An Illinois law professor is weighing in on what she called a "very public and open test of due process" for immigrants being deported from the United States without court hearings.
On Wednesday, a U.S. district judge denied the Justice Department's request to further delay the wrongful deportation case of a Maryland man, Kilmar Obrego Garcia, who was sent to a prison in El Salvador. Both a U.S. District Court and the U.S. Supreme Court have ordered the Trump administration to "facilitate" his return.
Victoria Carmona, clinical professor of immigration law, Chicago-Kent College of Law, said regardless of citizenship status, the lack of due process for one person is a crisis for everyone.
"The idea that the U.S. government is absolutely flouting our constitutional right to due process is terrifying, because if they're going to do it for one person, this is the test case," Carmona explained. "This is to see what can the government get away with and start pushing the odometer further and further away from due process. And it should be scary to everyone."
The government now has until May 5 to report any efforts it is making to comply with the court orders. In the meantime, Gov. JB Pritzker said Illinois is looking into ways to cut any state financial ties to Salvadoran companies in protest of that government's imprisonment of hundreds of deportees taken from the U.S. without court hearings.
Obrego Garcia already had a set of protections which said he could not return to his native country of El Salvador for fear of government persecution. The Justice Department said deporting him was an administrative error, although the Trump administration insists he is affiliated with a gang.
Carmona pointed out both countries' leaders are making the case more difficult to resolve.
"From El Salvador's perspective, I'm sure they're upset because their citizen had essentially claimed protections and saying that the El Salvadoran government would harm him if he returned," Carmona observed. "But this idea that the U.S. has no position to facilitate his return is an absolute lie."
Whatever happens to Obrego Garcia, Carmona added the unprecedented nature of the executive branch ignoring judicial orders has set the U.S. up for a constitutional crisis.
"At this point, I think Congress should be looking at impeachment," Carmona contended. "If Trump is going to clearly violate the Supreme Court orders, the resolution is impeachment."
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Protests are planned this Saturday throughout Arizona as organizers mobilize a "nationwide day of defiance" against what they're calling the Trump administration's attacks on civil rights, working families, public education and health care. The "No Kings" protests follow a week of immigration sweeps throughout the country, including in Arizona, that have sparked public outrage against President Donald Trump's mass deportation agenda and Immigration and Customs Enforcement. This week, the president said people can expect additional ICE raids and warned protestors they can expect to be met with "equal or greater force."
But Leah Greenberg, co-executive director of the advocacy organization Indivisible, said there is power in collective action.
"This is coming at a moment when they are illegally sending troops into Los Angeles, intentionally attempting to escalate in order to justify broader crackdowns on dissent that makes it that so much more important for all of us collectively to be in solidarity with our immigrants friends and neighbors, with basic American values," she explained.
The widespread movement will run counter to Trump's projected multi-million-dollar birthday military parade happening in Washington, D.C., on Saturday. More than 100 pro-democracy groups are backing the nationwide No Kings events. To find where protests are happening visit no-kings-dot-org.
Greenberg argued that the Trump administration is actively attempting to chill dissent and create consequences for those who speak out, and claimed the administration is trying to create a false sense of inevitability.
"Their power, fundamentally, is dependent on all of us actually agreeing, actually obeying. If we collectively organize, if we collectively expose that lie for what it is - then we are are going to be in a completely different position and they are not going to be able to get away with the things they are trying to do," she continued.
Randi Weingarten, president of the American Federation of Teachers, reminded people the power of the United States' government is derived from those it represents.
"Not from one man, not from one party, not from a crown," she contended. "That is what was the most important focus of the framers. That is why they shed lots of blood, sweat and tears to actually create this country, the first 13 colonies."
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Immigrant rights groups have said they are considering legal action to restore a Texas law allowing in-state tuition rates for undocumented college students.
The move comes after the Department of Justice sued Texas and within hours, state officials complied without a fight. According to the U.S. attorney general, federal law prohibits schools from providing benefits to undocumented students not provided to U.S. citizens.
Kelly Cobb, partner and business immigration attorney at the Jackson Walker Law Firm in Houston, said the law had been on the books since 2001.
"They get the same residence requirement as someone that was born here," Cobb pointed out. "I think it's more of a policy argument. These were children brought here and why should they be penalized and have to pay higher tuition?"
Texas was the first state to enact such a law to help young adults without legal status. Conservative legislators have tried to repeal the law for years. Cobb noted if an appeal is filed, a judge could allow the law to remain in effect through the appeals process.
Texas Attorney General Ken Paxton took partial credit for the legislation being overturned. The lawsuit was filed just days after the end of the legislative session, where a bill to repeal the law stalled after passing out of a Senate committee. According to the American Immigration Council, the state will lose an estimated $460 million a year in wages if the ban remains in effect.
"It's going to have a financial impact on the universities," Cobb explained. "Also, they're going to college so they are going to come out professionals with degrees, who should be earning more. So, they will make money; they will make jobs."
The move is part of the Trump administration's crackdown on illegal immigration. Currently, 24 states allow undocumented students to pay in-state tuition.
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In response to increasing federal threats to immigrant communities, including cuts to food assistance and deportations, a coalition of more than 100 community organizations is urging Oregon's lawmakers to pass the 2025 Immigrant Justice Package.
It includes five bills which would provide Oregon's immigrant families access to things like food and housing assistance, disaster relief and legal representation.
Martha Sonato, president of the Oregon Worker Relief Coalition, said the legislation will benefit all Oregonians.
"What community has put forward is a package of very impactful, cost saving investments," Sonato explained. "These are all basic rights that really help families stay together and succeed."
Opponents to some of the measures argued it is unfair to ask legal residents to fund benefits for people in the country illegally. Supporters, however, countered undocumented Oregonians contribute more than $350 million annually in state and local taxes, making them deserving of the benefits.
From the package, Sonato highlighted a bill to create a Farmworker Disaster Relief Fund. She noted Oregon farmworkers, more than 60% of whom are immigrants, face lost wages due to extreme weather like heat waves and wildfires.
"Farmworker Disaster Relief would really help make sure that farmworkers are able to take care of themselves and their families, just like they're taking care of all of us," Sonato emphasized.
Another bill in the package, Food for All Oregonians, would provide food benefits to all children in the state, regardless of their immigration status. The measures also seek funding to renew a legal aid program for immigrants, which Sonato argued is crucial in today's climate.
"This policy ensures that folks have due process by providing legal representation to immigrants that are seeking to adjust their status and facing deportation," Sonato added.
Sonato stressed investments in immigrant communities now will save the state money in emergency food, housing, and medical resources down the road.
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