Federal agents patrol the halls of immigration court in New York City in October. While arrests at federal immigration courts have received widespread attention, U.S. Immigration and Customs Enforcement have also arrested individuals at state courthouses, prompting some Democratic states to impose restrictions. (Photo by Michael M. Santiago/Getty Images)

A day after President Donald Trump took office, U.S. Immigration and Customs Enforcement issued a new directive to its agents: Arrests at courthouses, restricted under the Biden administration, were again permissible.

In Connecticut, a group of observers who keep watch on ICE activity in and around Stamford Superior Court have since witnessed a series of arrests. In one high-profile case in August, federal agents pursued two men into a bathroom.

“Is it an activity you want to be interfering with, people fulfilling their duty when they’re called to court and going to court? For me, it’s insanity,” said David Michel, a Democratic former state representative in Connecticut who helps observe courthouse activity.

Fueled by the Stamford uproar, Connecticut lawmakers last week approved restrictions on civil arrests and mask-wearing by federal law enforcement at state courthouses. And on Monday, a federal judge tossed a lawsuit brought by the U.S. Department of Justice that had sought to block similar restrictions in New York.

They are the latest examples of a growing number of Democratic states, and some judges, pushing back against ICE arrests in and around state courthouses. State lawmakers and other officials worry the raids risk keeping people from testifying in criminal trials, fighting evictions or seeking restraining orders against domestic abusers.

The courthouse arrests mark an intensifying clash between the Trump administration and Democratic states that pits federal authority against state sovereignty. Sitting at the core of the fight are questions about how much power states have to control what happens in their own courts and the physical grounds they sit on.

In Illinois, lawmakers approved a ban on civil immigration arrests at courthouses in October. In Rhode Island, lawmakers plan to again push for a ban after an earlier measure didn’t advance in March. Connecticut lawmakers were codifying limits imposed by the state Supreme Court chief justice in September. Democratic Gov. Ned Lamont is expected to sign the bill.

States that are clamping down on ICE continue to allow the agency to make criminal arrests, as opposed to noncriminal civil arrests. Many people arrested and subsequently deported are taken on noncriminal, administrative warrants. As of Sept. 21, 71.5% of ICE detainees had no criminal convictions, according to the Transactional Records Access Clearinghouse, a data research organization.

Some states, such as New York, already have limits on immigration enforcement in courthouses that date back to the first Trump administration, when ICE agents also engaged in courthouse arrests. New York’s Protect Our Courts Act, in place since 2020, prohibits civil arrests of people at state and local courthouses without a judicial warrant. The law also applies to people traveling to and from court, extending protections beyond courthouse grounds.

“One of the cornerstones of our democracy is open access to the courts. When that access is denied or chilled, all of us are made less safe and less free,” said Oren Sellstrom, litigation director at Lawyers for Civil Rights, a Boston-based group that works to provide legal support to immigrants, people of color and low-income individuals.

But in addition to challenging the New York law, the Justice Department is prosecuting a Wisconsin state judge, alleging she illegally helped a migrant avoid ICE agents.

“We aren’t some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law,” U.S. Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin said in a statement to Stateline. “Nothing in the constitution prohibits arresting a lawbreaker where you find them.”

Some Republican lawmakers oppose efforts to limit ICE arrests in and near courthouses, arguing state officials should stay out of the way of federal law enforcement. The Ohio Senate in June passed a bill that would prohibit public officials from interfering in immigration arrests or prohibiting cooperation with ICE; the move came after judges in Franklin County, which includes Columbus, imposed restrictions on civil arrests in courthouses.

“The United States is a nation of immigrants, but we are also a nation of law and order. To have a civilized society, laws must be respected, this includes immigration laws,” Ohio Republican state Sen. Kristina Roegner, the bill’s sponsor, said in a news release at the time.

Roegner didn’t respond to Stateline’s interview request. The legislation remains in a House committee.

Knowing where a target will be

Courthouses offer an attractive location for ICE to make immigration arrests, according to both ICE and advocates for migrants.

Court records and hearing schedules often indicate who is expected in the building on any given day. Administrative warrants don’t allow ICE to enter private homes without permission, but the same protections don’t apply in public areas, such as courthouses. And many people have a strong incentive to show up for court, knowing that warrants can potentially be issued for their arrest if they don’t.

“So in some respects, it’s easy pickings,” said Steven Brown, executive director of the ACLU of Rhode Island.

In June, ICE arrested Pablo Grave de la Cruz at Rhode Island Traffic Tribunal in Cranston. A 36-year-old Rhode Island resident, he had come from Guatemala illegally as a teenager.

“They pulled up on him like he was a murderer or a rapist,” friend Brittany Donohue told the Rhode Island Current, which chronicled de la Cruz’s case. “He was leaving traffic court.”

An immigration judge has since granted de la Cruz permission to self-deport.

McLaughlin, the Homeland Security assistant secretary, said in her statement that allowing law enforcement to make arrests “of criminal illegal aliens in courthouses is common sense” — conserving law enforcement resources because officers know where a target will be. The department said the practice is safer for officers and the community, noting that individuals have gone through courthouse security.

Still, ICE’s directive on courthouse arrests sets some limits on the agency’s activity.

Agents “should, to the extent practicable” conduct civil immigration arrests in non-public areas of the courthouse and avoid public entrances. Actions should be taken “discreetly” to minimize disruption to court proceedings, and agents should generally avoid areas wholly dedicated to non-criminal proceedings, such as family court, the directive says.

Crucially, the directive says ICE can conduct civil immigration arrests “where such action is not precluded by laws imposed by the jurisdiction.” In other words, the agency’s guidance directs agents to respect state and local bans on noncriminal arrests.

Trump administration court actions

But the Trump administration has also gone to court to try to overcome state-level restrictions.

The Justice Department sued in June over New York’s Protect Our Courts Act, arguing that it “purposefully shields dangerous aliens” from lawful detention. The department says the law violates the U.S. Constitution’s supremacy clause, under which federal law supersedes state law.

New York Democratic Attorney General Letitia James argued the state law doesn’t conflict with federal law and sought the lawsuit’s dismissal.

U.S. District Court Judge Mae D’Agostino, an appointee of President Barack Obama, on Monday granted James’ motion. The judge wrote that the “entire purpose” of the lawsuit was to allow the federal government to commandeer New York’s resources — such as court schedules and court security screening measures — to aid immigration enforcement, even though states cannot generally be required to help the federal government enforce federal law.

“Compelling New York to allow federal immigration authorities to reap the benefits of the work of state employees is no different than permitting the federal government to commandeer state officials directly in furtherance of federal objectives,” the judge wrote.

The Justice Department didn’t immediately respond to a request for comment.

The department is also prosecuting Wisconsin Judge Hannah Dugan, who prosecutors allege helped a person living in the country illegally avoid ICE agents in April inside a Milwaukee courthouse by letting him exit a courtroom through a side door. (Agents apprehended the individual near the courthouse.) A federal grand jury indicted Dugan on a count of concealing an individual and a count of obstructing a proceeding.

In court documents, Dugan’s lawyers have called the prosecution “virtually unprecedented and entirely unconstitutional.”

Dugan has pleaded not guilty, and a trial is set for December.

Lawmakers seek ‘order’ in courthouses

Rhode Island Democratic state Sen. Meghan Kallman is championing legislation that would generally ban civil arrests at courthouses. The measure received a hearing, but a legislative committee recommended further study.

Kallman hopes the bill will go further next year. The sense of urgency has intensified, she said, and more people now understand the consequences of what is happening.

“In order to create a system of law that is functioning and that encourages trust, we have to make those [courthouse] spaces safe,” she said.

Back in Connecticut, Democratic state Rep. Steven Stafstrom said his day job as a commercial litigator brings him into courthouses across the state weekly. Based on his conversations with court staff, other lawyers and senior administration within the judicial branch, he said “there’s a genuine fear, not just for safety, but for disruptions of orderly court processes in our courthouses.”

Some Connecticut Republicans have questioned whether a law that only pertains to civil arrests would prove effective. State Rep. Craig Fishbein, the ranking Republican on the House Judiciary Committee, noted during floor debate that entering the United States without permission is a criminal offense — a misdemeanor for first-time offenders and a felony for repeat offenders. Because of that, he suggested the measure wouldn’t stop many courthouse arrests.

“The advocates think they’re getting no arrests in courthouses, but they’ve been sold a bill of goods,” he said.

Stafstrom, who chairs the Judiciary Committee, said in response that he believed the legislation protects many people who are in the country illegally because that crime is often not prosecuted.

“All we’re asking is for ICE to recognize the need for order in our courthouses,” Stafstrom said.

Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

Protesters march outside of a new ICE facility being constructed in Milwaukee. (Photo by Isiah Holmes/Wisconsin Examiner)

Activist groups and community members gathered Saturday morning to denounce the construction of a new federal immigration enforcement detention facility on Milwaukee’s Northwest Side. Renovations at the property, located at 11924 W Lake Park Drive, were clearly underway, with construction equipment sitting behind new fencing, piles of dirt and stacks of building materials visible through the building’s dark windows. Outside, protesters marched in the street and delivered speeches. 

The 36,000-square-foot detention and processing center is planned to serve as a central hub for southeastern Wisconsin, holding people before deportation or transfer to other detention centers.

“You may be here, but you are not welcome here,” said Ald. Larresa Taylor — who represents the district where the facility will be located. Although the city cannot prevent ICE from taking over the facility, Taylor said that this “doesn’t mean that we are going to accept it laying down.” 

Activists from Voces de la Frontera, Comité Sin Fronteras, the Milwaukee Alliance Against Racist and Political Repression, Never Again Action–Wisconsin, the Party for Socialism & Liberation, and the Wisconsin Coalition for Justice in Palestine picketed outside the building for close to two hours. Towards the end of the event, a drone was seen flying overhead, which was not operated by any of the activist groups who held the rally. In a empty parking lot nearby, several deputies appeared to be packing away equipment in the trunk a Milwaukee County Sheriff’s vehicle. The Sheriff’s office didn’t respond to requests for comment on whether its drone team was flying over the Saturday protest. 

Opponents of the facility say that its opening moved forward without community input or consent, and that it will perpetuate troubling uses of force and arrests in cities nationwide including Chicago. The facility will be used to  process ICE detainees, as well as immigrants who must come in for regular check-ins.

Christine Neumann-Ortiz, executive director of Voces de la Frontera, applauded Taylor, calling her “the first person to sound the alarm months ago about the expansion of this detention center, and to call attention and condemn what was happening in our city.”  The building is privately owned by Milwaukee Governmental LLC, which originally requested modifications to the property (something Taylor learned about in December). The LLC is linked to the Illinois-based WD Schorsch LLC, which owns properties leased to federal government agencies. 

“It’s not an accident what is happening, where this facility is being chosen to be built,” said Neumann-Ortiz. “It’s part of a long-term pattern of discrimination and marginalization, and criminalization of working class people of color.” Neumann-Oritz said that instead of spending “millions” on the facility, “that money should be used to pay for FoodShare, BadgerCare, and our public schools.” 

 Angela Lang, executive director of Black Leaders Organizing Communities (BLOC), said, “We are not free, until we are all free.” Lang added that Black communities “know what it’s like to be ripped away from our families and locked away,” and that people are concerned about federal agents’ behavior in cities like Chicago. “And we have been worried for months, if not years, ‘is this going to happen to Milwaukee?’” 

Over recent months months, videos have suggested an escalating patter of force from federal agents including shooting people in the head with pepper balls, placing protesters in chokeholds, deploying tear gas in crowded neighborhoods in broad daylight, arresting and attacking journalists, arresting parents in front of their children, and having unprofessional verbal exchanges with citizens. 

Although Milwaukee hasn’t seen protest-related clashes, ICE stirred anxiety and condemnation earlier this year after arresting members of families with mixed-immigration status at the Milwaukee County Courthouse as they attended court hearings. Milwaukee County Circuit Court Judge Hannah Dugan was also arrested and criminally charged after the federal government accused her of attempting to hide a person sought by ICE who’d attended a hearing in her courtroom. Dugan is expected to go to trial in federal court in December. Other high profile arrests and deportations of community members have also occurred in Milwaukee during the first six months of the second  Trump administration. 

Conor Mika, a student activist at the Milwaukee School of Engineering (MSOE) condemned what he said is a lack of transparency and accountability for his  school’s relationship with ICE, which has been using a university building for operations in Milwaukee. “It’s time MSOE takes a stand. It’s on MSOE to slow down ICE’s operations, and protect its students by removing ICE from this building, and refusing any future collaborations with these agencies conducting mass deportations in our city.”

Leah Janke and Tanya Brown both attended the rally Saturday, and told the Wisconsin Examiner that it was important to make their voices heard. “I think it’s important that people here know that we don’t want this,” said Brown. “It’s not just a small community that doesn’t want it, it’s everybody. We don’t want it.” Janke said. “It’s 2025, and this is completely unacceptable to be running an ICE facility like this, and be deporting people illegally, without due process. This is insanity. It doesn’t feel right in any way.” Janke added, “I’ve seen a lot happening in Chicago, and that’s my fear…that’s my biggest fear.”

Besides attending rallies, Janke has been making “whistle kits” filled with whistles and information about reporting ICE, or alerting the community if an arrest is happening. “Be safe out there,” said Janke. “Because honestly, it’s scary and people are getting  hurt.”

Raúl Ríos, an activist with both Comité Sin Fronteras and Party for Socialism and Liberation, said it was important to rally people on Saturday both on the North and South Sides of Milwaukee, especially since the city is one of the most segregated in America. “Most people that I’ve heard, not only today but previously, had said that they had no idea that this was even being constructed, and that it’s going to be used as the main facility for southeast Wisconsin,” Rios told the Examiner. 

GET THE MORNING HEADLINES.

SUBSCRIBE

 

Afternoon light shines on the U.S. Immigration and Customs Enforcement Service Processing Center in El Centro, California, on May 27, 2022. (Getty photos)

An immigrant advocacy organization and the ACLU of Wisconsin are criticizing the Marathon County Sheriff’s decision to partner with Immigration and Customs Enforcement in an agreement that gives county jail staff some immigration enforcement authority. 

ICE records show the county signed an agreement on Tuesday to participate in the ICE 287(g) jail enforcement program. Under the jail enforcement model, county jail staff can question people in the jail about their immigration status and the county can hold non-citizens in jail for up to 48 hours to be picked up by federal agents. 

Since President Donald Trump’s inauguration in January, ICE has been working to significantly expand the program across the country. Marathon is the fifth sheriff’s department in Wisconsin to sign an agreement with ICE this year, increasing the total from nine to 14. The Palmyra police department has also signed an agreement with the agency. 

“By applying to participate in the 287(g) program, the Marathon County Sheriff is offering to have his department be turned into an arm of ICE’s deportation machine,” the ACLU of Wisconsin said in a statement. “The 287(g) program is notorious for leading to racial profiling, unconstitutional policing, and wrongful detention of US citizens — and it makes communities less safe. People are less likely to seek help and report crime when their local law enforcement is seen as a partner with ICE, and going to the authorities could mean that they, a family member or a friend could be deported.”

Aside from 287(g), the Dodge County sheriff’s office has a contract with the federal government to hold federal detainees at the county jail. That agreement includes holding migrants on behalf of ICE and sometimes transporting them to and from out-of-state facilities such as the controversial ICE processing center in Broadview, Ill. 

Voces de la Frontera, an immigrant advocacy group, said the sheriff, Chad Billeb, should have engaged with the community before deciding to sign the agreement. 

“Sheriff Chad Billeb, as an elected official, should not have signed this agreement without engaging the community and local leaders in a transparent, democratic process that ensures accountability and information sharing. There is still time to do so and reverse course,” said Christine Neumann-Ortiz, the organization’s executive director.

GET THE MORNING HEADLINES.

SUBSCRIBE

Images depicting Dodge County deputies transporting ICE detainees to Broadview, Illinois. (Photo courtesy of Unraveled)

The Dodge County Sheriff’s Office in Wisconsin has been sending deputies into Illinois to transport migrants to and from the Immigration and Customs Enforcement detention facility in suburban Chicago at the center of the Trump administration’s clash with Illinois officials and activists. 

For more than two decades, the Dodge County Sheriff’s Office has had a contract with the U.S. Marshal’s Service to hold federal detainees in the county jail. As part of that contract, which budget documents show provided the county with more than $6 million last year, the sheriff’s office regularly holds migrant detainees for ICE and transports federal detainees of all sorts. 

“We house federal inmates/detainees as part of our agreement with the U.S. Marshal Service.  We also transport to and from various facilities as part of our agreement. The federal government reimburses us for transportation. ICE is a rider on the agreement,” Sheriff Dale Schmidt told the Wisconsin Examiner in an email. “It is a simple, non-political arrangement we have had for 20+ years under all previous administrations during this contract (Including President Obama and President Biden).” 

But critics say that this year the arrangement has become more political because of President Donald Trump’s increased immigration enforcement and ICE’s escalation of tactics in both its efforts to capture people without legal documentation, and its confrontations with protesters.

“For two decades or more, the Dodge County Sheriff’s Office has obtained a steady stream of revenue from ICE for transporting and jailing persons in immigration detention,” Tim Muth, senior staff attorney at the American Civil Liberties Union (ACLU) of Wisconsin said in an emailed statement. “That practice continues. We regret that the sheriff declines to terminate his contract with ICE, a rogue federal agency that is increasingly violating the rights of persons it seizes from our communities, racially profiling and separating families, and landing some of them in the jail which the sheriff operates.”

Advocates and attorneys for immigrants say that ICE has been frequently moving detainees between detention centers as part of a “shell game” in an effort to keep them hidden from their lawyers and family. 

“I don’t even know where to begin,” said immigration attorney Marc Christopher, describing unprecedented difficulties he’s experienced attempting to locate and represent clients under the second Trump administration. Under previous administrations, Christopher said, clients were relatively easy to locate and communicate with, and the attorney felt he had a good relationship with staff at facilities like the Dodge County Jail. 

Now in nearly 70% of cases, Christopher told the Wisconsin Examiner, clients are “being shipped off to different facilities in many different locations…I’ve had clients sent to Indiana, Louisiana, Texas, Ohio, all different locations.” 

In one case, coordinating a telephone conference with a client who’d been detained in a private out-of-state facility required a three day set-up process for a video call with poor audio quality that lasted just 20 minutes, Christopher said. 

Another change he’s seen is that detainees in Wisconsin who are taken to Dodge County are given court dates in Chicago. 

“I had it where I’ve traveled to Dodge County after checking to see if my client’s there, only to drive all the way there to find out that that morning they were moved to a different facility,” said Christopher. 

The Broadview ICE detention center in a suburb of Chicago has drawn regular protests for months. The presence of Dodge County Sheriff’s deputies at the Broadview facility were first reported by the independent media outlet Unraveled.

The federal response to those protests has frequently escalated into violence and those escalations have been used as justification for Trump’s attempt to deploy troops from the Texas National Guard to the Chicago area. 

Illinois state laws restrict ICE cooperation with local law enforcement and prevent the long term detention of migrants in Illinois. Because of that prohibition, ICE has moved detainees from Illinois to facilities in nearby Indiana and Wisconsin. 

Schmidt did not respond to questions from the Wisconsin Examiner about how frequently his deputies have driven detainees in and out of Broadview under Trump, but the department’s 2024 annual report shows sheriff’s office personnel made 302 trips at the request of ICE last year. 

Dodge County is reimbursed for its trips to Illinois. The journey from Juneau to Broadview is a five-hour round trip. State Sen. Melissa Ratcliff (D-Cottage Grove), whose district covers part of Dodge County, says expending county resources to help ICE doesn’t keep the community safe and amounts to participating in the administration’s “cruelty.” 

“Local law enforcement does not have to take on federal immigration enforcement duties. When they do, it risks discouraging victims and witnesses from coming forward — making all of us less safe,” Ratcliff said in a statement. “Our local resources should not be diverted from protecting our local communities. Further, there are serious concerns about inhumane conditions at ICE detention centers. There are also troubling political shell games being played in which detainees are transferred from facility to facility — sometimes across state lines — making it difficult for attorneys and families to locate them or ensure they receive due process. That is not justice; that is cruelty disguised as policy and it’s unconstitutional. Wisconsin’s strength lies in our welcoming communities and our commitment to fairness, dignity, and safety for all. I urge our local leaders to prioritize community trust, transparency, and compassion in every action they take.”

“You used to be able to call Dodge, set something up for the next day, spend two-three hours talking,” Christopher said.  “Now I have to fight and find out where they are, try to schedule a time to speak with them. And the family is sitting on pins and needles. They have no idea where their loved one is. They have no idea what’s going on. I’m spending all my time not trying to analyze their case, but simply to find out where they are and try to arrange a time to chat with them. It’s horrible.””

Under the current administration, critics say, transporting ICE detainees is direct participation in an effort to deny due process and avoid transparency. 

“I think there’s a concerning pattern of more local law enforcement being brought in to play an immigration enforcement role as part of the machinery of mass deportations,” said Christine Neumann-Ortiz, executive director of Voces de la Frontera. Local departments are paid to transport immigrants for ICE, “as in Dodge most recently, in Brown County as well and Sauk,” she said, and also receive significant federal money for sharing information on immigrants in their custody through 287g agreements.

Neumann-Ortiz pointed to the 287g agreement sought by the Palmyra Police Department, which is still pending. The 287g program involves local law enforcement agreeing to aid ICE in arresting undocumented migrants or holding them in jail until ICE can pick them up.

“There’s real concern about it,” said Neumann-Ortiz. “They’re really trading off public safety and building trust in a diverse community to take this money. That is particularly alarming when you see what’s happening with ICE, and Customs, and Border Patrol and how they’re operating…They are operating as a militarized operation with masks, with guns, and they are profiling people and physically assaulting people violently, and really trampling over people’s due process rights.” 

“Under that threat which is terrorizing communities,” she added, “why in the world would local law enforcement want to partner with that?”

This article has been edited to correct the name of attorney Marc Christopher. 

GET THE MORNING HEADLINES.

SUBSCRIBE

The Rev. Michael Vanacore leads a prayer before a rally ends Oct. 6, 2025, outside U.S. District Court in Greenbelt, Maryland,  before a hearing in support of Kilmar Abrego Garcia. (Photo by William J. Ford/Maryland Matters)

GREENBELT, Md. — A federal judge on Monday ordered the Trump administration to produce evidence within 48 hours on its efforts to again deport Kilmar Abrego Garcia, this time to the southern African country of Eswatini.

That evidence from the Trump administration is due by Wednesday to  Maryland District Court Judge Paula Xinis. She will consider an order to release Abrego Garcia as part of his habeas corpus petition, which challenges his detention at a U.S.immigration and Customs Enforcement facility. 

If the Trump administration is making no effort to remove Abrego Garcia, Xinis said the issue then becomes indefinite detainment of an individual, which runs against a Supreme Court ruling that found immigrants can’t be detained longer than six months if they are not in the process of being removed.

Abrego Garcia, the Salvadoran immigrant whom the Trump administration mistakenly deported to his home country and to a notorious mega-prison before returning him to the United States to face criminal charges, has thrown the Trump administration’s aggressive immigration crackdown into the spotlight. 

Xinis, nominated by former President Joe Biden, scheduled another hearing Friday, which will be about Abrego Garcia’s possible removal to Eswatini, formerly known as Swaziland. The African country has aided the Trump administration in accepting third-country removals.

Department of Justice attorney Jonathan D. Guynn during Monday’s hearing confirmed such a removal is planned at some point by the administration.

Xinis pressed DOJ attorneys on exactly what steps the federal government has taken to send Abrego Garcia to Eswatini.

Guynn said the federal government has not formally started a plan of removal, but said he could not confirm if removal plans were in motion. He argued that there are no imminent plans by the federal government to remove Abrego Garcia and the DOJ is trying to show that by keeping him in ICE custody.

“The government feels like it’s in the damned if it does, damned if it doesn’t, situation,” Guynn said. “The government has been trying to respond … about concerns that Mr. Abrego Garcia will be rapidly removed from the United States, notwithstanding his habeas case, and ongoing immigration proceedings, and so in an abundance of caution… the United States is not imminently planning to remove Mr. Abrego Garcia.” 

Previously the Trump administration planned to deport Abrego Garcia to either Uganda or Eswatini. 

DOJ attorneys also asked for a temporary stay in the habeas corpus petition because of the government shutdown. 

Xinis denied the stay. She pointed to the DOJ’s own shutdown contingency plan, which allows for litigation concerning habeas petitions to continue. 

Protests in support of Abrego Garcia

About an hour before Monday’s hearing, the immigrant advocacy group CASA led a rally in front of the courthouse to continue its show of support for Abrego Garcia.

About 100 people led chants shouting, “We are Kilmar!” “No More” and “When we fight, we win!” and held signs in support of Abrego Garcia and criticizing the Trump administration.

Religious leaders said prayers and a few other people spoke, such as Krystal Oriadha, who serves as vice chair of the Prince George’s County Council. Oriadha’s father was born in Kenya and immigrated to the U.S., where he met her mother in college.

“I understand the story of immigration, and it’s one that has been such a story of pride in my life because it’s filled of sacrifice, yes and struggles, but pride and love for your family and hard work,” she said. “It is what every immigrant stands for, not the propaganda that this administration is propping up calling hardworking, loving families criminals, demonizing them. So let’s be careful and mindful of the propaganda that they’re spilling today.”

Tennessee charges

The federal judge in Abrego Garcia’s criminal trial in Tennessee, in which he is accused of human smuggling of immigrants, on Friday granted Abrego Garcia an evidentiary hearing. It will determine if those charges from the Trump administration are an illegal retaliation after Abrego Garcia successfully brought a suit challenging his wrongful deportation to El Salvador. 

Separately, an immigration judge last week denied Abrego Garcia’s request to reopen his asylum case. 

Abrego Garcia first came to the U.S. without legal authorization as a teenager in 2011. He tried to open an asylum case in 2019, but was denied because he did not apply within his first year in the U.S., which is the legal deadline for such claims.

The Friday decision from that immigration judge ends one of the efforts for Abrego Garcia’s lawyers to keep him in the U.S., due to his protections from deportation to El Salvador. 

A separate immigration judge granted Abrego Garcia those protections from El Salvador in 2019, finding that Abrego Garcia would likely face violence if returned to his home country. 

At the time, the federal government didn’t search for a third country to remove Abrego Garcia. 

Six-month limit

Monday’s hearing focused on the time frame of Abrego Garcia’s detainment and whether it conflicted with a 2001 Supreme Court case, in which justices ruled immigrants who are not in the process of removal cannot be kept in ICE detention for more than six months. 

Xinis questioned the reason for Abrego Garcia’s detention since late August if the Trump administration had no evidence of its plans to remove the longtime Maryland man. 

Another DOJ attorney, Bridget K. O’Hickey, said the federal government has not formalized a removal plan for Abrego Garcia, adding that she didn’t know if there were any plans in the process. 

Xinis called a short break in the middle of Monday’s hearing to give the DOJ attorneys time to make any calls to get information if the Trump administration was removing him. 

DOJ attorney Ernesto H. Molina said he was unable to reach anyone, pointing to the possible furlough of federal workers.

“It just is remarkable to me that you’re saying you can’t find a soul who can give you, in this case, any additional information,” Xinis said. “That suggests there is none.” 

One of Abrego Garcia’s lawyers in the Maryland case, Simon Y. Sandoval-Moshenberg, argued that if the Trump administration wanted to remove Abrego Garcia, they would send him to Costa Rica, which has already agreed to accept Abrego Garicia as a refugee. 

Xinis asked why Abrego Garcia hasn’t been removed to Costa Rica. 

“We’ve received no communications, and I can’t even wrap my brain to think of a constitutionally permissible reason why they would be fighting over whether to send them across the Atlantic Ocean when they can, this afternoon, send him to Costa Rica,” Sandoval-Moshenberg said.

Xinis asked the DOJ attorneys if there has been any effort to remove Abrego Garcia to Costa Rica, but Molina and O’Hickey said they have not been informed of those efforts.

Human smuggling charges

Attorneys for Abrego Garcia’s criminal case in Nashville said in court filings that the Trump administration was trying to force him to plead guilty to  human smuggling charges by promising to remove him to Costa Rica if he does so, and threatening to deport him to Uganda if he refuses. 

Abrego Garcia has pleaded not guilty and was ordered released by the federal judge in Tennessee to await his trial there in January on charges he took part in a long-running conspiracy to smuggle immigrants without legal status across the United States. 

In late August, after Abrego Garcia was released from U.S. Marshals Service custody in Tennessee, immigration officials informed him he had to appear in Baltimore before the ICE field office for a check-in appointment. During that appointment, Abrego Garcia was detained. 

Xinis has previously ordered the Trump administration cannot remove Abrego Garcia from the U.S. while his habeas petition continues, and that he must be kept within 200 miles of the courthouse in Greenbelt, Maryland. Last month, the Trump administration transferred Abrego Garcia from a facility in Virginia to an ICE detention facility 189 miles away in Pennsylvania. 

William J. Ford contributed to this report. 

Dairy cows huddle at sunset on a farm in Manitowoc County. Advocates and farmers say an ICE raid that took 24 migrants into custody Sept. 25 poses a threat to the state’s dairy farms and the immigrant workers that keep the industry afloat. (Photo by Andrew Kennard/Wisconsin Examiner)

The morning of Sept. 25, federal agents and immigration authorities swept into Manitowoc to arrest people alleged to be in the country without proper documentation. Agents first went to a Walmart parking lot where dairy workers are known to meet up before driving to the farms where they work. The action then moved on to private residences, where migrants were arrested as they left the house. 

The U.S. Department of Homeland Security claims the ICE raid in Manitowoc was aimed at dismantling an international sex and drug trafficking ring, but has so far provided little evidence to support that claim. Federal authorities initially said 21 migrants had been arrested in the raid, before later saying 24 had been picked up. 

On Tuesday, DHS released the names of six of the 24. Only one individual named in the release has been charged with a sex crime — Jose Hilario Moreno Portillo, who was charged in Manitowoc County court in May with the 2nd degree sexual assault of a child. However, Moreno Portillo has not yet been convicted and court records show he’s been in ICE custody since July. 

ICE did not respond to a request for comment on why Moreno Portillo was named as being arrested in the Manitowoc action when he was already in ICE custody. 

The five other named individuals have been convicted of identity theft, hit-and-run, disorderly conduct, driving under the influence, possession of narcotic equipment, traffic offenses and a failure to appear charge. 

In Wisconsin, immigrants without documentation aren’t able to obtain driver’s licenses, which often causes them to wrack up several criminal traffic offenses when they’re pulled over and ticketed for driving without a license. 

With little proof that ICE actually broke up a ring of sex traffickers, immigration advocates and farm groups see the raid as a direct threat to the state’s dairy farms and the immigrant workers that keep the industry afloat. 

Farmers and immigrant advocates in Wisconsin have been watching ICE’s actions on dairy farms across the country closely. In March, ICE raided a dairy farm and petting zoo in New York. In April, a raid on a dairy farm in Vermont resulted in eight arrests. And in early June, ICE arrested 11 immigrants in a raid on a dairy farm in New Mexico. 

But so far, enforcement against undocumented people on dairy farms had been sporadic and far from the Midwest. In June, President Donald Trump announced and then retreated from guidance that ICE would not aggressively target farms and the hospitality industry. 

While last Thursday’s raid in Manitowoc didn’t take place on a dairy farm, most of the individuals arrested were dairy workers. Beyond that, they were dairy workers in the county with the highest concentration of dairy factory farms in the state. Manitowoc County and its northeast Wisconsin neighbors are the epicenter of the modern farming powerhouse that maintains Wisconsin’s status as “America’s Dairyland.” 

“It’s just sending an economic ripple effect across the dairy industry, which is Wisconsin’s rural economy,” says Luis Velasquez, statewide organizing director for immigrant advocacy group Voces de la Frontera. “And then also there’s the symbolic and political dimension to it as well. We are America’s Dairyland, and so this enforcement is not just an administrative matter, but it threatens the industry’s well being. Who are we going to be after all of this? Are we still going to be America’s Dairyland?”

Velasquez says the raid sent a “big anxiety wave” through immigrant communities across the state. 

“These views have just spiraled out of control in terms of the rumors that have been sent out across the community, rumors of ICE coming into their neighborhoods, to their homes, to their schools,” Velasquez says.  

“I have had serious conversations since the raid in Manitowoc of folks who are planning to leave after many years of being here,” he adds. “They just don’t feel like this is a humane lifestyle anymore. They’ve given many years of their lives, and many of them have children here.” 

Michael Slattery, a Manitowoc County farmer who grows grain and raises Holstein steers, points to data that shows 70% of the labor on Wisconsin’s dairy farms comes from immigrants and estimates that the dairy industry is the driver of 20% of Manitowoc County’s economy. 

Slattery says farmers can’t survive without that migrant labor because no one else is willing to do the work.

“Do you want to get up at 3 a.m. seven days a week to go out in the cold, the heat, to get kicked by cows when you’re putting the suction cups on, to be shat upon, pissed on, pushed around by 1,400 pound cows? People don’t want that,” he says. “I’ve tried to hire part time labor here, I cannot get people, they don’t want to do this sort of stuff.”

Simply expecting farm families to pick up the slack isn’t the answer, he adds.  “These dairy farms, they don’t have enough family members that can come out and replace immigrant labor, both documented and undocumented, that are leaving,” Slattery says. “They’re in a money-losing situation now.” 

GET THE MORNING HEADLINES.

SUBSCRIBE

Losing the dairy labor force would have ripple effects across the economy in Wisconsin and the country. 

“What do they do in that situation? If your cows cannot be milked, in two, two and a half weeks they’ll go dry,” he says. “The cows get milk fever, get ill, that’s your cheap hamburger in the stores. They’re selling the cows at a loss, that’s what they’ll do. There’s less milk in the market, that will drive up prices for cheese, milk and butter.”

Danielle Endvick, executive director of the Wisconsin Farmers Union, says if Wisconsin’s immigrant workers leave the state — either from being arrested by ICE or leaving on their own to avoid arrest — farms could close and prices could increase. 

“Immigration raids and mass deportations can shrink rural economies, are terribly destabilizing for communities and can harm schools, churches, just the fabric of our rural communities too,” Endvick says. “Our rural spaces, our farmers can’t thrive if we’re treating a key workforce like they’re disposable. I think that immigrant workers are essential to Wisconsin dairy, and that when they are threatened, farmers in our rural communities are threatened too.”