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Shift in federal immigration policy could imperil farm workers' futures in Vermont

A sign reads "Pleasant Valley Farms. Family owned & operated. Berkshire, Vt." In the background cows are visible inside a barn
Elodie Reed
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Pleasant Valley Farms in Berkshire photographed April 22, the day after reported Customs and Border Protection arrests of eight farmworkers. Legal experts say it’s too early to determine whether the arrests signal a coordinated deportation strategy that could target more Vermont dairy farms.

As hundreds of Vermonters sign onto a petition seeking the release of eight migrant farm workers detained by U.S. Customs and Border Protection on Monday, legal experts say it’s too early to determine whether the arrests signal a coordinated deportation strategy that could target more Vermont dairy farms.

More from ¿ªÔÆÌåÓý: State leaders decry arrests of eight migrant farmworkers at Berkshire dairy

Jesus Mendez Hernandez, 25; Juan Javier Rodriguez-Gomez, 41; Luis Enrique Gomez-Aguilar, 28; Urillas Sargento, 32; Diblaim Maximo Sargento-Morales, 30; Adrian Zunun-Joachin, 22; Jose Edilberto Molina-Aguilar, 37; and Dani Alvarez-Perez, 22, are all being held at Northwest State Correctional Facility in Swanton after what local experts are calling the largest immigration enforcement action in recent memory in Vermont.

CBP officials say they made the arrests after responding to a tip about an alleged illegal border crossing near the Berkshire farm where the workers were employed.

Republican Gov. Phil Scott said Wednesday that the incident didn’t appear to the have the hallmarks of a premeditated raid. But he said it’s unclear whether the event foreshadows more aggressive enforcement activities on the Vermont dairy farms that employ an estimated 750 to 850 migrant workers.

“I just don’t know,� Scott said. “And none of us know at this point.�

Customs and Border Protection officials did not respond to a request for an interview Wednesday.

A show of force like this has the effect of putting all the farm workers essentially on notice that essentially at any moment this could happen to them.
Vermont Law School Professor Brett Stokes

Jill Martin Diaz, an immigration attorney who serves as executive director of the Vermont Asylum Assistance Project, has been consulting with Migrant Justice, an organization that represents the eight people arrested.

“I advise caution with trying to divine the strategy or intent of immigration authorities,� Martin Diaz said Wednesday.

Martin Diaz said the community of legal experts working on behalf of Vermont’s immigrant communities is focused less on the tactical aspects of President Donald Trump’s mass deportation campaign than on the legal recourse afforded to individuals caught in its net.

“Rather than shifting our very, very precious limited resources to trying to anticipate what the administration is going to do next � what I would instead advise is continuing to educate community members about what their rights are, if they’re subjected to an enforcement actions by ICE,� they said.

The prolonged detention of the eight people arrested Monday, according to Vermont Law School Professor Brett Stokes, suggests a shift in enforcement policy that could affect workers regardless of whether Vermont farms come under increased scrutiny from federal immigration authorities.

, issued by then-Secretary of Homeland Security Alejandro Mayorkas, that sought to “better focus the Department’s resources on the apprehension and removal of noncitizens who are a threat to our national security, public safety and border security.�

The previous policy generally meant that anyone whose sole offense was being in the country illegally would not be subjected to deportation proceedings. Stokes, an immigration attorney, said he’s represented many farm workers in recent years who were detained briefly as a result of incidental contact with CBP agents � during a traffic stop, for instance � but then released back into the community with what’s known as a “notice to appear.�

What he’s witnessed so far in the case against the eight farm workers arrested Monday, Stokes said, has convinced him that the federal government will pursue deportation orders.

“Whether CBP went out and intended for this to happen that day at this farm � or if it’s just something that kind happened as a collateral thing ... a show of force like this has the effect of putting all the farm workers essentially on notice that essentially at any moment this could happen to them,� Stokes said.

Migrant Justice on Wednesday began asking Vermonters to sign onto a petition seeking the release of the farm workers, “so they can be free to return to their families and community in Vermont.� More than 1,000 people have signed on so far; the document will eventually be submitted as evidence to an immigration court judge.

“Jesús, Juan, Luis, Urillas, Max, Adrian, José, and Dani are all dairy workers living and working in Franklin County, Vermont. Ranging from 22 to 41 years old, they came to Vermont to work on a dairy farm searching for a better life for themselves and their families,� Migrant Justice said in a statement. “For this, they are now being held behind bars.

At his weekly media briefing on Wednesday, Scott opened his remarks by noting the workers� arrests.

“While I believe those who are here illegally and are committing serious crimes should be detained, I don’t believe we should be targeting those who are here peacefully,� Scott said, “because they’re our neighbors and friends, have kids in our schools, shop at our businesses and play an important role in our economy and workforce.�

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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