This commentary is by Rep. Laura Sibilia, I-Dover. She serves on the House Energy and Technology Committee and is Co-Chair of the Vermont General Assembly’s Rural Caucus and Vermont National Guard and Veterans Affairs Caucus.
Our Systems Are in Trouble
Recent detentions of legally present individuals — including a Turkish doctoral student and a Palestinian resident of Vermont — raise urgent questions about whether our institutions are upholding core American principles like due process, free speech, and equal protection under the law.
These aren’t just immigration cases. They’re about whether people in Vermont and across the United States can rely on our legal systems to work fairly, regardless of their background or beliefs.
When Due Process Breaks Down Close to Home
Take Mohsen Mahdawi, a green card holder who has lived in Vermont since 2014. He had a citizenship interview scheduled for April 14. Instead of completing the process, he was taken by hooded plainclothes ICE agents in handcuffs from the USCIS office in Colchester. He wasn’t charged with a crime. According to his lawyers, the government is seeking his removal based on political speech he engaged in as a student organizer at Columbia University.
Rümeysa Öztürk, a doctoral student in Massachusetts, was detained and transferred to Vermont. She has not been charged with a crime either. Her co-authorship of an op-ed found common cause with an organization that was later temporarily banned from campus. Both individuals were in the country legally and are protected by the U.S. Constitution.
Due Process Is Not Optional
The government cannot detain or deport people without fair process. That’s not a political opinion, it’s a legal standard guaranteed by the Fifth and Fourteenth Amendments. These rights apply to all people on U.S. soil, not just citizens. Courts have upheld this principle time and time again.
Due process means the right to know the charges against you, to access legal counsel, and to be heard in court. Transferring people across state lines before they can speak to a lawyer or judge undermines those rights and erodes trust in the entire legal system. There is growing evidence of federal authorities using such tactics without notifying legal representatives.
The First Amendment Applies to Everyone
Freedom of speech and assembly aren’t limited to citizens. These rights are guaranteed to all people in the United States. If these detentions are in any way connected to peaceful protests or political expression—especially on issues like war, human rights, or foreign policy—then the government’s actions are not just alarming. They’re unconstitutional.
As Vermont Congresswoman Becca Balint said: “Without due process and the right to free speech, this is not the America we thought we lived in.”
Legal Presence Comes in Many Forms
There’s no single definition of being “legally in the U.S.” It includes:
- Citizens – Born in the U.S. or naturalized
- Green card holders – Lawful permanent residents like Mr. Mahdawi
- Student visa holders – People in the U.S. for education, like Ms. Öztürk
- Asylum seekers and refugees – Individuals fleeing persecution or violence
- Temporary Protected Status (TPS) recipients – From countries facing crisis
In these recent cases, both detainees were legally present. And even for those who are undocumented, the Constitution still applies. They still have the right to due process, to free speech, and to humane treatment.
Vermont’s Role and Responsibility
These detentions are not abstract for Vermonters. State Senator Becca White was present when Mr. Mahdawi was taken. The Vermont Senate is reviewing the state’s relationship with ICE. Governor Phil Scott has expressed concern about the treatment of detainees in out-of-state ICE facilities, a concern shared by many in our state.
Vermont cannot directly control federal enforcement, but we can and should review any agreements between local law enforcement and federal immigration agencies. The state has the power to demand transparency and ensure that people have access to legal representation. We should not be complicit in violating civil liberties or using federal power to silence dissent.
Why This Matters
These incidents aren’t isolated; they’re signs of deeper stress on the democratic systems meant to hold power in check. No one should face deportation for protesting a war. No one should be taken from a citizenship interview in a van with no markings, no explanation and no access to counsel.
What happened to Mohsen Mahdawi and Rümeysa Öztürk may not meet the strict definition of human trafficking, but the methods — hooded agents, transporting uncharged individuals across state lines without legal access — violate democratic norms and constitutional rights. When law enforcement uses intimidation and secrecy instead of transparency and legal process, it does more than erode public trust. It puts our entire system at risk.
If you’re looking for ways to help, consider supporting the Vermont Asylum Assistance Project (VAAP) or AALV, organizations that provide legal and integration support for Vermont’s immigrant and refugee communities.
We must do better. Upholding the Constitution isn’t about abstract ideals, it’s about action, accountability and protecting the systems meant to protect all of us.
