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Courts left with loose ends when ICE detains criminal defendants

21 November 2025 at 12:00
A person wearing a pink sweatshirt sits at a table holding a phone that displays a wedding photo of two people, with shelves and furniture visible in the background.
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  • ICE records list more than 130 arrests at county jails in Wisconsin between January and July 2025. Nearly 40% were awaiting a ruling in their first criminal case. 
  • While defendants sit in ICE custody, their criminal cases generally continue without them — sometimes with no explanation of their absence.
  • That leaves defendants without their day in court, victims without a chance to testify and thousands of dollars in forfeited bail paid by family and friends.

Stacey Murillo Martinez arrived at the Fond du Lac County courthouse in June to pay a $1,500 cash bond for her husband, Miguel Murillo Martinez, as he sat in jail facing drunken driving, bail jumping and firearms charges. 

Scraping the funds together was no small feat. Stacey lives on a fixed income, so Miguel’s boss chipped in. She expected the court to eventually return the $1,500. Bond is meant to serve as collateral to incentivize defendants to show up for their court dates, as she believed Miguel would. 

She did not know U.S. Immigration and Customs Enforcement officers would wait inside the Fond du Lac County Jail later that day to take Miguel, an immigrant from Honduras, into their custody. 

Five months later, Miguel still sits in an ICE facility near Terre Haute, Indiana. His detention caused him to miss a court date in September, prompting the Fond du Lac County judge to issue a bench warrant for his arrest. 

“They didn’t tell me, ‘You’re guilty’ or ‘You’re not guilty,’ ” he said, his voice muffled and distorted by the facility’s phone system. 

“I don’t know what’s going to happen,” Stacey said in early November, referring to the fate of her husband and the bail money – three times the monthly rent for the couple’s double-wide in a Fond du Lac manufactured home park. 

ICE records list more than 130 arrests at county jails in Wisconsin between January and July 2025. Nearly 40% were awaiting a ruling in their first criminal case.

While defendants sit in ICE custody, their criminal cases generally continue without them — sometimes with no explanation of their absence to the court. As ICE ramps up its enforcement efforts nationwide, Wisconsin courts are increasingly left with loose ends: defendants without their day in court, victims without a chance to testify and thousands of dollars in forfeited bail paid by family, friends and employers.

“If I get out, I’m going back to my house, and then I have to appear in county court,” Miguel said. 

Miguel is not the only recent example: ICE picked up his nephew, Junior Murillo, at the Fond du Lac County Jail in October as he faced charges for disorderly conduct and domestic abuse.

The Fond du Lac County Jail has transferred 10 people into ICE custody this year, Sheriff Ryan Waldschmidt said. His county is among 15 Wisconsin local governments to have signed agreements with ICE to assist in identifying and apprehending unauthorized immigrants. These are often called 287(g) agreements, referencing the section of the federal Immigration and Nationality Act authorizing the program. 

Fond du Lac is also among the more than two dozen Wisconsin counties participating in the State Criminal Alien Assistance Program, through which the Department of Justice partially reimburses incarceration costs for agencies that share data on unauthorized immigrants in their custody. Fond du Lac County received nearly $25,000 through the program in fiscal year 2024, according to Waldschmidt.

Fond du Lac County District Attorney Eric Toney said ICE has been “very easy for us to communicate and work with,” and his prosecutors inform judges if a defendant is arrested in the courthouse. Waldschmidt noted that while his office communicates with prosecutors about inmates in county custody with ICE holds, it lacks a written policy requiring them to notify prosecutors of handoffs to ICE. 

Criminal and immigration courts collide

Wisconsin courts do not consistently track whether a defendant has entered ICE custody, but multiple Wisconsin defense attorneys told Wisconsin Watch that immigration authorities frequently arrest defendants shortly after they post bail. 

“The judge will issue a $500 cash bond, somebody in the family will post it before I’m able to tell them, ‘please don’t,’ and the client will get transferred into immigration custody, where they’re really not able to make the appearance in circuit court,” said Kate Drury, a Waupaca-based criminal defense and immigration attorney.

In rare cases, prosecutors work with ICE to extradite defendants from detention centers in other states – or, even rarer, from other countries. Doing so is complicated and expensive, especially for smaller counties.

Toney said his office can’t justify expenses for bringing any out-of-state defendant back to prosecute lower-level cases, such as driving without a license. 

Dane County District Attorney Ismael Ozanne is similarly reluctant to spend thousands to extradite defendants from faraway detention facilities. “If it’s a misdemeanor retail theft (charge), let’s say, and the person is in California, that extradition cost may be $5,000,” he said. “We’re probably not going to spend $5,000 or bring that person back.”

Ozanne’s office did, however, successfully fight for custody of a Honduran woman accused of killing two teenagers while driving drunk on Highway I-90 north of Madison in July. ICE detained Noelia Saray Martinez Avila, 30, after her attorney posted a $250,000 bond to release her from the Dane County jail in August. Martinez Avila is scheduled to appear in Dane County court in December.

A person wearing a blazer and holding a microphone stands facing people who are seated in a room with white walls with red trim.
Fond du Lac County District Attorney Eric Toney said U.S. Immigration and Customs Enforcement has been responsive to his office’s questions when defendants in criminal cases face immigration enforcement. He is shown at the 1st District GOP Fall Fest, Sept. 24, 2022, at the Racine County Fairgrounds in Union Grove, Wis. (Angela Major / WPR)
A person wearing a blue suit coat and red tie holds a silver laptop while looking at another person, with other people out of focus in the background.
Dane County District Attorney Ismael Ozanne says he is reluctant to spend thousands of dollars to extradite criminal defendants from faraway detention facilities. He is seen in Dane County Circuit Court in Madison, Wis., in December 2019. (Coburn Dukehart / Wisconsin Watch)

Defendants in ICE custody can sometimes appear for Wisconsin court hearings via video call, though some attorneys report struggling to schedule those from immigration detention centers. 

“Jails and private prisons that operate immigration detention facilities aren’t super focused or motivated in helping defendants make their scheduled court appearances,” Drury said.

When a defendant misses a court date, Toney’s office typically requests a bench warrant and moves to schedule a bail forfeiture hearing — regardless of whether ICE detention caused the absence, he said. 

Making exceptions for ICE detainees would mean “treating somebody differently because of their immigration status,” Toney said. Still, attorneys in his office can exercise their own discretion when deciding whether to seek a warrant or bail forfeiture, he added. The prosecutor responsible for Junior Murillo’s case, for instance, did not request that the court forfeit his bail after his ICE arrest.

Ozanne argued against forfeiting defendants’ bail if they miss a court date while in ICE custody. 

“It wasn’t their unwillingness to show up” that prevented them from appearing in court, he said, adding that his office would be willing to return bail money to whomever posted it on the defendant’s behalf.

“The problem is that we don’t necessarily know” whether a person is in custody, Ozanne added. While he, like Toney, has reported no difficulties communicating with ICE, the agency doesn’t proactively inform his office when it arrests immigrants with active cases in Dane County. 

ICE did not respond to emailed questions from Wisconsin Watch.

Mindy Nolan, a Milwaukee-based attorney who specializes in the interaction between criminal cases and immigration status, said judges generally issue warrants for defendants in ICE custody to keep their criminal cases alive if ICE releases them or they return to the country after deportation. 

“Over the years, what I’ve heard from judges is (that) if the person is present in the United States in the future, they could be picked up on the state court warrant,” she said.

Hearings without defendants

Wisconsin law gives courts at least 30 days to decide whether to forfeit a defendant’s bail. 

“The default assumption seems to be that the immigrant could appear and the statute places the burden on the defendant to prove that it was impossible for them to appear,” Drury said. “But how does the defendant meet that burden when they’re being held in immigration custody, transferred all over the country, potentially transferred outside the United States?”

Wisconsin courts have held more than 2,700 bail forfeiture hearings thus far in 2025, though the state’s count does not provide details on the reasons for defendants’ absence. If the defendant misses the hearing, the defendant’s attorney or those who paid the bail can challenge the forfeiture by demonstrating that the absence was unavoidable. 

On a Friday morning in late October, a Racine County judge issued a half-dozen bail forfeiture orders in just minutes. The court had scheduled a translator for most of the cases, and she sat alone at the defense table, occasionally scanning the room in case any defendants slipped in at the last minute.

“The problem is getting someone at the bond forfeiture hearings to assert those arguments on behalf of clients,” Drury said. Public defenders are often stretched thin, and family members may be unaware of upcoming hearings. Court records indicate Miguel Murillo lacks a defense attorney assigned to his case in Fond du Lac, leaving only Stacey to argue against bail forfeiture. 

Such hearings tend to be more substantial when attorneys are present, boosting the likelihood of bail money being returned. 

Entrance to a white and beige brick building with black letters reading "FOND DU LAC COUNTY JAIL," and a sign above a doorway says "SHERIFF 63 WESTERN AVENUE"
Fond du Lac County Jail is shown in Fond du Lac, Wis., Nov. 8, 2025. (Paul Kiefer / Wisconsin Watch)

Miguel Murillo’s case does not involve an alleged victim, meaning forfeited bail would go to Fond du Lac County. Court costs typically exceed the value of forfeited bail, Toney said. 

When cases involve alleged victims, Wisconsin law requires that courts use forfeited bail for victim restitution – even without a conviction.

What’s missing are judicial findings that the defendant is responsible for the alleged actions and caused suffering to the victim, Drury said. 

“Without a conviction, I don’t understand how you maintain that policy and the presumption of innocence, which is such an important constitutional cornerstone of this country.”

Immigration arrests often throw a wrench in the gears of the criminal justice system, Ozanne said. 

“It’s most problematic for us when the person hasn’t gone through their due process,” he said. “We have victims… who don’t really get the benefit of the process or have the ability to communicate with the courts about what they think should happen.”

“In a sense,” he added, “that person has a get-out-of-jail-free card.” 

Months in ICE detention 

Miguel Murillo left Honduras a decade ago, initially settling in Houston. While in Texas, he says he survived a shooting and sought, but never obtained, a U-visa, which provides temporary legal status to victims of certain crimes. 

The shooting prompted him to head north to Wisconsin, where he found construction work and married Stacey, a lifelong Wisconsinite. Court records mark occasional run-ins with law enforcement and misdemeanors over the last five years, culminating in the April 2025 charges that preceded his ICE arrest. 

Stacey, who is receiving treatment for breast cancer, relied on her husband to keep their household afloat. In his absence, she said, “I have to beg, plead, and borrow to get any assistance.” 

“Right now, as I go through this situation… there’s no one to take care of her,” Miguel told Wisconsin Watch. The couple hope that argument will sway a Chicago immigration court judge to release him from ICE custody. The court held its final hearing on his order of removal case in late October, Stacey said, but has yet to issue a ruling.

Junior’s case progressed far more quickly. After his arrest in October, he spent just over a week in ICE custody before immigration authorities put him on a plane to Honduras. 

Miguel, on the other hand, has spent roughly five months in various ICE detention facilities. He was scheduled to appear by video in Fond du Lac County court Thursday morning. He never joined the call. 

“I don’t know what happened,” he wrote to Wisconsin Watch afterwards. “I was waiting and (facility staff) didn’t call me.”

Stacey couldn’t attend the hearing for health reasons, and Miguel has yet to secure an attorney for his Fond du Lac case. Court records do not indicate whether the prosecutor requested forfeiture of his $1,500 bail.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Courts left with loose ends when ICE detains criminal defendants is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

ICE courthouse arrests meet resistance from Democratic states

21 November 2025 at 11:00
Federal agents patrol the halls of immigration court in New York City.

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.

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.

– David Michel, a Democratic former Connecticut state representative

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

“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.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Farmers are feeling the squeeze from Trump’s mass deportations. Congress isn’t close to a fix.

People carry cut evergreen tree pieces near a truck platform, surrounded by tall pine trees.
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The agricultural industry is feeling the strain from President Donald Trump’s immigration crackdown, and Republican lawmakers are certainly hearing about it back home.

What elected officials will do about farmers’ frustrations is much less clear — an indication that relief could be far away.

“Members are beginning to talk about it, but it doesn’t feel as though a particular solution is coming into focus yet, and clearly the White House is going to be the most important player in these conversations,” said Rep. Dusty Johnson, who sits on the House Agriculture Committee.

Ongoing Immigration and Customs Enforcement raids in agricultural centers, from California to Wisconsin to New York, have increased pressure on members of Congress to provide fixes for farmers who say they are facing labor shortages.

In Wisconsin, for example, a 2023 University of Wisconsin study found that 70% of labor on the state’s dairy farms was done by undocumented workers. Many of those farmers have turned to existing temporary visas — like the H-2A visa, a seasonal agricultural visa — to staff their farms. The Trump administration moved to strip back labor protections for farmers hiring workers on the visa earlier this year, in an effort to streamline H-2A visas.

But those visas are inherently limited for year-round work, like at dairy farms.

The program is also associated with high costs and a slow-moving bureaucracy. Democrats and immigrant advocates said the administration’s move put workers at risk of abuse and exploitation. Approximately 17% of agricultural workers have an H-2A visa.

There are currently several proposed reforms floating around the Capitol.

A bipartisan bill introduced in May by Reps. Dan Newhouse and Zoe Lofgren proposes streamlining the H-2A visa process and providing visas for year-round agricultural employers.

Wisconsin Republican Rep. Derrick Van Orden has proposed legislation that would allow undocumented farmworkers to gain legal employment status, as long as they haven’t committed a crime. Both immigrants and their employers would be required to acknowledge the worker’s status and pay a fine.

“We got to understand, at this point these people are our neighbors. Our kids go to school together, and they’re part of our communities,” Van Orden said. “I don’t want these people having to hide underneath a trailer when immigration shows up.”

Van Orden’s bill has no co-sponsors.

Lawmakers formed a task force in 2023 to consider possible reforms to the H-2A visa program and improve the industry’s reliable labor shortage.

The Republican-majority House Committee on Agriculture has readied a bill that largely follows task force recommendations — which include proposals to streamline administrative paperwork, expedite application review by U.S. Citizenship and Immigration Services and change the wage system — to overhaul the H-2A program.

Committee chair Rep. Glenn Thompson said the bill is awaiting “technical assistance” from the Department of Labor. That final step had been delayed by shutdown furloughs, he said. The Department of Labor did not immediately respond to a request for comment.

“We’re very close to introducing a very strong, I’ll call it a tripartisan bill, because that includes Republicans, Democrats and individuals from the industry,” Thompson said.

The bill draft is expected to be ready for public review by early January.

Rep. Salud Carbajal, a Democrat on the agriculture committee, however, says he hasn’t heard from his Republican colleagues or the White House on the issue.

“There’s been no communication from my colleagues on the other side and from this administration,” he said.

Republicans say the White House is engaged on the issue. Thompson told NOTUS that he’s been in “frequent discussions” with the White House and the Department of Agriculture about immigrant farmworkers.

Rep. Doug LaMalfa, who also sits on the House Agriculture Committee, said the White House is “in the mood here to engage” on farmworker visas.

“A while back, the president acknowledged in a speech that we got to up the game on having more and simpler processes for having farm workers available. I know we feel that in California with our specialty crops,” LaMalfa said.

Trump in June suggested that farms would get a pass in the deportation crackdown — a statement that senior administration officials seemed to disagree with.

Immigration advocates haven’t been happy with the administration’s visa policy changes thus far.

Alexandra Sossa, the chief executive officer with the Farmworker and Landscaper Advocacy Project, said that her organization is “not in favor” of the H-2A visa program, which it associates with “human labor trafficking and labor exploitation.”

And now, with the ongoing immigration raids, she says, farmworkers who are brought to the country under the visa program fear deportation, and those who are considering coming under the program are apprehensive about doing so.

“We are talking about workers who wake up at 4 a.m. in the morning and start working at 5 a.m. and end working around 9 to 10 p.m., Monday to Sunday. So that’s not easy to find, and it’s a difficult job to do. The consequences on the economy are reflected when you go to the grocery store to buy food,” Sossa said.

Democrats, meanwhile, are calling for larger immigration reform to address the dangerous working conditions that the H-2A program has led to, while also giving a bigger pathway to work.

“When people are exploited, we’ve got to crack down on that,” Rep. Jim McGovern, a Democrat on the House Committee on Agriculture, said about the concerns regarding H-2A visas. “But I just think the climate that’s been created by this administration makes it difficult for some Republicans to even want to talk about the issue.”

“I hear from farmers all the time about concerns that their labor force will disappear, or that they can’t count on workers,” McGovern said.

This story was produced and originally published by Wisconsin Watch and NOTUS, a publication from the nonprofit, nonpartisan Allbritton Journalism Institute.

Farmers are feeling the squeeze from Trump’s mass deportations. Congress isn’t close to a fix. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Does each ICE deportation cost taxpayers at least $17,000?

19 November 2025 at 22:03
Reading Time: < 1 minute

YES

The cost for U.S. Immigration and Customs Enforcement (ICE) to arrest, detain and deport someone is at least $17,121, on average, according to the agency.

The federal agency, located within the U.S. Department of Homeland Security, cited that cost this year as President Donald Trump’s administration ramped up deportations of undocumented immigrants. As of late October, DHS had reportedly deported 527,000 people during Trump’s second term. 

ICE may be underestimating the taxpayer cost of deportations. Penn Wharton Budget Model, a nonpartisan research initiative, calculated a much higher per-deportee cost

Studies cited by Penn Wharton had costs per deportation ranging from $30,591 to $109,880, coming out to an average of $70,236. The biggest variable between the two studies was the detention and monitoring cost, a figure that is dependent on how long a deportee is detained.

This fact brief is responsive to conversations such as this one.


This fact brief was originally published by MinnPost on November 18, 2025, and was authored by Brian Arola. MinnPost is a member of the Gigafact network.

Does each ICE deportation cost taxpayers at least $17,000? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

‘So sudden, so jarring’: Immigration ruling streamlines deportations to countries asylum seekers barely know

14 November 2025 at 22:04
Entrance of a gray concrete building with "U.S. Department of Homeland Security" above glass doors and "Milwaukee, Wisconsin 310 East Knapp St" on a concrete sign in front.
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Click here to read highlights from the story
  • A federal board ruling has paved the way for courts to more easily toss out asylum cases and instead deport applicants, not to their home country, but to a “third country” they barely know.
  • The ruling has the potential to affect the cases of thousands of immigrants who entered the asylum process since 2019.
  • The Department of Homeland Security is using its extra power inconsistently, moving to send some asylum seekers to third countries while making more traditional motions in other cases. One immigration attorney says it illustrates the “crazy arbitrariness of the system.”

Milwaukee immigration attorney Anthony Locke spent the first weekend in November wrapping his head around the latest ground-shaking rule change for asylum cases. His Department of Homeland Security (DHS) counterpart apparently did the same while pushing to deport one of Locke’s clients.

Locke represents a Nicaraguan asylum seeker arrested in a late September ICE operation in Manitowoc. That client was set to appear before an immigration court judge on Nov. 4 in a hearing Locke hoped would move the man closer to securing his right to remain in the U.S. 

But five days earlier, the Board of Immigration Appeals — a powerful, if relatively obscure Department of Justice tribunal that sets rules for immigration courts — had paved the way for courts to more easily toss out asylum cases and instead deport applicants, not to their home country, but to a “third country” they barely know. 

Just before the Nov. 4 hearing, the DHS attorney motioned to dismiss Locke’s client’s case and deport him to Honduras, through which he had only briefly passed on his trek north. Locke now has until early December to argue that his client could face “persecution or torture” in Honduras. 

“Trying to demonstrate that they’re scared of a place they’ve had minimal contact with,” he said, is akin to proving a negative. 

If the judge sides with DHS, the Nicaraguan man will be sent to Honduras without an opportunity to make his case for remaining in the U.S.

“I am, quite frankly, not too hopeful, and I’ve had to be quite honest with my client about that,” Locke said. “This is so sudden, so jarring, and it has such an immense impact.”

The full impact of the appeals board ruling remains to be seen, but it has the potential to affect the cases of thousands of immigrants who entered the asylum process since President Donald Trump’s first administration in 2019 began establishing “safe third country” agreements, starting with Guatemala, Honduras and El Salvador. 

U.S. law for decades guaranteed anyone physically present in the U.S. the right to seek asylum, but the agreements allowed the U.S. to instead send asylum seekers to third countries to seek legal status there. 

While Joe Biden suspended most third country agreements during his presidency, Trump, upon returning to office in January, revived them as a means to limit asylum applications and facilitate deportations. The list of countries willing to accept the deportees is still growing, though not all have signed formal “safe third country” agreements.

The Board of Immigration Appeals overhauled the process of sending an asylum seeker to a third country. Its ruling allows DHS to send asylum seekers to countries through which they did not pass en route to the U.S. It also requires immigration courts to consider whether asylum seekers can be sent to a third country before hearing their cases for remaining in the U.S., creating the proving-a-negative scenario Locke described. 

The ruling may not impact those who filed for asylum before third country agreements were forged. 

DHS did not respond to Wisconsin Watch’s request for comment.

Locke’s client entered the U.S. in 2022, requesting asylum on the grounds that his protests against Nicaragua’s ruling party made him a target for persecution. The man entered the country through a Biden-era “parole” program that allowed some immigrants from Cuba, Haiti, Nicaragua and Venezuela to live and work in the U.S. for two years, Locke said. Roughly a third of new arrivals to Wisconsin who entered the immigration court system since 2020 came from Nicaragua, though not all secured parole. 

The Trump administration ended the parole program earlier this year, claiming that the roughly 500,000 immigrants who entered the country through the program had not been properly vetted and that participants limited opportunities for domestic workers.

Locke’s client landed in the immigration court system in September after his arrest in Manitowoc. He is currently in custody in the Dodge County jail — one of a growing number of local detention facilities in Wisconsin housing ICE detainees. 

One of his fellow detainees, Diego Ugarte-Arenas, faces a similar predicament. The 31-year-old from Venezuela entered the U.S. in 2021 alongside his wife, Dailin Pacheco-Acosta. The couple filed for asylum upon reaching Wisconsin, citing their involvement in opposition to Venezuelan President Nicolas Maduro. Pacheco-Acosta found work as a nanny in Madison, and Ugarte-Arenas found a restaurant job. 

ICE last month arrested the couple during a routine check-in at DHS’ field office in downtown Milwaukee, forcing them to argue their asylum case in the immigration court system. Ugarte-Arenas remains in Dodge County, while his wife sits in a county jail in northern Kentucky. Another recent Board of Immigration Appeals decision limits their ability to post bond and continue their case while reunited in Wisconsin. 

The couple appeared in court for the first time on Nov. 12, both via video call. Though separated by hundreds of miles, the cinderblock walls behind them made their settings look almost identical. 

A person wearing a dark shirt sits in a room with white brick walls and a wall-mounted file holder in the background.
Diego Ugarte-Arenas appears virtually at an asylum hearing while sitting in the Dodge County jail, Nov. 12, 2025.
A person wearing glasses and an orange shirt over a white shirt is in front of a white brick wall.
Dailin Pacheco-Acosta appears virtually at an asylum hearing while sitting in a northern Kentucky county jail, Nov. 12, 2025.

As they waited for their case to reach the top of the queue, the couple watched the court field-test the new rule on third-country deportations as the DHS attorney motioned to send another asylum seeker to an unnamed third country. But when Judge Eva Saltzman called their case, the DHS attorney did not make the same motion.

“When you move this quickly and have this volume of cases, not every case gets treated the same,” said Ben Crouse, an attorney representing the couple. The inconsistency, Crouse said, reflects the “crazy arbitrariness of the system.” 

After scheduling a follow-up hearing, Saltzman allowed the couple to speak to one another for the first time since their arrest. 

“Everything will be OK, you hear me?” Ugarte-Arenas said through tears. 

Saltzman moved on to the next case.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

‘So sudden, so jarring’: Immigration ruling streamlines deportations to countries asylum seekers barely know is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Kilmar Abrego Garcia to be transferred to Tennessee for hearings on criminal charges

31 October 2025 at 18:03
A protester holds a photo of Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025 in New York City.  (Photo by Michael M. Santiago/Getty Images)

A protester holds a photo of Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025 in New York City.  (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — A federal judge in Maryland on Friday approved the transfer of Kilmar Abrego Garcia from immigration detention in Pennsylvania to Nashville, Tennessee, for a multi-day hearing in his criminal case brought by the Trump administration after an erroneous deportation to El Salvador. 

The Trump administration previously planned as soon as Friday to again deport Abrego Garcia, this time to the West African country of Liberia. Abrego Garcia has protections from deportation to his home country of El Salvador after an immigration judge in 2019 feared he would face violence if removed there. 

Maryland District Judge Paula Xinis will allow for the transfer for his multi-day hearing on Nov. 4 and 5, according to court documents. 

Xinis, who was nominated by former President Barack Obama, is overseeing Abrego Garcia’s challenge to his detention, which is separate from the criminal case. His attorneys argue the Trump administration is keeping Abrego Garcia in detention to punish him, rather than seeking deportation. 

Abrego Garcia has agreed to be removed to Costa Rica, which has offered to accept him as a refugee. The Trump administration also has floated several other African countries as deportation destinations for Abrego Garcia: Ghana, Eswatini and Uganda.

Deportation, criminal charges

The Trump administration in March erroneously deported Abrego Garcia, a longtime Maryland resident, to a notorious mega-prison in El Salvador — a move that thrust a spotlight on the realities of the president’s immigration crackdown. 

Facing mounting pressures from various courts that ordered Abrego Garcia’s return, the Trump administration brought him back in June to face criminal charges lodged against him by the Justice Department that stemmed from a traffic stop in 2022. 

Those charges, to which Abrego Garcia has pleaded not guilty, accuse him of smuggling migrants across the country. 

The federal judge overseeing Abrego Garcia’s criminal trial in Nashville, U.S. District Judge Waverly Crenshaw, this week filed an order warning Trump administration officials, including Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem, they could face sanctions if they continue to make inflammatory remarks about Abrego Garcia. 

Members of the Trump administration, including President Donald Trump, have without evidence repeatedly labeled Abrego Garcia as an MS-13 gang member. 

Tennessee hearing

The multi-day hearing for Abrego Garcia in Tennessee comes after Crenshaw earlier this month found there was a “likelihood” that the DOJ indictment against Abrego Garcia was vindictive. Obama also nominated Crenshaw.

Abrego Garcia was living in Maryland with his wife and their three children when he was arrested by U.S. Immigration and Customs Enforcement agents earlier this year and notified that there had been a change in his status. Because of the deportation protections, Abrego Garcia was required to check in with ICE each year.

Kilmar Abrego Garcia would be deported to Liberia under Trump administration plan

25 October 2025 at 02:15
Kilmar Abrego Garcia speaks to a crowd of people who held a prayer vigil and rally on his behalf outside the Immigration and Customs Enforcement building in Baltimore on Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

Kilmar Abrego Garcia speaks to a crowd of people who held a prayer vigil and rally on his behalf outside the Immigration and Customs Enforcement building in Baltimore on Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

WASHINGTON — The Trump administration Friday identified the West African nation of Liberia as the location for the removal of Kilmar Abrego Garcia, noting his deportation could come as soon as Oct. 31. 

In a Friday court filing in the District of Maryland, the Department of Justice argued that Liberia is a close partner with the United States and that the federal government has received assurances from Liberia that Abrego Garcia will not be harmed if he is deported there. They added that Abrego Garcia, who has a wife and family in Maryland, has not expressed fear of being removed to Liberia.

“Although Petitioner has identified more than twenty countries that he purports to fear would persecute or torture him if he were removed there, Liberia is not on that list,” according to the filing.

Abrego Garcia’s attorneys in his Maryland case could not be immediately reached for comment.

The new filing comes shortly after attorneys for Abrego Garcia in a separate case in Tennessee this week requested to subpoena Trump DOJ official Todd Blanche in connection with Abrego Garcia’s claim that his criminal case by the Trump administration is vindictive. That hearing is set to start Nov. 4.

Abrego Garcia has pleaded not guilty to those charges, which accuse him of the human trafficking of immigrants in an incident stemming from a 2022 traffic stop in Tennessee. 

Detention challenged

Abrego Garcia, whose wrongful deportation cast a spotlight on the president’s aggressive immigration crackdown, is challenging his detention on the grounds that the Trump administration is using his imprisonment as punishment rather than for the purpose of removal. 

Abrego Garcia has stated he is willing to be deported to Costa Rica, which has agreed to accept the longtime Maryland man as a refugee. 

Because Abrego Garcia has deportation protections from his home country of El Salvador, the Trump administration must find a third country that is willing to accept him and a country where Abrego Garcia believes he will not face harm or persecution. 

The Trump administration so far has floated sending Abrego Garcia to one of three nations in Africa —  Ghana, Eswatini and Uganda.

Earlier this month, U.S. District Judge Paula Xinis found little evidence the Trump administration has made any effort to remove Abrego Garcia either to the southern African nation of Eswatini or Costa Rica. 

At that hearing, Abrego Garcia’s attorneys told Xinis they have not received an answer from the federal government as to why officials won’t remove Abrego Garcia to Costa Rica. 

Detained in Pennsylvania

Xinis is currently mulling whether or not to order the release of Abrego Garcia, who is detained at a U.S. Immigration and Customs Enforcement facility in Pennsylvania. 

Any indefinite stay would likely be unconstitutional, per a 2001 Supreme Court ruling that does not allow for immigrants to be detained longer than six months if the federal government is making no efforts to remove them.

In March, Abrego Garcia was wrongly deported to a notorious mega-prison in El Salvador, where he detailed his experience of psychological and physical torture. 

Noem’s South Dakota neighbors hit with an immigration audit that decimates their workforce

13 October 2025 at 10:00
A September 2025 view of Drumgoon Dairy, which Dorothy and Rodney Elliott opened in 2006 near Lake Norden, South Dakota. (Photo by Makenzie Huber/South Dakota Searchlight)

A September 2025 view of Drumgoon Dairy, which Dorothy and Rodney Elliott opened in 2006 near Lake Norden, South Dakota. (Photo by Makenzie Huber/South Dakota Searchlight)

LAKE NORDEN — The names on the list included some of Dorothy Elliott’s best employees: hardworking, reliable, honest.

Most had been working at Drumgoon Dairy for years. Some worked there for nearly two decades, playing a role in the operation’s expansion and success.

But after an audit of the dairy at the end of May by the federal Department of Homeland Security, 38 of those employees are gone.

The department said they each had inaccurate, outdated or incomplete proof of U.S. citizenship or permission to work in the country.

Co-owner Dorothy Elliott is pictured at Drumgoon Dairy near Lake Norden, South Dakota, on Sept. 17, 2025. (Photo by Makenzie Huber/South Dakota Searchlight)
Co-owner Dorothy Elliott is pictured at Drumgoon Dairy near Lake Norden, South Dakota, on Sept. 17, 2025. (Photo by Makenzie Huber/South Dakota Searchlight)

Elliott co-owns the farm near Lake Norden, 5 miles from Homeland Security Secretary Kristi Noem’s eastern South Dakota home. Elliott asked the affected employees for updated documentation but ultimately had to fire those who weren’t able to adequately resolve the problems with their documents. One person returned home because his visa was expiring, and another quit.

The audit decimated Elliott’s workforce, once more than 50 employees, dropping it to just 16.

Audits at dairy farms under the Trump administration’s escalated immigration enforcement efforts have “created unrest” among workers and owners, Elliott said. It’s made for a tough summer in an industry that was flourishing after decades of support from state government.

Elliott’s remaining employees have been working without breaks, she said. Without a pathway or plan to create a sustainable workforce in agriculture and by “removing everyone working in it,” she worries some agricultural operations will go out of business. She hopes Drumgoon isn’t one of them.

“Basically, we’ve turned off the tap, but we’ve done nothing to create a solution as to how we find employees for the dairy industry,” she said.

Never previously audited

Elliott is required to file I-9 forms with documentation proving her workers’ identity and eligibility to work in the U.S. It puts employers in a difficult position, said Scott VanderWal, president of the South Dakota Farm Bureau, because applicants may present fraudulent documents an employer doesn’t catch. Yet employers could also be sued for mistakenly rejecting valid documents.

“If employers are presented with documentation that looks real and legitimate, they’re obligated to accept it,” VanderWal said. The U.S. Citizenship and Immigration Services offers similar guidance, saying employers must accept documentation if it “reasonably appears to be genuine.”

Elliott could use the federal government’s web-based system, E-Verify, that allows employers to confirm their employees’ eligibility to work in the country. But E-Verify is not mandated for new hires in South Dakota, and Elliott said she doesn’t use it because of “unreliable results.” Organizations ranging from the libertarian-leaning Cato Institute to the American Civil Liberties Union have opposed the use of E-Verify, citing reasons including errors that cost people jobs because the system wrongly flagged them. 

So Elliott evaluates applicants’ documents herself. If their IDs are out of date or if they have a visa and are applying from another farm without returning home, she passes on hiring them. She’s turned people away a dozen times over the years, she said.

Drumgoon was never audited before. In her past dealings with the Department of Homeland Security during nearly two decades of running the dairy, Elliott said, Immigration and Customs Enforcement agents would merely tell her they were searching for a person and ask for a notification if the person applied for a job. 

This time was different. After an audit, employers are required to terminate unauthorized workers who can’t prove their employability, according to a Department of Homeland Security spokesperson. Audits — which are distinct from raids or other immigration enforcement operations — are meant to ensure businesses comply with federal employment laws. 

Elliott does not know where her 38 former employees went. They could be working at other dairies in the U.S. They could have left the country. They could be anywhere.

Because the dairy is near a farm owned by Noem, the former governor of South Dakota, and because Noem was in the state during the month of the audit to receive an honorary degree, South Dakota Searchlight asked the Department of Homeland Security if Noem had a direct role in the audit. The department didn’t respond to the question.

Elliott declined to talk about Noem, saying she recognizes that federal immigration authorities “have a job to do.” 

South Dakota Farmers Union President Doug Sombke called federal dairy audits “stupid,” because they needlessly displace workers. 

“Why the heck can’t we continue to use them there as an intern or apprentice or whatever you want to call it and make it legal? Why is it so important we grab them and call them a criminal? No one wants those jobs,” Sombke said. “I don’t understand why you’d cripple or cause problems for a labor shortage when all you have to do is get them legalized.”

Immigrants hiring immigrants

Elliott’s connection to immigrants isn’t limited to her employees. She was born in the United States but married her husband, Rodney, in Northern Ireland, where they had their children. 

Eliott worked in health care and her husband operated their 140-cow dairy farm in Northern Ireland when a newspaper ad, “Wanted: Dairy farmers in South Dakota,” caught their attention. Moving to America meant fewer regulations, cheaper land, cheaper feed and the ability to grow their business, she said.

Dorothy Elliott interacts with cows at Drumgoon Dairy near Lake Norden on Sept. 17, 2025. (Photo by Makenzie Huber/South Dakota Searchlight)
Dorothy Elliott interacts with cows at Drumgoon Dairy near Lake Norden on Sept. 17, 2025. (Photo by Makenzie Huber/South Dakota Searchlight)

The couple used the EB-5 investment-for-visa program to secure backers for their operation, opened the dairy in 2006, paid off the investors within a few years and have been expanding ever since. They started with about 1,500 cows in 2006 and have grown to 6,500.

Elliott’s children got their citizenship shortly after moving to the U.S., and her husband became a citizen about eight years after they moved. That experience helps her empathize with her workers, many of whom are Hispanic. She said everything they’re doing is to support their families back home, even though many aren’t able to see their families for years at a time.

“All they’re guilty of is working and doing a job that isn’t currently being filled by an American,” Elliott said.

Taneeza Islam advocates for immigrants as executive director of South Dakota Voices for Peace. She’s spoken to immigrant workers in other industries who were scared and confused after being terminated due to stricter immigration enforcement. 

“We have two very separate worlds right now: the community that’s impacted and worried about getting detained and deported, and the community that doesn’t know this is happening here,” Islam said.

State recruited dairies

The Elliotts are among many new South Dakotans who’ve helped the dairy industry boom in the last two decades. Then-governor and now-U.S. Sen. Mike Rounds, a Republican, focused on supporting the industry in the early 2000s, which included efforts to recruit farmers from overseas.

In 2010, South Dakota’s dairy industry had an economic impact of $1.27 billion. By 2023, that had grown to $5.67 billion.

“We’ve achieved our goals we set out for ourselves: build a dairy, milk cows and grow the dairy industry in South Dakota,” Elliott said. “Is it a sustainable goal if there’s nobody to work on these dairies? No. So all the time, money, effort, investment and hard work that has gone into it will be null and void if there isn’t a workforce.”

A torn soccer goal stands in front of the Drumgoon Dairy office and near tractors on the operation on Sept. 17, 2025 near Lake Norden. (Makenzie Huber/South Dakota Searchlight)
A torn soccer goal stands in front of the Drumgoon Dairy office and near tractors on the operation on Sept. 17, 2025 near Lake Norden. (Makenzie Huber/South Dakota Searchlight)

Sombke, the state Farmers Union president, said the state’s investment in dairy “has been a good thing,” but he isn’t surprised by the recent disruption in the industry.

South Dakota Searchlight requested the number of audits conducted in South Dakota so far in 2025, but a Department of Homeland Security spokesperson said the department “does not disclose specific data on audits or enforcement actions by state or industry.”

Sombke said dairy audits are “way up” in the state compared to last year. He said nobody should be surprised to find workers at dairies without permission to be in the country. 

“What do you expect? The unemployment rate is less than 2% in the state,” Sombke said. “You’re going to be looking for labor anywhere you can find it.”

Aftermath of an audit

Drumgoon Dairy’s remaining employees have made mistakes because of the long hours they’ve had to cover — like reversing a payloader into a manure pond — or because they’re new to working on the farm.

“Some of them only get one or two days off in a 15-day period,” Elliott said. “But what else do you do? Do you just let cows starve or calves die because there’s no one there to take care of them?”

Some nearby farms sent workers to help at Drumgoon for a couple of days at a time this summer after the audit. Elliott and her husband have spent over $110,000 on recruiters and transportation so far to hire 22 visa workers from Mexico. But the visas come with restrictions on the types of jobs workers can do, so Elliott hired a dozen or so new employees locally, and still wants to hire another 10 to 15 people to replace terminated staff.

Elliott is struggling to find local applicants, which she is required by law to attempt before hiring visa workers. 

“If raising wages even more will bring Americans to work on the farm, we can try it,” Elliott said, “but there is a limit to how high you can raise wages when you don’t get to set the price of milk. Can I afford to pay a milker $25 an hour? At some point, you’d produce milk for more than you’re receiving for it.”

Trump could lead immigration reforms, Thune says

After a panel discussion at the annual Dakotafest agricultural trade show in Mitchell in August, U.S. Senate Majority Leader John Thune, R-South Dakota, told South Dakota Searchlight that he believes President Donald Trump is interested in legal immigration and work visa reforms.

South Dakota Republican congressional delegates, from left, Senate Majority Leader John Thune, Sen. Mike Rounds and Rep. Dusty Johnson speak at Dakotafest in Mitchell, South Dakota, on Aug. 20, 2025. (Photo by Makenzie Huber/South Dakota Searchlight)
South Dakota Republican congressional delegates, from left, Senate Majority Leader John Thune, Sen. Mike Rounds and Rep. Dusty Johnson speak at Dakotafest in Mitchell, South Dakota, on Aug. 20, 2025. (Photo by Makenzie Huber/South Dakota Searchlight)

“If we can find some willing partners in the Democrats, some sort of an immigration policy or a piece of legislation that we could pass is not outside the realm of possibility,” Thune said. “Ultimately, that’s the best long-term solution, and I’ve heard him talk about it.”

Sen. Rounds told Searchlight that as more people are deported and industries are disrupted, “we will get enough support from the administration to begin looking at a legal system again.”

Republican U.S. Rep. Dusty Johnson, who is running for South Dakota governor next year, said some visa programs should be modified to meet the needs of the dairy industry. Some visas are seasonal programs that require participants to return home after a few months. The programs don’t fit the needs of dairy operations that require workers year-round.

Elliott has broached the issue for years to Thune, Johnson, Rounds and other federal officials.

“All I hear is, ‘I’ll mention that. We’ll talk about that.’ But nothing,” Elliott said. “What we hear is there is absolutely no passion for any kind of change to the status quo.”

Farmers suggest solutions

Lynn Boadwine of Boadwine Farms in Baltic has “run out of gas” trying to advocate for visa and immigration policy changes to support the dairy industry. But he was heartened to hear the congressional delegates’ comments.

“There’s rhetoric, but are you really working on it?” Boadwine said. “I hope they are, because the clock is really ticking on all of these issues and we’re going to start to run out of people.”

Lynn Boadwine surveys the Boadwine Farms operation near Baltic, South Dakota, which is an over 4,300-head dairy operation featuring a milking parlor, freestall barns and a methane digestion system. (Photo by Makenzie Huber/South Dakota Searchlight)
Lynn Boadwine surveys the Boadwine Farms operation near Baltic, South Dakota, which is an over 4,300-head dairy operation featuring a milking parlor, freestall barns and a methane digestion system. (Photo by Makenzie Huber/South Dakota Searchlight)

Boadwine shared immigration reform ideas with congressional offices but hasn’t heard back on the topic. His hope is to modernize and simplify the H-2A visa program for dairies. His proposal would remove the seasonality requirement and allow workers in the country without legal permission to transition to guest-worker status. Long-term guest workers would have a path toward permanent residency by proving they are law-abiding, hardworking employees.

VanderWal, with the South Dakota Farm Bureau, said he met this spring with Noem in Washington, D.C., in his capacity as vice president of the American Farm Bureau Federation. He urged Noem and the Trump administration to back off on audits in the agricultural industry in hopes that Congress would “fix the system.”

“We wanted to impress upon the administration that if they started removing illegal workers up and down the food chain, from production to processing to transportation to grocery stores to restaurants, we’d see a disaster worse than the pandemic,” VanderWal said.

The administration has since “backed off ag,” VanderWal said, but the consequences linger for producers like the Elliotts and their employees. He said that unless President Trump “gets real forceful and goes after it,” he doesn’t expect Congress to undertake legal immigration reforms.

Economic consequence predicted

At Drumgoon Dairy, Elliott has tried automating aspects of her operation. She and her husband put in 20 robots a few years ago with the expectation they could hire students from nearby Lake Area Technical College’s robotics program to maintain them.

A robotic milking system milks a cow at Drumgoon Dairy near Lake Norden on Sept. 17, 2025. (Makenzie Huber/South Dakota Searchlight)
A robotic milking system milks a cow at Drumgoon Dairy near Lake Norden on Sept. 17, 2025. (Makenzie Huber/South Dakota Searchlight)

They posted robotics maintenance positions to attract graduates, but the response was deflating.

“To date, no one,” Elliott said.

She plans to remove the robots because the cost of running and servicing them is too expensive. So far, they’ve sold three. If the cost of technology continues to be prohibitive or there aren’t reforms to workforce visa or immigration programs, she said, “I wonder how we will become a sustainable industry.”

Elliott fears there will be consequences and higher prices for milk and other consumer dairy products without action at the federal level. Boadwine agreed.

“If we keep down this road we’ll have no choice but to import more food,” Boadwine said, “and the reason we’d import more is because it’s gotten so much more expensive here because we crippled ourselves.”

This story was originally produced by South Dakota Searchlight, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Judge weighs Kilmar Abrego Garcia’s release from immigration detention

10 October 2025 at 23:14
Rallygoers hold a sign that reads “Free Kilmar” during a rally Friday, Oct. 10, 2025, outside the U.S. District Court in Greenbelt, Maryland. (Photo by William J. Ford/Maryland Matters)

Rallygoers hold a sign that reads “Free Kilmar” during a rally Friday, Oct. 10, 2025, outside the U.S. District Court in Greenbelt, Maryland. (Photo by William J. Ford/Maryland Matters)

GREENBELT, Md. — A federal judge in Maryland seemed inclined to order the release of  Kilmar Abrego Garcia from immigration detention after oral arguments in court Friday, a potentially major development in the high-profile case.

After a more than six-hour hearing, District Judge Paula Xinis said a witness provided by the Justice Department showed little evidence that the Trump administration made an effort to remove Abrego Garcia to the southern African nation of Eswatini, and knew nothing about Abrego Garcia agreeing to be removed to Costa Rica. 

The witness tapped by the Department of Justice was John Schultz, a deputy assistant director who oversees Immigration and Customs Enforcement removal operations.

After hearing from him, Xinis said keeping Abrego Garcia detained indefinitely would likely be unconstitutional. She said she would issue an order soon.

Abrego Garcia, the Salvadoran immigrant whose wrongful deportation from Maryland put a spotlight on the Trump administration’s aggressive immigration crackdown, is currently detained in Pennsylvania. 

His attorneys have argued the Trump administration is using detention to punish Abrego Garcia because officials are not trying to remove him, even after Abrego Garcia agreed to be deported to Costa Rica.

‘Three strikes, you’re out’

Xinis expressed her frustration with Department of Justice attorneys for not providing a witness who would give clear answers on how immigration officials were handling the removal of Abrego Garcia. 

“We’re getting to the three strikes, you’re out,” Xinis said. 

Andrew J. Rossman, an attorney for Abrego Garcia, argued that if Immigration and Customs Enforcement is making no plans to immediately remove him, he should be released from detention. 

He also argued that since March, when the Trump administration erroneously deported Abrego Garcia to a mega-prison in El Salvador, to the present, Abrego Garcia has been “in continuous containment” way past the six-month limit set by the Supreme Court regarding the detention of immigrants.

“The real aim of the government… is punitive, which is just to keep him incarcerated,” Rossman said. “It’s an overtly political purpose.”

The Rev. Robert Turner, right, leads an opening prayer on Friday, Oct. 10, 2025, outside the U.S. District Court in Greenbelt, Maryland, in support of Kilmar Abrego Garcia, who had a hearing in court. Standing next to Turner is Ama Frimpong, an attorney with the immigrant advocacy group CASA. (Photo by William J. Ford/Maryland Matters)
The Rev. Robert Turner, right, leads an opening prayer on Friday, Oct. 10, 2025, outside the U.S. District Court in Greenbelt, Maryland, in support of Kilmar Abrego Garcia, who had a hearing in court. Standing next to Turner is Ama Frimpong, an attorney with the immigrant advocacy group CASA. (Photo by William J. Ford/Maryland Matters)

Rossman told Xinis that he has not received an answer from the federal government as to why they will not remove Abrego Garcia to Costa Rica, after he agreed to that proposal in August.

Xinis asked DOJ attorney Drew Ensign why Abrego Garcia hasn’t been removed to Costa Rica.

Ensign said that it was not clear to the government until Friday that Abrego Garcia had agreed to be removed to Costa Rica, because Abrego Garcia had previously expressed fear of being sent there. 

Abrego Garcia changed his position after Costa Rica assured him he would be given refugee status.

“That is a new development that I will report back to people,” Ensign said.

Supreme Court ruling

A 2001 Supreme Court ruling does not allow for immigrants to be detained longer than six months if the federal government is making no efforts to remove them. 

After 90 days without efforts to deport an immigrant, a challenge can be made because detaining that person any longer than a maximum of 180 days, or six months, would likely be unconstitutional, the high court found in Zadvydas v. Davis. 

Earlier this week, Xinis seemed likely to order Abrego Garcia’s release from Immigration and Customs Enforcement detention, where he has remained since late August. 

Xinis, who also ordered the Trump administration to return Abrego Garica to the United States after she found his removal to El Salvador unlawful, is overseeing his habeas corpus petition, which challenges his detention.

Protesters rally outside the courthouse

Ahead of the hearing, dozens of supporters from the immigrant advocacy group CASA gathered in front of the District Court for the District of Maryland, chanting, “Somos todos Kilmar,” or, “We are all Kilmar.” 

Rallygoers also chanted “What do we want? Justice!” “When do we want it? Now!” 

Some also held signs urging the Trump administration to free Abrego Garcia.

Maryland Del. Nicole Williams, right, speaks in support of the release of Kilmar Abrego Garcia during a rally Friday, Oct. 10, 2025, outside the U.S. District Court in Greenbelt, Maryland. Next to Williams is Maryland Del. Bernice Mireku-North. (Photo by William J. Ford/Maryland Matters)
Maryland Del. Nicole Williams, right, speaks in support of the release of Kilmar Abrego Garcia during a rally Friday, Oct. 10, 2025, outside the U.S. District Court in Greenbelt, Maryland. Next to Williams is Maryland Del. Bernice Mireku-North. (Photo by William J. Ford/Maryland Matters)

Two Maryland state legislators, Dels. Nicole Williams and Bernice Mireku-North, both Democrats, joined the rally.

Williams sponsored legislation during this year’s General Assembly session to prohibit local police from entering into certain agreements with ICE. On the last day of the legislative session in April, lawmakers passed a watered-down version of a bill that does not include the ban, the biggest loss for Maryland immigration advocates this year.

“We are going to be working on legislation with regards to masking by law enforcement officers,” Williams said. “We need to start treating everyone, I don’t care where you’re from, in a humane and decent way. And that’s what we’re going to be fighting for every single day until Kilmar is free and Kilmar comes home. So stop using Kilmar for your own political gain. Bring Kilmar home.”

White House involvement

Schultz, the DOJ witness, revealed that the White House had direct involvement in picking Uganda as a potential third country of removal for ICE’s deportation of Abrego Garcia. 

The move was unusual because the State Department typically coordinates third-country removals for the Department of Homeland Security.

Schultz said the Homeland Security Council, which operates within the White House, notified ICE of Uganda as a third country of removal. The Homeland Security Council works with the National Security Council of the White House. 

While Uganda is no longer a third country of removal for Abrego Garcia, ICE is trying to now remove him to Eswatini. 

Schultz said Eswatini has not agreed to take Abrego Garcia, but discussions, which he said started on Wednesday, are underway. 

“The discussions are continuing,” Schultz said. 

Schultz said he is not aware if ICE has not made any efforts to determine if Abrego Garcia would face persecution or be tortured or confined in Eswatini, or be removed a second time to El Salvador.  

Eswatini has previously agreed to accept third-country removals from the U.S. and the two countries have a memorandum of understanding, he added.

Ghana another potential destination

Schultz said that ICE has also identified the west African country of Ghana as a potential nation for Abrego Garica’s removal. Schultz said once a third country has agreed to accept Abrego Garica, he could be removed by ICE within 72 hours.

However, Ghana’s Foreign Minister, Sam Okudzeto Ablakwa, wrote on social media that the country will not accept Abrego Garcia. 

“This has been directly and unambiguously conveyed to US authorities,” he wrote. “In my interactions with US officials, I made clear that our understanding to accept a limited number of non-criminal West Africans, purely on the grounds of African solidarity and humanitarian principles would not be expanded.”

Schultz said that ICE “prematurely” sent a notice of removal to Abrego Garcia with Ghana as the designation.

The Costa Rica alternative

One of Abrego Garcia’s attorneys, Sascha Rand, grilled Schultz about why DHS would not remove him to Costa Rica, despite Abrego Garcia agreeing to go.

Schultz said he was unaware of the letter from Costa Rica’s government saying it would accept Abrego Garcia.

Another attorney for Abrego Garcia, Simon Sandoval-Moshenberg, said that the Trump administration offered to remove Abrego Garcia to Costa Rica in August if he were to plead guilty to criminal charges in a federal case in Tennessee. 

Abrego Garcia’s attorneys in his criminal case in Nashville said in court filings that the Trump administration is trying to get 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. 

Rand asked Schultz if anyone from DHS was in contact with Costa Rica.

Schultz said he was unaware if there were conversations between the federal government and Costa Rica about removing him there. 

Rossman said based on Schultz’s testimony, it was clear the Trump administration was “holding hostage passage to Costa Rica.”

“They aren’t presently intending to remove him,” he said. “They have spun the globe and picked various (African) countries… to fail on purpose.”

William J. Ford of Maryland Matters contributed to this report.

Tariffs and Trump’s immigration crackdown take a toll on Wisconsin farmers

9 October 2025 at 10:00
Red barn, rural landscape, silos, farm field

Wisconsin landscape | Photo by Greg Conniff for Wisconsin Examiner

President Donald Trump’s tariffs are becoming a major drain on Wisconsin’s agricultural economy. China stopped purchasing U.S. soybeans amid a new trade war this spring, triggering a price collapse and leaving farmers wondering what to do with the bumper crop they are now harvesting. Cranberry growers say they’re facing low prices and market uncertainty, too, as other countries turn away their products because of tariffs. 

Small wonder the latest ag economy barometer published by Purdue University on Oct. 7 found that nationwide farmers say their economic condition is weakening. Despite expected record-high corn and soybean yields, farmers report they expect weaker financial performance in 2025 than in 2024 and have a weaker capital investment outlook.

Yet even as optimism about the farm economy is fading, support for Trump among farmers remains strong.

Back in March, 70% of farmers who answered the Purdue survey said they believed tariffs would strengthen the agricultural economy in the long run. That number dropped steeply to 51% by September. Still a large majority — 71% – continue to believe the country as a whole is moving in the right direction, and 80% believe the Trump administration is likely or very likely to give them an aid package to compensate for the damage done by tariffs and trade wars.  

U.S. Rep. Tom Tiffany (R-Wisconsin) reinforced this hope on the WRDN radio podcast from the World Dairy Expo in Madison last week. Tiffany, who is running for governor, was asked what he says to farmers who are “fed up” with Trump’s tariffs. He replied that Trump tariffs are not going away, but, he said of the administration, “they’re gonna use some of that tariff revenue, which is significant, to help farmers out. Because they know, I mean, President Trump has no better friends than the farmers of America.” 

Trump has suggested he will unveil another farm bailout as he did during his first administration, when China responded to steep tariffs by scaling back purchases of U.S. agricultural products. 

The problem with the bailout solution, says Gbenga Ajilore, chief economist at the Center on Budget and Policy Priorities and former senior adviser for rural development at USDA, is that the revenue generated by tariffs that Trump proposes to convert into handouts to farmers comes directly from the farmers themselves.  

“It’s not even like robbing Peter to pay Paul. It’s like robbing Peter to pay Peter,” Ajilore said in a phone interview Wednesday. “What’s happening is that there are tariffs on a lot of goods — looking at steel, aluminum, looking at fertilizers. So farmers are paying more for their inputs. We’re seeing this impacting these companies like Caterpillar, John Deere. And so you can say there’s a lot of revenue, but it’s coming out of the pockets of consumers, businesses and farmers.” 

If farmers are not already feeling seasick as the Trump administration spins the ag economy around on a cycle of tariffs and bailouts, the administration’s immigration crackdown is also making them queasy. 

A panel discussion at last week’s World Dairy Expo focused on a labor shortage made worse by a Trump administration that seems hell-bent on deporting the agricultural workforce.

Rocks are heavy. Trees are made of wood. Gravity is real. If we deport every single person that is working in the agriculture industry, the hospitality industry and the construction industry, all of those industries will shutter in a moment's notice.

– U.S. Rep Derrick Van Orden

The recent ICE action that scooped up 24 dairy workers in Manitowoc, most of whom had no criminal records, and deportations of entire crews of legally present H2A workers in Texas had farmers who attended the discussion worried.

“Taking hard-working employees off farms does not make communities safer,” said Brain Rexing, a dairy farmer from Indiana. He described the Hispanic workers on his farm as “way more than employees. — they work together with me and my family side to side.”

Like other farmers, he said, he goes to bed at night worrying about his workers and wakes up in the morning worrying about them. Instead of threatening farmworkers with deportation, Rexing and other farmers at the Expo said, Congress should finally get around to creating a year-round visa that recognizes their essential contributions to the U.S. economy. 

U.S. Rep. Derrick Van Orden (R-Wisconsin) spoke to the group and assured them that the Trump administration has their back. He had personally spoken with Elon Musk he said. “I was like, hey, Elon, there’s two groups of people in the United States that we need to really watch out for. One of them are service members and veterans, because they gave us our freedom and keep us free. And the second one are our farmers, because they feed us. .. So he really zoned in on that and grasped it,” Van Orden said. 

Another “incredibly, incredibly strong proponent of the dairy industry,” he added, “is Tom Homan.”  Homan is Trump’s border czar and the architect of the family separation policy during the first Trump administration. “He was raised on a dairy farm,” Van Orden said. “So keep that in mind. There are some people in D.C. that understand what’s going on. We’re trying our best to help you. So I would just ask that you stay in the business and that God will bless you.”

It was not the most reassuring speech. But Van Orden also asked the dairy farmers in the room to support his proposal for a new system to make their workforce legal, which would impose a fine on employers and dairy workers and then require the workers to self-deport before returning to the country under a new federal program that would allow them to do their jobs legally. He introduced the bill in July and it was referred to the House Agriculture Committee, of which he is a member. 

The farmers, understandably, had a lot of questions.

What was their workers’ incentive to participate? How long would it take the government to process their paperwork, remove them from the country and let them back in again? How do they know they won’t be deported as soon as they come back? 

These are reasonable fears, given the terrifying scenes of ICE grabbing people off the street, busting down doors and zip-tying parents and children, sweeping up people with and without legal authorization to be in the country, whether or not they have committed any crime.

Recently, even the Trump administration’s Labor Department declared that the nation’s food system faces an emergency due to the administration’s aggressive mass deportation program, warning in a federal filing uncovered by the American Prospect that the immigration crackdown on agricultural workers has created a significant “risk of supply shock-induced food shortages.” 

“The Department does not believe American workers currently unemployed or marginally employed will make themselves readily available in sufficient numbers to replace large numbers of aliens,” the filing states, contradicting Trump administration rhetoric about immigrants stealing American jobs.

Farmers are getting it in so many ways; their exports are down, their costs are up, and they’re losing their workforce.

– Gbenga Ajilore, former USDA economist

The solution proposed by Trump’s labor department is to pay H2A seasonal agricultural workers even less — offsetting the cost to employers of a terrified workforce that is disinclined to show up to work after ICE raids.

It seems like a weird solution, as David Dayen of the American Prospect observed, “since cutting wages across the sector will likely drive existing workers to look elsewhere for jobs.”

But there is a dark logic behind the move to slash wages for agricultural workers in the midst of the moral panic over immigration. Dayen quotes Antonio De Loera-Brust of the United Farm Workers, who sees a government threatening mass deportations working hand in glove with employers who benefit from a powerless immigrant workforce. 

“We call it the ‘Deport and Replace’ strategy,” De Loera-Brust said, “which is defined above all to make it easier for corporate agribusiness to exploit its workers, whether terrified undocumented residents or an unlimited pool of cheap foreign guest workers … The Trump administration would rather expand the abusive H-2A program than do right by the workers who are already here, feeding America for decades.”

This situation does not directly apply to Wisconsin dairy farms, since dairy workers are not eligible for H2A visas. But it was not at all clear from Van Orden’s remarks at the World Dairy Expo that he understands that fact. 

“The H2A program is broken and it sucks. There you go. That’s the whole press conference,” he said after he was introduced. Later, he referred to “all this garbage you’ve been dealing with, these H2As and H2Bs” insisting his own proposal for a new visa system would work better. In fact, dairy farmers are not dealing with the H2A (seasonal) or H2B (non-agricultural) visa systems at all.

Van Orden did acknowledge the difficult situation for the dairy industry, which depends on a labor force 60% to 90% of which is made up of immigrants who lack any sort of legal authorization to be in the country, since there is no such thing as a year-round visa for low-skilled work.

“Rocks are heavy. Trees are made of wood. Gravity is real. If we deport every single person that is working in the agriculture industry, the hospitality industry and the construction industry, all of those industries will shutter in a moment’s notice,” Van Orden declared.

But it’s unclear if his plan, the Agricultural Workforce Reform Act of 2025, will help.

One farmer asked if his workers would be barred from returning to the U.S. if they committed a traffic violation (a common concern in Wisconsin, where immigrants without legal papers cannot get a driver’s license). Van Orden fobbed him off, saying that would be a question for the executive branch to resolve through its rule-making process.

Several farmers listening to Van Orden affirmed that they supported Trump’s goal of securing the border, but added that they thought that mission had been accomplished. Now they hoped the administration would turn its attention to a new public safety issue — the threat mass deportations pose to the U.S. food supply.  

Farmers across the country seem inclined to give the Trump administration the benefit of the doubt. But the doubt is growing. 

“Farmers are getting it in so many ways; their exports are down, their costs are up, and they’re losing their workforce,” said Ajilore, the former USDA economist. Given all that, farmer sentiment “actually hasn’t really moved as much as you would expect, given what’s happening,” he said. He attributes it to a wait-and-see attitude among farmers who have faithfully supported Trump for years. But now, he added, “the impact is starting to really hit home.”

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Trump administration defends nationwide rapid deportations at appeals hearing

6 October 2025 at 21:45
The front entrance of the E. Barrett Prettyman U.S. Courthouse in Washington, D.C., on Aug. 3, 2023. (Jennifer Shutt/States Newsroom)

The front entrance of the E. Barrett Prettyman U.S. Courthouse in Washington, D.C., on Aug. 3, 2023. (Jennifer Shutt/States Newsroom)

WASHINGTON — Judges on a federal appeals court panel seemed skeptical that the Trump administration’s expanded use of a fast-track deportation procedure didn’t violate the due-process rights of immigrants during oral arguments Monday.

The hearing before judges Patricia A. Millett, Neomi Rao and J. Michelle Childs of the D.C. Circuit U.S. Court of Appeals comes after a lower court struck down the expedited removal policy used to bypass judicial review in the quick removals of migrants far from the southern border. The expanded policy is a pillar in the Trump administration’s mass deportation campaign. 

“This is a critical tool of immigration enforcement,” U.S. Department of Justice attorney Drew Ensign said. “This is not a small deal. The ability to conduct expedited removal is one of the executive’s most important tools for maintaining border control and not being overwhelmed.”

For decades, presidential administrations have applied expedited removal to immigrants apprehended at the southern border who cannot prove they have remained in the country for more than two years. If they cannot produce that proof, those immigrants are then subject to deportation without appearing before an immigration judge.

In January, the Trump administration expanded expedited removal to apply nationwide, rather than only within 100 miles of the southern border.

Childs said the Trump administration can still use expedited removal, along with other enforcement tools, for its immigration policy.

“So what are you losing, other than (applying expedited removal to) millions of other people, to go inward into the U.S.?” Childs asked.

Former President Barack Obama appointed Millett, former President Joe Biden appointed Childs, and President Donald Trump appointed Rao in his first term.

Policy lacks procedure

Arguing on behalf of the immigration advocacy group that brought the suit, Make the Road New York, attorney Anand Balakrishnan said the new policy “brings to bear against this new class of people an entire system of expedited removal that is not procedurally adequate.”

The judges also questioned the legality of the Trump administration’s expanded use of expedited removal. 

Ensign argued that the Trump administration doesn’t believe the expansion violates due-process rights because those affected are not U.S. citizens.

“It has been well-established that aliens who are not lawfully admitted into the country are only entitled to whatever procedures the political branches provide, and that the plaintiffs cannot rely on the due-process clause to impose additional procedural requirements,” Ensign said.

Balakrishnan said that when the Trump administration expanded the use of the policy in January, there were no new procedures put in place, meaning immigrants wanting to challenge their removal under the new policy would have no way to do so.

“The procedures that have been on the books, in some cases are not tailored for this radically new class to which it’s being applied, and in other cases, are insufficient to deal with the unique challenges placed by them and the liberty interests of this new group,” Balakrishnan said. 

Trump administration wants to remove wrongly deported Kilmar Abrego Garcia to Eswatini

6 October 2025 at 19:19
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)

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. 

Kilmar Abrego Garcia speaks to people who held a prayer vigil and rally on his behalf outside the Immigration and Customs Enforcement building in Baltimore on Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)
Kilmar Abrego Garcia speaks to people who held a prayer vigil and rally on his behalf outside the Immigration and Customs Enforcement building in Baltimore on Aug. 25, 2025. Lydia Walther-Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

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.

After a rally led by the immigrant advocacy group CASA concludes on Oct. 6, 2025, rallygoers chant and walk in a circle in support of Kilmar Abrego Garcia. (Photo by William J. Ford/Maryland Matters)
After a rally led by the immigrant abvocacy group CASA concludes, rallygoers chant and walk in a circle in support of Kilmar Abrego Garcia, on Oct. 6, 2025. (Photo by William J. Ford/Maryland Matters)

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.

Prince George's County Councilmember Krystal Oriadha speaks Oct. 6, 2025, at a rally outside U.S. District Court in Greenbelt before a hearing in support of Kilmar Abrego Garcia. (Photo by Willilam J. Ford/Maryland Matters)
Prince George’s County Councilmember Krystal Oriadha speaks Oct. 6, 2025, at a rally outside U.S. District Court in Greenbelt before a hearing in support of Kilmar Abrego Garcia. (Photo by Willilam J. Ford/Maryland Matters)

“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. 

Simon Sandoval-Moshenberg, right, speaks to reporters on Oct. 6, 2025, after a court hearing for Kilmar Abrego Garcia. Standing next to him is Lydia Walther-Rodriguez, chief of organizing and leadership for CASA. (Photo by William J. Ford/Maryland Matters)
Simon Sandoval-Moshenberg, right, speaks to reporters on Oct. 6, 2025, after a court hearing for Kilmar Abrego Garcia. Standing next to him is Lydia Walther-Rodriguez, chief of organizing and leadership for CASA. (Photo by William J. Ford/Maryland Matters)

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. 

Rallygoers on Oct. 6, 2025,  outside U.S. District Court in Greenbelt, Maryland, hold signs in support of Kilmar Abrego Garcia and critical of the U.S. government. (Photo by William J. Ford/Maryland Matters)
Rallygoers on Oct. 6, 2025,  outside U.S. District Court in Greenbelt, Maryland, hold signs in support of Kilmar Abrego Garcia and critical of the U.S. government. (Photo by William J. Ford/Maryland Matters)

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. 

‘Adiós, Milwaukee’: A family uprooted, a hole left behind

Woman in yellow shirt
Reading Time: 9 minutes

This story was originally published by The 19th.

Yessenia Ruano’s home in Milwaukee is in a state of limbo. Some of the family’s belongings have been sold. Some were gifted, out of necessity, to friends and family, including plants Ruano offered to her coworkers. The most essential — clothing, her daughters’ American birth certificates — were packed into suitcases. 

Ruano’s husband, Miguel, is now contending with the rest: two cars in their driveway waiting to be sold, travel documents for their dog, boxes with additional household items he promised to pack up and ship before he, too, departs for El Salvador in a few weeks. 

In May, The 19th wrote about Ruano’s fight to remain in the country despite a pending order of deportation. Ruano, a teacher’s aide at a local public school and the mother of twin daughters who are U.S. citizens, argued that her deep roots in her community and her pending application for a visa should at the very least buy her more time. 

Ruano was among the millions of immigrants living in the United States who lack permanent authorization. They now face the Trump administration’s intensifying efforts to drive up the number of immigrants deported or otherwise removed from the country. That includes many immigrants who, like Ruano, have been in the country for a decade or longer, who have no criminal record, and whose ties to the country include young children — some of them U.S. citizens — and also careers and community. 

Before her first check-in with Immigration and Customs Enforcement (ICE) following Trump’s inauguration, Ruano decided to make her struggle public, summoning the help of her local community to avoid deportation. A petition in her support gathered 2,800 signatures within its first 24 hours, and a fundraiser for the family had raised close to $16,000 as of the week of July 1, with the average donation hovering under $60. 

The Trump administration’s message has been that the focus of its efforts is on people who have committed crimes and pose a threat to public safety. In order to reach their ambitious deportation goals, immigration officials have also targeted immigrants who are among the easiest to locate and remove: people like Ruano, who regularly attend check-ins with ICE. 

Ten-year-old twin sisters Paola and Elizabeth Guerra pack their suitcases in their bedroom.
Ten-year-old twin sisters Paola and Eli pack their suitcases in their bedroom on June 3, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

As of last month, Ruano had attended 19 in-person check-ins with ICE over her 14 years in the United States, in addition to logging dozens of virtual check-ins and, for a time, submitting to 24-hour monitoring. 

Ruano appeared for her last check-in at the end of May, holding a much-awaited “receipt number” from the U.S. Citizenship and Immigration Services agency showing that her visa application for victims of human trafficking was being processed. Before Trump, such an application would have likely paused deportation proceedings. Instead, Ruano was told she was expected to depart the country within days and given instructions for how to confirm she had arrived in El Salvador through ICE’s monitoring app. Failure to do so could lead to her immediate detention. 


Ruano and her daughters, Eli and Paola, 10, boarded a United Airlines flight scheduled to leave Milwaukee’s Mitchell International Airport on June 17 at 11:35 a.m. local time. The girls’ first time on an airplane was with a one-way ticket out of their first and only home. 

Ruano, who by the time of her departure had captured the attention of many people in Milwaukee and elsewhere in the country, spoke to news cameras and a group of supporters in the hall of the airport. She pleaded for a fix to the nation’s immigration system for herself and millions of immigrants in a similar situation.

“For the good of the United States, given this ongoing chaos, our political parties need to have serious conversations about our immigration system — and stop treating it like political soccer,” Ruano said. 

As Ruano started to speak, she was interrupted by an automated message from the mayor that rang over the intercom, reminding travelers that in Milwaukee, “there’s so many opportunities to live, work and have fun.” 

Ruano continued, thanking her school community and her broader community in Milwaukee for their support. 

“To my immigrant community, I want to say that we cannot live in fear. We need to keep working for our children’s futures. … Our love and our togetherness is what will get us through.” 

Ruano exchanged hugs with many of the people gathered: relatives, colleagues, supporters. Then, she joined her daughters to go through airport security. 

Elizabeth Guerra hugs family members at Milwaukee Mitchell International Airport before leaving for El Salvador.
Eli hugs a family member at Milwaukee Mitchell International Airport before leaving for El Salvador on June 17, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Hours before their scheduled flight, Ruano said that the girls were experiencing a convoluted mix of emotions. They vacillated between afraid and sad, and somewhat excited, “as if they were going on vacation.” Ruano chalked it up to their age and the fact that the flight coincided with the end of the school year and the start of summer.

At the terminal, Ruano sat between her two daughters, chatting and sending messages to loved ones until it was time to board. 


The family’s departure bore a hole in the community they had built in Milwaukee.

Miguel Guerra embraces his 10-year-old twin daughters before they leave with their mother as she self-deports back to El Salvador.
Miguel embraces his 10-year-old twin daughters before they leave with their mother to El Salvador on June 17, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

With most of their relatives in El Salvador, Miguel, Yessenia and their twin girls came to lean on his sister and her family, who in turn, leaned on them. They would trade rides to school, handiwork around their homes when something broke and child care — all of the normal beats of extended families. 

“We were there for each other for anything the other needed, a tool, a favor,” Miguel said. “It was just the two of us.”

Days before Ruano and the girls boarded their flight, the family got together for what was supposed to be a 10th birthday celebration for the twins. It was the last occasion they got to mark together, and with Ruano’s departure imminent, the focus shifted in part to goodbyes. 

Miguel said he and his sister will continue to lean on each other during his final days in the United States. Her close circle of support will be permanently altered once he leaves.

Arriving home from the airport without his family to an empty house, Miguel said, was one of the hardest moments of his life. 

“It’s an ugly feeling. I’ve never been alone without them,” Miguel said. 

A mug sits on a shelf with a photo of Yessenia Ruano, her husband and daughters at their civil ceremony.
A mug sits on a shelf with a photo of Yessenia Ruano, her husband and their daughters at their civil ceremony on April 3, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Before he joins them later in the summer, Miguel is packing up boxes to ship to El Salvador. Each box costs $450 to ship. Some boxes hold his tools. Others hold extra clothes and shoes for his daughters, along with some of their toys and trinkets. Miguel is packing pots, pans and other kitchen items for Ruano, “so she can feel like she has her things, like she’s home.”

The first box to be packed and ready is covered in a criss-cross of duct tape. “One of three boxes holding 14 years of dreams and hard work,” Miguel said. “Sometimes I think this was all just a nice dream that now we have to wake up from, but it’s not fair, not for my girls.” 


Sarah Weintraub, a special education teacher at ALBA School poses for a portrait outside the school.
Sarah Weintraub, a special education teacher at ALBA School, poses for a portrait outside the school on June 27, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

The heart of Ruano’s support was her school community at ALBA School, a bilingual public school in Milwaukee known in Spanish as Academia de Lenguaje y Bellas Artes. Sarah Weintraub, a middle school teacher at ALBA, said she became invested in Ruano’s plight, and in the lead-up to Ruano’s February appointment with ICE, began rallying community support from organizations like the local teachers’ union.

Weintraub and Ruano had worked together over the years and connected over the looming threats and challenges facing immigrants in the United States. Weintraub said she has loved ones in a similar situation. Weintraub’s daughter also attends ALBA and bonded with Ruano even though she was never her student. 

Weintraub described ALBA as “a very tight-knit school.” Ruano’s absence will be sorely felt. 

“Many of us have our own kids at the school. I have my kids there. Her kids are there. So, much of the staff is just very close in general,” Weintraub said. “My daughter loves her so much and has never been in any of her classes, just knows her from the school and the cafeteria.”

Weintraub said Ruano’s absence is a significant loss for the school as a workplace. 

“Right now, it’s summer break, so we’re not in our usual routine. But I know already, just thinking about going back and her not being there will be — her absence will be very felt.”

Ruano, she said, was the type of colleague who “jumps in right away” when there’s a need, and “you don’t just find the energy every day.” The school district, like the rest of the country, is struggling with a shortage of teachers — especially bilingual educators. “I don’t even know if her position will be filled right away,” Weintraub said. 

The playground outside of ALBA School.
The playground outside of ALBA School is seen on June 27, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Voces de la Frontera, an immigrant advocacy group, worked closely with Ruano and her colleagues at ALBA to elevate Ruano’s story as they worked to avert her deportation. Through events, news releases and outreach to elected officials, her story reached many people who didn’t know her, but saw themselves in her situation.

For Milwaukee’s immigrant community, Ruano’s departure brought home the reality of life under the new administration, said Christine Neumann-Ortiz, co-founder and executive director of Voces de la Frontera. “It definitely highlights that we’re in a new time,” she said, adding that there’s a “cruelty” and “senselessness” to the way the administration is handling immigration enforcement. 

Christine Neumann-Ortiz stands for a portrait.
Christine Neumann-Ortiz, founding executive director of Voces de la Frontera, stands for a portrait outside the Voces office on June 27, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

For the members of Voces de la Frontera, Neumann-Ortiz said, “there’s a feeling of sadness because it’s not what people want, or fought for.” During a meeting following Ruano’s departure, many members said they wanted to find ways to stay in touch with immigrants who are removed and deported, including Ruano. 

Ruano also left behind her church community at Nuestra Señora de la Paz, where she was an active member of the prayer group and a mentor for a group of children preparing for their First Communion. 

Blanca Cisneros, 70, said Ruano was a constant presence at the church’s community activities, always willing to volunteer when help was needed. “She’s really special: She’s both really humble and really strong,” Cisneros said. “Her situation just breaks my heart. It will be a big loss for our group because she has a strong desire to serve.”


On a recent Monday, Ruano woke up early to help her sister prepare grains of corn for milling, setting a large pot over a wood fire on the patio that was still glowing red hours later. In a video call from a rural community in Comasagua, El Salvador, where they’re living, Ruano said her family is slowly adjusting to their new life. 

Ruano and her daughters were reunited with her mom, a grandmother whom the girls had only met through video calls. They’re also spending time with aunts, uncles and cousins; Ruano’s sister lives next door, and they take turns cooking for the entire family. There are no playgrounds or parks nearby, and shopping options are very limited. But recently, Ruano took the girls on a hike near the vast mountain range she grew up calling home. They picked guavas right from tree branches, a highlight of the last few weeks for the girls, and, Ruano said, “a lesson in living more with Mother Nature and less with things that are artificial.” 

In many ways, the adjustment has been hard for all of them. 

Ruano says she feels blessed to have been able to purchase a small, modest home for her mother last year, a home with a bright blue door that they now all share. But the roof leaks when it rains — which is nearly every day — so at night, Ruano and her girls move their bed from one end of their room to another to avoid the largest drips. They have to walk across the yard at night to use the nearest bathroom, which Ruano says no one has gotten used to. 

“They got here happy, telling me they were relieved I wouldn’t be sad anymore and that we were all together,” Ruano said. “But after a few days, seeing how life is — it’s nothing like Milwaukee — they started to cry. And that breaks my heart.” 

As for Ruano, a huge weight was lifted off her shoulders as soon as she boarded their plane out of Milwaukee, having shed the worry of being detained by ICE. 

“I traded one burden for another,” she said. 

The outside of Nuestra Señora de la Paz Catholic Church, where Yessenia Ruano and her family were devoted members.
The outside of Nuestra Señora de la Paz Catholic Church, where Yessenia Ruano and her family were devoted members. (Jamie Kelter Davis for The 19th)

Now, she and Miguel have some difficult decisions to make: where to send the girls to school, how to find gainful work. “I’ve already felt that feeling again that I felt when I was young, the feeling of wanting to flee,” Ruano added.

In a video recorded shortly after taking off in Milwaukee, one of Ruano’s daughters says in the background, “Las casas parecen casas de muñecas” — the houses look just like doll houses — while the camera points to the city’s skyline. 

“Adiós, Milwaukee,” Ruano then says, popping into the frame. “Es mi segunda casa, donde vine a madurar, donde vine a aprender más, a realizar mis sueños económicos y familiares.”

Goodbye, Milwaukee. This is my second home, where I came to mature, to learn, to realize my dreams financially and for my family.

This story was originally reported by Mel Leonor Barclay of The 19th. Meet Mel and read more of her reporting on gender, politics and policy.

Photos and additional reporting from Milwaukee by Jamie Kelter Davis.

‘Adiós, Milwaukee’: A family uprooted, a hole left behind is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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