Committee reviews H.298, a bill to curb use of Vermont prisons for federal immigration detentions

The Admissions Committee on Thursday heard Representative Leonora Dodge present H.298, a bill that would limit use of Vermont Department of Corrections (DOC) facilities and staffing to hold people on behalf of federal immigration authorities and would require reporting on costs and any reimbursements. Dodge said the proposal focuses specifically on assistance to federal immigration authorities, not contracts with the U.S. Marshals Service.

The bill matters to lawmakers because federal authorities are increasingly relying on Vermont correctional capacity, and because a widely reported case in which a Tufts student was detained prompted questions about how and where federal immigration detentions occur. "So I strongly believe that our dollars go to Department of Corrections for the benefit of, our citizens and our residents to rehabilitate and to create public safety," Dodge said during her presentation. She cited press reporting and said the committee should examine how often and under what terms the state is asked to hold people for federal immigration enforcement.

Sponsor details and cited numbers: Dodge cited a news article she said reported an average of about 60 people per month being sent to Vermont prisons by federal authorities. She also cited figures for ICE-specific placements in 2023 at the St. Albans area — saying a source, Isaac Daynaud, reported ICE-related placements that ranged from about 42 in February 2023 to 97 in June 2023. Dodge asked the committee to examine how brief or extended such holdings are and whether state facilities and staff should be used for those purposes.

Legal and policy witnesses: Dodge recommended the committee invite DOC staff for detailed testimony and suggested the Vermont Law Review article by Anders Newberry (2020) as a legal analysis of how DOC might separate itself from such obligations. She also mentioned Migrant Justice and the Vermont Asylum Assistance Program and Director Jill Martin Diaz as potential witnesses.

Committee next steps and fiscal questions: Committee members agreed it is appropriate to pursue more information. Members directed staff to schedule Ben Novogoski (the bill drafter) to walk the committee through the bill and to invite DOC to explain existing contracts, including the contract with the federal marshals that underlies some federal bed use. A committee member noted a potential revenue impact, saying, "I think it's a hundred dollars a day for the federal marshals' beds," and the committee agreed to review that as part of the briefing. Committee members emphasized they want documentation on current costs, reimbursements, and how DOC facilities are affected before deciding whether to work the bill further.

What the bill does and what it does not: Dodge said the bill does not attempt to override established federal obligations or "give sanctuary to violent offenders." Instead, she framed the proposal as an effort to preserve state correctional capacity for Vermonters and to respond to what she described as a changing federal enforcement landscape.

Discussion versus action: The committee did not vote on H.298 during the session. It agreed by general consent to schedule a bill walkthrough from Ben Novogoski and a DOC briefing as the next step. The committee also discussed inviting additional witnesses later if warranted.

Looking ahead: If the DOC and drafter briefings reveal legal or fiscal constraints, the committee will decide whether to hold further hearings and invite additional witnesses cited by the sponsor. The bill sponsor recommended Anders Newberry and immigration legal-services groups as subsequent witnesses.