Immigrants whose cases are heard in Omaha's Immigration Court are often denied their due process rights, according to a report from the ACLU of Nebraska.
Data were collected from more than 500 pretrial hearings between April and August 2023. Due process violations included judges not informing people of their rights more than 80% of the time. Interpretation services were almost always provided in Spanish, rather than an individual's "preferred language."
Dylan Severino, immigration legal fellow at the ACLU of Nebraska and lead author of the report, stressed the errors are violations of immigrants' legal rights.
"We saw a lot of evidence that many of them weren't given proper access to procedural due process rights that our Constitution guarantees," Severino reported. "We're talking about life or death here sometimes, with asylum, people are being sent back to countries where they're scared they're going to be killed."
Other concerns include the extremely short duration of most pretrial hearings -- typically under four minutes -- and roughly 20% of the immigrants did not have an attorney. Severino argued "universal representation" could be a solution: publicly-funded counsel for anyone facing detention or deportation who can't afford one.
Severino pointed out immigrants who have an attorney are at least 10 times more likely to start on the path to legal immigration, and added it usually benefits far more than just the individual.
"It means they can work legally. They set down roots; they pay taxes from their work, and their children do the same," Severino outlined. "Even just a few years out, we have enough people who have legally immigrated, who are now working, that the project starts paying for itself."
At least 55 U.S. jurisdictions in 21 states have implemented universal representation.
Severino emphasized most immigrants want to contribute. He cautioned against focusing on data and statistics rather than the circumstances many of them face.
"We're talking about people here, who came to this country to try to make a better life for themselves, and who are ready to improve our country as well," Severino contended. "We're an immigrant-reliant country for our economy, but also for our culture. Until recently, it's always been a point of pride."
The 2023 Fairness to Freedom Act, which has been referred to the Judiciary Committees of both houses of Congress, would make universal representation a federal law.
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Hundreds of international college students in Texas are fighting to stay in the country after their visas were revoked and their legal status changed by the federal government.
The Trump administration said the moves are part of its efforts to remove international students who have participated in pro-Palestinian protests or who have criminal offenses.
Kelly Cobb, partner and business immigration attorney in the Jackson Walker Law Firm in Houston, said many of the students targeted do not fit into either category. She explained students are being advised to file temporary restraining orders against ICE.
"Normally there would be some due process, they would understand why this is happening," Cobb pointed out. "For many of the students, they don't know why this is happening. This has been really unprecedented, unexpected and really fast."
Texas has more than 80,000 international students who contribute about $2 billion to the state's economy. Cobb added international students do not receive financial aid or grants and without their tuition and fees universities would suffer.
Information about international students is maintained in the Student and Exchange Visitor Information System. Cobb noted universities are usually the ones making changes to a student's status but now they are coming from outside the college system.
"The federal government is going in there and basically revoking status," Cobb stressed. "There are questions as to 'why are you picking certain people?' We've heard about individuals being picked up off the street or taken from their homes. It's like 'Hey your status has been canceled here.'"
She pointed out many attorneys are taking on pro bono cases to help students complete their studies and added everyone benefits from the student exchange programs.
"We're getting the best and the brightest in a lot of fields and I think that has helped the United States remain leaders in innovation in medicine and technology," Cobb contended. "We collaborate with different entities all over the world based upon these foreign students, so it all is very collaborative."
Support for this reporting was provided by Lumina Foundation.
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President Donald Trump continues his pressure campaign on immigrants -- both documented and undocumented -- disrupting the lives of many in Virginia.
As the administration revokes thousands of visas of legal immigrants, the Social Security Administration has reportedly moved thousands of names to what's known as its "death master file." The move essentially stops a person's ability to work, open a bank account or apply for a credit card.
Monica Sarmiento, executive director of the Virginia Coalition for Immigrant Rights, said the actions hinder people's ability to contribute to society, including the more than 17% of immigrants in Virginia's workforce.
"Most immigrants are here because they want a better life for themselves and their families, and want to contribute willingly and pay taxes," Sarmiento contended. "For that, they need a Social Security number."
This month, the Internal Revenue Service said it would share information on undocumented taxpayers with Immigration and Customs Enforcement. Administration officials have defended the policies, saying they will encourage affected migrants to "self-deport" to their home countries.
But advocates like Sarmiento countered immigrants of all status levels pay taxes, often in an effort to contribute to the country.
"Immigrants pay taxes," Sarmiento stressed. "They don't just want to pay taxes, they actively pay taxes. And lots of immigrants, undocumented immigrants -- it has been very well recorded -- pay billions of dollars in taxes every year, as well as noncitizen residents of the United States."
According to the American Immigration Council, undocumented immigrants alone in 2023 contributed nearly $90 billion in taxes to their federal, state and local governments.
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Tax filing season has wrapped up but the backlash over a new IRS policy concerning undocumented individuals is not going away.
A retired agency official from Illinois said her heart breaks for the people she served over the years. A deal has been struck between the IRS and the Department of Homeland Security to share the sensitive taxpayer information of those facing deportation. Officials said locating "violent criminals" is part of the goal.
Yolanda Ruiz worked for the IRS for 33 years doing outreach work in Latino communities, including tax-filing workshops. She would stress submitting a return would not overlap with immigration enforcement.
"In that outreach, I would always reassure undocumented immigrants that we would not share their personal information with ICE," Ruiz recounted. "And I also encouraged filing and paying their taxes, because it could ultimately help them with legalization and citizenship."
She explained their application approval odds might improve if they showed consistency in paying taxes. Researchers noted people without legal status pay income taxes through a specialized number. In 2023, those households paid nearly $90 billion in taxes. But Ruiz, who is not speaking for the agency, worries the new agreement will undo the trust those like her worked so hard to build.
Ruiz agreed with immigrants' advocates who said some people are now afraid to file tax returns, which could mean less revenue for the federal government, potentially limiting community resources. She added she was devastated upon hearing the news about a policy opposite of the long-standing approach in serving immigrants.
"I really can't help but to feel like I let them down," Ruiz explained. "My heart hurts and I pray for the immigrants."
The fallout is being felt within the agency, too, with the acting IRS commissioner reportedly resigning this month because of the agreement with Homeland Security.
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