WASHINGTON —  Temporary protected status for 170,000 Salvadorans is set to expire at midnight Wednesday, but the Department of Homeland Security said protections will remain in place until the Trump administration makes a decision to extend or terminate El Salvador’s designation, in place since 2001.

“An announcement on El Salvador’s TPS will be made at the appropriate time,” a DHS spokesperson said in an email to States Newsroom. “Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection.”

Based on the temporary protected status statute, if a determination to extend or terminate a country’s protections is not made by the government by the expiration of the deadline, then TPS is automatically extended for six months.

If the Trump administration does make a determination to end protections, then Salvadorans will have 60 days to leave the United States.

Homeland Security Secretary Markwayne Mullin has not indicated his plans for El Salvador’s temporary legal protections. Additionally, there is no notice in Wednesday’s Federal Register or a preview of Thursday’s edition regarding TPS for El Salvador. 

On Tuesday, White House border czar Tom Homan said the decision would be up to Mullin, but added that El Salvador is now much safer than when its previous designation was made in 2001. 

If TPS is terminated for nationals for El Salvador, they will be the latest large group of immigrants to lose their legal status in the country as President Donald Trump has sought to dismantle the program Congress created for people who hail from countries deemed too dangerous for return. 

The Supreme Court has accelerated that move. The court’s conservative majority this summer determined that the TPS statute does not allow decisions on country designations, terminations and extensions to be subject to judicial review. 

Before the start of the second Trump administration, 17 countries had TPS, totaling to about 1.3 million immigrants with legal status. 

Now, if TPS for El Salvador ends, only three countries will remain: Lebanon, Sudan and Ukraine. 

TPS is granted to nationals who hail from a country experiencing a natural disaster, violence, or other extreme circumstances, allowing them to remain in the U.S. and obtain work permits that last for six-to-18-month cycles. 

Each renewal process requires a TPS holder to go through a background check and pay hundreds of dollars in fees as well as undergo other vetting.  

If TPS ends for El Salvador, it could stymie the country’s economy, where more than a quarter of its gross domestic product relies on money sent back to the country from Salvadorans in the U.S., known as remittances. 

El Salvador’s president, Nayib Bukele, also has a close relationship with the Trump administration, ranging from accepting deportees that are not Salvadoran into his country to visiting the president at the White House.

In 2019, Bukele asked the first Trump administration to extend TPS protections, not because El Salvador was unsafe, but because the end of designation would break apart families in the U.S. 

Bukele has not made any recent public calls for the Trump administration to continue TPS for Salvadorans. 

WASHINGTON — For years, Jose Palma has advocated for immigrants with Temporary Protected Status who hail from countries deemed too unstable for return.

But as the Trump administration has stripped those humanitarian protections for nearly a million people, the Salvadoran national is uncertain if his own legal status will remain in place next week. 

“I’m going day by day,” Palma, who lives in Texas, told States Newsroom in an interview. 

Within two years under the Trump administration, the bipartisan humanitarian Temporary Protected Status program created by Congress in 1990 and signed into law by former Republican President George H.W. Bush has been nearly obliterated.

Palma first obtained TPS in 2001, along with roughly 170,000 recipients from El Salvador, due to several earthquakes that displaced more than one-sixth of the population and left thousands dead. The United States renewed protections over the years, citing continued displacement and ongoing violence.

But the TPS designation for El Salvador is set to expire Sept. 9, and the Department of Homeland Security has made no indication if protections will be renewed. 

Under DHS policy, an announcement typically is made 60 days in advance of the date of a TPS expiration if a renewal is planned. 

Democratic Rep. Jim McGovern of Massachusetts, who helped write the statute for TPS when he was a congressional staffer, said he’s asked Homeland Security Secretary Markwayne Mullin to renew protections for El Salvador.

“I still haven’t received a response back,” McGovern said during a Thursday press conference at the U.S. Capitol. He was joined by Nebraska GOP Rep. Don Bacon, who said many Salvadoran TPS recipients work and live in his Omaha district. 

DHS did not respond to States Newsroom’s request for comment. 

The Trump administration’s position on the program is that it’s “temporary,” and that country conditions have improved, despite warnings from the State Department to not travel to some of those countries where TPS designation has ended, such as Haiti.

If TPS for El Salvador ends, only 103,000 out of initially 1.3 million recipients from around the globe will have protections: 150 from Lebanon, 1,790 from Sudan and 101,150 from Ukraine.

Supreme Court decision

TPS is granted to nationals who hail from a country experiencing a natural disaster, violence, or other extreme circumstances, allowing them to remain in the U.S. and obtain work permits. 

Some protections can last through six-to-18-month cycles, and each renewal process requires a TPS holder to go through a background check and other vetting.  

Before the second Trump administration, 17 countries were in the program. Only four, including El Salvador, remain as the White House has forged ahead aggressively on its mass deportation campaign. 

The Supreme Court made the move easier after it ruled this summer that decisions from the executive branch to end TPS were not subject to judicial review. The order meant that lower courts that initially blocked the Trump administration from ending the designations had to reverse their decisions.

Now recipients face the end of TPS with just 60 days’ notice.

“It’s one of those things that is kind of cruel, to have families who are stable and have been stable for decades, to have people who have been doing everything the government asked them to do for 25 years, and suddenly, if the decision is to end TPS, provided only 60 days protection before forcing people to go back to a country they haven’t been for decades,” Palma said. 

One of the first countries after TPS was written into law to receive the designation was El Salvador. 

Stripping TPS from Salvadorans would not only harm the U.S. economy, but it would also negatively impact El Salvador’s fragile economy, advocates predict. More than one quarter of El Salvador’s Gross Domestic Product comes from family members sending money back to relatives in their country of origin, known as remittances. 

“El Salvador’s economy has been built thanks to all the remittances,” said Ana María Méndez-Dardón, the director for Central America at the Washington Office on Latin America, or WOLA.  “So if people are returning, that would have a huge impact because the economy depends on the money that people from El Salvador living in the U.S. send to El Salvador.”

The spending also has an impact in the United States. Salvadoran TPS recipients contribute $5.4 billion to the U.S. economy and pay $1.5 billion in federal, state and local taxes, according to the immigration advocacy research group FWD.us. 

About 152,000 TPS recipients from El Salvador are in the workforce, mainly in construction, manufacturing, building and transportation.

Attempts in Congress

TPS does not create a pathway to citizenship and a recipient can only apply for it when the country receives its designation. 

Some TPS recipients can apply for asylum if they qualify, or others could apply to adjust their status to that of a lawful permanent resident, or green-card holder, through a family-based or employer-based petition. 

Congress has made some effort to extend TPS for some recipients. Earlier this year, the House passed a bill to extend TPS for up to 350,000 Haitians on a bipartisan basis, but it’s stalled in the upper chamber. 

Maryland Democratic Sen. Chris Van Hollen attempted to advance a bill in the Senate to create a legal pathway to citizenship for immigrants with TPS, but was blocked by Missouri Republican Sen. Eric Schmitt. 

McGovern said Thursday that there is a bipartisan push to extend protections for TPS recipients. Proof of that was Bacon’s presence at the press conference.

“What good is it to force out folks who’ve been here legally, who are working, who are part of our community?” Bacon said. “It does no one any good.”

Human rights in El Salvador

Many Salvadorian TPS recipients are worried about being forced back to El Salvador, where human rights groups have raised concerns about the authoritarian government of President Nayib Bukele, said WOLA’s Méndez-Dardón.

WOLA is a research and advocacy group that aims to advance human rights in North and South America. It has documented how Bukele’s political party has suspended due process rights and has carried out a mass incarceration of suspected gang members in an effort to reduce crime and murders. 

More than 90,000 Salvadorans have been jailed without due process and hundreds have died in prisons and altogether disappeared, human rights groups have reported.

“So for Salvadorians who might be returned, the risk no longer are the criminal groups or the gangs because many of them fled the country because of the security situation,” Méndez-Dardón said. “But although the gangs are no longer the threat, now the threat is the state.” 

Bukele has met with President Donald Trump several times at the White House and has a years-long working relationship with Secretary of State Marco Rubio, who last year granted El Salvador the highest possible safety rating for travel, a level 1. 

In 2024, the State Department gave El Salvador a level 3 advisory, warning people to reconsider travel because of security and safety concerns.

The Trump administration also last year made a deal with the Salvadoran government to pay up to $6 million to detain hundreds of Venezuelans at a brutal mega-prison. In the high-profile case of Kilmar Abrego Garcia, the Maryland Salvadoran who was mistakenly deported to the mega prison, lawyers documented mental and physical torture he experienced while there. 

“People are basically under a constant fear of being detained by the security forces,” Méndez-Dardón said. 

U.S. citizen children

Palma, who also attended the press conference, said he, along with other Salvadoran TPS recipients, are concerned about El Salvador’s government.

“So crime has gone down, but now abuses to human rights have increased,” he said. “That is concerning, because it’s also the government is becoming more aggressive against opposition, public media.”

Palma questioned if El Salvador would have the infrastructure to accept as many as 200,000 Salvadorans, made up of the TPS recipients and their families. Many have U.S. citizen children. 

Palma, who has four U.S. citizen children, said two of his kids are still in primary school. One is 11 and another is 8 years old. 

“This is their country,” he said of his four children. “They are from here. But if I were to lose the TPS protection and I were to be forced to go back to El Salvador, it’s not just affecting me. It’s affecting the whole family. That’s kind of like the situation that so many people across the country are going through right now.”

Supporting her mom

There are roughly 150,000 U.S. citizen children who have a parent who is a Salvadoran TPS recipient, according to the National TPS alliance. 

Cristel Argueta is one of those children. At 20 years old, she’s a college student at Fairleigh Dickinson University in New Jersey. But on Thursday, she missed four classes relating to her criminology and criminal justice degree to travel to the nation’s capital and advocate for an extension to TPS for El Salvador. 

“I’m missing class to be here, but it’s worth it because it’s for my family,” she said.

Her mother, a TPS holder from El Salvador, came to the U.S. when she was 19, fleeing the civil war that lasted from 1979 until 1992. Her mother was able to get TPS in 2001.

“She has been in this country longer than she has been in El Salvador,” Argueta said. “TPS was started by Salvadorans, and I don’t want to lose my mother.” 

She’s hoping her mother’s TPS is extended until at least Argueta’s 21st birthday, when Argueta will be able to become a sponsor and apply to change her mother’s status to that of a lawful permanent resident. 

“No one should be going through this at any age,” she said. “Seeing the difference in my peers at school who are 20 years old, waiting to turn 21, to get that first legal drink or go party, but I want to turn 21 just to give my mom a legal status. A permanent legal status.”

A federal judge in Maryland Wednesday blocked President Donald Trump’s second attempt to redefine birthright citizenship. 

In a preliminary injunction, U.S. District Judge Deborah Boardman barred the Trump administration from carrying out the president’s executive order that would deny citizenship to babies born in the United States to parents deemed part of a designated terrorist organization or to parents who purposefully came to the U.S. to gain citizenship in what critics call “birth tourism.” 

The executive order also aimed to deny citizenship to children born to foreign diplomatic staff and children born in U.S. territories where Congress has not passed a law granting citizenship, which is only American Samoa.

In her order, Boardman said this summer’s Supreme Court ruling affirmed the country’s long understanding that babies born on U.S. soil were guaranteed American citizenship. 

“The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth,” she wrote, referring to the earlier case. “This Court must, once again, preliminarily enjoin enforcement of the President’s most recent attempt to strip the right to citizenship from them.”

The White House did not immediately respond to States Newsroom’s request for comment. 

In Minnesota, an elementary schooler has gone without surgery to treat a rare, life-threatening neck infection that isn’t responding to antibiotics.

Another young child can’t use their hearing aids because the family ran out of batteries and hasn’t come to get replacements.

Yet another child’s cochlear implant surgery was delayed by several months. 

These patients’ families, all immigrants, have been afraid of showing up to the hospital after immigration officers flooded their communities in recent months, said their doctor, pediatric otolaryngologist Asitha Jayawardena, a head and neck surgeon at Children’s Minnesota. 

Clinicians like Jayawardena say immigration arrests and detentions are taking a particularly acute toll on children’s health as families isolate at home. He’s seen some cases — such as the child with the neck infection — worsen because fearful parents aren’t coming in. 

“Without a doubt, it oscillates between being infuriating and absolutely disheartening,” Jayawardena said about the chilling effect. 

As the Trump administration’s immigration enforcement leads to sweeping arrests, healthcare workers say those actions have hit children hard — including children who are U.S. citizens and those in families without arrests.

Many healthcare providers report that since January 2025, they’ve seen a surge in missed pediatric appointments, delayed preventive care, and sick or injured kids going without treatment. Immigration and Customs Enforcement arrests have continued to climb — with a record 51,000 arrests in July — and experts predict continued unhealthy outcomes among children, causing collateral damage that could extend for years. 

Healthcare workers told Stateline that in addition to the physical healthcare fallout, they’ve also seen a significant increase in depression, anxiety and post-trauma symptoms among their pediatric patients. 

Delayed healthcare has critical consequences for young kids. For example, hearing loss, such as that experienced by Jayawardena’s patients, can hinder crucial development including speech, language and social skills. Along with missing health milestones and getting needed healthcare, kids are grappling with the long-term trauma of losing a parent.

“Community-wide trauma that is being inflicted is having a really important impact on families and children in particular. There are children that are losing their guardians. There are families that are losing their breadwinners,” said Amy Liebman, chief program officer of the Migrant Clinicians Network, a nationwide organization of healthcare workers serving migrant families.

“That certainly is going to ultimately impact their health and then their ability to access care,” she said.

The Trump administration also has introduced rules that allow federal agencies to take into account a family’s use of public benefits when reviewing applications for lawful immigration status. Dr. Gabriela Maradiaga Panayotti, a pediatrician in Durham, North Carolina, pointed to studies showing that such policies lead to a decrease in healthcare use, including among U.S. citizen children.

One of her patients, a U.S. citizen on Medicaid, had stopped a medication for ADHD that had helped him achieve better grades at school. His parents feared being targeted through Medicaid paperwork, so they didn’t refill his prescription. The child’s grades began to drop again.

“They didn’t want to be labeled as utilizing resources,” Maradiaga Panayotti said. “I hurt for him, especially because he’s at this tender preteen age where self-confidence and performance at school can really either build on and set a good foundation for success in high school, or can drop.”

Millions of children

Researchers at the Brookings Institution, a public policy research nonprofit, estimate that since Jan. 20 of last year, the day President Donald Trump was sworn in, and through early April of this year, over 146,000 U.S. citizen children have had a parent detained.

But many more are living with that fear. 

The Pew Research Center estimates 4.6 million U.S.-born children lived with an unauthorized immigrant parent in 2023, and roughly 2.5 million children could face the detention of both household parents, according to a Brookings analysis. 

But the trend cuts across immigration status — including those born to refugees, DACA recipients, asylees and people with temporary protected status. Across the nation, about a fourth of children are born to immigrant families, according to the Migrant Policy Institute.  

Increased ICE activity has included arrests at hospitals, and the agency has also made unprecedented efforts to obtain private health data, including Medicaid patient records, to extract addresses and immigration statuses — another major source of fear for families.

Jayawardena and his colleagues published a study in the American Academy of Pediatrics medical journal in August measuring whether pediatric outpatient care visits were disrupted during and after the large-scale immigration raids of Operation Metro Surge in Minneapolis, when the Trump administration deployed 3,000 agents, heavily targeting Somali and South Asian communities. 

The research team found that the rate of missed appointments among Hispanic or Latino children increased by over 50% during Metro Surge compared to the same time period — the first week of December to second week of February — in the prior two years.

Missed appointments increased by 80% among Spanish-speaking families and 53% among families needing language interpretation services. 

“The barrier is not necessarily lack of access, but more the fear and the isolation, and so the enforcement is having this chilling effect on immigrant families who, even though they may need these critical services, may be avoiding the hospital, the counseling, the victim services, and other essential care,” said Jasiel Fernandez, vice president of psychosocial supports at the global pro bono nonprofit KIND, or Kids in Need of Defense. “We see that happening over and over.”

The Migrant Clinicians Network, along with Physicians For Human Rights, surveyed nearly 700 healthcare workers across 30 states between March and August of last year, amid spikes in immigration activity. Most of the surveyed professionals — 84% — reported significant or moderate drops in pediatric patient visits since Trump’s January 2025 executive orders on immigration.

Kids also were spending less time outdoors, which affects overall health, and saw delayed diagnoses of their conditions. About 27% of clinicians said patients feared enrolling in benefits for their children, and couldn’t afford doctor visits. Preventive care, such as vaccinations, as well as chronic disease management and mental health care were the most affected, healthcare workers reported. 

And in both the survey and through interviews with Stateline, clinicians have reported seeing kids show up to emergency departments alone.

In Missouri, one pediatric emergency medicine physician, who spoke with Stateline on the condition of anonymity because he feared retaliation against his hospital, recalled an 11-year-old child who had been attacked by a dog, his legs riddled in bites. He came to the hospital with only his teenage sister.  

“He told us that (his parents) were scared to come in because ICE might be at the hospital,” the physician recalled. 

Others aren’t showing up to care at all. “Kids like these are so vulnerable that they kind of could fall through the cracks,” he added. “We see the downstream effects of policy changes, and we try to address all these needs. But when kids are coming in, they’re super sick.” 

Missed care, advanced illness

Some clinicians told Stateline that by the time some children reach their clinics, their health conditions have advanced to a more difficult stage. 

One North Carolina pediatrician has seen kids with asthma miss inhaler prescriptions, leading to more asthma attacks. In another case, a large family of refugee children came in covered in splotchy, itchy rashes — scabies. The family had been sharing two bedrooms. Afraid, they had postponed care for four weeks. 

“All of these children, totally ridden throughout their bodies, and it’s so uncomfortable. You can’t sleep because it’s horribly itchy,” said the pediatrician, who spoke to Stateline on the condition of anonymity, fearing retaliation since her clinic receives federal funding. 

“We’re creating tremendous problems for our community that will probably come back to bite us, because now these kids are going around with untreated medical conditions that are only going to get worse,” she said. “It’s a time when they need even more support than before, and our administration just isn’t really allowing that.”

She and others said they’re also noticing worsening depression among their patients.

“They’re spiraling out, and they’re not getting any support because they can’t come in and get care,” said the North Carolina pediatrician. She recalled one teenager telling her that they couldn’t sleep at night. “ ‘I’m sobbing and crying, terrified that my parents will be taken away,’ ” she recalled the teen telling her.

Elsewhere, one of KIND’s clients in California, a preteen sexual assault victim, has gone weeks without mental health care.

“The child’s sponsor, who is undocumented, is very afraid to take the young person to mental health appointments or any other kind of follow-up service,” Fernandez said. “Choosing basically to forgo that for the time being.”

In Texas, which has the most immigrant detainees of any state, a 14-year-old’s primary caregiver was detained. The teen has been suffering suicidal ideation.

“That young person is unable to access services,” Fernandez said. “Even if we think that a teenager has a certain level of agency to do certain things, when the caregiver is removed abruptly … the sponsor is not able to support, is not able to meet significant needs and monitoring for that young person.”

Fernandez said KIND has been offering Uber and Lyft rides to field offices because clients are afraid to drive to appointments to receive healthcare.

In southeast Florida’s Indian River County, Heather Miranda is CEO of Treasure Coast Community Health, which runs multiple clinics serving nearby communities of agricultural workers. Clinic staff in the northern area of the county, where Miranda said most immigration enforcement activity has been concentrated, told her they’ve seen a significant decrease of kids coming in — nearly 500 pediatric no-shows since February, 16% of all appointments. 

“They’ve seen kids not coming in for sick visits,” Miranda said. “Not coming in for their well-child or their vaccines. … It’s just been, overall, a decrease in preventative care, which is really, really important.”

Back in Minneapolis, Jayawardena said that even months after Operation Metro Surge, fear among his patient families remains “a persistent problem.”

“I want to help take care of these children, and the families want to get taken care of, as does my entire hospital system — and we cannot get them just physically into the hospital for things that are necessary,” he said.

“It’s just very disheartening knowing that there’s something I can do, but I am prohibited from doing it because families don’t feel safe.”

Stateline reporter Nada Hassanein can be reached at nhassanein@stateline.org.

WASHINGTON — Fentanyl seizures decreased by 39% during the first year of the second Trump administration after U.S. Immigration and Customs Enforcement shifted the Department of Homeland Security’s criminal investigations arm to conducting immigration enforcement, according to a report government investigators published Friday. 

Agents with Homeland Security Investigations, a subagency of DHS’s Immigration and Customs Enforcement, reported an “all hands-on deck” environment toward immigration enforcement began in January 2025, according to the DHS Office of Inspector General report.

“With ICE dedicating more staff hours to immigration investigations, staffing hours for fentanyl investigations declined,” the report said.

The report found that the hours dedicated to fentanyl investigations for fiscal 2025 declined by more than 250,000 hours, or 31%, compared to fiscal 2024.

“At the same time, immigration enforcement saw the largest increase across all investigative categories, rising more than 1.7 million hours (over 800 percent),” according to the report.

Inspectors interviewed more than 100 agents from 11 HSI field offices for the report.

At one HSI office, approximately 99% of work was dedicated to immigration, leaving almost no capacity for fentanyl investigations, the watchdog found. A drug investigation team of seven agents was reduced to about three and the rest of the personnel was reassigned to work on immigration cases, according to the report.  

Fentanyl is a highly addictive synthetic opioid that is the main driver of overdose deaths in the United States. HSI plays a key role in countering fentanyl smuggling in the U.S. by targeting routes, laboratories and collaborating with law enforcement to investigate smuggling operations.    

ICE agrees

The inspector general recommended that HSI review staffing levels “to ensure an appropriate level of coverage commensurate with the relative priority of fentanyl investigations.”

Inspector general reports are presented to the affected agency for comment ahead of publication. ICE agreed with the recommendations in the DHS OIG report.

“Homeland Security Investigations will review staffing levels, and determine and implement next steps, as needed, to ensure an appropriate level of coverage commensurate with the relative priority of fentanyl investigations,” ICE’s comments in the report read.

ICE estimated that recommendation would be completed by June 2027.

The report also found that the technology HSI agents and analysts used had limitations during fentanyl investigations and their missions were “hindered by delays in agents obtaining funds to purchase information and evidence (i.e., drugs) during an investigation; a lack of independent authority to investigate fentanyl-related offenses; and low, inconsistent referral of fentanyl cases from U.S. Customs and Border Protection to HSI.”

WASHINGTON — President Donald Trump has not slowed his pursuit of central policy goals and personal passions, even after major setbacks at the U.S. Supreme Court and other federal courts.

The high court in its 2026 term delivered blows to Trump’s core campaign promises to upend a constitutional provision governing who becomes a U.S. citizen at birth and to swiftly address the growing national debt with “trillions of dollars” raised by taxing imports. 

The justices also ruled the president cannot fire, without cause, Fed Board Gov. Lisa Cook and deny her a chance to plead her case. And a lower court blocked Trump from installing his name on the John F. Kennedy Center for the Performing Arts.

But even after the Supreme Court ruled against him, Trump is forging ahead and using what some legal observers describe as “creative lawyering” to find alternative routes to push his agenda, even as public support fades.

He ordered new blanket tariffs in late July on at least 60 trading partners. He signed a new round of birthright citizenship orders Aug. 6. Reports also revealed that Cook received a letter Aug. 5 from administration officials that Trump is again “considering” firing her.

The moves test the power dynamic between the executive and judicial branches, but are not illegal or even unconventional in modern times, experts said.

“They look at it and they say, ‘We want to advance a particular policy agenda. Here’s the whole array of legal arguments that we might be able to use that give us authority,’’’ said Scott Anderson, senior fellow at the centrist Brookings Institution and senior counsel and editor of the publication Lawfare.

Trump is not alone in this pursuit. After all, President Joe Biden found another route to student loan debt relief after a loss at the Supreme Court. A federal appeals court effectively axed the Biden-era relief program in March.

“It does happen, and (administrations) will sometimes run the risk of legal reversal, but it’s a rarer move,” Anderson said. “For this administration, it’s become the standard move.”

‘Spirit of the law’

While Anderson said Trump’s responses to the rulings are “not surprising” given the legal strategy of his second term, one could argue the “legal brinksmanship … often clearly runs contrary to some of the spirit of the law, and it capitalizes on a lot of institutional inefficiencies.” 

Thomas Berry, a legal scholar with the libertarian Cato Institute, said while Trump has often used rhetoric to “delegitimize the court,” his recent actions are not out of legal bounds.

“What he’s doing is distinct from outright disobedience or ignoring a Supreme Court’s decision, and it’s important to stress that that line has not been crossed,” said Berry, who directs the institute’s Robert A. Levy Center for Constitutional Studies.

A White House spokesperson said the administration has “always followed court orders.”

“The Supreme Court’s ruling on the Cook case required notice and an opportunity for a hearing in considering whether the President should take certain adverse employment actions. The President’s notice sent to Fed. Governor Cook offers exactly that within the precise structure enunciated by the Court,” said Lauren Bis in a brief written response from the White House.

A Department of Justice spokesperson, who did not provide a name, wrote in a statement, “Investigative and prosecutorial decisions are made based on the law and the facts. To date, DOJ has prevailed in 24 emergency applications before the Supreme Court, winning over 80 percent, an unprecedented win rate that speaks for itself, and has also won dozens of merits cases at the Court.”

The spokesperson highlighted the department’s Supreme Court win in June that allows the administration to follow through with plans to deport between about 350,000 Haitians and 6,000 Syrians who were living in the U.S. under Temporary Protected Status.

Birthright citizenship

On the final day of its 2026 term, the Supreme Court rejected Trump’s sweeping attempt to deny citizenship to children born to parents who either do not have legal status or hold temporary legal visas. 

Chief Justice John Roberts led the 6-3 opinion on June 30, writing that children born in the U.S. to parents who are unlawfully or temporarily present “are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause.”

Today’s exceptions for those who are not subject to U.S. jurisdiction include foreign diplomats and their families, members of invading armies and in most cases foreign public ships passing in nearby waters.

On Aug. 6, Trump signed two executive orders again aimed at curtailing birthright citizenship. The first targets children born to the staff working for foreign diplomats; to children born in American Samoa, where Congress has yet to pass a citizenship law; and to the children born to parents who belong to what the U.S. defines as a “Foreign Terrorist Organization.”  

“So what Trump is trying to do with these executive orders is he’s trying to say, ‘OK fine, those are the categories you’ve given us. We’re going to try to push those to the maximal extent possible,’” Berry said.

“And he interprets them broadly,” Berry continued. “Do people have diplomatic immunity or not? That’s kind of a factual question. Literally the ambassador and the ambassador’s spouse, they get diplomatic immunity. But does everyone from the foreign country working in the embassy similarly get immunity from U.S. law? That wasn’t my impression.”

Trump is also seeking to limit birthright citizenship by taking what Berry described as a “maximalist view” of what an invading army is.

“It’s not obvious that that analogy extends to people who are part of designated terrorist groups because they’re not literally rampaging and pillaging,” he said. “This is more people who are living here but have been, you know, labeled as part of a group that’s at odds with the United States.”  

Anderson said the administration “clearly is intending to just take advantage of every hint and every limitation the Supreme Court decision left open.”

The American Civil Liberties Union on Aug. 12 began the process of asking the federal judiciary to reaffirm the Supreme Court ruling. 

Tariffs

Trump’s trade policy provides another example of the administration finding a new legal reasoning after the Supreme Court struck down the initial basis for a major administration goal.

In the midst of refunding roughly $166 billion to businesses that paid taxes on imports under Trump’s emergency tariffs, the president has hopscotched across multiple trade statutes to continually impose at least 10% duties on most global goods since his Supreme Court loss in February.

In a 6-3 opinion, the high court struck down Trump’s unprecedented claim of tariff authority under the 1977 International Emergency Economic Powers Act. Congress retained tariff authority in most circumstances, Roberts wrote for the majority, and Trump could not use the statute to impose duties after declaring emergencies on trade imbalances and illegal drug smuggling.

Trump lost the case to a handful of small business owners and Democratic state officials. Tariffs are taxes paid by the importers, meaning American businesses were shouldering the additional costs.

Trump immediately turned to another statute, Section 122 of the Trade Act of 1974, which authorizes the president to unilaterally set up to 10% in tariffs for 150 days. 

The order set off another round of legal challenges, including from Democratic-led states, in the U.S. Court of International Trade.

Less than a month after the Supreme Court loss, the U.S. Office of the Trade Representative also opened broad trade investigations under Section 301 of the 1974 law into the practices of nearly all U.S. trading partners.

As the clock ran out on Trump’s 10% blanket tariff under Section 122 on July 24, U.S. Trade Representative Jamieson Greer announced his office had found forced labor practices by roughly 60 of America’s trading partners, including Canada, the European Union, Japan, Mexico, South Korea, Taiwan and the United Kingdom, among dozens more. The findings triggered a 10% to 12.5% duty on most goods from those countries.

Days earlier, Trump announced he would use a Depression-era provision that had never been enforced — Section 338 of the Tariff Act of 1930 — to slap a 50% duty on most Canadian imports. The U.S., for now, has delayed the start of the high tariffs as talks with Canada continue, according to reports.

Trump’s strategy on pushing tariffs is “not really surprising at all,” Anderson said, adding “it’s not even inappropriate.”

“The Supreme Court never said, ‘You can’t do tariffs.’ In fact, it said basically you can. It just said ‘You can’t do it this way.’ And that automatically points to these other ways, which everyone said is probably a more sound way to do this if the president really wants to do this,” Anderson said.

“It doesn’t mean it’s good policy,” he added. “It doesn’t mean it’s a good idea, but there’s at least a very colorable case the president can do this all legally. ”

2025 deportation flights

Trump’s “aggressive” legal strategy has set him apart from other presidents, and, despite specific recent examples that haven’t crossed a legal line, the administration likely violated court orders in relation to immigration, according to observers.

“I think there are some cases that push the envelope, might be unlawful, particularly around, like, some of those early deportations,” Anderson said. “But the majority of the time, the executive branch has been responding and complying with court orders. It’s capitalizing on the fact that those orders are often very narrow.”

Berry also highlighted the March 2025 deportation flights that took off with hundreds of immigrants on board despite a court order as a potential example of cases “where these agencies have outright violated court orders.”

Overall, the courts have been a check on the administration’s view of expansive power, both experts said.

“It is worth taking a moment to realize, like, just how vastly smaller the scope of this (most recent) birthright executive order is after the Supreme Court,” Berry said. “The decision did cut off the vast majority of options the administration has. I mean, you think about the scope of millions of people that the original order would have affected, and compare that to this. It’s just night and day.”

Electorate another check

Voters are also a check on power, observers say.

With crucial midterm elections approaching, Trump’s net approval rating is -26, meaning the percentage of voters who approve of him is 26 points below those who disapprove, according to The Economist/YouGov poll figures published Aug. 18. A Reuters/Ipsos found Trump’s approval rating at a record low of 33%, according to data published Aug. 17.

A recent Fox New poll last month showed most voters disapproved of Trump’s handling of the economy. And 55% told Reuters/Ipsos just days before the Supreme Court ruling that they disapproved of Trump’s attempt to end birthright citizenship.

Trump surrounded himself in his second term with people who “openly denigrated” a lot of norms of the executive office and are “acting accordingly” to what they saw their voter base wanted, Anderson said.

“I think they probably overreacted to this idea that simply by winning the last election, that voters have a high tolerance for this,” Anderson said. “And Republicans in Congress and potentially in 2028 are going to pay a price for that.”

Anderson added if voters and lawmakers don’t like the loopholes Trump’s legal strategy is employing, then maybe it’s time for Congress to close them.

“If we don’t think our laws align with what we think is right ethically and good policy, then maybe they do need to be adjusted,” he said. 

“Maybe if we want a robust separation of powers, we need to take actions that will empower the courts and Congress to push back on executive aggrandizement more effectively, as opposed to the trajectory over the most of the 20th century, which was implicitly, sometimes expressly, more or less empowering the executive branch on the assumption that the executive branch was going to self-constrain itself.” 

‘Everything people don’t like’

As for the Kennedy Center: Despite a judge’s order that led to the yanking of Trump’s name from the facade of the revered performing arts venue in mid-June, Trump’s hand-picked board voted Aug. 13 to again affix his name to the building. 

This time, instead of above John F. Kennedy’s name, the board voted to add an inscription underneath to read “The John F. Kennedy Center for the Performing Arts Restored and Renovated By President Donald J. Trump,” according to court records.

A federal judge had found that Trump’s name, which had already been added, could not officially remain there without authorization from Congress.

“It’s sort of everything people don’t like about lawyers at its extreme. … This is kind of again looking for a loophole —  they’re going to argue ‘We are not naming the center. We are adding this appendage,’” Berry said. 

“So long as it’s just like naming the renovation, you know, kind of like a sponsorship deal at the end of the name of a stadium or something like that, that’s acceptable because it’s not renaming the center,” he continued. “So we’re likely to have litigation about that too, and it’s going to be a pretty lawyerly and probably annoying debate.”

The number of refugees admitted to the United States during the first 10 months of the fiscal year is on pace to hit its lowest level on record, according to a new analysis.

The new numbers reflect a steep decline in refugee admissions since President Donald Trump began his second term, according to a new analysis of State Department data by the Pew Research Center.

The U.S. has admitted 10,258 refugees — nearly all of them white South Africans — in the first 10 months of the fiscal year, which ends on Sept. 30. During fiscal 2025, part of which overlapped with President Joe Biden’s term, the U.S. admitted 38,102 refugees. In the previous year, during which Biden was president the entire time, 100,034 refugees were admitted.

The Trump administration, which has sought to limit immigration of all types, has capped refugee admissions for fiscal 2026 at 17,500, the lowest level in the past 25 years.

Refugee admissions have fluctuated over time. They declined sharply after the Sept. 11 terrorist attacks, when President George W. Bush temporarily halted application processing. And they fell again during Trump’s first term, when he restricted immigration from majority-Muslim countries. However, the U.S. admitted an average of 50,000 refugees per year between 2001 and 2026.

In February 2025, Trump issued an executive order prioritizing refugee admissions for Afrikaners — white South Africans descended from Dutch, German and French colonial settlers. Afrikaners were the primary architects of apartheid, a rigid system of racial segregation that lasted from 1948 to 1994.

About 80% of South Africans are Black. Trump’s order asserts that the country’s Black leaders have discriminated against the Afrikaners and demonstrated a “shocking disregard” for their rights by seizing their farmland without compensation. South African leaders deny that Afrikaners have been subjected to systemic persecution.

In recent years, the majority of refugees to the U.S. have come from the Democratic Republic of Congo, which has seen ongoing war and displacement. Many refugees also have come from countries such as Syria, Ukraine, Bhutan, Iraq, Afghanistan, Sudan, Venezuela, Eritrea, Myanmar and Guatemala.

In a 2025 Pew Research Center survey of 10,357 Americans, about 36% of respondents said that it was very or extremely important to take in refugees escaping violence in other countries. Another 39% said it was somewhat important.

Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org.

On June 11,  ICE agents trailed a car into the parking lot of Commodore John Rodgers Elementary/Middle School in Baltimore. For the family riding in that car, an everyday school drop off quickly devolved into chaos.

ICE agents pulled Jesus Acevedo Sanchez from the vehicle, pinned him to the ground and arrested him for being in the country illegally. They also handcuffed and detained his wife, Adriana Gavilan Sanchez, as the couple’s two daughters watched from the back seat and school staff whisked other students away from the scene.

A Department of Homeland Security spokesperson later told CNN that Acevedo Sanchez “refused lawful commands, violently resisted arrest, and used his vehicle to evade law enforcement, dragging an ICE offer in the process.”

But two weeks ago, a federal judge ordered Immigration and Customs Enforcement to release him, ruling that agents did not have probable cause to make the arrest. In the courtroom, Judge Julie Rubin rebuked the ICE officers for failing to follow due process and described the incident outside the school as a “stomach churner.”

Since President Donald Trump began his second term with a vow to crack down on illegal immigration, more than a dozen states have enacted laws designed to keep ICE away from schools. But the incident in Baltimore was a stark illustration of the limits of state and local authority when it comes to immigration enforcement.

Both Maryland and the city of Baltimore have enacted such measures, but neither one prevented ICE agents from making arrests in full view of arriving students at the Commodore John Rodgers Elementary/Middle School.

“Schools are places where children should feel safe, where parents should be able to drop off their kids without fear, and where educators should be able to focus on teaching — not where federal agents carry out immigration enforcement actions in front of children,” Maryland Democratic Gov. Wes Moore said in a statement he released on the day of the incident.

In a phone interview, Zeke Cohen, the Democratic president of the Baltimore City Council, said “the behavior of ICE has been tragic, traumatic, and in violation of all of the principles that we hold dear in Baltimore.”

“They are reckless, they are lawless, and they do whatever they please,” Cohen said. “It’s a challenging situation for cities like Baltimore that prize diversity and inclusion when you have a government that does the opposite.”

The day after its inauguration, the Trump administration announced that it would reverse guidance in place since 2011 that restricted migrant arrests at “sensitive locations,” including schools, hospitals and places of worship. Since then, there have been at least 17 ICE encounters on school grounds, according to a tracker maintained by K-12 Dive, an education news website.

Katherine Currie, a spokesperson for the Department of Homeland Security, said that ICE is not targeting schools, but that immigration enforcement “is a clear federal responsibility” under the U.S. Constitution.

“ICE is not going to schools to arrest children — we are protecting children. Criminals are no longer able to hide in America’s schools to avoid arrest,” Currie wrote in an email.

“If a dangerous illegal alien felon were to flee into a school, or a child sex offender is working as an employee, there may be a situation where an arrest is made to protect public safety.”

Warrant required

The state and city restrictions on ICE activity in schools don’t challenge the supremacy of the federal government under the Constitution. Instead, they mostly limit what state, local and school officials can do to assist ICE, often specifying that federal agents should not be granted access to school property without a judicial warrant.

Matthew Lopas, director of state advocacy at the National Immigration Law Center, a nonprofit that advocates for immigrants, said blocking ICE agents from entering school premises without a warrant “is not in conflict with federal law.”

“It is merely saying that this is not a place where immigration enforcement should be coming on fishing expeditions,” Lopas said.

Verjeana McCotter-Jacobs, executive director and CEO of the National School Boards Association, said there are very few situations in which ICE would be justified in showing up at a school.

“We don’t see a need for law enforcement to be executing any activities on school grounds, unless it’s in response to an emergency situation,” McCotter-Jacobs said. ,“It causes stress and distractions to learning, which impacts every single child and every child in the building as well as staff.”

She added that when it does happen, it’s crucial for school officials to be on the same page with state and local law enforcement.

“Some states are unfortunately aligned with the feds in executing arrests on school grounds, and so that leaves the local school district kind of perplexed as to what they’re supposed to do,” she said.

Indiana, for example, enacted a sweeping law this year that bars school districts and universities from implementing any measure that prohibits or restricts public employees from cooperating with ICE. In November, Republican state Attorney General Todd Rokita sued the Indianapolis Public Schools for violating the law.

Ohio is another Republican-led state where political leaders are largely supportive of the Trump administration’s immigration policy, and it has not enacted a law restricting ICE activities on school grounds. But Chad Springer, superintendent of the Athens City School District in Chauncey, said his district’s immigration enforcement policy does focus on whether agents have a warrant.

As soon the Trump administration reversed the “sensitive location” policy last year, Springer said, he visited each of his campuses to explain how the district wanted them to respond in case of an ICE enforcement action.

“At any given time, there’s always a central office staff that’s going to respond if immigration did show up to a campus, and then we would be the ones to deal directly with immigration officials,” Springer explained. “And our board policy dictates we ask them, unless a judicial warrant is involved, to conduct business outside of the school day, not on school grounds.”

Springer said that every school board across the country should be crystal clear about how it would handle any law enforcement activity on campus. He said he understands his own district’s policy, but he’d welcome more direction from the state.

“In the absence of clarity, you have unclear measures, and that leads to confusion,” Springer said. “I would appreciate clear, explicit guidelines from lawmakers as to when we allow or don’t allow [officers] to be there…right now, all I can lean on is board policy.”

The coming school year

In Ohio and elsewhere, the Trump administration’s announcement late last month that it will terminate Temporary Protected Status for more than 330,000 Haitians living in the U.S. will heighten the potential for ICE enforcement at schools.  In Ohio alone, there are about 30,000 Haitians who formerly had that status, which allows people from certain countries to live and work in the U.S. if returning to their home country would be dangerous.

Jeff Wensing, president of the Ohio Education Association, said educators, particularly in cities such as Springfield with large Haitian populations, are concerned about what the new year might bring.

“So we gave guidance to our members in Springfield: ‘Here are your rights,’” Wensing said. “I don’t care who you are — if you are a stranger, including ICE agents, we have a policy, we’re not letting strangers into the school.”

As far as he’s concerned the law is clear.

“They have a legal right to attend a public school, regardless of their immigration status,” Wensing said. “When you make children pawns in a bigger game, that’s never a good thing.”

This story has been updated to correct the title of Verjeana McCotter-Jacobs. Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org.

WASHINGTON — Even before Haitian immigrants in Ohio officially lost their Temporary Protected Status, the Department of Homeland Security required dozens of them to report to immigration appointments and accept ankle monitors, according to their attorneys and local advocates.

The practice of using electronic monitoring appears to only be happening in Springfield, Ohio, according to a half dozen advocates and immigration attorneys representing Haitians. 

Additionally, community leaders and lawyers from other cities with large Haitian immigrant populations such as Boston, Chicago and Miami have not seen the same tactic. One advocate has seen an increased presence of federal immigration agents in Brooklyn, New York, but so far no check-ins. The advocates and lawyers from Springfield said they do not know the exact number of Haitians under electronic monitoring. 

“It’s really just theater,” said Lynn Tramonte, the executive director of the Ohio Immigrant Alliance, an advocacy group. “They’re putting ankle monitors on people to make it look like they’re doing something, but it’s devastating for the people who are getting these placed on their ankle. They’re a constant reminder that you’re not free.”

U.S. Immigration and Customs Enforcement did not respond to a detailed list of questions from States Newsroom regarding the use of ankle monitors. 

The use of ankle monitors for immigrants who have no criminal background and previously held legal status is a departure from standard practice. Typically an ankle monitor is used for immigrants with a criminal record, an order for deportation, or a missed appearance in immigration court. 

Springfield is home to 15,000 Haitian immigrants. The community became a focus of President Donald Trump’s campaign promise to conduct mass deportations in September 2024 when he falsely accused them of eating house pets and vowed to terminate their legal protections in order to deport them. 

The Supreme Court in June cleared the way for the Trump administration to end TPS for up to 350,000 Haitians. The case is now back at a lower court in the District of Columbia, which is litigating whether the government’s decision to end protections for Haitians was based on racial animus. 

Deportation or monitoring

Following the ruling, the DHS sent letters to Haitians in Springfield as early as July 22, said Guerline Jozef, executive director of the Haitian Bridge Alliance. States Newsroom has reviewed a copy of the letter that dozens of Haitians in Springfield received directing them to bring all their immigration documents to an appointment at an ICE office.

Then, on July 31, about 50 Haitians had check-in appointments at the Cincinnati ICE field office. At the appointments, they were pressured to accept $2,600 to self-deport or alternatively to wear an ankle monitor. 

All of them rejected the money, Jozef said. 

“Being deported to Haiti right now is a death sentence,” she said. 

Two days later, on Aug. 2, a dozen Haitians with TPS were summoned to check-ins and left with ankle monitors, said Katie Kersh, the managing attorney for Advocates for Basic Legal Equality, a nonprofit that provides legal representation to immigrants in Ohio.

“The people getting the ankle monitors are the people who are complying … and they’re getting this thing that we connote with criminality, which is an ankle monitor, when they’ve literally gotten that because they followed the orders of the call-in letter,” Kersh said.

The practice could ramp up following Wednesday’s order from a federal judge that lifted a stay in place since February that prevented the Trump administration from ending temporary protections for as many as 350,000 Haitians. 

On the same day the stay was lifted, DHS Secretary Markwayne Mullin said in an interview with NewsNation that the department was “going after (Haitians) right now.”

“We are giving them an opportunity to either leave on their own and we’ll help you, or we’ll arrest you and send you back,” he said. “Either way, you don’t have status inside this country anymore.”

Chaotic rollout

Immigration attorneys and advocates for Haitians in Ohio described to States Newsroom a disorganized scene at the ICE check-in appointments on July 31 and Aug. 2.

Kersh said she witnessed ICE officers taking out brand-new ankle monitors that weren’t charged. 

Instructions were only provided in English and Spanish, when the first language for many Haitians is usually Creole. A translator was nowhere to be found, she added, so she brought one along.

ICE personnel appeared unable to be flexible when issues arose. A Haitian woman who worked a night shift wouldn’t have time to charge the ankle monitor given to her Aug. 2, Kersh said.

An ICE officer told the woman “to just charge it while you’re sleeping,” and the woman, whom Kersh represented, again told the officer that she worked nights, Kersh said. 

Kersh said she tried to find other options for electronic monitoring for her clients, such as a daily facial recognition check-in or a wrist monitor, but said the immigration officials would not deviate.

She said an ICE officer told her that “we are being told from headquarters that we have to ankle monitor them specifically.” 

Permission to travel to court

Another issue is the ankle monitor’s 75-mile radius, Kersh said. 

Ohio’s only immigration court is located in Cleveland, 188 miles from Springfield. So a Haitian with an ankle monitor would first have to get permission from an ICE officer to travel to their court hearing. 

“It just sort of feels like the wheels are off the bus,” she said.

Getting to the appointments was its own hurdle. 

When Haitians received a letter directing them to attend ICE check-ins, many of them had to scramble to find a way to attend because of recently expired driver’s licenses. Ohio legislators passed a law that ties a valid driver’s license to immigration status.

Jozef said the Haitians fitted with ankle monitors last week were told by ICE officers that they would need to return several weeks later and were given no other information on what would happen at future check-ins.

“We are not sure what will happen to the people, but as of right now, the tactic that is being used is to have those call-ins to be able to control the movement of the people, and to be able to target them more easily,” Jozef said.

Longtime Trump goal

Revoking legal status for Haitians to open them up for removal has been a goal of Trump’s since his first administration, but he has ramped up the effort in his second term that began after he made mass deportations a central campaign theme. 

“They really, really, really, really want to target these people,” said Geoffrey Pipoly, the attorney who represented the Haitian TPS holders before the Supreme Court. 

During the first Trump administration, the government tried to end TPS for Haiti with an 18-month wind-down period, but courts blocked the termination. 

“We went from the first Trump administration giving these folks 18 months to get their affairs in order to now, their position is: We’re not even going to give you 32 days from the final judgment of the Supreme Court … as soon as the earliest possible time that we are legally allowed to start deporting people, that’s what we’re going to start doing,” Pipoly said.

After the Supreme Court’s decision in June, lower courts typically have a 32-day deadline to implement the high court’s ruling, meaning that the estimated date for the 6-3 decision regarding Haitians would go into effect July 27. But Haitians were already receiving letters from ICE dated July 22 to report for a check-in. 

16 years of protections

Congress created TPS in the 1990s as a way for nationals who hail from countries deemed too dangerous to return to due to violence, natural disasters or other destabilizing factors, to remain safely in the U.S. The status allows them to remain and work in the United States anywhere from six to 18 months. 

In order to qualify for the program, immigrants must go through a background check and pay application fees each renewal cycle. 

TPS does not provide a pathway to citizenship, but recipients can apply for another immigration status, such as asylum. 

Of the roughly 350,000 Haitians with TPS, about 200,000 of them are in the workforce, according to the immigration advocacy group FWD.us. Of that group, they work in industries like healthcare, retail, agriculture and manufacturing. 

Haiti was first granted TPS in 2010 after a devastating earthquake. In 2021, President Joe Biden extended the protections after the assassination of Haitian President Jovenel Moïse. 

The State Department currently has a “Do Not Travel” advisory for Haiti “due to the risk of crime, kidnapping, terrorism, unrest, and limited health care.”

It’s hard not to get caught up in the increasingly contentious Democratic primary battle that’s mostly being waged online this week. But outside of the social media echo chambers, people who are taking the brunt of a vicious, authoritarian regime are asking deeper questions about how to build political power.  

Union and immigrant-rights organizers in Wisconsin held a joint press conference Thursday to talk about their efforts to get Latinos, newly naturalized citizens and struggling workers to the polls to elect people who will take a stand against the Trump administration’s terrifying crackdown on immigrants as well as Trump administration policies driving the crushing cost of living.

Roselia Navarro, a naturalized citizen who leads Voces de la Frontera’s New American program, helps guide other immigrants through the process of becoming citizens. She gave a touching account of how much citizenship and participating in American democracy means to her. She described it as a privilege to help other immigrants, many of whom have waited as long  as 20 years to obtain their naturalization papers and become eligible to vote. 

“I’m very proud to say I’m the first person that is able to vote within my family,” she said. “And that feels rewarding because when I vote, I feel that I’m not only making decisions for something that would benefit my kids, but it also inspires my family to see that I’m motivated and I’m involved.”

“I want to also invite the people in our community, especially the Hispanic community, that we can come together and we need to vote,” she added. “It’s extremely important for us to be part of the decisions that are being made in our state.”

First-time voter Yondo Borrera, who sat next to Navarro on the panel at the Voces office in Milwaukee, told reporters, “I will be voting to make a change in my community. I don’t like how everything is super expensive right now — gas, food, housing, rent. And I don’t like how ICE is in the community snatching people up, deporting people, taking people away from their families, and that’s something that I’m trying to change.”

Christine Neumann-Ortiz, Voces’ executive director, described the power of Latino voters in Wisconsin, a tippy purple state where elections are often decided by razor-thin margins. Over the last decade, “the Latino population, including the Latino voting population, has continued to grow in force statewide,” she said. She cited data from the 2024 election that showed high turnout among registered Latino voters about 84.9%  of whom voted, “yet this only represents 63% of the estimated eligible Latino citizen voting age population statewide,” she said. 

Immigrant rights’ organizers aim to drive the participation rate higher.

There is something poignant about that aim, which, in other election years, would seem like a run-of-the-mill exercise in civics. This is no ordinary election year, however. 

Armed federal agents have been dragging people out of their cars in Milwaukee. A young mother with no criminal record who fled violence in Colombia and was going through the U.S. asylum process, checking in with the government regularly as her case progressed, was grabbed along with her 8-year-old son out of their home in the Wisconsin Dells and is now incarcerated along with her little boy in an ICE detention facility in South Texas. 

This is just one case of the thousands across the country. Neumann-Ortiz described a few more in Wisconsin. “We’ve seen mothers and fathers and children and the larger community traumatized by the violence and the persecution and the racism, which is completely unchecked right now,” she said.

People who have full legal status are wary of being grabbed by rogue ICE agents looking to fill quotas in the Trump administration’s mass deportation campaign. Going to the polls in this environment is fraught. And yet, advocates say, it’s more important than ever. 

“We are in an unprecedented time of income inequality, with unwanted wars in the Middle East, and a quarter of a trillion of our national budget being used for the violent persecution and racial profiling of Black and brown people, Asian people, and shifting away these critical resources from healthcare and public schools and childcare and things that people need,” Neumann-Ortiz said. 

The only way to change all that is for people who are suffering under this terrible regime to grab control of their government.

Adrian Bracy, a worksite representative for the Service Employees International Union, spoke on the panel to people who feel that their vote doesn’t matter, that the system is too broken to be fixed at the ballot box. 

“Working for a union for 20 years, I know that uniting and standing strong and fighting firmly for what we believe in, it can make the difference,” she said. “It can definitely change things.” She urged people to encourage their friends and neighbors to vote.  “Let them know how important it really is, and that they do matter,” she said. “It does matter. It makes a difference …  in spite of the tactics they may use to intimidate or discourage or discredit our voters.”

As it happens, the effort to discourage and discredit voters is led by Wisconsin’s representatives in Congress. U.S. Rep. Bryan Steil (R-Janesville), who chairs the House Committee on Administration, is demanding information from the state Department of Corrections on voting by felons. The case that prompted Steil’s letter to DOC Secretary Jared Hoy involves a man convicted of theft who was one day shy of having served his full sentence on community release. Had he voted the following day, his ballot would have been legal. This single case, which did not affect the outcome of any election, is fodder for a campaign Steil is spearheading to cast doubt on the legitimacy of elections and disenfranchise likely Democratic voters by making them jump through hoops before they can vote, all in the name of rooting out exceedingly rare cases of voter fraud.

The main targets of this campaign are, of course, the supposed masses of noncitizens casting ballots and tilting elections to Democrats. 

U.S. Rep. Derrick Van Orden (R-Prairie du Chien), like Steil an enabler of election conspiracy theories, also took a big stand this week, demanding that Gov. Tony Evers turn over the personal data of FoodShare recipients in an effort to root out “fraud.” People who get food assistance in Wisconsin are already seeing their benefits cut, just as grocery prices skyrocket, under the massive tax cut and spending bill both Van Orden and Steil supported.

These attacks are related. After voting for policies that make life much worse for the people they represent, our Republican members of Congress are trying to make sure voters can’t hold them accountable. 

“The challenges facing our economy and our democracy are inseparable,” says Taifa Smith Butler, president of Demos, a nonprofit progressive public policy organization. Demos rolled out its 2026 national policy agenda this week:  “Power Policies: How to Get and Keep People Power in the United States.” 

“For too long, public debate has centered on short term wins, but the more important question is what happens after power shifts,” Smith Butler said at a press conference announcing the new report. “History shows that periods of political upheaval can also create opportunities for transformative change. Previous generations have used these moments to advance civil rights, expand democracy, and build economic security.”

Rising authoritarianism is linked to the erosion of both economic and political power for most people, Alix Gould-Werth, Demos’ chief of programs and strategy, said at the same event. It’s important to stop that erosion in order to fight back.

The solutions the group lays out in its progressive policy plan include affordable housing, universal childcare and a robust national wealth tax, as well as nonpartisan redistricting and automatic voter registration.

Rebuilding democratic institutions in the current environment seems like a huge hill to climb. But starting on the state and local level, it’s possible to protect “laboratories of democracy” that will serve as models for a larger shift, Gould-Werth said. 

Community housing grants and low-cost loans are one example Demos offers.

Here in Wisconsin, which long ago served as the laboratory for New Deal programs and progressive reforms that grew into lasting federal institutions, there is an opportunity to stand up and defend a better vision of society. 

It’s scary. And it’s challenging. But it’s a relief to see advocates at both the local and national level light a torch and keep us focused not just on the short-term crisis we are enduring, but how it fits into the long-term fight for a better world. 

WASHINGTON — A federal judge lifted a stay Wednesday on the termination of temporary protections for hundreds of thousands of Haitians in order to comply with a U.S. Supreme Court ruling that cleared the way for the Trump administration to remove their legal status and open them up for deportations. 

The order from U.S. District Judge Ana C. Reyes means that between 330,000 to 350,000 Haitians living in the United States have lost their Temporary Protected Status, even while legal arguments on a racial discrimination claim continue. 

Reyes’ order, in U.S. District Court for the District of Columbia, brought the case into compliance with a 6-3 Supreme Court decision that Haitians and Syrians were not entitled to postponements of their status while litigation continues.

The June Supreme Court ruling also said courts could not review the Homeland Security secretary’s decision to end TPS.

As part of President Donald Trump’s mass deportation campaign, the administration has moved to revoke the legal status of millions of immigrants, including those with TPS, which is given to nationals who hail from countries deemed too dangerous to return to. 

The State Department has a “do not travel” advisory for Haiti due to gang violence and kidnappings. 

Work authorization for Haitians expired last week, along with some driver’s licenses for immigrants residing in Ohio and Florida, two states that have passed laws that tie eligibility for a driver’s license to immigration status.

Racial animus

The remaining legal argument is whether the Trump administration’s decision to end TPS for Haiti was based on racial animus, which would violate the U.S. Constitution’s equal protection clause. 

On the campaign trail, then-presidential candidate Trump singled out Haitians living in Springfield, Ohio, claiming that their legal protections were illegitimate and falsely accusing them of eating house pets. 

Conservative Justice Samuel Alito, who wrote the majority decision in June, said that the Haitians’ arguments that their equal protection claim that their protections were terminated on a racial animus were unlikely to prevail in court.

Discovery issues 

The attorney who represented the Haitian TPS holders before the Supreme Court, Geoffrey Pipoly, told States Newsroom this week that he was not expecting Reyes to issue a new stay to halt the ending of protections. 

Pipoly and his team had not yet obtained enough evidence through discovery, a process that can take months, to try and secure another stay, he said. 

Pipoly said the documents produced by the Department of Justice so far were limited and heavily redacted.

“They’re just taking this exceptionally robust view of privilege in a way that I’ve never seen a government defendant exert privileges before,” he said. “What’s behind those redactions is going to influence the scope of our ongoing equal protection claim. But we’re going to have to litigate what’s behind those redactions.”

Reyes in her Wednesday order also denied the administration’s request to issue a stay on the discovery process and ordered both parties to submit a briefing schedule.

OKLAHOMA CITY — U.S. Homeland Security Secretary Markwayne Mullin this weekend implored states and cities to cooperate with federal immigration officials, which he said would lead to safer and lower-profile arrests and deportations.

Speaking to a group of Democratic and Republican governors gathered for the National Governors Association summer meeting, Mullin called on local governments to help focus on removing the “worst of the worst” offenders, particularly targeting people without legal citizenship status who have criminal court convictions.

The Republican, who previously represented Oklahoma in the U.S. Senate and the U.S. House, took the stage with Oklahoma Republican Gov. Kevin Stitt, the outgoing chair of the national association. Mullin took over the agency after President Donald Trump fired former Secretary Krsti Noem, who defended the high-profile killings of American citizens by Immigration and Customs Enforcement agents. 

In his remarks on Saturday, Mullin asked states to cooperate with immigration detainers, in which the feds ask local governments to hold people in the country without legal authorization after they have served their time in prison or jail. 

“That shouldn’t be controversial,” he said. “We’re not doing job-site raids. We’re not going to Home Depot and raiding the parking lot. These are individuals that have already been convicted of a crime.”

The secretary said the alternative for so-called sanctuary cities or states that don’t cooperate with ICE is a much more dangerous prospect: ICE agents pursuing arrests of people after they are released.

“We’re going to arrest them, and then we’re going to arrest them in a public space, which could cause more problems and put our officers at risk, the public at risk, and the person we’re serving the detainer at risk.”  

Mullin highlighted the department’s recent success during the World Cup in cooperating with law enforcement, which he said not only ensured the safety of locals and visitors, but provided meaningful human trafficking prevention and the confiscation of counterfeit goods.

“We can’t do it without you guys,” he said. “I’m saying we can work together.”

He focused on cooperation in Oklahoma, where 76 of the state’s 77 counties are working with the federal government to remove immigrants before they are released from jails and prisons. 

“It’s not on the news,” he said. “You don’t see us around because the state is doing most of the work.”

Maryland Democratic Gov. Wes Moore, who took over leadership of the bipartisan governors group this week from Stitt, thanked the secretary for opening up lines of communication with states since taking over.

“There is an absolute difference in what we have seen from the start of the administration to now,” he said.

Moore questioned Mullin about the status of federal security grants, which can aid state anti-terrorism work, provide federal training and boost cybersecurity efforts. 

Mullin said the first thing the agency looked at was whether the local government was cooperating with federal law enforcement. 

“The whole point of the grants is so we can have partnerships,” he said. “…This has nothing to do with picking winners and losers or saying I choose Oklahoma over California — this has to do with it is designed by nature to build a partnership.”

At least 15 states, including Maryland, are identified as sanctuary states by the Center for Immigration Studies, which advocates for lower levels of immigration. 

Mullin’s comments over the weekend sparked backlash from some Republicans, including prominent Trump ally Steve Bannon. Some of those pundits said Mullin was too lax on deportations after he acknowledged the legal steps migrants could take to gain legal status.

Mullin said naturalization ceremonies occur constantly with nearly 900,000 people becoming U.S. citizens in the past year.

But he said federal officials will have no tolerance for migrants with criminal convictions or those who have not taken the legal steps to remain in the country.

Under Mullin’s watch, ICE has made a record number of immigration arrests.

Immigration arrests reached 1,593 per day in early July in a new push to detain and deport immigrants. In June, there were more than 43,000 arrests, the highest recorded by the Trump administration, according to statistics from ICE.

“There’s a legal system to go through,” he said. “But if you choose not to even begin or not to change your status, if you’ve been here 25 years, I can’t help you.”

Stateline reporter Kevin Hardy can be reached at khardy@stateline.org. 

WASHINGTON — Bryan Chavez knows that having access to legal representation as an unaccompanied minor can be a lifeline.

In 2017, immigration officials separated him from his mother and brother at the southern border, as they were caught up in the family separation policy of the first Trump administration. 

The 15-year-old remained in a detention center for children, knowing that if he were sent back to Mexico, he would likely die at the hands of the cartel who threatened to kill him, his brother and father. 

“Everything changed when attorneys from (the Immigration Defenders Law Center) arrived,” he told reporters during a press conference Friday. “For the first time, someone explained what was happening. As a child, I couldn’t understand why I was being separated from my mother.”

Chavez, who is now a case worker at the same center that provided him legal services as an unaccompanied minor, worries about what will happen to the thousands of immigrant children who are set to lose their legal representation at midnight Saturday. 

That’s because the Trump administration declined to renew a federal contract with nonprofits that provide legal aid services to more than 20,000 unaccompanied immigrant children. 

Chavez, along with a handful of advocates and attorneys for immigrant children, detailed their concerns during a virtual press conference about the end of the contract. 

They warned that it will lead to children being quickly deported, because without a lawyer, fewer than 10% of immigrant children win the right to remain in the United States while their case goes through immigration court. 

“For many of them, an attorney can be the difference between fear and hope, separation and reunification, or even life and death,” Chavez said. “I came to this country asking for help. The children I work with today are asking for the same thing.”

No reimbursements to lawyers

For more than six months, the Office of Refugee Resettlement, which is part of the Department of Health and Human Services, has not reimbursed $65 million to the Acacia Center for Justice, which distributes the federal funding to roughly 100 organizations across the country who provide legal representation to unaccompanied children in immigration cases. 

The Acacia Center for Justice has said those funds are being withheld because attorneys refused to hand over to the Trump administration sensitive case data from the unaccompanied children, such as medical records and the types of legal relief the minors are seeking. 

“For months, Acacia has been negotiating in good faith with the government to find a way to continue representing unaccompanied children who would be left without their trusted lawyers, and at the whims of an administration that seems intent on finding new and crueler ways to target and deport them as quickly as possible,” said Bilal Askaryar, communications director at the Acacia Center for Justice.

HHS did not respond to States Newsroom’s request for comment. 

‘A lot of uncertainty’

The Acacia Center for Justice’s chief of staff, Bettina Rodriguez Schlegel, said that on Wednesday, government officials submitted a solicitation notice giving the Acacia Center for Justice time to transition legal services to another provider. 

Rodriguez Schlegel said she doesn’t know for sure to whom the Trump administration will contract legal services, but the administration is eyeing a small Texas state commission that aids low-income people with criminal defense representation. 

“What will happen on Monday morning when kids go to court?” she asked. “There remains a lot of uncertainty and a great deal of concern.”

Sensitive job

Additionally, with the contract ending, children who have experienced trauma will have to recount painful experiences to attorneys who might not have the proper training. That can cause more anxiety, depression or post-traumatic stress for kids, said Dr. C. Nicholas Cuneo.

Cuneo is an assistant professor of pediatrics and medicine at the Johns Hopkins University School of Medicine and the executive director at HEAL Refugee Health and Asylum Collaborative, which provides trauma-informed healthcare services to immigrants.

“A trusted attorney can buffer that harm, explaining an incomprehensible process, providing consistency and safety, protecting a child’s interests, and connecting them to healthcare, school, housing, and other essential support,” he said. “Abruptly severing that relationship can not only reactivate the abandonment and powerlessness from which children are trying to recover, but really cause direct physical and mental health injury.”

Cuneo said Congress recognized those consequences, and created the Unaccompanied Children Program to provide funding for legal representation of migrant children. 

Erin Maxwell, a social worker at Legal Services for Children in California, said so much of their training is in providing trauma-informed legal services.

“I’m afraid that if a group of attorneys that were not trained on working with children, were not trained on providing trauma-informed legal services, that children wouldn’t be able to fully participate in their cases (to share their stories),” she said. 

New estimates put the U.S. undocumented immigrant population in mid-2024 at 14.6 million to 15.8 million, a sharp increase from around 11 million in the 2010s. 

Since then the non-citizen population has likely dropped, but the number is unclear since immigrants facing hostility are reluctant to cooperate with government surveys. 

The spike in the number of people living in the United States without documentation included between 5.4 million and 6.3 million people with some protection against deportation, such as humanitarian parole or temporary protected status. 

The Migration Policy Institute, which pegged the 2024 number at 15.8 million, said in a report released Wednesday that the increase was “primarily driven by record unauthorized migrant arrivals at the U.S.-Mexico border and the Biden administration’s wide use of humanitarian parole programs to reduce chaos at the border.” 

Another group, The Center for Migration Studies of New York, estimated the undocumented population at 14.6 million for 2024. Both reports said they have proprietary methods of adjusting U.S. Census Bureau data and other data to make the estimates.

In the estimate from the Center for Migration Studies, California had the largest undocumented population at 2.6 million, followed by Texas (2.3 million), Florida (1.4 million), New York (920,000), New Jersey (703,000), Illinois (583,000), Georgia (502,000), North Carolina (460,000), Washington state (367,000) and Virginia (342,000). 

Neither group had estimates from beyond 2024, though one monthly federal survey, the Current Population Survey, shows almost 3 million fewer non-citizens in June 2026 than there were in January 2025 at the start of the Trump administration. Non-citizens could be legal immigrants on visas or awaiting citizenship, as well as undocumented immigrants.

The U.S. Department of Homeland Security claimed in December that 2.5 million “illegal aliens” had left the country during the Trump administration, including through deportations and voluntary departures. 

The Center for Migration Studies in January called the DHS claim a “self-serving fantasy” based on a “flawed analysis of the Census Bureau’s monthly Current Population Survey.” Most likely the lower numbers in the survey reflect an unwillingness by immigrants to cooperate with surveys like the Current Population Survey, the January report said. 

“Large numbers of immigrants targeted by ICE (Immigration and Customs Enforcement) and CBP (U.S. Customs and Border Protection) are now hunkering down in fear and are unlikely to provide any information about themselves to any strangers, especially government interviewers,” the report said.

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

WASHINGTON — U.S. Maryland Democratic Sen. Chris Van Hollen Wednesday tried to advance in the Senate a bill that would create a legal pathway for immigrants with Temporary Protected Status.

However, his request for unanimous consent, a way to expedite legislation in the chamber, was blocked by Missouri Republican Eric Schmitt. 

Van Hollen said the bill, S. 2106, is in response to the Supreme Court’s decision last month to allow the Trump administration to continue with its efforts to strip legal status from hundreds of thousands of Haitians and Syrians with TPS. They are bracing to lose their deportation protections this week. 

“That decision puts them and other TPS holders at risk of deportation to countries where violence, instability, and humanitarian crises continue to threaten their lives,” Van Hollen said. 

TPS is a form of legal status given to nationals who hail from countries deemed too dangerous for return, and protections can last anywhere from six to 18 months. Immigrants must be vetted during each renewal cycle to keep their work authorization and deportation protections in place. 

Before the second Trump administration came into office, more than 1 million immigrants hailing from 17 countries had temporary protections. 

“There are already reports that ICE is planning to target Haitian TPS holders for deportation as soon as this week, which would force hundreds of thousands of people to return to a country that our State Department warns is unsafe for travel,” Van Hollen said. 

The State Department advises against any travel to Haiti, citing kidnapping and gang violence. 

“In other words, the Trump administration would force people back to a country where the State Department says, ‘Don’t go there because it’s unsafe,’” Van Hollen said. 

In a United Nations security meeting this month, senior officials gave a briefing on conditions in Haiti, citing that millions of Haitians “remain displaced or food insecure, while women and children bear the brunt of the violence.”

Van Hollen added that the bill is needed because the Trump administration’s actions to end TPS circumvent Congress’ original intent when it created the program in the 1990s. 

“The Supreme Court decision does not have to be the end of the story,” Van Hollen said. “We can write the end of the story, and it’s our responsibility as a Congress to preserve that bipartisan congressional intent from back in 1990, and we must provide that certainty that these individuals deserve.”

GOP objection

Schmitt argued a pathway for citizenship for TPS holders harmed U.S. citizens, such as immigrants holding jobs that he said should go to Americans. 

“There is nothing compassionate about flooding the labor market with more foreign workers while Americans struggle for a decent wage,” Schmitt said.

Many Haitian TPS holders work in the healthcare industry, providing care to thousands of Americans, and contribute $5.9 billion in taxes each year. 

Business leaders have warned about the economic consequences of thousands of workers suddenly pulled out of the labor market. There are roughly 330,000 to 350,000 Haitians with TPS. 

Schmitt added that Americans elected President Donald Trump on the promise of an immigration crackdown, including ending TPS. While on the 2024 presidential campaign trail, Trump vowed to end TPS for Haitians and made false statements that Haitians were eating house pets. 

“There is nothing compassionate about betraying your own citizens,” Schmitt said. “Foreign nationals do not have a right to permanent settlement here. We had an election on this issue.”

 

WASHINGTON — The Trump administration has for more than a year used personal information airline passengers provide to the Transportation Security Administration for immigration enforcement, according to documents obtained by a government watchdog group.

The documents, collected by the government accountability organization American Oversight, show for the first time a formal data-sharing agreement since May 2025 between TSA and U.S. Immigration and Customs Enforcement. 

The agreement contradicts congressional testimony from a TSA official who told lawmakers that passenger data was not being collected for the purpose of immigration enforcement. 

American Oversight obtained the records in a federal lawsuit to compel their release through a Freedom of Information Act request. The group posted the documents online Tuesday with a cover letter showing they were obtained July 23.

The New York Times was the first to report on the agreement between TSA and ICE.

As the Trump administration continues its aggressive deportation campaign in the interior of the country, the access to passenger information opens a larger group to immigration enforcement. It is unclear from the documents how many deportations or other immigration enforcement actions the agreement has generated.

Any noncitizen who has an expired visa, is waiting for a legal status renewal or is not authorized to be in the country could have their passenger information handed over to immigration officials, based on the agreement. 

American Oversight Executive Director Chioma Chukwu, said in a statement that the agreement sets “a dangerous precedent with consequences far beyond immigration.”

“Americans provide their personal information to board a plane safely, not to become part of an immigration enforcement system or a government surveillance network,” Chukwu said. “Once the government begins expanding how it uses Americans’ personal information, it raises profound concerns about privacy, civil liberties, and public trust.”

TSA and ICE are both within the Department of Homeland Security. The agreement between the agencies will remain in effect until officials terminate the contract, which will be reviewed every five years to determine if it shall continue, according to the agreement. 

Testimony to Congress

In January, TSA acting Administrator Ha Nguyen McNeil told lawmakers on the U.S. House Homeland Security Committee that the agency shares some information with ICE, but does not “send the information to ICE.”

New York Democratic Rep. Dan Goldman asked McNeill about an agreement with ICE to share information for the purpose of checking if passengers have a deportation order. 

“That is not what is occurring,” she said. “We don’t send the information to ICE, we help ICE check against information.” 

New Jersey Democratic Rep. LaMonica McIver also asked McNeill what passenger information TSA was sharing with ICE.

McNeill did not detail the information TSA shares with ICE, but said her agency was “within our authorities to share information within the Department of Homeland Security to further the national security mission.”

In the newly released documents, TSA cites the 2008 Secure Flight Final Rule as its authority to share data with ICE. The TSA regulation lays out federal procedures for using passenger information for aviation safety.  

David Cummins, President Donald Trump’s pick to be TSA administrator, at a Senate confirmation hearing this month did not detail information that ICE and TSA share when pressed by Michigan Democratic Sen. Gary Peters.

Cummins said he would “try to provide as much as we can within our bounds,” but said he could not commit to sharing details.

TSA and DHS did not respond to States Newsroom’s request for comment. 

WASHINGTON — Federal asylum officers can deny interviews to asylum seekers and send them immediately to an immigration judge, speeding up deportation proceedings, under a rule U.S. Citizenship and Immigration Services published Tuesday.

The rule, which takes effect immediately, will allow USCIS, a Department of Homeland Security agency, to refer directly to immigration judges certain asylum cases — such as noncitizens who are not yet in deportation proceedings and are proactively seeking asylum — without first conducting an interview or including a referral letter to the judge regarding the applicant’s credibility.

The interim final rule will be in effect while the agency collects public comments and finalizes the rule’s language.

The move is a departure from how USCIS handles asylum cases. It could create weakened asylum claims before immigration judges, resulting in quick denials and orders of removal. 

In order to apply for asylum, a noncitizen has to detail to an asylum officer a fear of persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.” 

Asylum officers can use the new rule when USCIS determines that an applicant is barred from applying for asylum, barred from receiving asylum, does not merit a grant of asylum and is not eligible for asylum based on merits of their claim. 

The rule also removes language that asylum seekers have the “right” to an interview. 

USCIS estimates more than 444,000 pending asylum applicants could be affected by the rule. The agency also estimates that about 132,000 future applications for asylum could be impacted. 

The rule could also affect hundreds of thousands of Haitians, who are set to lose their legal protections as the Trump administration plans to revoke Temporary Protected Status. When that status is gone, some could try to apply for asylum but not all would meet the specific standards for persecution laid out in asylum law.

Speeding hearings

Trump officials argued the rule will help backlogs in immigration court. 

“This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications,” a DHS press release said. 

USCIS Director Joseph Edlow said in a statement the rule would make sure asylum officers only consider “legitimate” applicants.

“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” he said. “America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.”

Officers quicker than judges

But an immigration law expert said the policy may actually slow the asylum claim system.

The executive director of the American Immigration Lawyers Association, Ben Johnson, said in a statement that the rule will only worsen the 1.4-million-case backlog in immigration courts because judges can take longer to hear a case than an asylum officer.

“Not only will this rule throw sand into the gears of the immigration courts, it will stack the scales of justice against vulnerable people fleeing torture and persecution by putting them into adversarial court hearings and likely also into detention,” Johnson said. 

“Instead of wasting court resources and depriving asylum seekers of due process, more cases should be directed to asylum officers who can do a thorough review of their case far more quickly than judges,” he continued.

WASHINGTON — The U.S. House approved a stopgap spending bill Tuesday that would keep the government up and running through the fall, sending it to the Senate, where lawmakers expect to rework the measure.

Congress must pass a government funding bill before the new fiscal year starts on Oct. 1 in order to avoid a shutdown just weeks before the November midterm elections.

The 220-205 mostly party-line vote represents House Republicans’ opening salvo in negotiations, though without Democratic support it won’t be able to advance in the Senate. 

House Appropriations Chairman Tom Cole, R-Okla., said during floor debate that GOP leaders hope passing the stopgap spending bill months before the start of the next fiscal year will avoid another shutdown. 

“For anyone questioning this legislation, the facts are simple — it extends the government funding deadline to Dec. 4, denying any party the opportunity to manufacture leverage before elections,” Cole said. “It contains no poison pills or partisan riders. It prevents harmful disruptions to our national security and the vital programs our constituents rely on.”

Connecticut Democratic Rep. Rosa DeLauro, ranking member on the committee, opposed the stopgap, saying it would “allow Homeland Secretary (Markwayne) Mullin to transfer billions of dollars to the Border Patrol.”

Republicans, she said, “refused” to change that aspect of the bill after Democrats “shared language to fix it.”

“We cannot in good conscience allow billions of dollars to flow to these agencies without major reforms to keep our constituents safe from further violence,” DeLauro said. 

Democrats don’t want a government shutdown but also don’t want “to rush” the process and omit the list of anomalies just sent up by the White House, she said. 

Those tweaks to funding levels are commonly added to stopgap spending bills but weren’t included in House Republicans’ measure because it was written before the White House sent a list of requested anomalies to lawmakers Monday. 

“There are over 50 programs listed by the agencies to take some action so that they can be protected during a continuing resolution,” DeLauro said, using the technical term for a short-term funding bill. 

The changes would support wildfire suppression activities, housing assistance for tens of thousands and programs that help people in rural communities afford their utilities.

“Rushing this bill to the floor haphazardly without carefully considering the various needs that must be met is no way to govern,” DeLauro said. “And it is irresponsible.” 

Senate anticipates changes

Senate Appropriations Committee Chairwoman Susan Collins, R-Maine, said earlier in the day that she was working with the committee’s top Democrat, Washington Sen. Patty Murray, to draft a continuing resolution of their own. 

“It appears that there is good faith on the Democratic side to try to pass the CR and avoid a government shutdown, which is always a disaster,” Collins said. 

Murray said the House’s stopgap spending bill has “problems” that will need to be fixed in order to move through the Senate.

“We just got the anomalies last night and both of us are trying to figure out the best way to get it put together,” Murray said. 

Appropriations status

Lawmakers must lean on a stopgap spending bill because they will, once again, fail to complete work on the dozen annual government funding bills before the deadline. 

The House has passed three of its spending bills. The Senate hasn’t passed any, in part, because the committee hasn’t released a single bill. The two chambers will need to begin negotiations at some point to settle on a total spending level for the 12 bills and how that roughly $1.9 trillion will be broken down among thousands of federal agencies and programs. 

That means the earliest the full-year government spending bills would become law is during the lame-duck session that is set to last for about five weeks between the election and the start of the new Congress in January. 

Lawmakers could also pass a series of stopgap funding bills instead of completing negotiations on the full-year appropriations bills. 

WASHINGTON — As many as 20,000 unaccompanied immigrant children are at risk of losing their federally funded legal representation due to the Trump administration withholding appropriated funds, immigration attorneys warned Tuesday.

For more than six months, the Health and Human Services Department’s Office of Refugee Resettlement has not released $65 million Congress appropriated for legal representation of unaccompanied children in immigration cases. That means children may have to press their immigration claims on their own, vastly raising the probability they will be deported, the attorneys said.

“Children are now facing the real possibility of representing themselves alone against experienced government attorneys,” Ana Devereaux, an attorney at the Michigan Immigrant Rights Center, said during a virtual press conference. 

Shaina Aber, the executive director for Acacia Center for Justice, a national group that partners with at least 100 legal organizations to provide services to children, said the lack of funding is already being felt. Several of the group’s partners have declined to continue the partnerships because they have not been reimbursed, she said. 

Aber said the funds were withheld because attorneys refused to hand over to the administration sensitive case data from the unaccompanied children, such as medical records and the types of legal relief the minors are seeking. 

“These children should not, and should never be, leveraged in a political game,” she said. 

HHS did not respond to States Newsroom’s request for comment. 

‘Children are children’

Without a lawyer, fewer than 10% of immigrant children win the right to remain in the United States while their case goes through immigration court, said Elizabeth Young, a former immigration judge. 

Some children going through the courts are too young to speak, she said during the press conference. 

“A legal system that values fairness cannot expect children to carry that burden alone,” Young said. 

Devereaux said the Michigan Immigrant Rights Center is operating on reserves and has continued to provide legal services for about 1,100 children. 

“Children are children, regardless of their nationality,” Devereaux said. 

Stripping away the legal services for children, Aber said, is “yet another system of mass deportations.”

Additionally, the Trump administration does not plan to renew its contract with Acacia, which ends July 31, Aber said. 

Instead, the administration is eyeing a small Texas state commission that aids low-income people with criminal defense to provide legal services for immigrant children. The commission does not have experience handling immigration cases or unaccompanied minors, Aber said. 

Lawmakers push to release funds

Democratic members of Congress have also called on the Trump administration to release the funds, which Congress approved. 

Last month, more than 70 lawmakers demanded that ORR reimburse the legal groups. 

“Ultimately, we are concerned that these payment delays may be an attempt to circumvent requirements that ORR continue funding legal services for unaccompanied children,” they wrote. “The federal government must meet its obligations under the law.”

Congress created the Unaccompanied Children Program, which, among other things, provides funding for legal representation of migrant children. Free legal representation is not generally provided for immigrants but there is a carveout for unaccompanied children. 

There are about 100 organizations across the U.S. that provide those legal services. 

The move from the Trump administration to withhold funds has sparked several lawsuits. Last year, a preliminary injunction was put in place that ordered the federal government to continue funding legal services for unaccompanied children. 

But advocates have not received any funds since December and were back in court this month. 

Last week, federal Judge Araceli Martínez-Olguín of the U.S. District Court for the District of Northern California probed whether the Trump administration should be held in contempt over the withholding of funds after 11 groups claimed they have still not received any reimbursements, according to El Paso Matters.

Those groups are the Amica Center for Immigrant Rights, Community Legal Services in East Palo Alto, Estrella del Paso, Florence Immigrant & Refugee Rights Project, Galveston-Houston Immigrant Representation Project, Immigrant Defenders Law Center, National Immigrant Justice Center, Northwest Immigrant Rights Project, Rocky Mountain Immigrant Advocacy Network, Social Justice Collaborative and the Vermont Asylum Assistance Project. 

Immigration arrests reached 1,593 per day in early July in a new push to detain and deport immigrants that has led to deaths in traffic stops. There were more than 43,000 arrests in June, the highest recorded by the Trump administration, according to statistics released Monday by U.S. Immigration and Customs Enforcement reflecting new bookings into detention facilities. 

The June monthly total surpassed the 42,000 arrests in December, which included Operation Metro Surge in Minneapolis. If the rate for the first 11 days of July continues for a month it could be even higher, about 49,000 arrests.

Following fatal shootings, ICE officers ordered to wear body cameras at traffic stops

Arrest numbers reached as high as 2,000 per day over a five-day period in late June, according to a New York Times report. The Department of Homeland Security has said it is “delivering on President Trump’s promise to the American people to arrest and deport pedophiles, murderers, rapists, and other criminals,” though less than a third of current detainees have a criminal conviction and 40% have never been accused of anything but non-criminal immigration violations, according to the statistics.

The Department of Homeland Security posted a list Monday of 15 immigrants previously convicted of serious crimes it said were arrested “while Americans enjoyed the weekend and the FIFA World Cup Finals.” 

The statistics also show that about 2,000 detainees a month have been freed by court-ordered bond hearings, as many federal judges, even many Trump appointees, rule against the administration’s policy of mandatory detention for many immigrants. The U.S. Supreme Court is likely to rule on the legality of the policy in its October term. 

Two immigrants were shot and killed during enforcement traffic stops in Texas and Maine this month. After a brief pause, President Donald Trump ordered traffic stops to continue. ICE officers will wear body cameras during such stops, according to border czar Tom Homan. 

A man from Mexico, apparently on a valid tourist visa for a vacation, was also killed in traffic in Florida after an encounter with ICE in July. Arrests in New York City immigration courts have also continued despite a court order banning the practice.  

Some of the unusual arrests that have come to light in the current crackdown include a nun from Nigeria walking to church in Texas (she was released the same day) and an Alaska state attorney from China. 

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