HARDWICK – Several people who observed U.S. Border Patrol and Immigration and Customs Enforcement (ICE) activity Friday in Hardwick expressed concern about those who were detained, in one case referring to those who had left the scene of a traffic stop as having been kidnapped by ICE. Another observer said they felt sick to their stomach the rest of the day over the incident and wondered what they could have done to help the targeted individuals.
Advice from ACLU staff is to first protect one’s own safety. One should not approach an encounter with law enforcement officers in which either party may be armed unless there’s 100% certainty that it’s safe, agreed American Civil Liberties Union (ACLU) Staff Attorney Hillary Rich.
Above all, it is best to remain calm to avoid escalating the situation, she said.
It’s most important to obey any directive from a law enforcement officer. An individual has the right to record any encounter involving ICE, a term which she said is often used to include, or interchangeably with, border patrol, an arm of Customs and Border Protection (CPB).
However, “ICE doesn’t always respect those rights,” and may lie, she said.
Anyone recording or taking photos should film openly and comply with any safety instructions they are given. It is acceptable to say, “I’m exercising my rights to document this,” said Rich.
She suggested thinking like an attorney. “Ideally it is best to focus on the actions of the agent and not the face of the person being targeted,” she said. The agent’s clothing can be an important identifier.
When documenting any ICE interaction, think, “How can I build a record,” said Rich. Capture the context, pay attention to any documents the agents might offer. They may not necessarily have a warrant, but it’s acceptable to ask for documents, or under what authority they are detaining the person targeted.
A bystander asked to step back by law enforcement officers should do so and document their compliance with any instructions.
Rich noted that documenting an interaction can be in writing, and should be done as soon as possible after the encounter, while the events are still fresh.
A report should be made as soon as possible to an organization like Migrant Justice, or the Vermont Asylum Assistance project (VAAP). A form is available on the page at vaapvt.org/legal–support.
The ACLU will accept reports too, but is not equipped to respond as quickly as those other organizations, said Rich.
“Be aware that anything a bystander says may be used as evidence. Less is more,” said Rich. Do not offer any information about the person being targeted.
There is a locator for people detained by ICE or CBP available at locator.ice.gov/odls/#/search. It requires the name of the person suspected of being detained, or an A-number assigned to them, and the person’s country of birth. A note there indicates, “Use this page to locate a detainee who is currently in ICE custody or who has been in U.S. Customs and Border Protection’s custody for more than 48 hours.”
Rich said tracking those in CBP custody is often more difficult than for those in ICE custody.
The ACLU suggested several websites that might be helpful in handling interactions with ICE and CPB agents, including a CNN article, “Experts explain your rights – as an immigrant or a bystander – if you’re caught up in an ICE raid” at cnn.com/2025/08/23/us/immigrant–bystander–rights–ice–raid; several ACLU documents, including one that covers the 100 mile border zone reaching most of Vermont at aclu.org/know–your–rights/border–zone; this one that explains that “You have the right to share truthful, lawfully obtained information about law enforcement and tell people about their legal rights” at aclu.org/know–your–rights/talking–to–people–about–their–rights; and a page on the VAAP website linked to several ways of tracking ICE activity and detentions at vaapvt.org/icetracker
ICE (Immigration and Customs Enforcement) and Border Patrol are not the same agency; however, both are components of the Department of Homeland Security (DHS) with distinct roles and jurisdictions. Border Patrol (part of CBP) focuses on securing the U.S. borders and enforcing immigration laws at and between ports of entry, while ICE focuses on interior immigration and customs enforcement, investigating violations and deporting unauthorized immigrants within the country.
Paul Fixx is editor of The Hardwick Gazette and lives in Hardwick.
