Attorney General takes over Williston ICE protest cases, sending 12 to court

In multiple incidents, police told demonstrators to leave and then removed those who stayed, issuing trespassing citations in the process.

Vermont’s attorney general has moved ahead with misdemeanor trespassing cases against 12 people arrested during protests at an ICE facility in Williston, a step that immediately drew objections from some Democrats and defense attorneys.

The defendants appeared in court today, where each entered a not guilty plea. Supporters packed the courtroom as the case went forward after Vermont State Police referred the charges to the attorney general’s office. State’s Attorney Sarah George had previously declined to prosecute similar arrests tied to anti-ICE demonstrations.

Among those charged was Roan Wade, who uses they/them pronouns. Wade said the protest was intended to reduce harm and argued that operations at the facility contribute to broader violence seen across the country. Wade also said the group intends to keep demonstrating and urged others to join the planned week of action.

The arrests grew out of one of several protests at the private ICE site earlier this year. In multiple incidents, police told demonstrators to leave and then removed those who stayed, issuing trespassing citations in the process.

George has said in past cases that she chose not to move forward because the protesters had no criminal history, the conduct was nonviolent, and prosecution would not serve the interests of justice or Chittenden County residents. In this instance, however, her office said it never received the case file. According to George, state police sent the matter directly to Attorney General Charity Clark’s office, where prosecutors decided to proceed.

Gov. Phil Scott, a Republican, backed the decision to bring the case forward and said accountability was appropriate for people who violated the law.

Defense attorney Robert Appel criticized the move and said he had expected a different approach from Clark based on past dealings. He said he will continue representing the defendants as more protest-related cases may come in during the week of action.

The judge released all 12 defendants with a condition that they not return to the ICE facility. Even so, organizers say the demonstrations are continuing.

Legal scholar Jared Carter, who specializes in First Amendment issues, said it is unusual for the attorney general to step in this way. He warned that the prosecution could discourage future peaceful protest by signaling possible legal consequences for those who risk trespassing.

In a prior statement, Clark said Vermonters have the right to exercise civil liberties, but her office also has a duty to enforce the law. She did not make herself available for an interview.

The case has exposed a split within the Democratic Party, with Treasurer Mike Pieciak, Senate Majority Leader Kesha Ram Hinsdale, and gubernatorial candidate Amanda Janoo among those publicly opposing Clark’s decision.