by Dave Soulia, for FYIVT.com

A newly introduced House bill, H.742, would establish a state-recognized right to ongoing, taxpayer-funded legal representation for individuals in federal immigration proceedings, including non-residents detained in Vermont, with attorneys, court costs, and related services paid at public expense.

The bill, introduced by Rep. Leonora Dodge (D – Chittenden-23), proposes creating a new Legal Representation in Federal Immigration Proceedings Program within Vermont’s Office of Defender General. As written, the legislation declares it to be the public policy of the State of Vermont that covered individuals “should have the right to ongoing legal representation” in federal immigration cases.

What the Bill Declares a “Right”

H.742 goes beyond authorizing a pilot program or discretionary assistance. It explicitly frames immigration defense as a right, stating:

“It is the public policy of this State that all covered individuals subject to federal immigration proceedings should have the right to ongoing legal representation.”

The bill further provides that representation must be equivalent to that of privately retained counsel, include appeals, and begin no later than intake at a detention facility. Attorneys, services, facilities, and court costs are to be provided “at public expense” for covered individuals who cannot pay without undue hardship.

The bill also contemplates funding for more than just attorneys. Legislative intent language specifies that funding should be sufficient to cover support staff, interpreters, investigators, independent experts — including forensic medical experts — and contracts with social service providers during removal proceedings.

Non-Residents Explicitly Included

One of the bill’s most consequential provisions is its definition of who qualifies.

Under H.742, a “covered individual” includes a person subject to federal removal proceedings who is either a Vermont domiciliary or, if not a domiciliary, “is in detention or incarcerated in this State for purposes of immigration enforcement or is subject to a removal proceeding.”

In practical terms, Vermont residency is not required. Any non-resident detained in Vermont for federal immigration enforcement would qualify for state-funded legal representation under the bill, regardless of whether that individual has any prior connection to Vermont or pays Vermont taxes.

Eligibility is tied to where the federal government chooses to detain someone, not to domicile or state residency. If immigration authorities hold an individual in Vermont, the bill would obligate Vermont to provide and fund their legal defense.

Program Structure and Funding

H.742 places the new program within the Office of Defender General and creates:

• One full-time Director position
• Two full-time staff attorney positions
• Authority to contract with the Vermont Asylum Assistance Project to provide representation

The bill also establishes an advisory council with members appointed by advocacy organizations, the Defender General, and the Commissioner of Corrections.

To launch the program, the bill proposes a $1,000,000 appropriation from the General Fund in fiscal year 2027. The legislation does not include a spending cap tied to the right itself, nor does it limit the duration of representation beyond the completion of proceedings and appeals.

How This Compares to Legal Representation for Vermonters

The creation of a statutory right to state-funded counsel in federal immigration proceedings stands in contrast to the legal assistance available to most Vermonters.

In criminal cases, indigent defendants facing incarceration generally receive public defenders due to constitutional requirements. Even then, public defense resources are widely acknowledged to be strained.

In civil cases — including eviction, custody disputes, divorce, debt collection, and many benefits cases — Vermonters generally have no guaranteed right to free legal representation. Outside narrow circumstances where incarceration is possible (such as some civil contempt cases) and a limited number of targeted pilot programs, civil legal help usually depends on capacity-limited legal aid, pro bono counsel, or self-representation.

While the Vermont Constitution contains language stating that justice should be obtained “freely, and without being obliged to purchase it,” Vermont courts have not interpreted that provision as a blanket entitlement to state-paid attorneys in civil matters. Outside narrow circumstances, civil legal representation remains a matter of private means or limited nonprofit assistance.

Federal immigration proceedings are classified as civil, not criminal, under federal law. H.742 would nonetheless establish a state-recognized right to publicly funded legal counsel in civil immigration proceedings for non-residents detained in Vermont, creating a level of statutory entitlement not broadly available to Vermont residents in their own civil cases.

Budget Context and Policy Tradeoffs

The bill arrives amid broader fiscal pressures facing the state, including ongoing debates over education funding, healthcare costs, and tax burdens. Immigration defense cases can be complex and resource-intensive, often involving prolonged detention, multiple hearings, expert testimony, and appeals.

While the bill proposes an initial $1 million appropriation, it does not limit the scope of the right to available funding, raising questions about long-term obligations if costs exceed initial projections.

What Happens Next

H.742 is introduced legislation and may be amended as it moves through the legislative process. Committee assignment, hearings, and fiscal analysis will determine whether and how it advances.

As written, however, the bill is explicit: Vermont would create a state-recognized right to ongoing, taxpayer-funded legal representation for individuals in federal immigration proceedings, including non-residents detained in the state, with costs borne by Vermont taxpayers.