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.

A "Dreamer" running for the New Mexico Senate said a Biden administration plan to create pathways allowing Deferred Action for Childhood Arrivals beneficiaries to more quickly gain legal status could encourage others to follow her lead.

Cindy Nava bested her primary opponent earlier this month to face Republican Audrey Trujillo in November for the state's Senate District 9 seat. Nava was the first DACA recipient to receive a presidential appointment as Senior Policy Advisor to the U.S. Dept. of Housing and Urban Development.

Nava worked in the New Mexico Statehouse on behalf of Democratic lawmakers for a decade but could not get paid because she was undocumented. She eventually enrolled in the DACA program and became a U.S. citizen through marriage.

"I believe our families come from a place where we have always been afraid and my own parents tell me day to day," Nava pointed out. "But we learn to live with that fear and build resilience to work forward."

The 12-year-old DACA program provides protection from deportation and work authorization for undocumented young people who arrived as children and grew up in the U.S. The recent Biden initiative would allow those who have earned a college degree and received an offer of employment from a U.S. employer in a field related to their degree to more quickly receive work visas.

Born in Chihuahua, Mexico, Nava grew up in Albuquerque and Santa Fe. She noted the U.S. population is shifting and predicted soon, DACA recipients will be occupying seats in Congress. She believes they need a more stable pathway, requiring bipartisan cooperation at all levels of government.

"New Mexico's a great example of having leaders who have invested in opening opportunities for immigrants, from educational opportunities to driver's licenses for immigrants," Nava emphasized. "All of those things actually can be undertaken at a state level, and can be deeply meaningful."

There are currently about 600,000 DACA recipients across the country, with more than 75% in the workforce.


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June is National Immigrant Heritage Month, and advocates in Utah want to see a pathway to U.S. citizenship include easier access to public lands and waters for immigrants who take the Oath of Allegiance each year.

Olivia Juarez, public lands program director for the group GreenLatinos, one of the 68 organizations which sent a letter to federal land management agencies and U.S. Citizenship and Immigration Services, calling for them to provide an America the Beautiful Pass to newly naturalized citizens as a "welcome gift."

Juarez pointed out advocates would also like agencies to consider barriers cashless entry to National Parks can have on unbanked individuals. Juarez contended those who complete the lengthy and at times complex naturalization process should be given an opportunity to connect with the lands they have a right to.

"There is the benefit, of course, like fomenting a population that cares about public lands and wants to make sure that they're healthy and here for future generations," Juarez explained. "But it also provides direct benefits in terms of public health."

Juarez stressed when people have access to clean, pristine natural recreation areas, they also tend to have better physical and mental health. GreenLatinos would also like to see cooperative efforts to host swearing-in ceremonies on public land recreation sites to cultivate deeper, more meaningful connections with the landscape.

Almost 9% of Utah's residents are foreign-born, according to the American Immigration Council. Juarez considers Utah to be one of the most welcoming states in the nation for immigrants and also called it home to some of the most famous national parks, like Arches and Canyonlands.

"When people end up in Utah because they're seeking asylum, they don't necessarily come here knowing that we have these amazing five national parks that are world-class and world renowned for their incredible environmental characteristics," Juarez observed.

Juarez added underrepresented communities of color, including immigrant communities and families, face many barriers when trying to access national parks and public lands -- such as distance, cost and lack of familiarity. They said more can and should be done to provide newly naturalized citizens with greater access to the best our country has to offer.

Michigan's government officials, immigration-reform groups and families affected by immigration policies, are celebrating President Joe Biden's recent executive action.

The order offers work permits and legal status to long-term immigrants, including those married to U.S. citizens under the conditions they have lived in the U.S. for at least 10 years and have no criminal record. The plan mirrors the Obama administration's Deferred Action for Childhood Arrivals in 2012.

Michigan is home to about 90,000 undocumented immigrants.

Rep. Laurie Pohutsky, D-Livonia, spoke at a gathering supporting Biden's new policy.

"What the Biden administration did is consistent with the values of our country and as a state," Pohutsky contended. "It upholds the dignity and justice of our families. We can have greater security on the border and we can have compassion for those who've been in our communities and have families."

Those opposed to Biden's new immigration plan, particularly Republicans, said it invites people to break America's laws. The nation has approximately 500,000 unauthorized immigrants married to U.S. citizens.

Sen. Aric Nesbitt, R-Lawton, does not support the president's new immigration policy.

"In America, you don't reward people for breaking the law," Nesbitt asserted. "This new proposal does just that. Instead of focusing on strengthening our southern border, the Biden administration has decided to propose another amnesty plan for those who violated our nation's laws and our sovereignty."

Critics of the new policy also maintain it puts the safety of Americans at risk, especially those who live in border states. Supporters argued long-term undocumented immigrants have lived on average for 15 years in the U.S., working, paying taxes and raising American children, and they believe the president's new policy will help keep families together, boost the economy and grow the workforce.


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