right to legal 6
representation, the representation is at the individual’s own expense and may 7
be beyond the financial capacity of low-income households. 8
(3) Nearly two-thirds of all individuals facing immigration removal 9
proceedings throughout the United States lack legal representation. Among the 10
individuals in immigration detention, only one in six individuals were 11
represented by counsel. 12
(4) Legal representation is essential to effective identification and 13
presentation of avenues for release from detention and relief from removal. 14
Individuals in immigration detention are four times more likely to win release 15
if represented by legal counsel than individuals without representation by legal 16
counsel. In removal proceedings, detained individuals are 11 times more likely 17
to succeed in claims for relief if represented by legal counsel than individuals 18
without representation by legal counsel. 19

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(5) Although immigration detention and proceedings are civil in nature, 1
immigrants are subjected to adversarial legal proceedings and are often 2
detained throughout their legal cases. 3
(6) Many people in immigration court proceedings have valid legal 4
claims to remain in the United States but are unable to argue their cases 5
effectively absent legal expertise in complex U.S. immigration law. 6
(7) Deportations and immigration detentions are costly to Vermont 7
taxpayers, who must cover the cost of detention; costly to employers 8
experiencing labor shortages; and costly to communities who are called on to 9
provide support when individuals are not allowed to work and remain with 10
their families as they contest their immigration cases. 11
(8) Legal representation in removal proceedings has improved the 12
efficiency of the proceedings and the administration of justice as individuals 13
are better able to present their defenses and claims for relief. 14
(9) It is the public policy of this State that all covered individuals subject 15
to federal immigration proceedings should have the right to ongoing legal 16
representation. This right to counsel should include provisions of funds 17
sufficient to ensure that legal service providers are funded to: 18
(A) engage support staff, interpretation staff, and investigative staff; 19
(B) contract as reasonably necessary with independent experts, 20
including country conditions experts and forensic medical experts; and 21

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(C) contract as reasonably necessary with social service providers 1
providing supportive and rehabilitative services to covered individuals during 2
the course of their removal proceedings. 3
(10) This State should establish a program and a dedicated fund to 4
provide the legal services described in this section. 5
§ 5282. DEFINITIONS 6
As used in this chapter: 7
(1) “Covered individual” means a person who, regardless of age, is: 8
(A) subject to removal proceedings under: 9
(i) 8 U.S.C. §§ 1225, 1228, and 1229a; or 10
(ii) a final order of removal under 8 C.F.R. § 1241.1, including 11
any related covered proceeding; and 12
(B)(i) a domiciliary of this State; or 13
(ii) if not a domiciliary of this State, is in detention or incarcerated 14
in this State for purposes of immigration enforcement or is subject to a removal 15
proceeding. 16
(2) “Program” means the Legal Representation in Federal Immigration 17
Proceedings Program created in sec