Ximena Bustillo
Appearances
Consider This from NPR
How Deportations Work
I've identified this process down to five steps. Being identified as deportable, being arrested, going through immigration court, receiving a final order of removal and ultimate removal. Keep in mind that process is individualized to each case and who, what, when, where, how someone is identified can drag on for years or be very quick.
Consider This from NPR
How Deportations Work
Those at risk for arrest primarily include people without legal status because they may have entered the country illegally, overstayed a work or student visa, or violated the terms of their green card, including by committing a crime. But the government doesn't have to prove that you committed a crime to see you as removable. A good example of this could be those without work authorization.
Consider This from NPR
How Deportations Work
Homeland security investigations are expensive and time consuming. So they often rely on local law enforcement to report that they have arrested or identified someone without legal status. Then there's also what are called, quote, at large arrests. These are arrests conducted by ICE out in the field.
Consider This from NPR
How Deportations Work
So to start, they're not in the judicial branch like all other courts in our legal system. They're housed within the executive under the Department of Justice. And those arrested do not get the right to a lawyer, but they can ask to find one. And they do get the chance to make their defense. During the setting, there's also an attorney on behalf of ICE who argues in favor of removal.
Consider This from NPR
How Deportations Work
And then this is where things get more complicated. Immigration courts are currently backlogged about 4 million cases. I know. And people are being arrested faster than the courts can process their cases.
Consider This from NPR
How Deportations Work
Right. So that's what a lot of immigration advocates are filing lawsuits over. They say that this court process had been completely sidestepped as people were put on planes and taken to other countries. So how do they do that, though? How can you actually just sidestep the process?
Consider This from NPR
How Deportations Work
The Trump administration is trying to use very specific authorities that they get access to to expedite these removals. Some has been the use of the Alien Enemies Act, which specifically allows the administration to bypass the court process, as well as something called expedited removal, which, again, allows you to expedite the removal, skipping the court process. I see.
Consider This from NPR
How Deportations Work
So there are roughly three main ways that people are removed, either expedited removal, which I just explained. That also primarily happens at the border where people are basically taken back across. Then there's voluntary return, which is when someone makes their own travel arrangements. And then there's non-voluntary, which is when ICE arranges to fly you back.
Consider This from NPR
How Deportations Work
But there are challenges to sending many people back to their home countries. One reason is that their home countries have not agreed to accept them back. One thing I do not specifically list is the step of detention. Some people might be detained from the point that they're arrested all the way until a court decision is made or they're put on a removal flight.
Consider This from NPR
How Deportations Work
There's also alternatives to detention, such as wearing an ankle monitor or having regular check-ins with the government. Okay.
Consider This from NPR
How Deportations Work
There continues to be a big focus on deportations and arrests, but there is still a resource issue. Borders are Tom Homan has been critical of Congress's slower pace in providing DHS with more money or codifying any of Trump's executive orders, especially as immigration policy does come more out of the White House instead of Congress, which is the body that makes laws and provides the funding.
NPR News Now
NPR News: 01-29-2025 6PM EST
The measure has been criticized by immigration advocates who say it limits due process, and they say research shows immigrants are less likely to commit crimes than U.S.-born citizens. Ximena Bustillo, NPR News.
NPR News Now
NPR News: 01-29-2025 6PM EST
The first law of Trump's new term in office directs federal immigration enforcement to detain and deport those without legal status charged with certain crimes, including minor theft or shoplifting, assault of a law enforcement officer, or crimes resulting in death or serious bodily injury of another person.
NPR News Now
NPR News: 01-21-2025 7PM EST
Schools, places of worship and health care facilities were off limit for arrests of people suspected of being without legal status under a policy from former President Joe Biden. Now the acting Secretary of Homeland Security has rescinded those guidelines, which the Trump administration says limits law enforcement from doing its job.
NPR News Now
NPR News: 01-21-2025 7PM EST
It's not known yet how immigration enforcement agencies will ramp up operations. Trump border czar Tom Holman says officials are, quote, back and doing their job effective today, he told CNN in an interview. Still, he declined to provide specific information. Ximena Bustillo, NPR News, Washington.
NPR News Now
NPR News: 03-19-2025 2PM EDT
Khalil has lawful permanent residency in the U.S., and his lawyers are fighting his arrest and planned deportation. He's being held at an immigration detention center in Louisiana, and the Trump administration sought to move his legal case there. But Khalil's lawyers wanted to move his case to New York, where he resides and was arrested.
NPR News Now
NPR News: 03-19-2025 2PM EDT
In the end, both sides agreed New Jersey could serve as the venue because that's where Khalil was briefly detained when his lawyers first filed. Any further decision about his lawsuit will now be made by judges in the Garden State. Ximena Bustillo, NPR News, New York.
NPR News Now
NPR News: 04-15-2025 1PM EDT
Kilmar Armando Abrego Garcia was deported by mistake to El Salvador last month. A Maryland judge ordered the Trump administration to take steps to facilitate his return, a decision later supported by all nine Supreme Court justices. But President Trump and Salvadoran President Nayib Bukele both said they have no plans to return him.
NPR News Now
NPR News: 04-15-2025 1PM EDT
A federal judge is expected to raise more questions today about whether the administration is doing enough to, quote, facilitate Abrego Garcia's return. Ximena Bustillo, NPR News, Washington.
NPR News Now
NPR News: 03-20-2025 3PM EDT
The government says that he was detained under an immigration law that allows the Secretary of State to deport non-citizens the government sees as a threat to U.S. foreign policy. Tricia McLaughlin, a spokesperson for Homeland Security, said on social media that Khan Suri was, quote, actively spreading Hamas propaganda and promoting anti-Semitism on social media. Ximena Bustillo, NPR News.
NPR News Now
NPR News: 03-20-2025 3PM EDT
Kansuri, a national of India, is in the US on a student visa, which allows him to teach and study as a Georgetown University researcher. Immigration and Customs Enforcement arrested him and moved him to a detention center in Louisiana, according to a detention database. Kansuri's lawyers have petitioned for his release.
NPR News Now
NPR News: 03-22-2025 5PM EDT
The Department of Homeland Security said that it will revoke what was considered a parole program for half a million people who are Cubans, Haitians, Nicaraguans and Venezuelans. This means that people who are currently eligible to work, go to school and be in the U.S. are set up for a potential deportation in about a month.
NPR News Now
NPR News: 03-22-2025 5PM EDT
While President Trump campaigned on increasing deportations, particularly of those without legal status, he has also taken steps to remove authorization for those already in the U.S., The administration has also paused processing asylum and visa applications for those who entered under this program. The move to revoke parole programs has already been challenged in federal court.
NPR News Now
NPR News: 03-22-2025 3PM EDT
The agency primarily responsible for immigration law enforcement has cut staff who are responsible for overseeing those activities. This includes an office that works with detainees who face issues with immigration and customs enforcement. It also includes another office that helps resolve issues with those trying to seek immigration benefits, like green cards.
NPR News Now
NPR News: 03-22-2025 3PM EDT
In a statement, DHS spokesperson Tricia McLaughlin said DHS remains committed to civil right protections but must streamline oversight to remove roadblocks to enforcement. Ximena Bustillo, NPR News.
NPR News Now
NPR News: 01-17-2025 6PM EST
Noem testified before Congress about her goals to help President-elect Donald Trump increase border security measures and limit immigration.
NPR News Now
NPR News: 01-17-2025 6PM EST
During the hearing, she vowed to revoke several Biden-era programs, such as the CPB-1 app that allows migrants to apply for asylum. and to revoke a parole program for certain Haitians, Cubans, Venezuelans, and Nicaraguans. Unlike other nominees, Noem has not faced much criticism from Democrats. She's expected to receive enough votes to take up the post. Ximena Bustillo, NPR News, Washington.
NPR News Now
NPR News: 03-07-2025 4PM EST
According to the Department of Homeland Security, two detention centers in Texas will be reopening and retrofitted for families who enter or are in the U.S. illegally. Families have already been sent to the detention center in Carnes City. DHS says these individuals have final deportation orders from a judge and that the administration is, quote, not going to ignore the rule of law.
NPR News Now
NPR News: 03-07-2025 4PM EST
but immigrant rights advocates are pushing back. During the first Trump term, doctors, psychologists, and advocates said the administration misrepresented the condition at these detention facilities and that they were harmful to the physical and psychological health of children specifically. Ximena Bustillo, NPR News.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Since, there has been a steady stream of many memos, increased agencies that have been tapped into help, such as the military, the IRS, the Justice Department, and increased pressure on the Department of Homeland Security, which is the core agency here, to make more arrests and detentions and deportations.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
The administration has also really heavily promoted every step of the way from posting on social media about, you know, worksite or street arrests and some of these interagency partnerships, bringing news reporters along on raids and trainings with the Immigration and Customs Enforcement.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
You know, the numbers in terms of results are a little tricky, but on the ground, you know, there is this feeling of pressure and concern and even support over these policies so far.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
You know, split by party respondents of a recent NPR Ipsos poll last month were divided on whether they supported some of the White House more dramatic moves like attempting to end birthright citizenship and detaining migrants at Guantanamo Bay.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Well, it's too early to know just how much he's going to be able to do over the next four years. And other presidents have had large deportation priorities before. Former President Barack Obama's administration, for example, deported over 3 million people. But that is much lower than the 11 million people that Trump and his advisers have referenced.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
And this second administration's own efforts face a lot of the issues that they face the first time, like logistical and capacity challenges.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Well, the latest estimates are from 2022 from Pew Research, and they say that about 8 million workers are not authorized to work in the U.S. and are working in the U.S., There are several sectors where these workers make up a large chunk of the population of the workforce. And a lot of these estimates are expected to be undercounts.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
This includes construction, hospitality, manufacturing, agriculture. And I spoke with employers and labor leaders across these sectors who have emphasized that they are often facing a labor shortage. There is a struggle to find domestic workers. And this can be tougher in rural areas where labor markets are just a lot.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
So there's, you know, reliance on a newer workforce, on a migrant workforce, but visas as well play a role in this. And if you were to just snap your fingers and make those people disappear, it could create an economic blow.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
So there are different programs. There's temporary protected status. And then there is also the Cuban Haitians, Venezuelans and Nicaraguans parole program. Some of those programs have already been ended, which is putting hundreds of thousands of people in a bit of a limbo status. Some of those programs are just not going to be renewed forever.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
which was a risk already, particularly when it came to TPS. TPS needed to be renewed periodically for the people with that status. And Trump has already said that he's not going to renew the TPS status of several people under that program. It's unknown what that means for those individuals. Those individuals already didn't really have a pathway to citizenship.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
And so, again, this is a problem that was going to exist anyways. And Trump has accelerated that.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
No, definitely not. And that is something that has been also confirmed by the current administration. You know, we have White House border czar Tom Homan being very adamant that they need money from Congress in order to expand the capacity of both the Immigration and Customs Enforcement Agency, also known as ICE, which is one of the primary agencies that helps to arrest and deport individuals.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
But also just the capacity building, you know, making sure that there are enough beds, making sure that there's enough people to adjudicate any sort of claims. And in order to scale up, you just need more money from Congress. OK, it's time for a quick break.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
What are those? Well, Trump has previously voiced support for finding some sort of pathway for those with Deferred Action for Childhood Arrivals, also known as DREAMers, to get status. But he's also put a new focus on creating new programs for particularly attractive to those that can sort of buy their way to legal permanent residency.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
He's calling this the gold card, but we don't really know yet how he wants to create it. The ability to create a new visa or even provide pathways to status, that's something that's in the power of Congress. Also making big changes to existing visas, which this might do. Some of that can become congressional territory as well.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Immigration has been legislated through executive action now for several presidencies, both Democrats and Republicans. So I do expect that trend to definitely continue. But to Mara's point, Trump also does have control of Congress. Even if it's not major reform, it's likely that he may aim to push other priorities related to funding or visas.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
You know, he has already checked off a legislative win with his first law being the Lake and Riley Act, which expanded the scope of who could be deported. So he does have kind of the people and the things in place to try and facilitate this. I've also heard from folks that it is kind of interesting he hasn't put up a bill already for Congress to tackle and to take on.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Obviously, up on the Hill, there are several other priorities that are, I think, at the forefront, funding being one of them. So we'll see what happens once that is handled.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
I think the coming weeks and months is kind of keeping an eye on how the Republican Party generally is trying to facilitate Trump's goals, whether it is through funding, through more resources, or how far they're willing to go and allow Trump to expand to other areas, other parts of the federal government, other public-private partnerships in order to get it done.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
I mean, right now it really is on that capacity building and that kind of logistical side of what he's doing. At the same time, you know, sometimes the fear is the message. And that is something that me and my colleagues have been really noticing and reporting out as well. A lot of folks are equating some of these actions to the Obamacare.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
dusting off old activist strategies, dusting off old procedures in case ICE comes knocking to their workplace or to their house. And that is something on the ground that is being felt regardless of ICE's capacity to scale up or regardless of Tom Homan's ability to deport more people immediately.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
So I spoke to several employers across different sectors, including food processing and the agriculture sector, and they're just kind of re-upping, you know, what their strategies are, what their rights are, should ICE or other federal agents come to their door. You know, at a certain point, there isn't a whole lot that they can do about it. The tough part for employers is that
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Well, Trump kicked off his second term by immediately signing a slew of executive actions aimed at limiting both illegal and legal migration. And this included stopping pathways to seek refugee or asylum status and bolstering the different government resources to arrest, detain and deport people.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
They argue that it's not their responsibility to verify employment. They don't know. They don't have access to Social Security databases or DMV databases to verify that someone's driver's license is real or someone's Social Security number is real. Their job is just to keep the paperwork straight and hopefully be able to cooperate with any investigations.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Yes, that is a part of the strategy. I mean, Kristi Noem did a whole video public service announcement about how people need to leave. And this kind of additional chilling effect is something advocates were worried about and were more concerned about than even sometimes the more tangible deportation efforts that could be ongoing from federal offices.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
You know, I remember when I was covering some of this during the early stages of the pandemic, and there was concern that people wouldn't seek out public benefits such as food stamps, health care, COVID tests, vaccines.
The NPR Politics Podcast
How Trump's Immigration Policy Is Taking Shape
Things like that because they feared being labeled as a public charge, meaning that when your application for asylum or legal permanent residency is being reviewed by an individual officer, if they think that the American society has been just spending too much money, you lose your ability to qualify for further status.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
Well, the administration has now cleared the way for arrests in schools. The old rule said that schools as well as places of worship, health care facilities and a list of other areas were off limits to arrests of people suspected of being without legal status.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
Now the acting secretary of Homeland Security has rescinded those guidelines, which the Trump administration says limits law enforcement from doing its job. My colleague Brian Mann spoke with Bishop Matthew Hyde, who leads the Episcopal Diocese of New York. And Hyde disputes the idea in the administration's announcement that criminal migrants were, quote, hiding in schools and churches.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
But we don't know yet how immigration enforcement agencies are planning to ramp up their operations.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
The department also issued two notices to start the process of implementing some of Trump's executive actions. One includes phasing out humanitarian parole programs. This includes the program that granted permission for certain people from Nicaragua, Cuba, Haiti, and Venezuela to be in the U.S.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
It's not really known what will happen to the hundreds of thousands of people currently living with humanitarian parole. This also accelerates a Biden-era decision to not renew the legal status of those under the program. Another action set in motion is restarting full implementation of Remain in Mexico.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
This was a program from Trump's first term that required migrants to wait in Mexico while their asylum claims were being adjudicated in the U.S. Mexican President Claudia Sheinbaum told reporters yesterday that there needs to be a conversation with U.S. federal agencies.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
The main target of the lawsuits continues to be Trump's executive action that aims to reinterpret the 14th Amendment. This is the amendment that grants citizenship to nearly every person born on U.S. territory. It says all persons born or naturalized in the U.S. and subject to the jurisdiction thereof are citizens.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
Trump wants to change this widely understood meaning of those words and make citizenship dependent on the status of one's parents and whether they're here in the U.S. legally, illegally, or on visas. A group of 18 Democratic state attorneys general, including from New Jersey and California, joined the legal fight to block the move.
Up First from NPR
New ICE Policies, Hegseth Claims, West Bank Attacks
And a coalition of civil rights and liberties groups also filed a separate lawsuit.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
The judge originally ordered for two items. First, for the government to facilitate Abrego Garcia's release and return from Secod. This is the mega prison in El Salvador. The White House has said that his deportation was an administrative error. Second, to ensure that if he is brought back to the U.S., his immigration case receives due process within immigration courts.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
During Tuesday's hearing, Judge Ziniz said that she had received, quote, "...information of little value on what had been done to fulfill any of this." So she granted a request from Abrego Garcia's lawyers for the government team to undergo a process called expedited discovery.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
This means that government officials from Homeland Security, Immigration and Customs Enforcement, and state will be deposed under oath. She gave both sides two weeks to complete the discovery process.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
She said that this would be done specifically to determine whether the government is abiding by her original court order, whether they intend to abide by it, and if not, whether that's in good or bad faith.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
The administration has so far continued to argue that it cannot force another government to extradite someone that they're holding back to the U.S. On Tuesday, Drew Ensign, the lawyer for the Justice Department, also brought up two documents. One was a status report on where the DOJ stands on bringing a Grego Garcia back to the U.S.,
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
In this, a DHS official said that Abrego Garcia could be let in through a legal port of entry, but that if he did arrive, DHS would either move to deport him to a third country or back to El Salvador anyways. Now, Zini said that this was already getting too far ahead since the government hasn't shown that it has facilitated his return at all.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
Ensign then pointed to the Oval Office press conference transcript from Monday during which Trump met with Salvadoran President Nayib Bukele. Both leaders said that they didn't have the power to return him. But to that, Zini said that those answers that Ensign is pointing to during this press conference would not be considered responsive in a court of law.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
The takeaway from Tuesday's hearing is that this is another judge growing frustrated with the administration's answers on what it's doing in response to court orders. But the administration has, in a way, set up for many of these policy debates to take place in the courts and even make their way up to the Supreme Court, as we've seen in this case.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
But not every decision is going to go the administration's way. So we have continued to see that there's also a growing tension between the courts and the administration. And, you know, on Monday, in front of El Salvador's leader, Trump criticized the, quote, liberal judges that are blocking his agenda.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
This is, of course, not new, as he's previously criticized those who have issued orders against his immigration directives, especially those related to the flights to El Salvador.
Up First from NPR
Hearing For Wrongly Deported Man, Prescription Drug Prices, Harvard Battle Continues
Thank you.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
Good morning.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
He was from El Salvador and living in Maryland with his child and his wife, who is a U.S. citizen. But Abrego Garcia already went through immigration courts. In 2019, he was served with his notice to appear before a judge. The judge found that he could be deported, but Abrego Garcia was able to make the case against being deported back to El Salvador. The government appealed, but lost.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
And then last month, he was apprehended by immigration officials once more. And his wife only realized that he had been transferred to a mega prison in El Salvador because she recognized his tattoos on a photo from the El Salvador government.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
Yes, in court filings, immigration officials admitted that Abrego Garcia's deportation was an administrative error, but they are doubling down on his deportation. Vice President J.D. Vance alleged on social media that Abrego Garcia is a member of the MS-13 gang. Abrego Garcia's lawyer, however, disputes the claims of criminal history, noting that he's never been convicted of a crime in the U.S.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
or any other country, nor has there been significant evidence of his ties to the gang. His lawyers argue that the government could have deported him anywhere but El Salvador, but they ignore those earlier orders.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
Simon Sandoval-Moshenberg, who is representing Abrego Garcia, raised concerns about the implications that this has on other immigration court cases.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
On Friday, he will ask a federal judge to order the U.S. to bring Abrego Garcia back. The government is poised to argue that it's too late because Abrego Garcia is in the custody of another government. But his lawyer says that if courts cannot order him returned from a place he should legally not be, eventually the government could do the same to a U.S. citizen.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
Depending on where you're detained and how long you've been in the country, you could have your day in court to convince a judge that you should stay. The government brings their own attorneys to argue that you should be removed, and then people get a chance to defend themselves. Sometimes that defense can be claiming asylum or asking to not be deported to a specific country.
Up First from NPR
Trump's 'Liberation Day', Wisconsin Supreme Court Race, Mistaken Deportation
Then a judge decides whether they agree.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
Trump signed executive actions aimed at increasing border security and reducing pathways for legal migration. Some included his boldest promises, like reinterpreting the 14th Amendment to mean that those born in the U.S. do not get automatic citizenship, as has been the most common interpretation.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
Trump also brought back some policies from his first term, resuming border wall construction and pausing refugee resettlement. A few other things happened yesterday as well. He shut down the CPB1 app. This was something President Joe Biden created, which allowed migrants to schedule appointments at ports of entry along the U.S.-Mexico border. This created immediate impact at the southern border.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
People who had waited months to be able to schedule an appointment suddenly lost that chance.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
This is something that he has long promised to do, though this is already being challenged in courts. Last night, a coalition of civil rights and civil liberty groups filed a lawsuit in New Hampshire saying Trump's decision was unconstitutional and goes against congressional intent and longstanding Supreme Court precedent. And others are looking into this, too.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
And there's a lot of unknowns generally about the ability to implement many of these actions. For example, Trump says he wants to send the military and National Guard to the border, but there's no clarity on who would go, how many, or to do what.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
Trump selected South Dakota Governor Kristi Noem to lead Homeland Security, but she has not been confirmed yet by the Senate. There are also key posts at the Defense Department that may need to be in place to deploy resources to the southern border. And agencies like DHS do need congressional funding to scale up their operations.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
And while there is interest in having border security be a part of the next budget-related measure, that's still several weeks away, if not months.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
Twelve Democrats joined Republicans to pass the Lake and Riley Act. This is a bill that would lower the bar for who the Immigration and Customs Enforcement agents can detain and deport based on their crimes, such as theft or assault against law enforcement. The bill now goes back to the House, which is expected to pass it.
Up First from NPR
Trump Day One, Immigration, January 6 Pardons
And this could reach Trump's desk as the first legislation that he signs in his second term. But it might be pretty hard to implement. I got an internal memo from Immigration and Customs Enforcement that said that they'd need $26 billion in just the first year to comply with the order to house those they detain and to hire more people to process them.
Up First from NPR
Immigration Crackdown, Health Officials Muted, Oscar Nominations
The bill makes it easier for federal immigration authorities to detain and deport anyone without legal status for crimes like shoplifting, assaulting a police officer, or causing bodily harm to another person. The bill is named after a Georgia woman who was killed last year by a Venezuelan man who was in the U.S. without legal status. Supporters argue that this will increase public safety.
Up First from NPR
Immigration Crackdown, Health Officials Muted, Oscar Nominations
The man who was sentenced to life in prison for killing Riley had previously been charged with shoplifting. Proponents say that if he had been detained by immigration officials sooner, Riley might still be alive. But others oppose the bill and say that it bypasses due process. since a person won't have to be convicted of a crime to be detained or deported.
Up First from NPR
Immigration Crackdown, Health Officials Muted, Oscar Nominations
Immigrant rights groups also argue that research shows immigrants commit fewer crimes than those born in the U.S. These same advocates say the bill also pushes a false narrative about a connection between crime and immigration status.
Up First from NPR
Immigration Crackdown, Health Officials Muted, Oscar Nominations
Right. This time around, 46 Democrats in the House joined Republicans in supporting it. When the bill passed the Senate, 12 Democrats voted for the bill. That is one sign of how some Democrats are shifting on immigration, especially after Trump made immigration a central plank of his campaign.
Up First from NPR
Immigration Crackdown, Health Officials Muted, Oscar Nominations
It's going to be very difficult. ICE is one of the federal agencies responsible for deportations. In a memo obtained by NPR, the agency warned that implementation of the bill... was impossible to execute within existing resources. They said that it would cost $26 billion to implement in the first year.
Up First from NPR
Immigration Crackdown, Health Officials Muted, Oscar Nominations
This money is needed for more than 100,000 new beds and hiring more than 10,000 enforcement and removal personnel, which all, of course, takes time to scale up. The agency also warns that it expects some state and local law enforcement agencies to refuse to cooperate.
Up First from NPR
Immigration Crackdown, Health Officials Muted, Oscar Nominations
Republican senators told me last night that they're looking to give ICE the resources it needs through the budget process.
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Immigration Crackdown, Health Officials Muted, Oscar Nominations
The acting Secretary of Defense said on Wednesday that roughly 1,500 ground personnel, as well as helicopters and intelligence analysts, will be going to the southern border to increase detection and monitoring efforts. They will also help with building physical barriers along the border and provide military airlifts to support the Department of Homeland Security. with deportation flights.
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Immigration Crackdown, Health Officials Muted, Oscar Nominations
This comes after the White House effectively closed off asylum at the southern border, ordering agents to immediately deport anyone who crosses between ports of entry.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
Good morning.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
Well, in a brief order issued after midnight Eastern time, justices wrote that the government is directed to not remove any member of the, quote, putative class of detainees from the United States until further order from the court. These would be some of the Venezuelan migrants being held at the Blue Bonnet facility in Texas. Justices Clarence Thomas and Samuel Alito dissented.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
Well, earlier, the Supreme Court had decided that the administration could continue deporting under the act. This was a few weeks ago. But only if detainees were given due process to challenge their removal under the Alien Enemies Act.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
The American Civil Liberties Union Friday afternoon filed multiple documents in court that showed immigration authorities were moving quickly to restart removals under the Alien Enemies Act, despite the previous Supreme Court's request for that due process. Here's Lee Gelern, one of the lawyers from the ACLU who spoke with my colleague Jasmine Garst.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
He said people got less than a day to contest their removal. So the ACLU filed for a request to have the courts pause the deportations at the D.C. District Court. Judge James Boesberg denied that request because he said he did not believe he had jurisdiction. That prompted the immediate appeal from the ACLU and then the later decision from the Supreme Court.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
The Alien Enemies Act is a rarely used presidential power that Trump invoked last month, right? And it has only been previously used in times of active war, the last time being World War II. Immigrant rights groups originally sued the administration over the use of the act when over 100 people were put on flights and sent to El Salvador, where they're now in a mega prison.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
Lawyers say that this resulted in mass confusion. Attorneys, even those on behalf of the government, arrived at hearings where clients were missing and then family members learned that their loved ones were sent to El Salvador and that prison specifically because of social media posts from both the US government and the Salvadoran government.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
The Trump administration alleges that all people they flew there are members of the Venezuelan gang Tren de Aragua under the Alien Enemies Act, But the lawyers say that many are not, and they never got the opportunity to fight the deportations and allegations in court.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
During a previous use of the act, lawyers argue that those being removed during World War II still had hearing boards to make their cases.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
The Justice Department argued that notices comply with previous Supreme Court's guidance on the issue. And I reached out to the Homeland Security Department last night, and they declined to comment on, quote, counterterrorism operations. But they did say that they believe they are complying with the Supreme Court's original ruling. Still, the ACLU argues that they're not.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
They have since been suing the administration in each individual district court since that first ruling. And judges in several districts have blocked the deportations of people using the Alien Enemies Act.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
The ACLU alleges that in recent days, many Venezuelan migrants were specifically brought to that Blue Bonnet facility because it is a facility in a court district where deportations have not yet been blocked. The government denies that this is their strategy.
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Supreme Court Blocks Deportations; Imprisonment in El Salvador; US-Iran Nuclear Talks
Thank you.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
Yes. Earlier this week, Trump said that it wasn't possible for all the people he wants to remove to get a trial.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
Vice President J.D. Vance went as far as to call it a, quote, fake legal process on social media. And in another post, Deputy Chief of Staff Stephen Miller has said, quote, the judicial process is for Americans. Immediate deportation is for illegal aliens. But critics broadly point to the Fifth Amendment of the U.S. Constitution.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
That states that no person can, quote, be deprived of life, liberty, or property without due process of law. The administration seems to be banking on Americans believing that non-citizens don't get the same due process as citizens. That's according to Musafar Chishti from the Migration Policy Institute.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
The ultimate concern, he says, is that if you strip due process for one group, that's a slippery slope for others.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
Put simply, because mistakes are made. It's central to the Constitution that if the government makes any accusation, people accused have a chance to respond. Immigration courts were designed specifically as a neutral space where both the government and immigrants could both make their cases. Not every person gets the same rights, though. It's a spectrum of rights, you know, law experts tell me.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
It depends on how long you've been in the country and other factors. I spoke with Ashley Tabador. She's a former immigration judge, and she said the government can't just act on the basis of allegations.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
You know, the case of Kilmar Abrego Garcia brought the question of due process to the forefront. In 2019, an immigration judge had decided that he could not be deported to El Salvador, but last month officials arrested him. Within days, and by mistake, he was sent to a prison in El Salvador.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
Other lawyers fighting Trump's policies have alleged their clients didn't have deportation orders yet and were due in court, and suddenly they ended up in other countries. And lawyers have told me that they've defended U.S. citizens or others with legal status who got arrested or detained when they shouldn't have. But Trump administration is making other changes too.
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Ukraine-Russia Peace, Noncitizens And Due Process, Khartoum Destroyed
They increased the number of people who can be removed without a court hearing, and they've terminated contracts that provide legal services to over 20,000 minors without legal status. and they fired and accepted resignations from over 100 court staff, including dozens of judges. Critics warn that erodes those due process protections America was founded on.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
Well, Trump invoked the Alien Enemies Act, and this is a presidential power that has only been previously used during times of war. It allows the government to deport people without going through the regular immigration process, which can take years. Now, two groups, the ACLU and Democracy Forward, caught wind that he was going to do this and preemptively sued last weekend.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
They argued that the administration should not use the act to deport five Venezuelan men that they represent. They later broadened their request to apply to anyone potentially covered by the Alien Enemies Act under Trump's invocation. The judge agreed to pause deportation under the act for two weeks. But while this was all playing out in court, three planes left the U.S.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
carrying over 100 people the White House says were deported under the act. The Trump administration is alleging that these members are Tren de Aragua, a Venezuelan gang. But in court filings earlier this week, immigration officials also said that many of those removed under the act do not have criminal records in the United States. And as noted, they were taken to El Salvador.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
Yesterday, the DOJ had to file additional details about the flights, but Boasberg says that they, quote, again evaded its obligations. He said that Trump's cabinet secretaries are deciding whether to refuse to provide evidence. The executive branch has the power to not give judges information they want if officials say it will harm national security or foreign relations.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
But Boesberg says the government filings are, quote, woefully insufficient because they're still deliberating whether to invoke this so-called state secrets privilege. And what is the judge trying to learn now? He's trying to understand if the administration disobeyed his orders, which did call for planes to be turned around. Trump officials have underscored that they did not disobey orders.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
Still, they've doubled down on their criticism of the original order and have even called to impeach Boesberg.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
He's asking the government today to explain any of its discussions about invoking this privilege of state secrets, and they must make a final decision by March 25th. A Justice Department spokesperson said the department sees the questions from Boasberg as, quote, inappropriate judicial overreach. And more of this might be discussed in a hearing this afternoon.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
This case is not the only one that has attracted strong words from judges. And ultimately, the Trump administration is using laws that have not been tested for decades and stretching that executive power. Many of those questions are ending up in courts across the country, including with results that may not favor Trump's interpretation.
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School Funding, Venezuelan Deportation Hearing, Key Bridge Inspection
We can expect more of these challenges to work their way up the judicial system and even end up in the Supreme Court. All right. Thanks, Ximena. Thank you. And Piers, Ximena Bustillo.