By Guy Page
Vermont is not a sanctuary state, Gov. Phil Scott wrote back yesterday to U.S. Attorney General Pam Bondi.
In an August 13 letter, Attorney General Pam Bondi told Gov. Phil Scott the U.S. Department of Justice finds Vermont an illegal immigrant sanctuary state and warns of loss of funding and even criminal charges against government leaders.
Scott responded:
Dear Attorney General Bondi:
I’m writing in response to your letter dated August 13, 2025, regarding the identification of the State of Vermont as allegedly having sanctuary policies and practices that thwart federal immigration enforcement to the detriment of the interests of the United States.
I believe this designation of Vermont as a so-called “sanctuary jurisdiction” has been made in error. Vermont does not have any law or policy that impedes the enforcement of federal immigration law.
In fact the opposite is true: Vermont State law is very clear that the State does not prohibit or impede any public agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 1644.
Additionally, to the extent any State or local law enforcement policy or practice conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, that policy or practice is, to the extent of the conflict, abolished. Please see 20 V.S.A. § 2366.
I appreciate the opportunity to bring clarity to this situation. Thank you for your service.
Sincerely, Philip B. Scott Governor
Scott will hold a press conference at noon today. His response is likely to be the lead topic of questioning.
Judging by VDC readers’ comments to yesterday’s news story about the Bondi letter, some Vermonters conclude that Vermont 1) is a sanctuary state and 2) it’s high time the feds took action. For example, this note from John Klar of Brookfield, who ran against Scott in a GOP primary for governor:
“Vermont progressives cannot have their federal funding cake and eat it too. Antagonizing the source of a significant portion of Vermont’s funding appears to be Charity Clark’s primary goal, aided by Becca Balint, Bernie Sanders, and Peter Welch. Once upon a time, it was the job of our federal officials to bring home the Vermont bacon.”
What makes a state a sanctuary jurisdiction? As (also) published yesterday by VDC, the DOJ published the following list of sanctuary criteria. Some may apply to Vermont. You be the judge.
Public Declarations: Cities, states, or counties that publicly declare themselves a sanctuary jurisdiction or equivalent, with the intent to undermine federal immigration enforcement.
Laws, Ordinances, Executive Directives: Cities, states, or counties that have laws, ordinances, regulations, resolutions, policies, or other formalized practices that obstruct or limit local law enforcement cooperation with U.S. Immigration and Customs Enforcement (ICE).
A 2017 law, signed by Gov. Scott, requires police agencies adopt a ‘fair and impartial policing policy’ under guidelines set by the Vermont Criminal Justice Council. In these policies, “Such agencies and constables may include additional restrictions on agency members’ communication and involvement with federal immigration authorities or communications regarding citizenship or immigration status. Agencies and constables may not adopt a policy that allows for greater communication or involvement with federal immigration authorities than is permitted under the model policy.”
Restrictions on Information Sharing: Cities, states, or counties that limit whether and how local agencies share information about immigration status of detainees with federal authorities.
See 2017 law above: a state policy restricts communications with federal immigration authorities. Local police policies may be more restrictive. They cannot be less restrictive.
Funding Restrictions: Cities, states, or counties that prohibit local funds or resources from being used to support federal immigration enforcement efforts.
Non-cooperation with Federal Immigration Enforcement: Cities, states, or counties that provide training to city employees and police on enforcing sanctuary policies and declining to respond to ICE requests for information.
In 2024, under pressure from Migrant Justice, an immigrant advocacy organization, the Vermont Criminal Justice Council closed reported ‘loopholes’ in the state’s fair and impartial policy policies, according to a WCAX report.
Limits on ICE Detainers: Cities, states, or counties that refuse to honor ICE detainer requests unless there is a warrant signed by a judge.
Jail Access Restrictions: Cities, states, or counties that restrict ICE agents’ ability to interview detainees absent detainee consent.
Immigrant Community Affairs Offices: Cities, states, or counties that create dedicated offices to engage and advise illegal alien communities on evading federal law enforcement officers.
Federal Benefit Programs: Cities, states, or counties that circumvent federal laws prohibiting the provision of federal benefits to illegal aliens and provide them with access to benefits, including health care assistance, legal aid, food and housing assistance, and other subsidies. This includes cities, states, or counties that establish stand-alone benefit programs or equivalents.