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As more information comes out about lives lost, communities harmed, and an economy hobbled by the loss of critical workers, previously supportive voters may turn against Trump's mass deportation agenda.
The Trump administration is doing everything it can to get rid of what it considers to be “undesirable” people.
The administration has removed temporary protected status (TPS) for more than a million people from over a dozen countries. It is sending people back to active war zones in Sudan and Somalia. It is deporting people to Myanmar, a country under a military dictatorship. In the case of Venezuela, it is returning people to a country struggling to deal with the aftereffects of an earthquake.
Some holders of this status have been in the country for a long time. Nearly 90% of the 170,000 Salvadorans who have TPS, first granted 25 years ago, participate in the US labor force, contributing over US$5 billion to the US economy.
The administration makes no exceptions in its campaign to deport anyone and everyone. Even as it has promised to fight a war on behalf of the people of Iran, it has reportedly provided information about Iranian asylum-seekers to the Iranian government. These details about their lives, such as their sexual orientation and religious beliefs, make it even more likely that they will be persecuted on return. Dozens of Russians, who don’t enjoy TPS, were flown back to Russia, where several were immediately slapped with draft notices.
The administration has tried to tout the successes of its deportation program. But the deaths of citizens and noncitizens alike have put supporters of the president on the defensive.
There is no length to which the administration won’t go to deport people, even American citizens like the children born in the United States who were kicked out of the country along with their parents. So far, the Supreme Court has blocked the administration’s attempt to overturn the “birthright citizenship” clause in the US Constitution. But President Donald Trump is still pushing his allies to take up the fight in Congress to change the law.
The administration even tried to add 2.7 million living people to the “Death Master File,” which is a database of dead people maintained by the Social Security Administration. Trump’s plan was to make life so difficult for people declared “dead” that they would self-deport or, if they showed up to dispute their “death,” to detain them in preparation for deportation. It was only because of a whistleblower that this plan didn’t go into effect.
But the most visible effort by the US government has been to target the approximately 14 million “unauthorized immigrants” who, as of 2023, constituted over 4% of the US population. Such immigrants keep the American economy afloat by picking fruit, slaughtering cows, building houses, and taking care of the elderly.
Trump’s mass deportation campaign, in other words, would wreck the US economy. The undocumented don’t take away jobs from native-born Americans because the latter generally don’t want the jobs that immigrants fill. But the administration is willing to risk economic disaster in its effort to keep America a predominantly white country.
Trump’s anti-immigrant plan has not just evicted people. It has not just locked them away in detention centers. It has killed them.
In recent weeks, Immigration and Customs Enforcement (ICE) agents were involved in two killings. Joan Sebastian Durán Guerrero, a 25-year-old Colombian national living with his wife and young daughter in a small town in Maine, was not the subject of an ICE raid, but ICE agents killed him anyway. Lorenzo Salgado Araujo, a Mexican immigrant, was a businessman and father of three on his way to work in Houston when agents stopped his car and shot him.
More than a dozen people have died in these kinds of interactions with ICE, including two US citizens—Alex Pretti and Renee Nicole Good—protesting ICE actions in Minnesota.
The number of detainees who have died in custody is even higher. Tens of thousands of people are being held in detention facilities that the Trump administration has established around the country. Despite administration claims that it is only deporting dangerous criminals, more than 70% of those detained have no prior criminal convictions.
More than 50 people have died in the detention facilities, a rate that is more than twice as high as Trump’s first term. They have died because of conditions inside the facilities or because they didn’t receive sufficient medical care. Several have died by suicide.
The Trump administration has pledged to deport a million people a year. It hasn’t quite reached that benchmark, with the administration itself claiming around 900,000 deportations as of mid-May. It has also claimed that more than 2 million people have self-deported. However, without transparent data from the Department of Homeland Security, it is difficult to verify the administration’s claims.
These numbers are critical to the administration’s approval rating. On virtually all other policies, Trump is losing popularity. Inflation numbers remain high, and the economy is failing millions of Americans. The war in Iran continues to push up gas prices. The administration is still dogged by controversies around budget cuts, corruption, anti-vaccine policies, and connections to Jeffrey Epstein. The overall approval rating for the administration is around 37%, with a large percentage of independent voters now adopting negative views of the president.
The one issue where a sizable number of Americans still approve of administration policies, however, is immigration. Compared to the economy at 33% and the war in Iran at 29%, 40% of Americans approve of his immigration policies. But even here the numbers are declining, since half of Americans supported his approach to immigration when he took office in 2025.
The administration has tried to tout the successes of its deportation program. But the deaths of citizens and noncitizens alike have put supporters of the president on the defensive. The detention and deportation of key members of communities—hard workers, religious leaders, even those espousing the same conservative family values of the administration—have led to a significant decline in anti-immigrant sentiment among Republicans.
Still, with the economy on the rocks and the war in Iran nowhere near an end, the Republicans will likely try to emphasize the “success” of the administration on immigration policy in the upcoming midterm elections in November. It will be a desperate strategy. As more information comes out about lives lost, communities harmed, and an economy hobbled by the loss of critical workers, the administration’s deportation strategy may turn out to be a failure politically as well for the president and his party.
With these decisions, the Supreme Court once again bends the knee to Trump’s vile agenda of violence and death; eliminating humanitarian protections and denying asylum to those who need them most betrays every value that makes this nation great.
On June 25, the Supreme Court drastically expanded the Trump administration’s ability to shape the nation’s immigration system. In two separate 6-3 decisions, the court’s conservative majority ruled that the administration can revoke Temporary Protected Status for hundreds of thousands of Haitian and Syrian migrants, as well as physically block asylum-seekers from entering the country and applying for legal protections.
Both rulings are as cruel as they are nonsensical.
Since the start of President Donald Trump’s second term, the Department of Homeland Security (DHS) has sought to end TPS for over 1 million migrants from 13 countries, including Venezuela, Haiti, Somalia, and Syria. These termination orders have been challenged in court and, to date, seven of them remain paused.
The Supreme Court’s ruling, however, puts all of them in jeopardy. While it allows DHS to remove legal protections for Haitians and Syrians specifically, it paves the way for the department to terminate TPS for any group with little to no oversight.
if Trump’s gross fearmongering about Haitians eating cats and dogs is not “overtly racial,” then it’s hard to imagine this Supreme Court acknowledging any of this administration’s blatant racism and xenophobia.
Writing for the majority, Justice Samuel Alito claims that the courts are prohibited from reviewing whether DHS’ decision to terminate TPS complied with the legally required procedures needed to cancel the status. For example, whether former DHS Secretary Kristi Noem “inadequately consulted the State Department about conditions in Syria” or, more broadly, whether “her decision that country conditions in Syria and Haiti justified termination of their TPS designations” are exempt from any form of judicial review.
Importantly, the Supreme Court did not rule that DHS followed the proper protocols when ending TPS. Nor did it determine that conditions in those countries were safe—and, in fact, the Trump administration knows they are not. The State Department has active travel advisories warning Americans against traveling to Syria and Haiti “for any reason” due to the risk of crime, terrorism, kidnapping, unrest, limited healthcare, hostage taking, and armed conflict. It is also worth noting that the present conditions in those countries are the direct result of America’s actions in Syria through decades of sanctions and military intervention; and in Haiti, through years of colonial occupation and repeatedly undermining their democratic process.
For the conservative justices, none of this matters. These issues are, in their view, beyond the scope of the courts.
This is a ridiculous assessment. The relevant statute (8 U.S.C. 1254a) reads: “There is no judicial review of any determination […] with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection.” The court’s conservatives read the word “determination” here to refer to (i) the final decision, (ii) the entire decision-making process, and (iii) every sub-decision within that process. Based on that definition, they conclude that this statute “squarely bars” the courts from assessing the legality of any aspect of DHS’ decision to end TPS.
As Justice Elena Kagan puts it, this interpretation is not only “very broad,” but “very strange.” In her dissenting opinion, she correctly notes that the statute only applies to the final “determination” with regards to whether TPS is actually granted, terminated, or extended. It “does nothing to stop courts from reviewing […] other things” such as “the procedural steps the Secretary must undertake prior to making any determination about country conditions.”
This is not only more consistent with the relevant text but reflects a basic presumption inherent to our system of checks and balances—namely, that “Congress intends the executive to obey its statutory commands and, accordingly, that it expects the courts to grant relief when an executive agency violates such a command.”
After all, if Congress intended DHS to have broad authority to revoke TPS at its sole discretion, then why would it create a multi-step protocol that the department must follow to lawfully end those protections? That fact alone entails that it always intended how DHS reached its “determination” to be subject to judicial and external review.
The conservative majority ignores such considerations. Instead of proper judicial interpretation, they offer a politically motivated and disingenuous rationale designed to give the Trump administration complete control over the humanitarian program.
To this end, the Supreme Court granted the Trump administration one more gift: sanitizing its racism.
The court rejected the plaintiff’s claim that terminating TPS for Haitians was racially motivated and thus violated the equal protection clause. For the court’s conservatives, none of President Trump’s past remarks—which include that Haitians are “eating the dogs,” “probably have AIDS,” and that Haiti is a “shithole country”—“were overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications.” Whatever these “race-neutral justifications” are, the court conveniently fails to elaborate.
In his concurring opinion, Justice Clarence Thomas goes even further. He posits that the plaintiff’s suit would fail simply because “aliens have no equal protection rights against the Federal Government.” Constitutionally, this is painfully wrong. Morally, this is utterly disgusting.
In one fell swoop, the Supreme Court effectively cleared all legal obstacles against the Trump administration’s efforts to end TPS for anyone at any time for any reason. Their ruling renders non-constitutional challenges regarding policy adherence moot from the outset. And if Trump’s gross fearmongering about Haitians eating cats and dogs is not “overtly racial,” then it’s hard to imagine this Supreme Court acknowledging any of this administration’s blatant racism and xenophobia. Their willful ignorance renders the equal protection clause similarly moot.
To make matters worse, the Supreme Court was not done. In a separate decision, the court’s conservatives upheld the Trump administration’s “turn-back policy” (also known as “metering”) that allows federal agents at the US border to stop migrants from crossing into the US.
Currently, federal law permits any migrant “who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival […])” to apply for asylum. In Mulin v. Al Otro Lado, the Trump administration argued that their policy does not violate this law since, insofar as those migrants never step foot onto US soil, they never become entitled to apply for asylum in the first place.
The Supreme Court agreed. Writing again for the court’s majority, Alito claims that this case is “straightforward.” He writes, “In ordinary speech, no one would say that a person ‘arrives in’ a place—for example, a house, a city, or a country—before the person enters the place.”
The Trump administration does not cherish life. The Supreme Court does not value justice. Congress is now the last line of governmental defense against full-on fascism.
Yet, as Justice Sonia Sotomayor writes in her dissenting opinion, the majority’s fixation with the word “in” overlooks the broader context of the statute. Federal law dictates that any migrant “arriving” and “seeking admission” into the country “shall be inspected by immigration officers.” If they are ineligible for admission, they shall be removed unless they indicate “an intention to apply for asylum […] or a fear of persecution.” In that case, “the officer shall refer the alien for an interview.” That clause clearly applies to migrants who haven’t physically entered the US.
This also explains the language Congress uses in that statute. Under the majority’s reading, to “arrive in” the US is synonymous with being “physically present in” the US. But, if this is true, then why would Congress include both phrases if they were so obviously redundant? It’s because, in addition to being physically present, those who have arrived before an immigration official also have the right to apply for asylum even if they are not physically present in the US.
As Sotomayor bleakly remarks, “The consequences of today’s decision are predictable. More people will die. More people will attempt to cross the border illegally, and some will make it while others will not.”
This point not only underlines the cruelty of the policy, but also its sheer stupidity. Asylum-seekers brave horrible conditions, traveling hundreds if not thousands of miles away from their homes in search of a better life. Sotomayor is obviously correct that some will take the extra steps to enter the country by any means necessary. This is especially true if they believe that doing so is their only means of acquiring asylum. Trump’s policy undermines a system that would allow federal officials to screen migrants at the border, review their case, and provide them proper guidance for one that openly encourages the very kinds of “illegal entries” that his administration consistently bemoans as an existential threat to the nation.
With these decisions, the Supreme Court once again bends the knee to Trump’s vile agenda of violence and death. Eliminating humanitarian protections and denying asylum to those who need them most betray every value that makes this nation great.
What’s more, the court further exacerbates a humanitarian crisis that Trump is either intentionally or indifferently manufacturing. In his second term alone, he has either threatened or attacked 15 countries including Greenland, Venezuela, Somalia, and Syria; launched over 60 military strikes in the Caribbean and Eastern Pacific Ocean that have killed over 200 people; eliminated the US Agency for International Development (USAID)—an act that could lead to 9.4 million deaths by 2030; launched an illegal war that has killed more than 7,300 people in Iran and Lebanon; a war that has also wrecked the global economy and caused fuel and food shortages in the world’s poorest and most remote areas; has consistently aided and supported Israel’s genocide in Gaza; imposed a total oil blockade that is economically asphyxiating Cuba; and has made refugee status in the US a privilege nearly-exclusive to white South Africans (who he claims—without evidence—are facing “racially motivated violence”), among many other similarly insidious and corrupted acts.
Our best option is to empower Congress to stand up against both the Trump administration and his Supreme Court by working to elect as many progressive candidates in November.
In short, the Trump administration does not cherish life. The Supreme Court does not value justice. Congress is now the last line of governmental defense against full-on fascism.
Fortunately, even Republicans understand the gravity of this situation. Rep. Mike Lawler (R-NY), for instance, has already called for Congress to extend TPS for Haitians. For all of Trump’s bigotry, migrants remain an indispensable part of the US economy.
Ultimately, we need extensions for every group under threat from the Supreme Court’s reckless decisions as well as new protections for those who have already lost their TPS designations. For now, our best option is to empower Congress to stand up against both the Trump administration and his Supreme Court by working to elect as many progressive candidates in November. Before things get worse, we need fighters in Congress that will serve the people’s interest and stand up to Trump and his cronies.
Even in the face of two laws in which Congress instructed the executive branch to do certain things, a majority of the current Supreme Court—the abominable Roberts Court—has bent over backwards to ignore those laws.
The real way to read the immigration decisions the Supreme Court issued on Thursday is not to see them solely as losses for immigrants to the United States or the rights of immigrants. They are much larger losses. They are losses for the authority of Congress to have its laws fully executed by a president who doesn’t agree with them.
Markwayne Mullin vs. Al Otro Lado concerns a 1917 law that requires immigration officers to inspect noncitizens who arrive at ports of entry to determine whether they may enter the United States. Congress amended the law in the Refugee Act of 1980 to allow noncitizens fleeing persecution in their home country to apply for asylum as part of this inspection process.
The act lays out a required set of procedures to guide this process. It says that a noncitizen who seeks admission to the United States “may apply for asylum.” If the noncitizen lacks valid travel documents, the officer “shall order [her] removed” unless she conveys an intention to apply for asylum or a fear of persecution, which in turn requires the officer to “refer” her for further processing of her asylum application.
This system is designed to ensure that the US government considers the application of each person seeking to come into the United States to determine who should be let in, who should be turned away, and who should be allowed to apply for asylum.
This must be seen for what it really is—a systemic effort by the six Republican appointees on the court to shrink congressional authority and enlarge the authority of the executive branch.
But on Thursday, the Supreme Court’s majority held that a president may circumvent these requirements simply by having US immigration officers stand at the border and physically block noncitizens from setting foot on US soil—even if the asylum-seeker is certain to be persecuted, or killed, if she is turned away.
What happened to the Refugee Act of 1980 and the specific procedures outlined in it? The Supreme Court ignored it.
The other decision released today, Markwayne Mullin vs. Dahlia Doe, concerns another law, part of the Immigration Act of 1990 called Temporary Protected Status. For over a decade administrations have provided humanitarian Temporary Protected Status relief to Haitian and Syrian nationals coming to the United States.
Today, the Supreme Court’s majority held that federal courts may not review the Secretary of Homeland Security’s compliance with that law. But in fact the Immigration Act of 1990 specifically allows judicial review of whether the secretary adhered to the procedures the law requires—exactly what the plaintiffs disputed.
It would be easy to see these two cases solely through the lens of immigration—and conclude that the Supreme Court’s decisions Thursday simply backed President Donald Trump and his fanatical underling Stephen Miller’s commitment to block noncitizens from the United States or to force them out. And surely these are the consequences of both of the rulings.
But the decisions are even darker and more dangerous than this. Even in the face of two laws in which Congress instructed the executive branch to do certain things, a majority of the current Supreme Court—the abominable Roberts Court—has bent over backwards to ignore those laws.
This must be seen for what it really is—a systemic effort by the six Republican appointees on the court to shrink congressional authority and enlarge the authority of the executive branch.
If there was any doubt before, there should be none now: The Supreme Court is part of the anti-democracy movement led by Trump and the billionaires behind him.
The Trump administration’s overhaul of the immigration court system prioritizes cruelty and deportations over justice and the people’s right to due process.
On May 26, Department of Homeland Security General Counsel James Percival issued a memo directing Immigration and Customs Enforcement, or ICE, attorneys within the Office of the Principal Legal Advisor to develop “anti-fraud policies” designed for “robust enforcement.” This effort “should include enforcement against immigration attorneys filing false asylum claims in immigration courts.”
In a press release, Percival further added: “Protection claims like asylum are intended to cover unique and narrow circumstances, but it is standard practice for immigration attorneys representing illegal aliens to assert that virtually every illegal alien is going to be persecuted or tortured in his or her home country. Historically, ICE has depended on the discipline of immigration judges and the enforcement of criminal fraud laws to deter this conduct, but ICE has its own tools. Now, thanks to this directive, ICE attorneys have greater authority to enforce the law and stop the abuse of our asylum system by illegal aliens and attorneys.”
Despite these accusations, however, there is no evidence of widespread asylum fraud occurring. As the National Immigration Forum explains, there are two departments responsible for adjudicating asylum cases: the US Citizenship and Immigration Services (USCIS) and the Executive Office of Immigration Review (EOIR). While each department has a dedicated fraud detection and prevention division, neither releases regular data on the number of cases terminated or investigated for fraud.
What limited data is available does not support the Trump administration’s case whatsoever. For instance, according to a 2015 Government Accountability Office (GAO) report, “The number of USCIS asylum terminations for fraud has decreased in recent years, from 103 in fiscal year 2010 to 34 in fiscal year 2014.” During that span, USCIS terminated asylum for a total of 374 individuals due to fraud, while granting asylum to 76,122 individuals.
Going after immigration attorneys is another step toward dismantling the immigration court system and stripping noncitizens of any legal protection.
The Catholic Legal Immigration Network reports that USCIS issued 892 Notices of Intent to Terminate (NOITs) asylum status between 2009 and 2020, according to data they obtained through a Freedom of Information Act (FOIA) request. Of those issued NOITs, Notices of Continuation of Status were granted in 231 cases. Only 562 cases were terminated due to “fraud in the application.”
It is also worth noting that most asylum requests are denied. This does not mean, however, that those people did not have a legitimate fear of being persecuted or harmed in their home country. Because of regulations imposed by the Trump administration and other precedents, it is incredibly difficult for those fleeing domestic abuse, gender-based violence, police violence, and gang violence to win asylum. Even cases that would have been approved in the past are now ending with deportation orders.
What is occurring here is simply another instance of President Donald Trump weaponizing allegations of fraud to target and undermine an institution he dislikes. Whether it’s elections, Medicaid, Social Security, Supplemental Nutrition Assistance Program, Democrat-run cities, or immigration, Trump insists, without evidence, that widespread fraud is occurring at unprecedented levels. That baseless accusation then becomes the pretext for a wildly illegal abuse of power. All the while, the actual rampant fraud being committed by the Trump administration is swept under the rug.
Going after immigration attorneys is another step toward dismantling the immigration court system and stripping noncitizens of any legal protection.
Already in the past year, Trump has fired over 100 immigration judges out of roughly 750 that were in place when he returned to power. The majority of those fired were appointed under Democratic administrations, had previously worked as attorneys defending immigrants, and granted asylum at higher rates than those who kept their jobs (46% compared with 15%). The administration’s new hires, by contrast, have granted asylum in approximately 6% of cases.
Notably, in August 2025, the Department of Justice (DOJ) issued a rule allowing “any attorney,” including those with no prior experience in immigration law, to serve as temporary immigration judges. The same week, the Pentagon authorized 600 military lawyers to serve six-month terms as temporary judges. As Kyra Lilien, a former immigration judge who was abruptly terminated in July 2025, noted: “Firing expert, high-performing, effective judges and replacing them with inexperienced temps does not make the courts more efficient or achieve any goals of systemic reform. It is simply destructive.”
Amid this purge of immigration judges, San Francisco’s immigration court, which handled the third-largest number of asylum cases in the nation, was forced to close on May 1, 2026. This is no accident. Between 2019 to 2024, almost 75% of petitioners were granted some form of relief by that court compared with 43% nationwide. This disparity, however, is not due to fraud, but rather reflects the incredible work of California’s vast pro-immigrant organizations and pro bono or low-cost legal services. Their efforts continue to ensure that most noncitizens across the state have access to legal representation at their hearings.
More than 117,000 cases previously handled by the San Francisco court are now being relocated to a courthouse in Concord, about 30 miles away from the city. However, because of firings, the Concord court is, at the time of this writing, down to four immigration judges and one supervisor.
These firings will continue. Any judge who resists Trump’s mass deportation regime will be removed and replaced with someone who won’t. In recruitment ads, the DOJ and DHS openly encourage applicants to “become a deportation judge.”
At the same time, Trump is taking additional steps to maximize the number of removal orders being issued by the courts. As part of removal proceedings, individuals are required to attend “master calendar hearings”—these are brief, preliminary hearings wherein a judge formally notifies the person of the charges against them and provides them with a schedule for future hearings.
Noncitizens are now being scheduled for master calendar hearings consisting of 100 or more people at a time. These “mega masters” are largely made up of people without any form of legal representation whose original hearing was scheduled for 2027, 2028, or 2029. In February 2026, dozens of Somali migrants also had their hearings abruptly rescheduled for later that month and the next.
The goal here is simple: When someone does not appear for their hearing, regardless of the reason, a judge can issue an in absentia removal order that allows ICE agents to detain and deport them. The Trump administration is fast-tracking these cases, providing immigrants and their attorneys little to no notice, in the hopes that most will miss their hearings and a judge—whether out of fear of losing their job or loyalty to Trump—will move to deport them.
In short, the Trump administration’s overhaul of the immigration court system prioritizes cruelty and deportations over justice and the people’s right to due process.
This must end. Immigration judges should not fear losing their job for doing the right thing. Immigration attorneys should not be subject to federal investigations for helping their clients. Meaningful reforms must be implemented both to solve the problems Trump has created and the ones that predated him.
Such reforms include: first, guaranteeing that every noncitizen has access to a publicly funded attorney.
Second, ensuring that the asylum process is fair and consistent across the nation. As it stands, asylum acceptance and denial rates vary significantly from judge to judge and from court to court, effectively making the asylum process into a lottery. For instance, a 2017 Reuters report documented the nearly identical stories of two Honduran women who were targeted by gang violence due to their activism. One was granted asylum by the now-closed San Francisco court, while the other was denied their request by a court in Charlotte, North Carolina.
Third, and perhaps most importantly, immigration courts must be removed from the executive branch. This is a necessary step to protect due process and stop the abuses being enacted by the Trump administration.
Ultimately, everyone, regardless of immigration status or whatever Trump believes, deserves to be treated with dignity and have their rights respected.
At such a moment in history, a movement that connects the dots between our many struggles is certainly the way forward. The plight of refugees—and how we treat them as a society—is a story that connects us all.
In late March, I sat in the gallery of the Supreme Court for the first time in my life. Throughout my 30 years of grassroots anti-poverty work, I’ve joined countless protests and vigils outside the Court. In 2018, I was even arrested and held in detention for praying on its palatial steps. Now, I was seated with a clear view of the nine justices of the nation’s highest court. I was there as a guest of immigrant rights lawyers, as their team made oral arguments in Noem v. Al Otro Lado, the most significant case on the right to asylum in decades.
In February, the Kairos Center (the organization I direct) authored an interfaith amicus brief on that very case, alongside 31 denominations and organizations representing faith traditions practiced by billions worldwide. Those groups, including the Alliance of Baptists, the Council on American-Islamic Relations, the Episcopal Church, the Evangelical Lutheran Church in America, Hindus for Human Rights, the Latino Christian National Network, the Presbyterian Church (U.S.A.), Reconstructing Judaism, the Union for Reform Judaism, the Unitarian Universalist Association, the General Synod of the United Church of Christ, and the General Board of Church and Society of the United Methodist Church, joined together to declare that our societal obligation to provide for persecuted outsiders is a universally shared moral principle.
Although the case has largely flown under the public radar, there is indeed a lot at stake. Filed on behalf of asylum seekers, Noem v. Al Otro Lado focuses on the legality of a 2018 Trump border policy blocking access to the U.S. asylum process for people arriving at the border with Mexico. Immigrant rights advocates argue that such a turnback policy, under which immigration officers physically stop people seeking safety at official border crossings from setting foot on U.S. soil, flouts decades of settled federal immigration law and our society’s most deeply held legal and moral values.
For more than a century, the government has been required to undertake a legal process of inspection when people seek asylum at official ports of entry along the U.S.-Mexico border (as they must inspect all noncitizens seeking admission to the United States). That requirement is supposed to ensure that this country doesn’t send vulnerable people back into danger without first allowing them to seek protection. A wide range of immigration lawyers and legal experts argue that the first Trump administration’s turnback policy, euphemistically called “metering,” directly undermined the government’s responsibility to process such asylum claims. As a result, vulnerable children, families, and adults were regularly forced to remain indefinitely stranded in perilous conditions in Mexico.
Although the turnback policy has not been in effect since 2021, when the Ninth Circuit Court of Appeals declared it unlawful, the Trump administration has asked the Supreme Court to review the case. Should the government win (which is all too possible given the hyperpartisan nature of the current Court), the consequences are sure to be grave and far-reaching. The Department of Homeland Security would have the legal backing to turn away untold thousands of desperate people at the border, potentially clearing the way for even more expansive border closures, while further intensifying the jingoistic nationalism that defines the Trump administration. Alongside other landmark cases this term, like Trump v. Barboza, in which the government seeks to undo the constitutional right to birthright citizenship, the results of Noem v. Al Otro Lado are likely to reveal the lengths to which the Supreme Court is willing to backstop the president’s assault on democracy, including accelerated attacks on the rights of vulnerable populations.
The day I was there, the existential stakes of that case and the larger societal crisis in which it was unfolding did not seem to concern the court’s conservative justices. I had the words of George Washington (written in 1788 to the radical Dutch republican Francis Van der Kemp) in my mind as I sat in the gallery: “I had always hoped that this land might become a safe & agreeable asylum to the virtuous & persecuted part of mankind, to whatever nation they might belong.”
Unfortunately, having heard the statements and reactions of some of the judges, I fear that the majority of the Supreme Court may no longer agree with that foundational vision for this country.
Courtroom Friezes and Draconian Law
The first thing that struck me on entering the Supreme Court gallery were the stone friezes on the walls of the room. Designed by Adolf Weinman more than a century ago, those large marble reliefs, featuring what he called the “great lawgivers of history,” tower over the space. Among them are prominent religious figures like Moses (holding a scroll of the Ten Commandments), King Solomon, Confucius, and a rendition of the Prophet Muhammad (that is entirely unrecognizable). The friezes also include Roman Emperor Octavian (otherwise known as Caesar Augustus, Jesus’s great nemesis), French King Louis IX (leader of the seventh and eighth crusades), and Draco (a Greek jurist whose legacy lurks in the word “draconian” because of the extreme measures he took to punish minor offenses).
As I stared at those figures, I reflected on the message they convey about the complex civilizational lineages from which the Supreme Court and our legal system derive their authority. In our amicus brief, we reflected on those varied lineages as they pertain to the right to seek asylum:
“Our asylum laws are the modern embodiment of a deeply rooted religious, cultural, and historical heritage that has consistently affirmed society’s obligation to provide refuge for those seeking safety. Asylum reaches back to some of the earliest moments of recorded human history. It was practiced throughout the ancient civilizations that forged the foundation of Western society. This tradition can also be found in the form of church sanctuary asylum, a mainstay of European culture for over a millennium.
“Our very nation began as a haven for persecuted political and religious minorities. This tradition is present throughout our history, from the practices of Native Americans to the Underground Railroad to modern times. Congress adopted our current asylum laws in significant part due to the efforts of faith-based groups seeking to uphold deeply held societal, moral, and cultural principles.”
Despite such deeply held and ancient principles, I couldn’t shake a sense of impending doom as I scanned the faces on the friezes and those of the justices. I thought of the awesome and awful power of Rome, depicted throughout the gallery, and its draconian reign of “peace” (or what Secretary of War Pete Hegseth recently termed “delivering peace through strength”). And I recalled the worsening anti-democratic and pro-oligarchic turn our own Supreme Court has taken in the Trump era.
Just consider the rulings from the past few years: the Court has essentially given immunity to the executive branch (although the Court is supposed to be a critical part of a federal system of checks and balances), criminalized homelessness (although the U.S. claims to be a nation of opportunity and prosperity for all), and degraded voting rights (cutting off the legs of our democracy).
Before oral arguments began in Noem v. Al Otro Lado, I was under no illusion that the Supreme Court delivers equality, freedom, and justice for all. And yet, on an issue as basic and legally sound as the right to seek asylum, I was still shocked by the flippancy of the court’s conservative judges. For hours, they rocked in their chairs, physically broadcasting their disinterest in the case. Rather than take seriously more than 100 years of legal precedent and hundreds more of long-established societal practice, they seemed to enjoy getting into hyper-specific and cherrypicked semantic and rhetorical arguments with Kelsi Brown Cochran, our lawyer.
In preparation for that day, I had brushed up on the history of U.S. asylum law. An important story in that history is the S.S. St. Louis, a ship that in 1939 was carrying 930 refugees from Hamburg, Germany, fleeing the Nazi regime, who were first denied entry to Cuba and then to the United States, only to be returned to Europe, where many of them were taken to the Nazi death camps.
Reflecting on that story at a pre-hearing press conference, Nicole Elizabeth Ramos, border rights project director at Al Otro Lado, a plaintiff in the case, offered this explanation:
“The right to seek asylum is not a policy preference or a loophole — it is a legal right and a moral commitment forged in the aftermath of the Holocaust. Seeking asylum is not like taking a number at a deli counter and waiting for your turn. You cannot ask someone fleeing rape, torture, or death threats to wait in danger indefinitely because a government has decided their lives are inconvenient. We filed this case because the United States has an obligation to follow its own laws — laws duly enacted by Congress. The question before the Court is whether those laws can be set aside by executive action, or whether they remain binding at the border, as written.”
In their apparent willingness to flout precedent and condemn modern-day asylees to harm or even death, the conservative justices unselfconsciously aligned themselves with American nativism and European fascism of the 1930s. If, in their final decision, they uphold Trump’s turnback policy, they will be affirming that, were the S.S. St Louis to sail again today, the ship would still be denied entry and its passengers asylum.
The Moral Crisis Is Not “Border Surges” But the Closing of the Border
The morning of those oral arguments, the Kairos Center and other faith organizations held an interfaith prayer vigil on the steps of the Supreme Court to call attention to the case. Reverend Michael Neuroth, director of the United Church of Christ’s Washington D.C. office, put the matter vividly: “Welcoming and protecting the stranger is not a minor tenet of our faith but is a foundational moral obligation in each of our traditions. Dismantling the right to asylum is morally wrong, strategically short-sighted, and increases insecurity here in our nation. We must be a nation of compassion, a place of refuge to those in need.”
The vigil was organized in the heart of the “holy season” amid Ramadan, Passover, and Easter. As billions of people globally engage in rituals of remembrance, repentance, deliverance, and liberation, our prayers and petitions focused not only on the legal precedent for the right to seek asylum, but on the moral imperative to do so. For Christians, protecting and welcoming the immigrant is one of Jesus’s first and most powerful teachings. It’s also among the highest moral commands of the Torah. As the prophet Jeremiah reminds us, “Do no wrong to the foreigner and do not shed innocent blood.” Asylum and societal hospitality are well-recognized rights within Islamic law and theology, a fundamental Hindu and Buddhist tenet, and part of Native American spiritual teachings.
In our interfaith amicus brief, we wrote: “As the many faiths practiced by this country’s citizens teach, a society that does not protect the least among us is a failed society.” As faith leaders, we had in mind not only the right to seek asylum, but the many ways the Trump administration has deepened and intensified a moral crisis at the heart of our society. We were thinking about the ongoing attacks on immigrant communities — from ICE-led campaigns of terror to family and child detention in places like Dilley, Texas. There was also the stripping of life-saving healthcare and food support from millions of Americans through cuts to Medicaid and the Supplemental Nutrition Assistance Program (SNAP); the criminalization and forced deprivation of LGBTQ+ people; and the prosecution of anillegal war that threatens the lives of so many in Iran and the broader region, as well as the livelihoods of billions of us across this globe.
In Noem v. Al Otro Lado, the Trump administration is attempting to mask its cruelty and despotism through banal legal arguments. By focusing semantically on when protections start for asylum seekers and debating the meaning of the term “arrives in” (as in this country, of course), its lawyers were ignoring the illegality and immorality of border agents blocking asylum seekers from crossing the U.S.-Mexican border and the larger question of whether the United States can any longer be a place of safety and protection for all families “yearning to be free” of violence and persecution.
The government is, of course, hoping that we don’t make the connections between the stripping away of asylum rights, the larger issue of immigrant rights, and the many other ways that it’s targeting “the least among us.” That’s a mistake we can’t make and where the teachings of our many faith traditions have encouragement to offer. In Buddhism, Christianity, Hinduism, Islam, Judaism, and more, love, justice, and peace are not parceled out only for certain people in certain places. Across our religions, all life is sacred, full stop!
No Turning Back for Anyone
Intermixed with the important lawgivers of history in that marble frieze in the Supreme Court gallery are engraved winged personifications of “Peace,” “The Rights of Man,” “History,” “Authority,” “Fame,” and more. Those winged characters form what looked to me like a Greco-Roman “choir of angels,” proclaiming “law and order” at the expense of rights and dignity for us all.
Sitting there, I reflected on just who was not in that room listening to those arguments or forcing the Supreme Court justices to face the very lives impacted by their decision. I thought about all those who will never have access to that courtroom, or justice of any sort for that matter, the millions of people struggling to fight for their communities and a future where everybody is in and nobody is out.
Those people are — or at least should be — our hope. They are the true “choir of angels” who came out for the recent No Kings Day demonstrations and are standing up for the rights and dignity of communities all over the country. They are also the people who are increasingly giving Donald Trump historically low approval ratings. And here’s the truth of these times: this administration has nothing to offer everyday people, other than hardened borders and wars that nobody wants.
At such a moment in history, a movement that connects the dots between our many struggles is certainly the way forward. Therefore, it seems fitting that the coalition that came together to fight this case and protect the rights of asylum seekers calls itself “No Turning Back.” It reminds me of a song by Emma’s Revolution that I’ve sung many times at protests and gatherings. Its key lines are a reminder of what we all need to keep in mind in this deeply disturbing Trumpian moment of ours:
“Gonna keep on moving forward
Keep on moving forward
Keep on moving forward
Never turning back
Never turning back”
Because indeed, there can be no turning back for any of us. Either we get there together or we never get there at all.
On Wednesday night, Jews sat down to the Passover seder and retold the story of how our ancestors, once welcomed into Egypt as refugees, were enslaved by a Pharaoh fearful of losing power. This year, it sounds like the news.
An authoritarian ruler seeks to consolidate his own power by stirring up fear about an immigrant population.
“These people are not like us,” he declares. “They are a potential fifth column, likely to join with our enemies and destroy us from within!” “We can keep ourselves safe only by controlling and oppressing them.”
On Wednesday night, Jews sat down to the Passover seder and retold the ancient story of how our ancestors, once welcomed into Egypt as refugees from famine, were enslaved by a Pharaoh fearful of losing power, and ultimately liberated through divine and human actions.
The Passover story has been retold in Jewish homes for millennia. This year, the ancient story tragically sounds like today’s news.
Now, the Supreme Court is considering overturning a core principle that once allowed those fleeing violence and oppression, my own great grandparents included, to find refuge in the United States.
President Donald Trump built his election campaign around stirring up fear of immigrants, refugees, and asylum-seekers, and, over the past year, has ramped up detentions and deportations, canceled temporary protected status for nationals of multiple countries, flooded major American cities with Immigration and Customs Enforcement (ICE) agents, and flouted US policy and international law by deporting people to third countries.
All these actions have been undertaken with intense cruelty. Families have been divided; mothers tackled in airports, on the streets, and in their homes; and people sent to prisons and to nations where they have no connections.
Now, the Supreme Court is considering overturning a core principle that once allowed those fleeing violence and oppression, my own great grandparents included, to find refuge in the United States.
The justices are deliberating on Noem vs. Al Otro Lado, which will determine the constitutionality of the US government’s policy of physically blocking asylum-seekers from presenting themselves at ports of entry along the Mexican border. Longstanding US law requires the government to allow asylum-seekers to request asylum at ports of entry, and to give these claims a fair hearing.
Instead, the US has been preventing asylum-seekers from even making a claim and instead forcing them back to Mexico, where they are often stranded without shelter, adequate food, or protection from violence.
All of the current Supreme Court justices identify as either Christian, mostly Catholic, or Jewish. We hope they look to our shared scripture as they consider their rulings.
The Torah commands the retelling of the story of slavery and liberation, and also specifies what lessons should be learned from this experience. “You shall not wrong or oppress the ger,” God commands, “for you were gerim in the land of Egypt.” (Exodus 22:20). The word ger (plural: gerim) most likely refers to a person who came from somewhere else to live among the Jewish people—in other words, an immigrant or a stranger. Versions of this directive appear 36 times in the Torah.
As God established a lasting covenant with the Jewish people, God also laid out a series of laws aimed at establishing a just society. Central among these are the commandments regarding just treatment of the ger, who “...should be treated equally under the law.” (Numbers 15:15)
God, Godself, cares for immigrants just as God cared for the Jewish people during the period of their slavery in Egypt. “[God] loves the ger, and gives them food and clothing.” (Deuteronomy 10:18) Acting as God acts demands not only protecting immigrants from oppression, but actively caring for their needs.
The Torah also offers a negative example of a society whose cruelty toward immigrants, travelers, and others in need condemns it to destruction. The evil city of Sodom is notorious for its inhospitality toward visitors. “This was the sin of your sister Sodom,” the prophet Ezekiel declares, “She and her daughters had plenty of bread and untroubled tranquility, yet they did not support the poor and the needy.” (Ezekiel 16:49)
The Talmud goes on to tell the story of one brave young woman who regularly sneaks food to a person in need, only to be tortured and killed once she is discovered.
These are the issues at stake in Noem vs. Al Otro Lado. When US officials turn asylum-seekers away at the border, rather than allowing them to plead their case, they are no different from the officials in Sodom who decreed, “Let us abolish the practice of traveling in our land.”
I've personally seen Jewish and other religious communities living out these ancient teachings. At the end of January, nearly 100 rabbis who are members of T’ruah, the organization I lead, half of whom live and work in Minnesota and half from out of state, joined some 600 other clergy to protest ICE in the Twin Cities.
These religious leaders are following the path that God has laid out, refusing to tolerate fearmongering or oppression of immigrants, and insisting on treating all people—whether born in the United States or elsewhere—justly, and according to a single legal code. The justices should do the same.
It’s been coming for months: the first big Vermont confrontation among ICE, the local police, and the community in a state that prides itself on caring for neighbors and individual liberty as well as collective responsibility.
The little boy with curly red hair clutched his huge stuffed bunny and stayed close to his mother, whose face was tight with anxiety. No wonder. Close by was a crowd of more than 100 protesters, clustered around a small white house with Immigration and Customs Enforcement agents in the back and local police in the front. A line of Vermont state troopers in their green uniforms was across the street on the median. There was a lot of yelling.
I took off my mask and asked the boy if he understood what was going on. He shook his head and put his thumb in his mouth. “The police want to get into the house to take someone away, and the rest of us don’t want them to because it’s not fair,” I said.
“Is he a bad guy?”
“We don’t think so.” The boy was about 3, the same age as the child who was trapped inside the house until his family decided whether it was safer to let him go to friends.
I keep thinking about the little boy frightened of the crowd and the noise. About those three people in the house from 8:30 am until 5:30 pm, then in a vehicle, now in detention. About their farewell to a 3-year-old child.
The red-haired boy’s mother said they couldn’t get through the protest, so I walked them around it, in the blocked-off street.
It’s been coming for months: the first big Vermont confrontation among ICE, the local police, and the community in a state that prides itself on caring for neighbors and individual liberty as well as collective responsibility. By the time the day was done, ICE broke into the house with the help of Vermont State Police, then arrested and removed three people, including two asylum-seeking sisters (ages 20 and 31) from Ecuador, according to Migrant Justice.
Thursday morning, the US attorney admitted that none of them was the person named in the warrant which ICE finally obtained after showing up without one. No mention was made of any criminal charges against the people who were removed from their home. Less than a dozen protesters were also detained, some violently: those who attempted to prevent ICE from entering the home or keep official vehicles from leaving. At the end of the evening, tear gas dispersed the remaining protesters and the final vehicle sped away.
The day began when ICE tried to trap a vehicle in which the driver attempted to escape, damaging several other cars in the process. Eventually the driver fled on foot, leaving the car behind. Only then were local police notified that ICE would attempt an arrest at a nearby address associated with the car. Police and protesters were both on the scene early. ICE officers said they had a warrant but were unable to produce one. Police first said that people had a right to protest but couldn’t on private property—but then the property manager arrived, asked to be shown a warrant, and said he was not asking the police to remove people.
Song broke out, led by Rabbi Grace Oedel. Someone brought a guitar. Soon hands linked around the house. A nearby business put up a tent, and snacks and supplies poured in. A local store sent pizza. Half a dozen ICE agents (some masked, mostly not) were hanging out in the backyard, waiting for the warrant. Most protesters were peaceful, but a few were angry and confrontational, taunting and insulting officers. Several people tried to cool the loud voices out to no avail, until a soft-spoken woman talked directly to an officer, and two angry young men backed off. The local police were in a very difficult position and overall showed restraint in the early part of the day. But after they called in the Vermont State Police, the tone of the situation changed. The warrant was on its way, and the die was cast.
The parking lot of a nearby mall suddenly swarmed with State Police vehicles, not only to transport them, but also what used to be called paddy wagons. Reporters later said that about 60 law enforcement personnel were involved at the height of the situation, including some in “tactical gear.” Soon, local and state police cars filled the street in front of the house, as well as unmarked ICE vehicles.
About 5:30 pm local time, after state troopers cleared a path from the ICE vehicle to the front door of the house, I watched what I’ve seen so many times on the news. An implacable man with a stony face stood in the doorway, after it was broken down. A line of helmets led up to that door. Lots of screaming, including my own, lots of whistles. Then a brown face in the doorway, a short man’s, full of fear. I was so upset that I didn’t even see the two women who were taken afterward. The crowd surged in front of the vehicles to keep them from leaving, shouting, “No están solos” (They are not alone). When the cars tried to back out, people blocked them again. Only the use of force cleared the path, and in the process a number of people were roughed up, sprayed with pepper spray, or pushed to the ground or against the cars. Some were arrested.
Thursday morning, in Vermont fashion, our Republican Gov. Phil Scott has attempted to issue a balanced statement and primarily blames the feds: “The actions of federal law enforcement, from outside the state yesterday, further demonstrates a lack of training, coordination, leadership, and outdated tactics which put both peaceful protesters and Vermont law enforcement in a difficult situation.”
The local South Burlington Police Chief William Breault also criticized the ICE approach, saying, “To attempt an arrest of a subject in a moving vehicle on Dorset Street in the area of a high school and middle school at 7:45 in the morning when the school is getting in was not probably the most appropriate.” In fact, MSN’s report of a press conference by the three local police departments says, “Police say they tried to convince federal agents to avoid the high-tension arrest.”
I keep thinking about the little boy frightened of the crowd and the noise. About those three people in the house from 8:30 am until 5:30 pm, then in a vehicle, now in detention. About their farewell to a 3-year-old child. About what the two asylum-seekers may have suffered before they came here looking for safety. For what we used to call the American Dream.
In the first year of Trump’s second term as president, it’s become clear that, for those seeking, or even granted, asylum, the United States is no longer a safe place.
Today, during my slog through the Substack messages, newspaper headline notices, and podcast reminders that hit my inbox every morning, two stories drew my attention. Both had to do with the fact that human beings have always moved around this planet, beginning long before there were any countries or maps to display the borders where one nation ends and another begins. I was reminded of a decades-old song by the Venezuelan singer Soledad Bravo, “Punto y Raya”—“The Dot and the Dash”:
Entre tu pueblo y mi pueblo hay un punto y una raya,
la raya dice no hay paso el punto vía cerrada
“Between your people and mine,” says the song, “there’s a dot and a dash. The dash says, ‘No entrance,’ and the dot, ‘The road is closed.'” Bravo goes on to say that, with all those dots and dashes outlining the borders of nations, a map looks like a telegram. If you walk through the actual world, though, what you see are mountains and rivers, forests and deserts, but no dots or dashes at all.
Porque esas cosas no existen, sino que fueron creadas
para que mi hambre y la tuya estén siempre separadas.
And she adds, “Because those things aren’t real, they were created so your hunger and mine would remain separated.”
Two morning news stories brought that song back into my mind, along with the human reality it expresses. Both appeared in the New York Times (and no doubt elsewhere). The first reported that the “United States population grew last year [between July 1, 2024, and June 30, 2025] at one of the slowest rates in its history.” Such a reduction in growth was in large part due to the Trump administration’s immigration policies. In 2025, immigration rates to the United States dropped by 50% compared to the previous year. Perhaps surprisingly, Trump’s vicious and deadly deportation efforts accounted for only about 235,000 of the 1.5 million-person net decline in immigration.
Much more significant were the barriers to entry created under Trump, largely through the influence of Stephen Miller, the man Steve Bannon has labelled the president’s “prime minister.” Those include the effective closing of our southern border to undocumented arrivals. The administration has also made legal entry to the US much more difficult in a variety of ways, including:
Why does it matter that the US population is growing more slowly while also aging? As the Times points out, this country “needs a large enough population of young workers and taxpayers to finance care for the nation’s older residents, whose numbers are swelling as the Baby Boom generation retires.” As any good Marxist will tell you, labor creates all wealth. In other words, a nation’s wealth (including that of its millionaires and billionaires) represents the accumulated value of work done by actual human beings. And that means an economy lacking enough workers will not be able to satisfy the grow-or-die logic of capitalism. Nor, if a reduction of the workforce is concentrated in jobs traditionally performed by immigrants, will that economy be able to feed its people. In other words, the stubbornly high price of groceries is not unconnected to the Immigration and Customs Enforcement (ICE) terror campaign around the country.
Immigration reductions are part of the story of slowing population growth, but there’s another piece of the puzzle. During the Great Recession that began with a mortgage meltdown in 2008, Americans began having fewer children. In my world of higher education, we’ve known about this precipitous drop for a while. It’s been described as a “demographic cliff” that would become a (predictable) emergency for college enrollment 18-20 years later—that is, now. The entire higher education sector, which has grown steadily since the institution of the GI Bill at the end of World War II, now faces layoffs, retrenchment, and the closing of institutions.
What of the second story I read this morning? It concerned Spain, a country taking an entirely different approach to immigration. I’ve been lucky enough to spend time in Spain, meeting there, in addition, of course, to Spaniards, farmworkers from Mali and other parts of francophone Africa, and Central American waiters and taxi drivers, who could use their native language in a new land. (I wonder if they sound to the Spanish much the way I do—like a hick from the faraway sticks.)
Like that of the United States, Spain’s population is aging, but its response is the opposite of the Trump administration’s. Our president and his minions have made it clear in word and deed not just that they want almost no new immigrants, but also which few they would consider accepting. “Why is it we only take people from shithole countries, right?” the president asked last December. “Why can’t we have some people from Norway, Sweden, just a few? Let’s have a few from Denmark,” he added. (Of course, that was before his spat with that country over his urge to take possession of Greenland.)
Unlike Trump’s crew, the Spanish government has issued a decree permitting undocumented migrants already in the country to apply for temporary residency, with permission to work legally there. Recognizing their contributions to fueling the major engines of the Spanish economy—agriculture, tourism, and construction—Spain has bucked a European and American tide of anti-migrant sentiment, the very one Trump sought to stoke with his remarks at the recent World Economic Forum in Davos. Because of mass migration, he opined, “certain places in Europe are not even recognizable.” Critics of Spain’s new policy on the left argue that the country has been less welcoming to African migrants, but the socialist government of President Pedro Sánchez denies this (at least publicly).
All of this has left me thinking about the sacrifices people make when they choose, or are forced, to find a new home nation. Those of us in the US, even many who support immigrants, documented and otherwise, can fall into a trap of believing that, given the choice, everyone would rather live here. But it’s not that simple.
I spent some time in the Nicaraguan war zone in the mid-1980s. In spite of everything I loved about the early days of that country’s revolution, and how angry I became at the campaign of sabotage and torture my country unleashed to support the anti-government “contras,” there were days when I ached for the familiarity of home. The Greek roots of the word nostalgia refer to the literal pain of not being in one’s home, which describes just what I felt. I missed the everyday ease of knowing how to act without giving offense. I missed automatically understanding what was happening around me as well as, in a war zone, being able to distinguish the difference between people’s ordinary behavior and preparing for a possible attack. Most of all, I missed the feel of my native tongue in my mouth and its sound in my ears.
I knew that I would be going home in a few months, which set a limit to my homesickness. But I remember wondering then what it would be like to be a refugee, to know I’d never truly be home again. I thought about my friend Tiana, a Brazilian emigre with many years in the US, who used to talk about how she ached to hear Brazilian Portuguese. “Everything we say sounds so much more affectionate in Portuguese,” she told me. “We don’t just ask someone to pass ‘the butter’; we call it ‘the little butter,’ like a pet name.”
My grandfather must have felt that same nostalgic ache. The story my father told me was this: In 1910, after the Cossacks came to my grandfather’s village in what is now Ukraine and killed his youngest brother, the family hid him under the hay in a horse-drawn wooden wagon and had him driven out of town. He then made his way across Europe to Antwerp in Belgium, where he boarded a ship for New York City with nothing more than the name and address of a distant cousin in Norfolk, Virginia, who’d paid for his passage. He was just 18. He would then work for that cousin, almost like an indentured servant, until he eventually saved up enough money to bring the rest of his family to this country. I found evidence to support this tale when I visited the Ellis Island website and found his name and the cousin’s address in Norfolk listed in the manifest of the ship he took from Antwerp.
All of this is on my mind a lot these days, because most weeks I spend some time accompanying people to immigration court hearings or to their appointments with ICE. Each time I do so, I’m struck by the courage it takes to leave your familiar home, however dangerous it may have become, carrying that ache of nostalgia with you, maybe for the rest of your life. Last week, I waited outside an imposing building in downtown San Francisco, while a woman I’ll call Celia entered for an ICE check-in. The last time she’d done that, in October 2025, she hadn’t come out. Instead, she was sent to one of California’s privately-run ICE centers, the California City Detention Facility (CCDF), where she was imprisoned for the next two months.
California Sen. Alex Padilla visited that detention center recently. Having been to many jails and prisons over the years, he reported that, among other things, he expected complaints about issues like the quality of the food. “But I was shocked,” he said, “at the amount and intensity of the complaints about lack of medical care. Like, even in prisons, even under conditions of war, there [are] basic standards that we are supposed to hold and maintain. That is not happening.”
A New Yorker story by Oren Peleg about the CCDF supports Padilla’s claims. Detainees with gastric ulcers, prostate cancer, bloody urine, heart failure, and other serious medical problems told Peleg that they couldn’t get the medications or treatment they needed. It seems that CoreCivic, the company that runs CCDF, may be withholding medical treatment to encourage people to leave the country “voluntarily.” That may help explain why eight medical positions, including those of a physician and a psychiatrist, have gone unfilled for months. As Peleg writes:
But staffing issues do not fully explain the lack of basic medical care at California City. "They do it so you give up," Julio Cesar Santos Avalos, who was a detainee at California City from September to November, told me. When he arrived at CCDF, Santos Avalos recalls a consistent push by staff for detainees to sign away their rights and self-deport. Instructions for how to self-deport are displayed prominently near phones where detainees communicate with their lawyers. Santos Avalos and many of the detainees and attorneys I spoke to believe the lack of medical care is part of that push.
Peleg concludes that the “detention center is aiming to make conditions so terrible that detainees stop fighting and decide to leave.” The case of Santos Avalos is particularly searing. He lives with “chronic pain owing to a foot deformity caused by childhood cases of polio and Guillain-Barré syndrome,” but he was denied pain medication and forced to sleep in a top bunk at the detention center. He eventually chose to return to El Salvador, a country he’d left at the age of seven. As is true for many immigrants who came here as children, the home he now aches for is one in the United States.
Imagine the courage it took for Celia to smile, give herself a shake, and walk through those doors, knowing that she could very well end up back at CCDF. That day, however, we were lucky. After about 30 minutes, she emerged through the large bronze doors free—at least until her next appointment in a few months (and assuming there’s no Bay Area ICE surge in the meantime). I say “we” were lucky, because, while my fears are minor compared to hers and those of other immigrants like her, I’m always afraid that someone I’m accompanying will be taken away, leaving me angry and helpless.
Like nostalgia, the word asylum has Greek roots. It suggests being free from someone else’s right of seizure, and so, by extension, “refuge.” When people come to this country seeking asylum, they are looking for refuge from horrors of all kinds: political oppression, familial or institutional violence, war, torture, you name it. An asylum is, by definition, a refuge, a safe place. That’s why institutions for people with mental illness used to be called “insane asylums.” (It’s been suggested that Donald Trump confuses the legal concept of seeking asylum with the term insane asylum, which is why he thinks that other countries are sending their mental patients here.)
An asylum should be a safe place, even if it may never feel like home. But in the first year of Trump’s second term as president, it’s become clear that, for those seeking, or even granted, asylum, the United States is no longer a safe place. Increasingly, as those two recent ICE murders in Minneapolis have shown, it’s not even a safe place for the rest of us.
In his poem “The Death of the Hired Man,” Robert Frost wrote:
Home is the place where, when you have to go there,
They have to take you in.
That’s what asylum is supposed to be in international law: the place where, when you have to go there, they have to take you in.
In these dark and frightening days, I often find a short sentence bubbling to the top of my mind: “I just want to go home.” I’m not quite sure what it means, but I think that, like so many people in Donald Trump’s America, I’m looking for a place that doesn’t yet exist, a refuge we will have to build with our own hands.
Seriously addressing this country's ongoing immigration crisis will require policy change, and to get to that point, there needs to be a narrative shift in this country away from indiscriminately criminalizing all undocumented people to humanizing them.
By now, we have heard the mantra that President Donald Trump was right to close the border, but wrong in his heavy-handed approach to immigration enforcement. We are also told that if he would have simply done what most Americans wanted, that is, arrest and deport violent criminals, then his poll numbers would be higher, and his administration wouldn’t find itself embroiled by crisis in the aftermath of two killings at the hands of federal agents in Minneapolis.
But this claim—that the problem with Trump's immigration agenda is mainly about enforcement tactics—is flawed.
Seriously addressing this country's ongoing immigration crisis will require policy change, and to get to that point, there needs to be a narrative shift in this country away from indiscriminately criminalizing all undocumented people to humanizing them.
To put this in perspective, we need to realize that for America to enforce its way out of our current immigration disaster would trigger events like what's happening in Minneapolis all over the country.
The enforcement-first rhetoric put forth by this administration and its supporters is dangerous for the violence it exacts on immigrants and citizens alike.
Considering two sets of numbers makes this clear.
The first is how apprehensions at the border have dropped to zero. Beginning with asylum restrictions put into place at the end of Biden’s term in 2024, the flow of people into the US has fallen steadily. This becomes an issue when noting another figure, specifically, the Trump administration's goal of making 1 million deportations a year.
Of the 14-or-so million undocumented people in the US now, according to the Pew Research Center, the majority are long-term residents with more than 15 years living in the country. Logically then, with border removals no longer a factor in deportation figures as they were in prior administrations, reaching the 1 million mark will mean going after people who have spent years, perhaps decades, living in the US without legal status.
Finding and apprehending those people who have become central to the fabric of their communities is what Immigration and Customs Enforcement (ICE) is doing in Minneapolis. The chaos seen in Minneapolis will continue elsewhere, as coworkers, neighbors, and our fellow parishioners will disappear, triggering anger, protest, and perhaps worse wherever federal agents are sent.
Border Czar Tom Homan, claiming that there would be calm in Minnesota if local officials would just let ICE into its jails, and how the government is going after the “worst of the worst,” is also doing nothing more than gaslighting.
Consider Texas, where we find 1 in 4 of every immigrant who has been arrested in the country.
The Lone Star state has the second-most local law enforcement agencies, at 167, trailing only Florida, that have partnered with the federal government to carry out Trump’s immigration agenda. State law that went into effect this year states that every police department must collaborate by year’s end.
Data from Texas don’t lie—ICE is not going after the “worst of the worst.” In fact, according to the Texas Tribune’s analysis of Department of Homeland Security data, nearly 60% of immigrants detained in the state have only the immigration-related offenses of either coming to the county without legal authorization, or residing here after their permits or visas expired. Figures nationwide on the immigrants in detention are the same. Administration officials, including Homan and Kristi Noem, neglect to mention these facts as they cherry-pick individual cases of violent criminals to distract the public from the community-destroying results of their enforcement actions.
Still, even with the numbers belying the administration's official line, immigration offenses are still, well, offenses.
This is why humanizing immigrants, especially by acknowledging their pathways to the US, is needed now more than ever.
Before legislative changes can be made—and there are many options currently in Congress, such as establishing legal pathways for undocumented farmworkers, children, and spouses of US citizens—we need to note that people come to the United States for many reasons outside of their control. How economic and political crises drive people away from their homes—as they did from Mexico in the 1990s in the aftermath of NAFTA, and most recently, from Venezuela and Nicaragua—point to factors beyond individual choice. As the data on detentions show, the vast majority come not to kill people or deal drugs, but to work, escape some form of oppression, or leave natural disasters. If you want further proof of this, then look at research—from Texas—showing that undocumented people commit crimes at a rate lower than native-born people.
The fact that we live in a volatile world also should make people rethink heaping praise on the Trump administration for closing the border, which in reality only asks for humanitarian crisis to take place there. Instead, we need a more durable, flexible approach to immigration that takes into consideration the reality that the world is not perfect, crises occur, and people may consider coming to the US. Thinking that central to immigration policy is sealing the border like a jar, is at best a childish fantasy, or at its worst, ideological fodder for white nationalists.
The point is that the enforcement-first rhetoric put forth by this administration and its supporters is dangerous for the violence it exacts on immigrants and citizens alike. The problem our country has with immigration is not enforcement tactics, but vision and basis for the policy area in the first place.
"Labour won't redistribute wealth from billionaires," said former party Leader Jeremy Corbyn. "But they will seize belongings from those fleeing war and persecution."
A new asylum policy announced Monday by the UK Labour Party will allow authorities to confiscate the jewelry and other belongings of asylum-seekers in order to pay for their claims to be processed.
The policy, which some critics said was "reminiscent of the Nazi era," was just one part of the Labour Party's total overhaul of the nation's asylum system, which it says must be made much more restrictive in order to fend off rising support for the far-right.
In a policy paper released Monday, the government announced that it would seek to make the status of many refugees temporary and gave the government new powers to deport refugees if it determines it to be safe. It also revoked policies requiring the government to provide housing and legal support to those fleeing persecution, while extending the amount of time they need to wait for permanent residency to 20 years, up from just five, for those who arrive illegally.
The UK government also said it will attempt to change the way judges interpret human rights law to more seamlessly carry out deportations, including stopping immigrants from using their rights to family life under the European Convention on Human Rights (ECHR) to avoid deportation.
In an article for the Guardian published Sunday, UK Home Secretary Shabana Mahmood called the reforms "the most significant and comprehensive changes to our asylum system in a generation." She said they were necessary because the increase in migration to the UK had stirred up "dark forces" in the country that are "seeking to turn that anger into hate."
Nigel Farage, the leader of the far-right Reform UK Party, is leading national polls on the back of a viciously anti-immigrant campaign that has included calls to abolish the UK's main pathway for immigrants to become permanent residents, known as "leave to remain."
Meanwhile, in September, over 100,000 people gathered in London for an anti-immigrant rally led by Tommy Robinson, a notorious far-right figure who founded the anti-Muslim English Defence League (EDL). The event saw at least 26 police officers injured by protesters.
Last summer, riots swept the UK after false claims—spread by Robinson, Farage, and other far-right figures—that the perpetrator of the fatal stabbing of two young girls and their caretaker had been a Muslim asylum-seeker. A hotel housing asylum-seekers was set on fire, mosques were vandalised and destroyed, and several immigrants and other racial minorities were brutally beaten.
Mahmood said that if changes are not made to the asylum system, "we risk losing popular consent for having an asylum system at all."
But as critics were quick to point out, the far-right merely took Labour's crackdown as a sign that it is winning the war for hearts and minds.
Robinson gloated to his followers that "the Overton window has been obliterated, well done patriots!" while Farage chortled that Mahmood "sounds like a Reform supporter."
Many members of the Labour coalition expressed outrage at their ostensibly Liberal Party's bending to the far-right.
"The government should be ashamed that its migration policies are being cheered on by Tommy Robinson and Reform," said Nadia Whittome, the Labour MP for Nottingham East. "Instead of standing up to anti-migrant hate, this is laying the foundations for the far-right."
In a speech in Parliament, she chided the home secretary's policy overhaul, calling it "dystopian."
"It's shameful that a Labour government is ripping up the rights and protections of people who have endured unimaginable trauma," she said. "Is this how we'd want to be treated if we were fleeing for our lives? Of course not."
The UK has signed treaties, including the ECHR, obligating it to process the claims of those who claim asylum because they face persecution in their home countries based on race, religion, nationality, group membership, or political opinion. According to data from the Home Office, over 111,000 people claimed asylum in the year from June 2024-25, more than double the number who did in 2019.
The spike came as the number of people displaced worldwide reached an all-time high of over 123.2 million at the end of 2024, according to the Norwegian Refugee Council, with desperate people seeking safety from escalating conflicts in Sudan, Ukraine, Myanmar, the Democratic Republic of Congo, and across the Middle East.
In her op-ed, Mahmood lamented that "the burden borne by taxpayers has been unfair." However, as progressive commentator Owen Jones pointed out, the UK takes in far fewer asylum-seekers than its peers: "Last year, Germany took over twice as many asylum-seekers as the UK. France, Italy, and Spain took 1.5 times as many. Per capita, we take fewer than most EU countries. Poorer countries such as Greece take proportionately more than we do."
The Labour government, led by Prime Minister Keir Starmer, already boasts that it has deported more than 50,000 people in the UK illegally since it came to power in 2024, but it has predictably done little to satiate the far-right, which has only continued to gain momentum in polls despite the crackdown.
Under the new rules, it is expected that the government will be able to fast-track many more deportations, particularly of families with children.
The jewelry rule, meanwhile, has become a potent symbol of how the Labour Party has shifted away from its promises of economic egalitarianism toward austerity and punishment of the most vulnerable.
"Labour won't redistribute wealth from billionaires," said former party leader Jeremy Corbyn, who is now an independent MP. "But they will seize belongings from those fleeing war and persecution."