Laura Sibilia, an independent, represents the Windham-2 district (Dover, Jamaica, Somerset, Stratton, and Wardsboro) in the Vermont House of Representatives.
DOVER-Recent detentions of legally present individuals - including a Turkish doctoral student and a Palestinian resident of Vermont - raise urgent questions about whether our institutions are upholding core American principles like due process, free speech, and equal protection under the law.
These aren't just immigration cases. They're about whether people in Vermont and across the United States can rely on our legal systems to work fairly, regardless of their background or beliefs.
Take Mohsen Mahdawi, a green card holder who has lived in Vermont since 2014. He had a citizenship interview scheduled for April 14. When he arrived to complete the process, he was instead taken by hooded plainclothes agents of U.S. Immigration and Customs Enforcement (ICE) in handcuffs from the United States Citizenship and Immigration Services office in Colchester.
He wasn't charged with a crime. According to his lawyers, the government is seeking his removal based on political speech he engaged in as a student organizer at Columbia University.
Rümeysa Öztürk, a doctoral student in Massachusetts, was detained and transferred to Vermont. She has not been charged with a crime, either. Her co-authorship of an op-ed found common cause with an organization that was later temporarily banned from campus.
Both individuals were in the country legally and are protected by the U.S. Constitution.
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The government cannot detain or deport people without fair process. That's not a political opinion, it's a legal standard guaranteed by the Fifth and Fourteenth amendments. These rights apply to all people on U.S. soil, not just citizens. Courts have upheld this principle time and time again.
"Due process" means the right to know the charges against you, to access legal counsel, and to be heard in court. Transferring people across state lines before they can speak to a lawyer or judge undermines those rights and erodes trust in the entire legal system.
There is growing evidence of federal authorities using such tactics without notifying legal representatives.
If these detentions are in any way connected to peaceful protests or political expression - especially on issues like war, human rights, or foreign policy - then the government's actions are not just alarming. They're unconstitutional.
As Vermont's U.S. representative, Becca Balint, said: "Without due process and the right to free speech, this is not the America we thought we lived in."
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Legal presence comes in many forms. There's no single definition of being "legally in the U.S." It includes:
• Citizens - Those born in the U.S. or naturalized (who have become citizens through our country's legal process).
• Green card holders - Lawful permanent residents like Mr. Mahdawi.
• Student visa holders - People in the U.S. for education, like Ms. Öztürk.
• Asylum seekers and refugees - Individuals fleeing persecution or violence.
• Temporary Protected Status (TPS) recipients - Individuals from countries facing crisis.
In these recent cases, both detainees were legally present in the United States. And even for those who are undocumented, the Constitution still applies. They still have the right to due process, to free speech, and to humane treatment.
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These detentions are not abstract for Vermonters. State Sen. Becca White was present when Mr. Mahdawi was taken.
The Vermont Senate is reviewing the state's relationship with ICE. Gov. Phil Scott has expressed concern about the treatment of detainees in out-of-state ICE facilities, a concern shared by many in our state.
Vermont cannot directly control federal enforcement, but we can and should review any agreements between local law enforcement and federal immigration agencies.
The state has the power to demand transparency and ensure that people have access to legal representation. We should not be complicit in violating civil liberties or using federal power to silence dissent.
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These incidents aren't isolated - they're signs of deeper stress on the democratic systems meant to hold power in check.
No one should face deportation for protesting a war. No one should be taken from a citizenship interview in a van with no markings, no explanation, and no access to counsel.
What happened to Mohsen Mahdawi and Rümeysa Öztürk may not meet the strict definition of human trafficking, but the methods - hooded agents, transporting uncharged individuals across state lines without legal access - violate democratic norms and Constitutional rights.
When law enforcement uses intimidation and secrecy instead of transparency and legal process, it does more than erode public trust. It puts our entire system at risk.
If you're looking for ways to help, consider supporting the Vermont Asylum Assistance Project or the Association of Africans Living in Vermont (AALV). Both organizations provide legal and integration support for Vermont's immigrant and refugee communities.
We must do better. Upholding the Constitution isn't about abstract ideals - it's about action, accountability, and protecting the systems meant to protect all of us.
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The FBI's arrest of a sitting judge in Wisconsin on April 25, reportedly for intervening in an immigration enforcement, adds concern about due process being undermined. While the details are still emerging, the arrest of a judge is highly unusual and would normally follow a thorough investigation into criminal behavior or misconduct.
Judges, like all public officials, are subject to the law, but their arrests are rare, due in part to the separation of powers and judicial independence.
Silence is not neutral. When people are detained based on lawful political activity or beliefs, it is not enough to "monitor the situation." Vermont must not be complicit in undermining Constitutional rights.
I'm encouraged by emerging legislative efforts from a group of my colleagues to address immigration and due process issues and ensure Vermont responds appropriately.
The Legislature should consider holding public hearings on the detentions of people like Mohsen Mahdawi and Rümeysa Öztürk to assess the state's legal responsibilities and ensure due process. We need to ensure legal aid and community support for vulnerable populations.
Vermont must uphold Constitutional rights and work together to ensure justice for all. Vermonters can also call on Congressional Republicans to rein in this administration, follow the rule of law, and protect the rights of individuals across our nation.
We need to work together if we are to ensure justice for all.
This Voices Legislative Update was submitted to The Commons.
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