Vermont State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in Vermont. Learn more about:

• Legal tensions between Vermont and federal authorities
• Law enforcement and immigration in Vermont
• Employment and immigration
• E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• Contact an immigration attorney
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Vermont should speak with a local immigration attorney for up‑to‑date guidance.

Legal Tensions Between Vermont and Federal Authorities

In January 2020, Vermont Attorney General T.J. Donovan settled a lawsuit against the Department of Motor Vehicles. The American Civil Liberties Union (ACLU) and immigrant rights groups sued the department in this case. It had shared information about migrants with U.S. Immigration and Customs Enforcement (ICE). ICE had collected the data from driver’s licenses and other public records.

The suit alleged violations of civil rights, including racial profiling. As a result of the settlement, the department paid penalties and was prohibited from sharing information in this way. This settlement shows that Vermont is more favorable to immigrants’ rights. Like other blue states, such as Colorado and Connecticut, Vermont offers migrants greater protection against abuse.

Law Enforcement and Immigration in Vermont

While most immigration issues are enforced by the federal government in Washington, D.C., more local governments are getting involved.

Under a federal program, convicts’ names are entered into a database that checks immigration statuses. This is the “Criminal Apprehension Program.” The system shares information with:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• U.S. Immigration and Customs Enforcement (ICE)

It’s essential to know how agencies collect and share your information.

Employment Checks

Refer to federal employment eligibility verification rules and the requirements for Form I-9.

Vermont E-Verify Requirements

Vermont has no requirement to use E-Verify to check employees’ immigration statuses. E-Verify is a federally-operated system that allows employers to verify that applicants are legally authorized to work in the U.S.

Driver’s License and ID Requirements

Vermont law allows residents without lawful presence in the U.S. to obtain a standard driver’s license only. Applicants must submit proof of legal status to qualify for a REAL ID or Enhanced ID.

Public Benefits Restrictions

Low-income immigrants who are ineligible for certain federal benefits can get state benefit supplements.

Under federal law, immigrants living here illegally can’t get most public benefits. But they can use emergency services and health care that is “necessary to protect life and safety.”

Education Checks and In-State Tuition

There is no state policy on in-state tuition for students without proper documentation.

Each state school may decide whether to allow a student to pay in-state tuition. This also applies to Deferred Action for Childhood Arrivals (DACA) recipients.

DACA was created under the Obama administration in 2012. It protects eligible young adults from deportation after their parents brought them to the United States as children. DACA also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

The lack of a policy concerning in-state tuition benefits for migrants also applies to U visa holders.  U visas are available to victims of domestic violence and human trafficking crimes. A U visa gives work authorization in the same way a green card does. U visas offer many of the same benefits as lawful permanent residence.

U visas are also available to the family members of victims. The children of victims get temporary protected status, along with the U visa holder. To the children of victims, it provides special immigrant juvenile status.

Victims of human trafficking may be eligible for a T visa. A T visa is specifically for victims of trafficking in persons. This is also known as a T nonimmigrant visa.

Migrants should check each school’s policies to learn what a school will cost based on their immigration status. DACA recipients and other visa-holders should also know what their status offers them.

Voting ID Rules

Vermont has no state-mandated identification law for voters.

Housing Ordinances and Immigration

There are no special housing ordinances for immigrants in Vermont. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Get Legal Help With the Immigration Process

Whether you’ve come to the United States without first obtaining a visa or going through the channels of legal immigration, you don’t go through this process alone. Legal help is available. Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. 

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Vermont. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Vermont: Related Resources

• Know Your Rights — Use this guide to protect yourself and your family during immigration raids.
• U.S. Immigration Support — Find resources for immigrants to Vermont.
• U.S. Committee for Refugees and Immigrants, Vermont Chapter — This organization offers advocacy services for immigrants and migrants in the United States and Vermont. It also offers programs for refugee resettlement. This organization runs many initiatives and assistance programs to help immigrants. It also provides migrants with ways to access many types of services, including health care and mental health services. It also has family law resources, including those for seeking orders of protection and obtaining U visas. 
• South Royalton Legal Clinic — Law students from Vermont Law and Graduate School and affiliated lawyers offer legal assistance to noncitizens and migrants in the state. The service is free for those who qualify. 
• Vermont State Bar Association — The Vermont Bar can help you find attorneys. It can provide free referrals to immigration attorneys.