Immigrants whose cases are heard in Omaha's Immigration Court are often denied their due process rights, according to a report from the ACLU of Nebraska.

Data were collected from more than 500 pretrial hearings between April and August 2023. Due process violations included judges not informing people of their rights more than 80% of the time. Interpretation services were almost always provided in Spanish, rather than an individual's "preferred language."

Dylan Severino, immigration legal fellow at the ACLU of Nebraska and lead author of the report, stressed the errors are violations of immigrants' legal rights.

"We saw a lot of evidence that many of them weren't given proper access to procedural due process rights that our Constitution guarantees," Severino reported. "We're talking about life or death here sometimes, with asylum, people are being sent back to countries where they're scared they're going to be killed."

Other concerns include the extremely short duration of most pretrial hearings -- typically under four minutes -- and roughly 20% of the immigrants did not have an attorney. Severino argued "universal representation" could be a solution: publicly-funded counsel for anyone facing detention or deportation who can't afford one.

Severino pointed out immigrants who have an attorney are at least 10 times more likely to start on the path to legal immigration, and added it usually benefits far more than just the individual.

"It means they can work legally. They set down roots; they pay taxes from their work, and their children do the same," Severino outlined. "Even just a few years out, we have enough people who have legally immigrated, who are now working, that the project starts paying for itself."

At least 55 U.S. jurisdictions in 21 states have implemented universal representation.

Severino emphasized most immigrants want to contribute. He cautioned against focusing on data and statistics rather than the circumstances many of them face.

"We're talking about people here, who came to this country to try to make a better life for themselves, and who are ready to improve our country as well," Severino contended. "We're an immigrant-reliant country for our economy, but also for our culture. Until recently, it's always been a point of pride."

The 2023 Fairness to Freedom Act, which has been referred to the Judiciary Committees of both houses of Congress, would make universal representation a federal law.

Tax filing season has wrapped up but the backlash over a new IRS policy concerning undocumented individuals is not going away.

A retired agency official from Illinois said her heart breaks for the people she served over the years. A deal has been struck between the IRS and the Department of Homeland Security to share the sensitive taxpayer information of those facing deportation. Officials said locating "violent criminals" is part of the goal.

Yolanda Ruiz worked for the IRS for 33 years doing outreach work in Latino communities, including tax-filing workshops. She would stress submitting a return would not overlap with immigration enforcement.

"In that outreach, I would always reassure undocumented immigrants that we would not share their personal information with ICE," Ruiz recounted. "And I also encouraged filing and paying their taxes, because it could ultimately help them with legalization and citizenship."

She explained their application approval odds might improve if they showed consistency in paying taxes. Researchers noted people without legal status pay income taxes through a specialized number. In 2023, those households paid nearly $90 billion in taxes. But Ruiz, who is not speaking for the agency, worries the new agreement will undo the trust those like her worked so hard to build.

Ruiz agreed with immigrants' advocates who said some people are now afraid to file tax returns, which could mean less revenue for the federal government, potentially limiting community resources. She added she was devastated upon hearing the news about a policy opposite of the long-standing approach in serving immigrants.

"I really can't help but to feel like I let them down," Ruiz explained. "My heart hurts and I pray for the immigrants."

The fallout is being felt within the agency, too, with the acting IRS commissioner reportedly resigning this month because of the agreement with Homeland Security.


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The Nevada Immigrant Coalition and community organizers are sounding the alarm about expected Immigration and Customs Enforcement activity in Southern Nevada later this week.

Laura Martin, executive director of the Progressive Leadership Alliance of Nevada, has been speaking with members of the legal community and said they want people in Southern Nevada to be ready, and know what to do.

"We've also heard from some attorneys that there are possibly 100 ICE agents who have moved into the area to complete an enforcement operation through the Easter weekend," Martin reported.

Martin encouraged all immigrants to know their rights if they are approached by ICE. She added regardless of someone's immigration status, all Nevadans have rights.

The ACLU of Nevada has created a guide to ensure people know their rights and know how to take action if their rights are violated.

President Donald Trump is encouraging those who are here illegally to self-deport instead of being deported "the hard way."

Martha Menendez, legal manager for Justice In Motion, encouraged those who think they could be in jeopardy of being deported to prepare a family plan, like having all necessary documentation in one place and thinking about other special arrangements. She added she wants people to be prepared, not scared.

Menendez stressed if ICE does knock on your door, do not open it. First ask for the reason of the visit and request to see what is called a judicial warrant.

"Make sure when you are asking them for documents, they slide it under the door, that they put it up against the window, that you see that it is signed by a judge and that it said they have the right to come in and arrest you," Menendez outlined. "Otherwise, they do not."

Menendez explains if an administrative order is presented, officers do not have the legal authorization to enter forcibly. She reminded everyone they have the right to remain silent and are not obligated to answer questions about their immigration status without a lawyer being present.

A New Mexico immigrant advocacy group says all Americans should be alarmed that the IRS has agreed to share immigrants' taxpayer information with ICE agents because their personal data could be next.

The Department of Homeland Security and the Internal Revenue Service have reached a deal to provide sensitive taxpayer data to federal immigration authorities as part of the deportation push by President Donald Trump.

Marcela Díaz, executive director of Somos Un Pueblo Unido, called the action unconscionable and immoral.

"This is an extreme breach of trust between a federal government agency that has promised immigrant communities, for over 30 years, that it would not share information for the purpose of immigration enforcement," she said.

Díaz noted that other Americans could be next if the Trump administration decides to overturn longstanding laws that protect their personal information. It's estimated that New Mexico's immigrant population contributes nearly $1.5 billion in federal, state and local taxes.

There are close to 15,000 New Mexicans who use an Individual Taxpayer Identification Number to file their state taxes every year. Diaz said many will face a "Catch-22" -- a choice between breaking tax laws by not filing or possibly suffering even worse consequences.

"By doing it, you are exposing your family and your community to the devastation of detention, deportation and separation of families," she continued.

Díaz believes fear instilled by the new directive will have profound consequences nationwide.

"We are seeing a deterioration of that trust between the citizens of this country and the residents of this country and the essential hard-working families of this country, including immigrants, and these federal government agencies," she explained.

Somos Un Pueblo Unido is a plaintiff in a national lawsuit filed by Public Citizen against the Trump administration and the IRS.

As of Wednesday, the IRS acting commissioner was planning to resign rather than participate in sharing immigrants' tax data with Homeland Security.


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