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Vermont lawmakers want state-owned prisons off limits to federal immigration authorities

Three people standing side by side as they address the media
Peter Hirschfeld
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Sens. Kesha Ram Hinsdale, Phil Baruth and Becca White, from left, say Vermont needs to show its opposition to the Trump administration's deportation activities by ending a contract with Customs and Border Protection that allows the federal government to lodge detainees at state-owned prisons.

After the high-profile arrest of Vermont resident Mohsen Mahdawi on Monday, Democratic leaders in the Vermont Senate are asking Republican Gov. Phil Scott to terminate a memorandum that allows federal immigration authorities to lodge detainees in state prisons.

Masked federal agents in unmarked cars arrested Mahdawi after he arrived for a citizenship interview at the U.S. Citizenship and Immigration Services field office in Colchester.

The Columbia University student, who helped organize pro-Palestinian protests on campus, is being lodged at the Northwest State Correctional Facility in St. Albans, according to court records. A federal judge has ordered that Mahdawi not be deported or removed from Vermont.

Senate Majority Leader Kesha Ram Hinsdale said at a press conference Tuesday that the Trump administration’s “abductions� of university students who’ve spoken out against the war in Gaza represent a “constitutional crisis.� And she said the state of Vermont cannot risk complicity with the deportation of individuals such as Mahdawi or Tufts University student Rümeysa Öztürk, whose federal deportation case is also being heard in Vermont.

“I don’t know how much more serious it can get before we tell Vermonters we are not cooperating with a hostile, dangerous and unconstitutional federal government that does not care about the basic rights and freedoms of Vermonters,� Ram Hinsdale said.

A woman holds a mug while sitting at a table with other people
Brian Stevenson
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Sen. Kesha Ram Hinsdale at the Statehouse in Montpelier on Jan. 28.

A spokesperson for Scott said the governor plans to meet with legislative leaders to discuss their request further.

Scott said earlier in the day Tuesday that he’s troubled by the tactics federal agents used during their arrest of Mahdawi.

“This is the United States of America. We don’t put masks on when we detain somebody,� Scott said. “We are very obvious of who we are, and we don’t hide behind masks. And I thought this administration actually was against masks.�

Scott said he also wants the administration to provide whatever evidence they have to justify Mahdawi’s arrest.

“The U.S. government, this administration, has an obligation to present the facts. If this person is a danger to the United States, they have an obligation to tell us why,� he said. “And I haven’t heard that yet, but I look forward to hearing more about it.�

Asked whether his administration would take any concrete action in response to the arrest, Scott said, “We’ll do whatever we can once we get the facts.�

The memorandum of understanding between Vermont and Customs and Border Protection, according to Senate President Pro Tem Phil Baruth, allows federal immigration authorities to lodge detainees in Vermont prisons. Baruth said Tuesday that the current agreement is in effect through August, though he said the contract allows either party to terminate the memorandum for any reason.

Baruth said he believes the state has enough information already to proceed with termination of the contract.

“Our history has always been to aid the federal government to establish goodwill, if no other reason,� Baruth said. “But we believe that that goodwill has been terminated on the part of the administration and we should act accordingly.�

The termination of the contract would not prevent federal authorities from lodging detainees at their own facilities in Vermont. And Baruth said it would also not prevent judges from ordering that individuals in federal immigration proceedings be held in state-owned correctional facilities.

The Vermont Statehouse is often called the people’s house. I am your eyes and ears there. I keep a close eye on how legislation could affect your life; I also regularly speak to the people who write that legislation.

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