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H 298

An act relating to restricting the Department of Corrections’ cooperation with federal immigration authorities

2025-2026 Regular Session Introduced by Esme Cole and 8 co-sponsors

Vermont would limit DOC cooperation with federal immigration authorities, terminate existing agreements, and require annual reporting to prevent immigration-enforcement actions via

Read first time and referred to the Committee on Corrections and Institutions
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Bill Summary · H 298

Bill Summary: H.298 (2025-2026) – Vermont

Main purpose and intent

  • The bill aims to restrict and terminate the Vermont Department of Corrections’ (DOC) cooperation with federal immigration authorities to the extent permitted by federal law.
  • It seeks to divest from federal immigration enforcement activity by assessing and potentially terminating contracts or agreements with federal immigration authorities that do not align with Vermont values and policies.
  • The bill establishes reporting requirements to keep the General Assembly informed about the current level of DOC cooperation, requests for assistance from federal immigration authorities, legal challenges, and any federal law changes affecting the provisions.
  • It authorizes the DOC to adopt rules to training staff, respond to inquiries, and discipline noncompliant personnel.

Key provisions and changes

  1. Definitions and intent (Sec. 1)

    • Explicit statement of purpose: promote equal protection under the law and reduce reliance on federal immigration authorities.
    • Intent to examine and potentially terminate federal contracts that conflict with Vermont values.

  2. Amendments to DOC powers (Sec. 2)

    • The DOC has broad authority over correctional facilities, treatment programs, probation/parole services, staffing, facility standards, and advisory roles (with an exception for cooperating with federal immigration authorities).

  3. Limitation on cooperation with federal immigration authorities (Sec. 3)

    • The Commissioner may not cooperate with federal immigration authorities for the purpose of immigration enforcement (except as otherwise required by law).
    • Clarifies that the DOC cannot use its authority to assist with immigration enforcement.

  4. New restricted-immigration section (Sec. 4)

    • Restrictions:
      • No contacting federal immigration authorities based on race, ethnicity, national origin, or immigration status for investigative purposes.
      • No detaining beyond what is required by law to enable immigration status investigations.
      • No accepting requests from federal immigration authorities to support immigration-enforcement operations.
      • No detention or transfer to immigration authorities unless a judicial warrant is provided; immigration detainers are not considered warrants.
    • Reporting requirements:
      • Annual report due December 1 to specified House and Senate committees detailing requests for assistance, DOC responses, and any legal challenges or federal mandates.
      • Report noncompliance to the Vermont State Auditor.
    • Rulemaking:
      • Create rules (via 3 V.S.A. ch. 25) for training, intake/responding to inquiries, and penalties for noncompliance (including discipline, termination, and monetary fines).

  5. Current cooperation in DOC context; termination plan (Sec. 5)

    • Requires a written report detailing existing agreements/cooperation with federal immigration authorities, including financial/resource implications, due within 30 days after passage.
    • Requires termination of existing contracts/agreements with federal immigration authorities within 30 days after passage, except where federal law requires otherwise.

  6. Effective date (Sec. 6)

    • Takes effect upon passage.

Who would be affected

  • Department of Corrections (DOC): Primary entity affected; changes to authority, policies, reporting, training, and potential termination of contracts with federal immigration authorities.
  • Inmates, offenders, and custody operations: Potential changes in how immigration inquiries and detainer requests are handled; emphasis on judicial warrants and due process.
  • DOC staff and leadership: Training requirements and potential disciplinary/financial penalties for noncompliance.
  • Legislative and oversight bodies: Ongoing reporting obligations to House Committees on Corrections and Institutions and on Government Operations and the Senate counterpart committees.
  • Federal immigration authorities: Reduced scope of cooperation; potential termination of existing agreements/contracts with Vermont DOC.

Procedural and timeline aspects

  • If enacted, the DOC must:
    • Provide a 30-day report detailing current agreements and cooperation with federal immigration authorities.
    • Terminate existing contracts/agreements within 30 days after passage, to the extent allowed by federal law.
    • Begin annual reporting on or before December 1 each year documenting requests for assistance, responses, and any related legal/federal changes.
    • Implement rulemaking to train staff, set intake/respondent protocols, and establish penalties for noncompliance.
  • Rulemaking authority is granted to the DOC under standard Vermont rulemaking processes (3 V.S.A. ch. 25).
  • The act becomes effective upon passage.

Potential impact and considerations

  • Strengthening protections against immigration enforcement actions conducted via the DOC.
  • Enhancing transparency through annual reporting and oversight.
  • Potential legal considerations around federal-state interactions and preemption concerns; some cooperation may be constrained by federal law, which the bill acknowledges with “to the extent permitted under federal law.”
  • Administrative burden of new training, protocols, and penalties for staff.
  • Possible reassessment of existing federal funding or contracts tied to immigration enforcement activities.

If you’d like, I can provide a side-by-side comparison with current law, a glossary of key terms, or a concise one-page briefing for policymakers.

Compiled from official sources — confirm details with the bill’s official record.

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