Vermont attorney advocates for immigrant children's custody rights during legislative hearing

An immigration attorney from the Vermont Asylum Assistance Project highlighted urgent issues surrounding the jurisdiction of Vermont courts over child custody cases involving immigrant families during a recent House Judiciary meeting. The attorney, who has a decade of experience in removal defense, emphasized the immediate need for clarity in the legal system to protect vulnerable children amid rising immigration enforcement actions.

The attorney expressed strong support for proposed bills S 95 and H 98, which aim to address immigration-related issues. They shared a poignant example of a young person in court seeking guardianship and special findings to access federal immigration benefits, underscoring the critical role of judges in making decisions that affect children's well-being, regardless of their immigration status.

The attorney warned that the politicization of immigration is causing courts to hesitate in exercising their jurisdiction, which has been affirmed by both state law and a 2019 Supreme Court decision. This reluctance can lead to unnecessary trauma for children caught in the system, as families face the threat of separation due to immigration enforcement.

With ICE interactions reportedly increasing, the attorney noted that some arrests are occurring in error, complicating the lives of families and community services. They urged lawmakers to reinforce the authority of trial courts to ensure that the best interests of children are prioritized, preventing unnecessary institutionalization and allowing for more efficient legal representation.

The meeting underscored the pressing need for legislative action to clarify the jurisdiction of courts in these sensitive cases, aiming to protect children and support families navigating the complexities of immigration law.