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.

Protests are planned this Saturday throughout Arizona as organizers mobilize a "nationwide day of defiance" against what they're calling the Trump administration's attacks on civil rights, working families, public education and health care. The "No Kings" protests follow a week of immigration sweeps throughout the country, including in Arizona, that have sparked public outrage against President Donald Trump's mass deportation agenda and Immigration and Customs Enforcement. This week, the president said people can expect additional ICE raids and warned protestors they can expect to be met with "equal or greater force."

But Leah Greenberg, co-executive director of the advocacy organization Indivisible, said there is power in collective action.

"This is coming at a moment when they are illegally sending troops into Los Angeles, intentionally attempting to escalate in order to justify broader crackdowns on dissent that makes it that so much more important for all of us collectively to be in solidarity with our immigrants friends and neighbors, with basic American values," she explained.

The widespread movement will run counter to Trump's projected multi-million-dollar birthday military parade happening in Washington, D.C., on Saturday. More than 100 pro-democracy groups are backing the nationwide No Kings events. To find where protests are happening visit no-kings-dot-org.

Greenberg argued that the Trump administration is actively attempting to chill dissent and create consequences for those who speak out, and claimed the administration is trying to create a false sense of inevitability.

"Their power, fundamentally, is dependent on all of us actually agreeing, actually obeying. If we collectively organize, if we collectively expose that lie for what it is - then we are are going to be in a completely different position and they are not going to be able to get away with the things they are trying to do," she continued.

Randi Weingarten, president of the American Federation of Teachers, reminded people the power of the United States' government is derived from those it represents.

"Not from one man, not from one party, not from a crown," she contended. "That is what was the most important focus of the framers. That is why they shed lots of blood, sweat and tears to actually create this country, the first 13 colonies."

Immigrant rights groups have said they are considering legal action to restore a Texas law allowing in-state tuition rates for undocumented college students.

The move comes after the Department of Justice sued Texas and within hours, state officials complied without a fight. According to the U.S. attorney general, federal law prohibits schools from providing benefits to undocumented students not provided to U.S. citizens.

Kelly Cobb, partner and business immigration attorney at the Jackson Walker Law Firm in Houston, said the law had been on the books since 2001.

"They get the same residence requirement as someone that was born here," Cobb pointed out. "I think it's more of a policy argument. These were children brought here and why should they be penalized and have to pay higher tuition?"

Texas was the first state to enact such a law to help young adults without legal status. Conservative legislators have tried to repeal the law for years. Cobb noted if an appeal is filed, a judge could allow the law to remain in effect through the appeals process.

Texas Attorney General Ken Paxton took partial credit for the legislation being overturned. The lawsuit was filed just days after the end of the legislative session, where a bill to repeal the law stalled after passing out of a Senate committee. According to the American Immigration Council, the state will lose an estimated $460 million a year in wages if the ban remains in effect.

"It's going to have a financial impact on the universities," Cobb explained. "Also, they're going to college so they are going to come out professionals with degrees, who should be earning more. So, they will make money; they will make jobs."

The move is part of the Trump administration's crackdown on illegal immigration. Currently, 24 states allow undocumented students to pay in-state tuition.

In response to increasing federal threats to immigrant communities, including cuts to food assistance and deportations, a coalition of more than 100 community organizations is urging Oregon's lawmakers to pass the 2025 Immigrant Justice Package.

It includes five bills which would provide Oregon's immigrant families access to things like food and housing assistance, disaster relief and legal representation.

Martha Sonato, president of the Oregon Worker Relief Coalition, said the legislation will benefit all Oregonians.

"What community has put forward is a package of very impactful, cost saving investments," Sonato explained. "These are all basic rights that really help families stay together and succeed."

Opponents to some of the measures argued it is unfair to ask legal residents to fund benefits for people in the country illegally. Supporters, however, countered undocumented Oregonians contribute more than $350 million annually in state and local taxes, making them deserving of the benefits.

From the package, Sonato highlighted a bill to create a Farmworker Disaster Relief Fund. She noted Oregon farmworkers, more than 60% of whom are immigrants, face lost wages due to extreme weather like heat waves and wildfires.

"Farmworker Disaster Relief would really help make sure that farmworkers are able to take care of themselves and their families, just like they're taking care of all of us," Sonato emphasized.

Another bill in the package, Food for All Oregonians, would provide food benefits to all children in the state, regardless of their immigration status. The measures also seek funding to renew a legal aid program for immigrants, which Sonato argued is crucial in today's climate.

"This policy ensures that folks have due process by providing legal representation to immigrants that are seeking to adjust their status and facing deportation," Sonato added.

Sonato stressed investments in immigrant communities now will save the state money in emergency food, housing, and medical resources down the road.


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