- In perhaps the most disturbing developments of the last few weeks has been the targeting of activists by immigration authorities. In Colorado, activist and mother Jeanette Vizguerra, who had also been a target during Trump’s first term, was arrested by immigration authorities and is currently being detained at a facility in Aurora. Also in Colorado, an activist and immigration lawyer, Jazmin Chavez, recently reported being harassed and intimidated by ICE as she tried to board a flight from Denver to Mexico City. Closer to home, Casa del Trabajador in Framingham reported on Wednesday that one of their community leaders was arrested by ICE in what appears to be a targeted enforcement action.
- Out-of-control enforcement actions are also impacting tourists to the US as various visitors report being detained and even abused by immigration authorities. The situation is so bad that both the UK and Germany have issued travel advisories about trips to the US.
- Following the recent deportation of hundreds of Venezuelans to El Salvador in violation of a court order, the Trump Administration’s claims of gang affiliation are, not surprisingly, falling apart. According to a piece in Slate, which provides a number of examples, “[t]he government’s theory appears to be that any Venezuelan migrant with tattoos is presumptively a member of Tren de Aragua until proven otherwise—except that they cannot prove otherwise, since they have been denied due process.” The deportations follow the invocation by the administration of the Alien Enemies Act, which was most recently used to justify the internment of tens of thousands of Japanese-Americans during World War II.
- Despite initially saying that there were not enough votes, Democratic leadership in the Senate quickly caved and allowed the Continuing Resolution (CR) to move forward to a vote on Friday. With federal funding ending on Friday March 14th, Congress needed to pass a CR to avoid a government shutdown. However, many on the left are angry, because the CR that passed adds $500 million to immigration enforcement and does not include traditional guardrails. For instance, previous CRs included directives to ensure fairness in immigration court proceedings and in the hiring of immigration judges; those directives were not in the CR that passed. The administration now also has more latitude to move resources from criminal enforcement to civil immigration enforcement.
- Despite years of litigation, the final status of Deferred Action for Childhood Arrivals is still not resolved. Following a recent decision by a federal appeals court, the administration has reopened DACA for the time being, but this could change as the case continues to move through the courts. Right now, those who already have DACA are eligible to renew their status and their work authorization, unless they live in Texas. The administration is also now accepting, but not processing, initial applications for DACA pending further court review.
- In an expected move, the Trump Administration issued a proposed rule to strip DACA recipients of access to the Affordable Care Act (ACA) marketplace. President Obama had initially excluded DACA recipients from accessing the marketplace when the ACA first passed despite advocacy from Dreamers and many others. President Biden finally reversed this rule a year ago in a move that made an estimated 100,000 DACA recipients eligible for healthcare coverage through the marketplace. The new proposed rule to strip access to the marketplace is open to public comment until April 11.
- The Trump Administration is planning to introduce a new travel ban, possibly as early as today. Media reports indicate that the ban would apply to 41 different countries around the world split into three different tiers. The first tier, consisting of 10 countries, would face a full ban on visa, while the second tier of 5 countries would face a partial ban, including tourist and student visas. The third and largest group could face partial visas bans if they do not adhere to demands of the Trump Administration within 60 days. Media cautions that the memo is only a draft, and final list of countries could see changes before final approval by the administration.