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.

Some 15 community and faith-based organizations gathered again this week outside the Geo Group ICE detention facility in Aurora where longtime Denver resident and activist Jeanette Vizguerra is being held.

Protestors have gathered weekly after U.S. Immigration and Customs Enforcement agents arrested Vizguerra during her work break at Target on March 17.

Nate Kassa, organizer, Party for Socialism and Liberation, was a safety marshal during the demonstration calling for her release.

"We're here today to demand freedom for Jeanette Vizguerra," he explained. "She's been imprisoned by the Trump administration for exercising her First Amendment right to free speech. And to speak out for the unjust detentions of people like her, and other immigrants across this country."

Vizguerra was recently named a 2025 recipient of the Robert F. Kennedy Human Rights Award for her "moral courage and willingness to act on convictions, even at great personal risk."

ICE officials have called Vizguerra a "convicted criminal alien" for entering and remaining in the U.S. without proper documentation, an act the Trump administration considers illegal. ICE also said she has received due process and that a judge has issued a final order for her deportation.

Eight in ten Americans support deporting immigrants who have been convicted of a violent crime, according to a new poll. But after the arrest of documented student activists by masked agents, and the deployment of active military personnel on U.S. soil, a majority of Americans say the Trump administration has gone too far.

Yoselin Corrales, organizer with the group Aurora Unidos, said it is important to stand up against what she sees as the criminalization of people who are politically active.

"We've seen this across our country with activists being arrested and persecuted by the police and by the FBI, and we will not stand for our voices being silenced," she contended.

President Donald Trump campaigned on the promise of mass deportations, and the budget reconciliation bill passed by Congress last week includes the largest investment in detention and deportation in U.S. history. The law earmarks $170 billion to fund Trump's immigration plans, including $45 billion to build new detention centers.


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The Trump administration has made it clear it will cut funding from schools continuing diversity, equity and inclusion programs and with record levels of Immigration and Customs Enforcement funding for detention and deportation in the new federal budget, more school districts are quietly rethinking their policies.

Barbara Marler, an independent education consultant and adviser with over 40 years of experience, is working with school districts to help them rephrase DEI-related language so it will not be flagged in automated searches. She explained her goal is to help shield their work and emphasizes the unprecedented nature of her efforts.

"ESL and bilingual, as a field, has always had some level of controversy," Marler acknowledged. "But this is at a whole 'nother level that I've never seen before."

The Trump administration has called DEI policies "dangerous and demeaning." Marler noted school district leaders tell her the current pressures they face feel insurmountable. So far, she has worked with two districts in Illinois on strategies and expects more will follow since the passage of the new federal budget bill last week.

Alejandra Vázquez Baur, a fellow at the Century Foundation and cofounder and director of the National Newcomer Network, said immigrant justice organizations operating in 'red' states have long been aware of the risks and have adapted their language to continue their work discreetly. She added now, even groups in blue states like Illinois, which once operated more openly, are facing increased pressure to avoid being targeted.

"It's scary, because many people who enter into this work do this because they themselves are immigrants, and/or they have undocumented family members or employees that they fear are at risk should the administration come after them, or should they lose funding and not be able to pay their employees," Vázquez Baur outlined.

The Supreme Court ruling in the 1982 case Plyler v. Doe determined all children in the U.S. have the right to a public education, regardless of immigration status. But Vázquez Baur stressed she is concerned about the chilling effect the current administration is having on such basic rights and freedoms. She warned jeopardizing the rights of immigrant students can lead to the erosion of rights for all.

"Many organizations have to back down as they consider all of their circumstances," Vázquez Baur added. "But for those places that have the ability to do so, those organizations and districts should dig deeper, because we cannot be silent in the face of these attacks."


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A Tennessee immigrant-led group and other advocates are suing the state over a new law they said unfairly targets people who offer shelter to undocumented immigrants.

Of the over 400,000 immigrants living in Tennessee, around 128,000 are undocumented.

Lisa Sherman Luna, executive director of the Tennessee Immigrant and Refugee Rights Coalition and its political action committee TIRRC Votes, said her organization is seeking a preliminary injunction to block the "anti-harboring" law from taking effect July 1. She described the law, which would create a felony offense for human smuggling, as having no clear guidance on who it targets or how it will be enforced.

"We believe this law is unconstitutional and an overreach of the state government," Luna emphasized. "For us, SB 392 is ripping apart the very fabric of who we aspire to be as Tennesseans."

Luna noted the lawsuit is backed by the Institute for Constitutional Advocacy and Protection and the American Immigration Council. She added the law could criminalize basic acts of care like churches offering shelter or families living together.

Luna pointed out her organization recently met with Kilmar Abrego Garcia's wife and brother, along with national immigrant rights group CASA, to spotlight his case. She said he was denied fair legal protections, describing the impact it's had on his family.

"We see Kilmar's case as an example of the erosion of due process that is happening to individuals here in Tennessee," Luna outlined. "We had devastating ICE raids earlier in May that resulted in almost 200 people being kidnapped right from their cars in a coordinated operation between the Tennessee Highway Patrol and ICE."

Garcia remains in jail as lawyers debate whether the Justice Department can intervene to block his deportation, should he be released ahead of trial on human smuggling charges. Luna is calling on Tennesseans to stand with immigrant communities by volunteering, donating, or joining advocacy efforts. She added immigrants are at the forefront of building a stronger, multiracial democracy.


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