by Dave Soulia, for FYIVT.com

Vermont’s H.298 is a prime example of how activist politicians manipulate the public, and perhaps their colleagues, into creating a sanctuary state by exploiting legal loopholes to block federal immigration enforcement while pretending to uphold the law. Introduced by Democratic state representatives, this bill effectively shields illegal aliens from deportation, endangers law enforcement, and puts Vermont at risk of losing federal funding.

At first glance, H.298 claims to protect due process by prohibiting Vermont’s Department of Corrections from transferring detainees to ICE unless a judicial warrant is issued. The problem? Judicial warrants don’t exist for most immigration cases. This bill is a catch-22 to ensure Vermont authorities almost never cooperate with ICE, even when dealing with criminal illegal aliens.

To understand why this bill is offered in bad faith, we need to break down the idiosyncrasies of the immigration system that Vermont’s lawmakers are manipulating.

Illegal Entry vs. Visa Overstays: The Key Legal Distinction

Most assume that all illegal aliens have committed a crime just by being in the U.S. That’s only partially true, and Vermont politicians are taking advantage of that misconception.

1. Illegal Entry (Crossing the Border Without Permission) – A Criminal Offense That’s Rarely Prosecuted
   • Under 8 U.S.C. § 1325, entering the U.S. illegally is a misdemeanor (up to 6 months in jail).
   • Repeat offenders face felony charges (up to 2 years in prison).
   • However, most illegal border crossers are NOT prosecuted. Instead of facing charges, they are given a civil citation and placed into deportation proceedings.
2. Visa Overstays – A Civil Violation, Not a Crime
   • If someone enters legally (on a visa) but stays past expiration, it is only a civil violation.
   • There is no criminal charge, no jail time, and no judicial warrant issued.
   • The only consequence is a deportation order, which Vermont and other sanctuary states refuse to enforce.

Because most illegal aliens in the United States were not criminally charged, the sponsors of the bill know that no judicial warrant exists for them—so they can avoid cooperating with ICE while claiming to follow the law.

How H.298 Uses the Judicial Warrant Loophole to Block ICE

H.298, introduced by Democratic Representatives Dodge (Essex), Headrick (Burlington), Cole (Hartford), Donahue (Northfield), Logan (Burlington), McGill (Bridport), Minier (South Burlington), Olson (Starksboro), and Tomlinson (Winooski), prohibits Vermont’s Department of Corrections from assisting ICE unless there’s a judicial warrant.

The bad-faith aspect of this bill is that Vermont lawmakers know full well that judicial warrants don’t exist for civil immigration violations.

• Judges do not issue warrants for civil violations.
• Since visa overstays and most illegal entries are civil cases, judicial warrants do not exist for them.
• ICE does issue administrative warrants (signed by ICE officers, not judges), but Vermont refuses to honor them.

By requiring a judicial warrant for any ICE cooperation, Vermont lawmakers are photoshopping due process and misinforming their constituents.

The “Warrant Agreement” Sleight of Hand: A Political Deception

H.298 is an exercise in political deception, using persuasion tactics that emotionally inflame the public instead of offering an honest bill with an open debate on facts and merits.

By claiming Vermont will honor warrants, the bill’s authors intentionally create the illusion of cooperation—knowing full well that no such judicial warrants exist for civil immigration violations. This is an unethical sleight of hand, designed to mislead the public into thinking Vermont is upholding due process when it is actually obstructing ICE.

How This Bill Puts Law Enforcement and the Public in Danger

By refusing to honor ICE detainers, H.298 forces ICE officers to apprehend individuals in uncontrolled environments, rather than in the safety of a jail or detention facility.

1. Increased Risk for Law Enforcement Officers (LEOs)

• Instead of receiving illegal aliens directly from Vermont jails, ICE agents must track them down in public.
• This significantly increases the danger for LEOs, as arrests in public spaces are far more unpredictable.

2. Greater Risk to the General Public

• Public arrests increase the chance of violent altercations involving bystanders.
• Illegal aliens who should have been deported safely from jail are instead released into the public, increasing crime risks.

3. More Protection for Criminal Illegal Aliens

• Any illegal aliens in Vermont jails that have been convicted of crimes will be released instead of being transferred to ICE.

4. Creates the Perfect Conditions for Excessive Force and Harm to Suspects

• Sanctuary politicians frequently condemn police use of force and claim to prioritize the safety of suspects.
• Yet by forcing ICE to make arrests in public settings, this bill dramatically increases the chances of:
  • Violent struggles and resistance
  • High-stress encounters where split-second decisions can lead to deadly outcomes
  • Bystanders being caught in the chaos
• Instead of a controlled jail transfer, ICE agents will be forced into street-level confrontations, often in unpredictable, high-crime areas.
• This creates the exact scenario these politicians claim to oppose—more opportunities for excessive force, more injuries, and more public outcry when things inevitably go wrong.

Financial Consequences: Will Vermont Lose Federal Funding?

Many federal law enforcement grants require cooperation with ICE. By blocking ICE from enforcing immigration law, Vermont risks losing millions in federal funding, especially in:

• Justice Department law enforcement grants
• Homeland Security funding for counterterrorism and public safety

With a Republican-controlled House and Senate, Congress could take another run at defunding states that refuse to cooperate with ICE.

Prosecute Illegal Entry More Aggressively

If Border Patrol agents issued misdemeanor citations instead of civil deportation notices for every illegal entry, federal judges could issue real warrants, closing Vermont’s judicial warrant loophole. Congress should eliminate the civil deportation citation rule and instead require that all illegal entries be treated as criminal offenses, ensuring ICE has the legal authority to detain and remove illegal aliens without state interference.

Conclusion: Vermont’s H.298 Is a Deliberately Misleading Sanctuary Bill

H.298 isn’t about fairness or due process—it’s about shielding illegal aliens from deportation while pretending to comply with the law. Vermont lawmakers know ICE cannot obtain judicial warrants for civil violations, so they’ve designed this bill as a legal shield against enforcement.

By refusing to honor ICE detainers, Vermont is forcing federal agents to make riskier arrests, putting law enforcement and the public in danger. If passed, H.298 will classify Vermont as a full-fledged sanctuary state, potentially costing it millions in federal law enforcement funding.

Until Congress closes this loophole by criminalizing illegal presence or mandating ICE cooperation, bad-faith bills like H.298 will continue to protect illegal aliens, endanger Americans, and undermine the rule of law.