Tag: Legal

As Donald Trump tightens the nation’s immigration policies, lawmakers in Democrat-led states are proposing new measures that could erect legal obstacles for federal immigration officials and help immigrants lacking legal status avoid deportation.

The resistance efforts in California, New York and other states are a counterpoint to the many Republican-led states advancing measures to aid Trump’s crackdown on illegal immigration, highlighting a national divide.

In just his first week in office, Trump halted refugee arrivals; fast-tracked deportations; sent military troops to the southern border; lifted longtime rules restricting immigration enforcement near schools, churches and hospitals; attempted to end birthright citizenship; and ordered federal prosecutors to investigate state and local officials whom they believe are interfering with his crackdown on illegal immigration.

Hundreds of bills on immigration already have been introduced in states, and more action is expected next week. Republican governors Ron DeSantis of Florida and Bill Lee of Tennessee have called special legislative sessions to begin Monday to support Trump’s immigration agenda.

Meanwhile, Democrats in states such as Connecticut, Hawaii, Massachusetts, New Mexico, Oregon and Washington are backing measures to expand healthcare and higher education for immigrants, restrict landlords from inquiring about immigration status or block government agreements to open new immigrant-detention centers.

Many US adults support stronger security at the southern border and deporting immigrants in the US illegally who have been convicted of violent crimes, according to a survey by the Associated Press-Norc Center for Public Affairs Research. But some actions have less consensus. About four in 10 American adults support deporting all immigrants living in the US illegally, while a similar share are opposed.

In immigration courts, unlike in criminal courts, there is no constitutional right to a government-funded attorney. As Trump ramps up deportation efforts, some state measures would help pay for attorneys to defend people facing immigration proceedings.

One leader of such efforts is Catalina Cruz, a New York assembly member who came to the US at age nine from Colombia and remained without legal status for more than a decade before gaining permanent residency and becoming a US citizen and a lawyer.

Cruz has filed more than a half-dozen bills to aid immigrants. One would establish the right under state law to legal counsel in immigration proceedings in New York, or elsewhere if an immigrant was living in New York. Another would authorize state grants for organizations to hire, train and equip staff to provide legal aid to people facing deportation.

“In a world where the threat of mass deportations is imminent,” Cruz said, the legislation “gives people an opportunity to fight their case, to fight for their families, to fight for their rights”.

Cruz estimates 60% of the residents in her New York City legislative district are non-citizens, adding: “People are terrified.”

New York is among several states that already fund legal aid for immigrants. But advocates want about twice as much money as the Democratic governor, Kathy Hochul, has proposed.

“This is a moment where investing in due process and fairness for immigrants at risk in New York is of fundamental importance,” said Shayna Kessler, director of a universal representation initiative at the non-profit Vera Institute of Justice.

Some legislative proposals also would fund attorneys who could help immigrants obtain legal residency.

A bill by Lisa Reynolds, an Oregon state senator, would require the state department of human services to offer grants to non-profits to help people who aren’t citizens change their immigration status or become lawful permanent residents. It would provide $6m to launch the program during the budget biennium beginning in July.

“Oregon has had a very proud tradition of doing all we can to help those who have recently immigrated to our state from other countries, and especially those who have been political refugees,” Reynolds said. “We’re all feeling a little more urgency around this.”

Since 1987, Oregon law has barred law enforcement officers from “detecting or apprehending persons for the purpose of enforcing federal immigration laws”. Voters in 2018 defeated a ballot measure that would have repealed the so-called sanctuary law.

Earlier this week, the Trump administration reversed guidance that for more than a decade had restricted federal agencies from carrying out immigration enforcement in sensitive locations, such as schools, churches and healthcare facilities. Some parents now fear immigration raids at schools.

In California, about one in five children live in families where at least one person does not have legal status, according to the Children’s Partnership, a Los Angeles-based non-profit.

California assembly member Al Muratsuchi, chair of the chamber’s education committee, is sponsoring legislation that would make it more difficult for US Immigration and Customs Enforcement officials to enter schools and childcare centers.

The bill would require federal officials to have a judicial warrant, written statement of purpose, valid identification and approval from a facility administrator. If those criteria were met, federal immigration officials still could only access areas where children weren’t present.

Muratsuchi said he started working on the legislation as soon as Trump was elected.

“This is a top priority to protect all of our students, including our immigrant students,” he said.