A section of the U.S.-Mexico border wall near El Paso, Texas, on June 6, 2024. (Photo by Ariana Figueroa/States Newsroom)

WASHINGTON — Senate Majority Leader John Thune, joined at the U.S.-Mexico border Friday by a handful of other Republican senators, highlighted the president’s signature tax cuts and spending package passed last year that provided billions for immigration enforcement.

The press conference in McAllen, Texas, came after a federal immigration officer shot and killed a woman in Minneapolis on Wednesday, and two people were shot by Border Patrol agents late Thursday in Portland, Oregon.

Thune, a South Dakota Republican, touted how the tax cuts and spending package signed into law last summer also provided “for additional reinforcements,” such as the hiring of more Border Patrol and U.S. Immigration and Customs Enforcement agents. 

On Jan. 3, ICE announced it hired 12,000 new officers, more than doubling its force from 10,000 agents to 22,000. Thousands more are set to be hired.

The GOP-passed bill also included $4.1 billion for Customs and Border Protection to hire 5,000 customs officers and 3,000 Border Patrol agents over the next four years.

Thune said because migration at the southern border has slowed, the time has come for President Donald Trump to shift his focus to immigration reform. CBP data from November, the most recent available, shows total apprehensions at the southwest border slowed to 7,350 that month.

“I think President Trump is probably the president best equipped to lead the effort to reform immigration law in his country in a way that it creates, again, those better paying jobs, opportunities for people who come to the country legally,” Thune said. “We are a nation of immigrants, but we’re also a nation of laws, and we have to make sure we’re enforcing our laws, and that’s where it starts.”

The Trump administration has continued with its aggressive mass deportation efforts throughout the interior of the country and has moved to revoke the legal status of more than 1.5 million immigrants since taking office last January. 

Thune added that the GOP bill, known as the One Big Beautiful Bill, also provided billions for border security.

“As a result of the passage of the One Big, Beautiful bill … we got more resources down here, not only for physical infrastructure, for the wall, but for also that virtual infrastructure, for technology and counter drone technology, all those sorts of things that make it possible for the Border Patrol to do their job,” he said.

Thune was joined by Whip John Barrasso of Wyoming and Sens. John Cornyn of Texas, Ashley Moody of Florida, Jon Husted of Ohio, Mike Rounds of South Dakota and Pete Ricketts of Nebraska.

Rounds said that under the Trump administration the southern border has undergone “a remarkable transformation.” 

“There is no such thing as a country that can be a superpower, or, for that matter, be free if they can’t defend their own borders,” Rounds said. 

Cornyn also highlighted how the bill will reimburse, up to $13.5 billion, those border states who have spent money on immigration enforcement. He said of that money, Texas will get $11 billion. 

Kilmar Abrego Garcia stands outside U.S. District Court in Greenbelt with his wife, Jennifer Vasquez Sura, left, and Lydia Walther-Rodriguez with CASA, after a federal judge ruled earlier this month he was allowed to remain free. (File photo by William J. Ford/Maryland Matters)

A federal judge in Tennessee is ordering federal prosecutors to turn over some documents to lawyers for Kilmar Abrego Garcia as they try to show his indictment on human smuggling charges was the product of vindictive prosecution.

U.S. District Judge Waverly Crenshaw’s nine-page ruling — issued under seal Dec. 3, but unsealed at noon Tuesday in U.S. District Court in Nashville — said a “subset” of more than 3,000 government documents he reviewed appear to undercut the government’s defense against vindictive prosecution.

“Specifically, the government’s documents may contradict its prior representations that the decision to prosecute was made locally and that there were no outside influences,” Crenshaw wrote.

The order is a partial victory for Abrego Garcia, the Salvadoran native who lives in Maryland, where he was stopped by immigration agents in March and deported to a notorious prison in El Salvador. His removal came without due process and despite an earlier court order that prohibited  immigration officials from deporting Abrego Garcia to his home country, for fear of violence.

A series of court battles ended with the U.S. Supreme Court in April ordering Abrego Garcia be returned to the United States. He was finally brought back to the U.S. in June, where he faced new charges of human smuggling, stemming from a 2022 traffic stop in Tennessee where he was let go without a citation.

Abrego Garcia argues that the smuggling charge was concocted years after the fact to punish him for embarrassing the administration in court, and should be thrown out.

The charges of “conspiracy to unlawfully transport illegal aliens for financial gain” and “unlawful transportation of illegal aliens for financial gain” are tied to a 2022 traffic stop in Putnam County, Tennessee, where he was pulled over for speeding. There were nine passengers in the back of his car.

Abrego Garcia was not arrested. No ticket was issued.

But three years later, as he was winning his case to be returned to the U.S., federal prosecutors were revisiting that traffic stop. A Homeland Security agent told a federal judge earlier this year that he was told on April 28 of this year to investigate the traffic stop.

Abrego Garcia pleaded not guilty to the charges, that his attorneys have claimed were filed as retaliation against their client. They claim senior officials in the Justice Department pushed for the indictment, citing television interviews where Deputy Attorney General Todd Blanche said the investigation began after “a judge in Maryland … questioned” the government and accused it of “doing something wrong,” according to Crenshaw’s order.

The government denies involvement by higher-ups, saying the decision to prosecute Abrego Garcia was made solely by Robert McGuire, the U.S. Attorney for the Middle District of Tennessee.

Crenshaw’s order includes a timeline of events. In it are several communications between McGuire and D.C.-based U.S. Associate Deputy Attorney General Aakash Singh that began on April 27, one day before a federal agent was assigned to investigate the 2022 traffic stop.

In an April 30 exchange, Singh writes that Abrego’s case is “a top priority.” McGuire writes “we want the high command looped in.”

In a May 15 email, McGuire writes about the pending indictment.

“Ultimately, I would hope to have ODAG [Office of the Deputy Attorney General] eyes on it as we move towards a decision about whether this matter is going to ultimately be charged,” he wrote, according to Crenshaw’s order.

McGuire adds: “While ultimately, the office’s decision to charge will land on me. I think it makes sense to get the benefit of all of your brains and talent in this process and as we consider this case. I have not received specific direction from ODAG other than I have heard anecdotally that the DAG and PDAG would like Garcia charged sooner rather than later.”

Singh is updated about the indictment over the next week, according to Crenshaw’s timeline.

“These documents show that McGuire did not act alone and to the extent McGuire had input on the decision to prosecute, he shared it with Singh and others,” Crenshaw wrote.

Abrego’s attorneys successfully made a case before Crenshaw that prosecutors had acted vindictively. They sought the release of documents through discovery. Federal prosecutors balked and withheld those documents, citing privilege.

Crenshaw, in his now-unsealed order, said allowing the privilege assertion to trump due process protections would undermine rulings by other federal courts.

“The Court recognizes the government’s assertion of privileges, but Abrego’s due process right to a non-vindictive prosecution outweighs the blanket evidentiary privileges asserted by the government,” Crenshaw wrote. “If the work product, attorney-client, and deliberative process privileges asserted by the government precluded all discovery in the context of a vindictiveness motion, defendants would never be able to answer the question ‘what motivated the government’s prosecution?'”

There were 105 immigration arrests in October at a horse racetrack in Wilder, Idaho. Idaho saw one of the country’s largest increases in immigration arrests this year through mid-October compared with the same period in the Biden administration. (Photo courtesy of ACLU of Idaho)

Immigration arrests under the Trump administration continued to increase through mid-October, reaching rates of more than 30,000 a month. But, rather than the convicted criminals the administration has said it’s focused on, an ever-larger share of those arrests were for solely immigration violations.

In 45 states, immigration arrests more than doubled compared with the same period last year, during the Biden administration. The largest increases: There were 1,190 arrests in the District of Columbia compared with just seven last year under the Biden administration. Arrests were also more than five times higher in New Mexico, Idaho, Oregon and Virginia.

“The result stands in contrast to the administration’s objective of arresting the ‘worst of the worst,’” said Ariel Ruiz Soto, a senior policy analyst at the nonpartisan Migration Policy Institute. Heightened enforcement is likely increasing “collateral” arrests of people found during searches for convicted criminals, he said.

Comparisons between the Trump and Biden administrations were calculated by Stateline in an analysis of data released by the Deportation Data Project, a research initiative by the universities of California at Berkeley and Los Angeles. About 93% of arrests could be identified by state.

While more people were arrested this year, a lower percentage are convicted criminals.

The share of arrested immigrants who had been convicted of violent crimes has dropped from 9% in January to less than 5% in October. The share under Biden was consistently between 10% and 11% during the same period in 2024.

The same trend applies to people arrested solely on immigration violations: Immigration violations alone were behind 20% in April, then rose to 44% of arrests in October, according to Stateline’s analysis.

In some states and the District of Columbia, a majority of arrests were for immigration violations alone: the District of Columbia (80%), New York (61%), Virginia (57%), Illinois (53%), West Virginia (51%) and Maryland (50%).

States with high immigrant populations also saw the most arrests this year. The largest numeric increases were in Texas (up 29,403, triple last year’s figure), Florida (up 14,693, a fourfold increase) and California (up 13,345, a fourfold increase).

The two states with the largest arrest rate increases have responded very differently to President Donald Trump’s deportation mission.

“We’re going to resist like all of the Democratic states,” New Mexico Democratic Gov. Michelle Lujan Grisham said in an interview with The Santa Fe New Mexican after last year’s election, referring to mass deportation plans. She proposed legislation to ban U.S. Immigration and Customs Enforcement detention facilities in the state. The legislation failed this year, but Lujan Grisham urged the state legislature to reconsider next year. The state has three privately run ICE detention centers with the capacity for 2,000 people.

Idaho’s Republican governor, Brad Little, is helping ICE under a 287(g) agreement by transporting what his office calls “highly dangerous illegal alien criminals” from county jails to federal custody. The 53 men pictured on the governor’s website have charges ranging from drug possession to sexual assault.

In a news release, the office says the program is intended to take people “after the completion of their sentences,” though an October review by the Idaho Capital Sun found some were transported despite dismissed or still-pending charges.

Nationally, arrests have increased this year from around 17,000 in February, the first full month of President Donald Trump’s current term, to more than 30,000 in September and October. The share of convicted criminals has dropped from 46% to 30%, though the number of convicted criminals arrested still has been higher each month than under President Joe Biden.

Some of the policies that have fed increased arrest numbers face new court battles. This month, a federal judge blocked the administration from making immigration arrests in the District of Columbia without warrants or probable cause.

In August, a federal court blocked the administration’s expansion of expedited removal, which itself allows fast deportations without judicial review. The administration has appealed, arguing that immigrants who have been in the country for less than two years without legal authorization are not guaranteed due process.

Such fast deportations could be used on 2.5 million people, according to a Migration Policy Institute estimate published in September, including 1 million people released at the border with Mexico with court dates and 1.5 million people with temporary protections such as humanitarian parole.

This fall, the share of arrested immigrants with criminal convictions continued to decrease just before and during the federal government shutdown, with only 3% of those arrested and detained having convictions between Sept. 21 and Nov. 16, according to national information analyzed by Transactional Records Access Clearinghouse (TRAC), a data research organization at Syracuse University.

“While ICE is detaining more and more individuals, targeting has shifted sharply to individuals without any criminal convictions,” the TRAC report noted.

Editor’s note: This story has been updated to clarify a reference to October detention statistics analyzed by Transactional Records Access Clearinghouse.

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

Kilmar Abrego Garcia speaks before dozens of supporters Friday outside the U.S. Immigration and Customs Enforcement office in Baltimore. (Photo by William J. Ford/Maryland Matters)

Kilmar Abrego Garcia is a free man, at least temporarily.

Abrego Garcia, a Salvadoran immigrant and Maryland resident, appeared early Friday for a check-in at the U.S. Immigration and Customs Enforcement field office in Baltimore, less than day after a federal district judge ordered him released from ICE detention in Pennsylvania.

At his last ICE check-in, in August, Abrego Garcia walked in but didn’t walk out: Authorities detained him and held him until Thursday. But Friday, Abrego Garcia walked out of the building to cheers and chants, led by members of the immigrant rights group CASA to a black car that took him to rejoin his family in Prince George’s County.

Before Abrego-Garcia walked inside the building Friday, he thanked his supporters who rallied there, talked about spending the holidays with his family and offered advice for others suffering similar legal battles against the Trump administration.

“I stand before you as a free man, and I want you to remember me this way with my head held up high,” Abrego Garica said in Spanish, through a CASA translator.

“I stand here today with my head held up high, and I will continue to fight and stand firm against all of the injustices this government has done upon me,” Abrego Garcia said. “Regardless of this administration, I believe this is a country of laws, and I believe that this injustice will come to its end. Keep fighting. Do not give up. I wish all of you love and justice. Keep going.”

One of his attorneys, Simon Y. Sandoval-Moshenberg, told reporters and a few dozen protesters outside the field office that the federal judge who ordered Abrego Garcia freed Thursday said Friday that he could not be detained by ICE at his latest check-in.

Based on a temporary restraining order filed by his attorneys, Sandoval-Moshenberg said the judge will schedule a hearing at U.S. District Court in Greenbelt that Abrego Garcia will be able to attend.

“The legal fight is far from over,” Sandoval-Moshenberg said. “I wish I could say that with this, the government is going to leave well enough alone. This man has suffered enough.”

Department of Homeland Security spokesperson Tricia McLaughlin called the judge’s decision to let Abrego Garcia free “naked judicial activism.”

“This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts,” McLaughlin said in an email Friday morning that repeated her statement from the day before.

Abrego Garcia’s return to the Baltimore ICE office came one day after U.S. District Court of Maryland Judge Paul Xinis ordered the Trump administration to release him from the Moshannon Valley Processing Center in Pennsylvania, where he had been held since September. He was released Thursday evening and spent the night at his home in Beltsville.

Since he was first detained by immigration officials in March and wrongly deported to his home county of El Salvador, Abrego Garcia’s case has shone a spotlight on the Trump administration’s aggressive immigration crackdown.

Abrego Garcia was originally deported to a brutal prison in El Salvador, despite a previous court ruling that prohibited his transfer there because of fear of violence by Salvadoran gangs.

Months later — and months after the U.S. Supreme Court’s April order that the Trump administration “facilitate” Abrego Garcia’s return –he was brought back to the U.S. on June 6, only to face charges of human smuggling in Tennessee. The judge in that case eventually ordered Abrego Garcia released to home detention while his claim of vindictive prosecution in the Tennessee case proceeded.

Xinis, who got involved in the case when Abrego Garcia was first deported, issued a ruling Thurday that was highly critical of the administration’s actions in the case. She found that Abrego Garcia’s latest detention, since his August ICE check-in, was “again without lawful authority,” because the Trump administration has been holding him for deportation but has not made an effort to remove him to a third country.

The government’s “conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer,” Xinis wrote in her opinion.

Costa Rica has agreed to accept Abrego Garcia as a refugee, but Justice Department lawyers could not give Xinis a clear explanation of why the Trump administration would not send him there. Instead, the administration has proposed deporting Abrego Garcia to several countries in Africa.

Back in Baltimore on Friday morning, dozens of supporters braved the cold to hold up signs, chant and then clap and cheer when Abrego Garcia walked back outside the ICE building a free man, chanting “todos somos Kilmar,” or “we are all Kilmar.”

“It’s definitely a good day, but it is a good day to know that he’ll be able to spend the holidays with his family, “said Baltimore City Councilmember Odette Ramos, who attended the rally.

“He and his family have been so brave to go through all of this and to have their story really symbolize, frankly, what so many others are going through,” she said. “The fight’s not over.”

Maryland Matters is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maryland Matters maintains editorial independence. Contact Editor Steve Crane for questions: editor@marylandmatters.org.

The front entrance of the E. Barrett Prettyman U.S. Courthouse in Washington, D.C., which houses the U.S. Court of Appeals for the D.C. Circuit. (Jennifer Shutt/States Newsroom)

WASHINGTON — The Trump administration Tuesday defended the merits of its fast-track deportation policy before a panel of judges in the U.S. Court of Appeals for the D.C. Circuit, saying immigrants who have been in the country for less than two years without legal authorization are not guaranteed due process.

The suit, brought by immigration rights advocacy groups, challenges the Department of Homeland Security’s expanded expedited removal rule’s application to immigrants in the interior of the United States who cannot prove they have remained in the country for more than two years. 

The expanded policy, which allows the removal of immigrants without an appearance before an immigration judge, is a pillar of the Trump administration’s mass deportation campaign. 

Arguing on behalf of the Trump administration, Drew Ensign from the U.S. Department of Justice said that immigrants cannot rely on due process rights granted in the Constitution because those rights are reserved for U.S. citizens. Congress and Supreme Court precedents restrict immigrants’ rights to due process, he said.

Additionally, Ensign argued that because Congress authorized the DHS secretary to use expedited removal, the courts have no jurisdiction on the matter. 

Anand Balakrishnan, legal counsel for Make the Road New York, the immigrant rights advocacy group that brought the challenge, said the policy skirts a fair legal process for immigrants.

Democratic state attorneys general also submitted a brief in support of the immigrant rights groups, arguing that the expanded use of expedited removal is unconstitutional. Those states include California, Arizona, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont and Washington state. 

Policy expanded to interior

For decades, expedited removal has been used to apply to migrants apprehended at the U.S. border and quickly deported without appearing before an immigration judge. In January, the Trump administration expanded its scope to the interior of the country and applied it to any immigrant apprehended who cannot prove they have remained in the country for more than two years. 

An appeals court in late November declined the Trump administration’s request to pause a district court’s block of the policy while the appeal was pending. 

Tuesday’s hearing was part of the Trump administration’s appeal on the merits of its policy before a different appeals panel, Judges Justin R. Walker, Neomi Rao and Robert L. Wilkins. President Donald Trump nominated Walker and Rao and former President Barack Obama nominated Wilkins.

The panel appeared skeptical of the administration’s argument that due process rights do not apply to immigrants who entered the U.S. without legal authorization.

Duty to notify

The judges seemed split, though, about if the government should be expected to explain the expedited removal statute to a person it is attempting to remove and what that person’s rights are to challenge their removal, or if the person should have to ask for their own due process rights. 

“Even if we accept your portrayal of how the due process works, … under that framing, there still has to be adequate notice (of removal),” Wilkins said to Ensign. 

Ensign argued that immigrants subject to expedited removal have sufficient notice they are being removed and can’t rely on the due process clause of the Constitution’s Fifth Amendment to challenge it. The executive branch has the authority to decide how to apply the clause to immigrants, he said.

Wilkins pushed back on that argument, saying notices must meet minimum standards. 

“The notice (of removal) has to be sufficient,” he said to Ensign. “(It) has to inform you of at least what the procedures are or what you’re facing.”

Balakrishnan said a mere notice of removal is “inadequate.” An immigrant subject to expedited removal can be deported within hours and without having time to challenge their removal or even speak to an attorney, he said.

Walker seemed skeptical that the burden of notifying an immigrant that they were subject to the policy fell to the government. 

“For someone who has chosen to be here illegally, in violation of our laws….from a due process perspective it’s not too much to ask that if someone here illegally wants the special non-expedited removal procedures that Congress has graciously afforded them, it’s not too much to ask that they ask for them,” he said. 

Balakrishnan argued that wouldn’t be sufficient due process.

“I think it’s common sense that having even that bare amount of information, ‘if you’ve been here for over two years you’re not subject to expedited removal’ would certainly decrease the risk of error,” Balakrishnan said. “I’m not sure how it would be overly burdensome for the government to do that.” 

Construction on a new city hall in Raleigh, N.C., was at a standstill Nov. 18 as word of immigration raids kept away most workers. Industries with large immigrant workforces, such as construction, are asking for federal relief as they combat labor shortages and raids. (Photo by Clayton Henkel/NC Newsline)

As food prices remain high, the Trump administration has made it easier for farmers to hire foreign guest workers and to pay them less. Now, other industries with large immigrant workforces also are asking for relief as they combat labor shortages and raids.

Visas for temporary foreign workers are a quick fix with bipartisan support in Congress. And Agriculture Secretary Brooke Rollins’ office told Stateline that “streamlining” visas for both agricultural and other jobs is a priority for the Trump administration.

But some experts warn that such visas can be harmful if they postpone immigration overhauls that would give immigrant workers a path to green cards and citizenship.

“Lack of permanent status is costly to migrants, employers, and the broader economy,” wrote Pia Orrenius, a labor economist at the Federal Reserve Bank of Dallas, in a report published in June. Workers are “vulnerable to policy changes triggered by a change in administration, most recently the threat of mass deportations.”

In a Nov. 25 interview with Stateline, Orrenius said the crackdown on illegal immigration could be a good thing if it leads to permanent solutions.

“If you can stop undocumented immigration, then great. This is a great time to work on comprehensive immigration reform,” Orrenius said. “Where is there a scarcity of workers and how do we address those legally instead of illegally?”

Restaurants, construction and landscaping businesses have lost a combined 315,000 immigrant workers through August this year, more than any other industries, according to a Stateline analysis of Current Population Survey data provided by the University of Minnesota at ipums.org.

The construction industry needs more foreign worker visas like those already being provided for agriculture to prevent more delays in building everything from homes to highways, business owners say.

The industry needs help to “provide lawful workers while working to prepare more Americans for permanent careers in construction,” said Jaime Andress, testifying at a congressional hearing last month on behalf of the Associated General Contractors of America trade group. About 92% of contractors with open positions are having trouble finding enough skilled labor, whether it’s for construction of buildings, highways or utility infrastructure, she testified.

There are about 145,000 fewer immigrants working in restaurants, on average, through August of this year compared with the same period in 2024, the Stateline analysis found. There are about 127,000 fewer in construction and 43,000 fewer in landscaping.

One landscaping firm, which did not agree to an interview, lost $50,000 in contracts this year when workers stopped showing up because of rumored immigration raids, said Rebecca Shi, chief executive officer of the Chicago-based American Business Immigration Coalition, which advocates for employers seeking immigration changes.

“He had 75 workers and 50 of them didn’t show up one day because there were rumors ICE was going to be in the area,” Shi said. “Many of them were citizens and legal workers, but they were worried about family members and neighbors, so they didn’t show up either. It’s bad for the economy when you lose a worker, but it’s also the fear and uncertainty. We know restaurants that have lost 50% of staff and are at risk of closing because people just aren’t showing up.”

The coalition organized a “fly-in” in October to Washington, D.C., to ask members of Congress for more help to legalize immigrant workers through work permits in hospitality, agriculture, construction, elder care, health care and manufacturing.

In a letter dated Dec. 2, thousands of businesses in all 50 states asked the administration for an additional 64,716 H-2B visas, saying they rely on them for seasonal surges in hospitality, tourism, landscaping, forestry, seafood production and other industries.

And a bipartisan group of 33 U.S. senators from 22 states signed a letter Nov. 13 by Maine Independent Sen. Angus King and South Dakota Republican Sen. Mike Rounds asking for more H-2B seasonal employment visas.

“Employers’ workforce needs cannot be met with American workers alone,” the letter said.

Construction contractors say they need visas that are similar to the H-2A visas for agriculture that the Trump administration streamlined in October to make them easier and cheaper for farmers to hire temporary foreign workers.

The Associated General Contractors of America wants visas like the proposed new H-2C visas floated by Pennsylvania Republican U.S. Rep. Lloyd Smucker. Those would allow up to 85,000 less-skilled temporary workers in construction, hospitality and other fields to stay in this country up to nine years. The bill, introduced in September, has not advanced.

The association also supports a pathway to legal status for some workers already in the country, as proposed by Florida Republican U.S. Rep. María Elvira Salazar and Texas Democratic U.S. Rep. Veronica Escobar. The bill, introduced in July, also has not advanced.

“Workforce shortages are the leading cause of construction project delays,” said Brian Turmail, a vice president at the association. “Nearly 1 out of 3 contractors have been impacted in one way or another by enhanced ICE enforcement activities. That number is almost certain to increase now that ICE has received significant boosts to its budget as part of the One Big Beautiful Bill Act.”

Those industries are asking for more help as the latest federal immigration raids further affect workforces in Illinois, Maryland and North Carolina, with more raids planned in Louisiana. Transactional Records Access Clearinghouse, a data research organization at Syracuse University, reported a “massive redeployment of government military and civilian personnel to immigration enforcement” in recent months, with total detentions reaching more than 65,000, according to a Nov. 24 report. Nearly three-quarters of those arrested have no criminal convictions.

Construction, landscaping and other industries are already heavy users of H-2B visas for temporary non-agricultural foreign workers, according to government figures reviewed by Stateline.

In fiscal year 2025, which ended in September, there were about 209,000 H-2B visas, with Texas (20,051), Florida (18,515), North Carolina (8,634), Colorado (7,723) and Louisiana (7,234) getting the most. The most common occupations were building and grounds (94,152); food service (31,403); construction (16,729); farming, fishing and forestry (15,665); and personal care (12,170).

Some of the largest users of the visas last year were Core Tech Construction of New York City, a concrete coring and cutting firm (2,619 visas); ABC Professional Tree Services of Texas, which provides land clearance services (1,913); and Progressive Solutions LLC of Arkansas, which provides herbicide application to utilities (1,882).

The H-2B visa program needs to be streamlined and expanded to be useful for employers and workers, said David Bier, director of immigration studies at the libertarian CATO Institute, who has written about the visas.

Employers don’t always get the workers they want because the United States limits H-2B visas to 33,000 twice a year. Requests for the visas have already surpassed the 33,000 cap for the first half of fiscal 2026.

“The paperwork is a nightmare for employers and there are a lot of steps for workers also,” said Bier. “And there are so few visas available that your chance of getting all you need is almost nil.”

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

Federal agents, including members of the Department of Homeland Security, the Border Patrol, and police, attempt to keep protesters back outside a downtown U.S. Immigration and Customs Enforcement facility on Oct. 4, 2025 in Portland, Oregon. (Photo by Spencer Platt/Getty Images)

Members of the U.S. House Homeland Security Committee decried violence against law enforcement, but seemed to make little headway in identifying how to address the issue during a Wednesday hearing that often saw each party harshly blame the other.

Chairman Andrew Garbarino of New York, at his first hearing since taking over as for the retired Mark Green of Tennessee, sought to strike an even tone in an opening statement, condemning violence against police while noting that officers have a responsibility to maintain the public’s trust.

“Law enforcement personnel are public servants, not public figures. They stepped forward to safeguard our nation and uphold the laws enacted by this body,” Garbarino said. “But that alone does not absolve them from facing any form of accountability. Public trust and public safety go hand in hand.” 

Other members of the panel, though, were less even-handed, with Democrats strongly criticizing some tactics used by federal law enforcement officers under President Donald Trump and Republicans denouncing such criticism as fueling violence against police.

Several members of the panel, of both parties, acknowledged the two West Virginia National Guard members shot in a Nov. 26 alleged ambush in Washington, D.C.

Police witnesses denounce Nazi comparisons

Witnesses from three police organizations, the Fraternal Order of Police, the National Sheriffs’ Association and the Federal Law Enforcement Officers Association, largely agreed that heightened rhetoric about law enforcement activity was a danger to their members.

“The rhetoric coming from the top, calling officers Nazis and Gestapo, it better stop right now,” Jonathan Thompson, the executive director of the National Sheriffs’ Association, said. 

“You are inflaming dangerous circumstances. You’re attacking people that wake up every single day and do one thing: they put on their uniforms, they put on their star and… enforce the laws of this country.”

Daniel Hodges, a D.C. Metropolitan Police officer who responded to the Jan. 6, 2021, attack and who Democrats invited to testify to the panel as a private citizen Wednesday, said protocol of federal officers under Trump invited the comparison.

“There is a semi-secret police force abducting people based on the color of their skin and sending many of them via state-sponsored human trafficking to extraterritorial concentration camps,” he said. 

“Before we go around the room clutching our pearls, wondering how people could possibly compare law enforcement in this country to the Gestapo, maybe we should take a moment and ask ourselves if there isn’t some recent behavior on the government’s part that could encourage such juxtaposition,” Hodges said.

Patrick Yoes, the national president of the Fraternal Order of Police, said violence against officers was a nonpartisan issue.

“My members are both Democrat and Republican,” he said. “And we’re all having the same problem.”

ICE under microscope

Several Democrats said the tactics used by officers of Immigration and Customs Enforcement and its parent agency, the Department of Homeland Security, undermined their law enforcement mission and endangered them, while Republicans blamed that rhetoric for making police targets.

New York Democrat Daniel Goldman, a former federal prosecutor, objected to Thompson’s testimony that police officers “put on their uniforms.”

“The problem is that’s not the case,” Goldman said. “They don’t put on a uniform, they don’t wear identification, and they go out with masks on to — violently in many cases — arrest unsuspecting immigrants, non-violent, many of whom are actually here legally.”

Goldman said as a federal prosecutor he worked with DHS officers “who represented the very, very best of our country.” But under Trump, the department’s behavior had grown irresponsible, he said.

Illinois Democrat Delia Ramirez went further, calling DHS “the single biggest threat to public safety right now.”

“They use anonymity to terrorize our communities and to violate our rights,” she said. “They reject accountability. They disregard court orders and they violate consent decrees. Bottom line: DHS agents lie. They act with impunity. They reject checks and balances, and they ignore Congress and the courts.”

GOP defends DHS

Republicans on the panel deflected blame from DHS and drew a direct line from the rhetoric of some Democrats opposed to ICE’s tactics to physical attacks on law enforcement.

Tennessee Republican Andy Ogles said Ramirez’s comment “pisses me off” and characterized DHS agents as carrying out the rule of law.

“This is about the rhetoric against law enforcement, violence against law enforcement,” Ogles said. “This isn’t about ICE. This isn’t about deportations, or the (Homeland Security) secretary doing her job, securing the border and deporting those who are here illegally.”

Rep. Eli Crane, an Arizona Republican, played a video showing Rep LaMonica McIver, a New Jersey Democrat who also sits on the panel, confronting ICE agents at a detention facility in her district.

“What do you think it means to people that are out there watching and listening, watching social media, watching the news, and they see a member of Congress who sits on this committee go out there and behave like that?” Crane asked the witnesses.

Thompson answered he was “appalled.”

“Quite honestly, I find it reprehensible, and it’s obviously dangerous,” he said.

McIver said she had been doing her job to provide oversight.

Jan. 6 pardons at issue

Democrats also cited Trump’s pardons of people convicted of crimes as part of the Jan. 6, 2021, attack on the U.S. Capitol as condoning violence against law enforcement.

McIver suggested committee Republicans were hypocritical in condemning some anti-police rhetoric while staying silent or praising Trump’s decision to pardon Jan.6 rioters.

“It is not Democrats who are praising, let alone pardoning, people who stormed this very Capitol complex to beat police officers and hunt down elected officials,” she said.

A makeshift memorial of flowers and American flags honoring the late West Virginia National Guard member Sarah Beckstrom stands outside the Farragut West Metro station on Dec. 1, 2025 in Washington, D.C.  (Photo by Heather Diehl/Getty Images)

WASHINGTON — President Donald Trump has accelerated his drive to curb legal immigration, after a native of Afghanistan who had been granted asylum was accused in a shooting in the nation’s capital that left one member of the West Virginia National Guard dead and another in critical condition.

“In the wake of last week’s atrocity, it is more important than ever to finish carrying out the president’s mass deportation operation,” White House press secretary Karoline Leavitt said during Monday’s press briefing. “They must go back to their home countries.”

The Trump administration at the beginning of the president’s second term launched an unprecedented crackdown on all forms of immigration. The deadly shooting on the eve of the Thanksgiving holiday, in a commercial area of the District of Columbia just blocks from the White House, has intensified the push.

The Department of Homeland Security in a social media post after the Wednesday attack called for immigrants to “remigrate,” which is a far-right concept in Europe that calls for the ethnic removal of non-white minority populations through mass migration.

“There is more work to be done,” Leavitt said, “because President Trump believes that he has a sacred obligation to reverse the calamity of mass unchecked migration into our country.”

The suspect in the guard shooting is a 29-year-old Afghan national who entered the country during the Biden administration through a special immigrant visa program for Afghan allies after the chaotic U.S. withdrawal from the country in 2021. 

Authorities identified him as Rahmanullah Lakanwal, who worked for a CIA counterterrorism operation in Afghanistan, according to the New York Times. He was granted asylum under the Trump administration earlier this year.

The U.S. Attorney’s Office for the District of Columbia plans to charge Lakanwal with first-degree murder after one of the National Guard soldiers, U.S. Army Spc. Sarah Beckstrom, 20, died as a result of her injuries. 

Still hospitalized is U.S. Air Force Staff Sgt. Andrew Wolfe, 24. Trump has indicated he intends to honor both Beckstrom and Wolfe at the White House.

District officials said the shooting of guard members was “targeted,” but the motive remains under investigation. 

Pauses on asylum

Leavitt said the Trump administration will continue “to limit migration, both illegal and legal,” after the shooting.

Separately on Wednesday, the administration ended Temporary Protected Status for more than 330,000 nationals from Haiti, opening them up for deportations by February. 

Within hours of Wednesday’s shooting, U.S. Citizenship and Immigration Services halted all immigration requests from Afghanistan nationals. On Thursday, USCIS head Joseph Edlow announced that by direction of Trump the agency would reexamine every green card application from “every country of concern,” which are the 19 countries on the president’s travel ban list.  

And by Friday, Secretary of State Marco Rubio directed all U.S. embassies to suspend all visa approvals for individuals with passports from Afghanistan. 

Over the weekend, Trump told reporters that those pauses on asylum could last “a long time,” although it’s unclear what authority the executive branch has to suspend a law created by Congress through the 1980 Refugee Act. 

This is not the first time Trump has tried to end asylum this year, as there is a legal challenge to the president barring asylum seekers from making asylum claims at U.S. ports of entry.

Venezuelan boat strikes

During Monday’s press conference, Leavitt also defended the Trump administration’s continued deadly strikes on boats off the coast of Venezuela allegedly containing drugs. The attacks have been occurring since September. 

The president and Defense Secretary Pete Hegseth have stated, without evidence, that the boats’ operators are narco-terrorists and that the strikes are legal, since they have taken place in international waters. Roughly 80 people have been killed in nearly two dozen attacks since September. 

Leavitt disputed any questions of wrongdoing by the administration during a Sept. 2 strike, when two survivors clinging to boat wreckage were allegedly killed by a follow-on strike, as first reported by The Washington Post Friday.

“President Trump and Secretary Hegseth have made it clear that presidentially designated narco-terrorist groups are subject to lethal targeting in accordance with the laws of war,” Leavitt said, adding that Hegseth authorized a military commander to conduct the operation.

However, the attacks have raised concern among members of Congress, and following the Post story, the U.S. Senate and House Armed Services committees moved to open bipartisan inquiries into the military strikes, with a focus on the alleged follow-on attack that killed two survivors. 

How the National Guard wound up in the district

Trump initially mobilized 800 National Guard troops to the nation’s capital in August after claiming a “crime emergency” in the district, despite a documented three-decade low in crime.

Many were instructed they would be carrying service weapons, The Wall Street Journal reported on Aug. 17. The White House effort was accompanied by a heightened U.S. Immigration and Customs Enforcement presence in the district.

The mobilization then became tied up in court for months.

A federal district judge in the District of Columbia found the administration’s deployment of more than 2,000 guard troops in the city illegal but stayed her Nov. 20 decision for three weeks to give the administration time to appeal and remove the guard members from the district’s streets.

The guard troops had been expected to remain in the district through the end of February.

The administration filed an emergency motion in the U.S. Court of Appeals for the District of Columbia for a stay to be issued on the order by Thursday. The administration filed the emergency motion the same day as the attack on the two National Guard members.

Trump ordered an additional 500 guard members to the district following the shooting.

The Joint Task Force District of Columbia has been overseeing guard operations in the district, including units from the district, Alabama, Georgia, Louisiana, Mississippi, Ohio, South Carolina, South Dakota, Tennessee and West Virginia.

A small memorial of flowers and an American flag outside the Farragut West Metro station in Washington, D.C., near where two members of the West Virginia National Guard were shot on Nov. 26. (Photo by Andrew Leyden/Getty Images)

The United States Attorney’s Office for the District of Columbia announced Friday it has charged the man who allegedly shot two National Guard members earlier this week with first-degree murder after one of the soldiers died as a result of her injuries. 

Other charges include three counts of possession of a firearm during a crime of violence and two counts of assault with intent to kill while armed. 

The attack shocked the country and has led to a renewed discussion about immigration policy as well as the war in Afghanistan and how the country withdrew during the Biden administration. 

President Donald Trump announced late Thursday night he intends to “permanently pause migration from all Third World Countries,” though he didn’t specify which countries would be included or exactly how such an order would be implemented. 

Trump wrote on social media he plans to “remove anyone who is not a net asset to the United States, or is incapable of loving our Country, end all Federal benefits and subsidies to noncitizens of our Country, denaturalize migrants who undermine domestic tranquility, and deport any Foreign National who is a public charge, security risk, or non-compatible with Western Civilization.”

The post came just hours after U.S. Army Spc. Sarah Beckstrom, 20, died from injuries she sustained during a Wednesday shooting a couple of blocks from the White House. The other victim, U.S. Air Force Staff Sgt. Andrew Wolfe, 24, remained hospitalized in critical condition. Both were West Virginia National Guard members.

The alleged shooter, Rahmanullah Lakanwal, 29, an Afghan national who worked with United States forces, entered the country on Sept. 8, 2021, as part of Operation Allies Welcome, according to a statement from Department of Homeland Security Secretary Kristi Noem.

No details of immigration proposals

The White House press office declined to say Friday which countries would have their residents barred from entering the United States under the new order, referring back to the president’s social media posts, which did not include a list.

“Only REVERSE MIGRATION can fully cure this situation,” Trump wrote. “Other than that, HAPPY THANKSGIVING TO ALL, except those that hate, steal, murder, and destroy everything that America stands for — You won’t be here for long!”

Homeland Security Assistant Secretary Tricia McLaughlin said in a Thursday afternoon statement the administration would pause immigration applications for Afghan nationals.

“Effective immediately, processing of all immigration requests relating to Afghan nationals is stopped indefinitely pending further review of security and vetting protocols,” she wrote. 

The Trump administration will also review “all asylum cases approved under the Biden Administration,” McLaughlin said, saying those cases required more vetting. 

Biden Afghanistan policy blamed

In a separate post, Trump blamed former President Joe Biden for allowing the alleged shooter into the country. 

McLaughlin echoed that sentiment.

Lakanwal “was paroled in by the Biden Administration. After that, Biden signed into law that parole program, and then entered into the 2023 Ahmed Court Settlement, which bound (U.S. Citizenship and Immigration Services) to adjudicate his asylum claim on an expedited basis. Regardless if his asylum was granted or not, this monster would not have been removed because of his parole.” 

The U.S. withdrawal from Afghanistan in 2021, following two decades of war that began as a result of the 9/11 terrorist attacks, has been widely criticized.

Many of the Afghan nationals who aided the United States and allied countries were left behind as the Taliban quickly regained control. 

The nonprofit #AfghanEvac, formed in August 2021 to help resettle Afghan refugees, criticized the administration’s proposal to indefinitely halt the processing of immigration requests from Afghans.  

“Our allies are under attack today because of the actions of one deranged man. Those actions should not be ascribed to an entire community,” the organization posted on social media late Thursday.

In a lengthier statement issued Wednesday following the shooting of two National Guard members, the organization’s president, Shawn VanDiver, said #AfghanEvac “expects and fully supports the perpetrator facing full accountability and prosecution under the law.”

VanDiver continued: “AfghanEvac rejects any attempt to leverage this tragedy as a political ploy to isolate or harm Afghans who have resettled in the United States.”

Motive unknown

Lakanwal had been residing in Washington state and drove across the country before the shooting, according to Jeanine Pirro, U.S. attorney for the District of Columbia.

Officials investigating the shooting have yet to release a possible motive.

Lakanwal was granted asylum in the U.S. in April, according to reporting by many media outlets, including NPR.

The Department of Homeland Security did not confirm for States Newsroom the date Lakanwal was granted asylum.

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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.

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. 

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.

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.

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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.

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• 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. 

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.

‘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.

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. 

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. 

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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. 

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. 

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

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. 

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.” 

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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. 

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. 

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.”

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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. 

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.