ICE, Lies, and Videotape

Last week, an ICE agent in Minneapolis fatally shot Renee Good, a U.S. citizen and mother of three. Ms. Good was in her vehicle protesting an ICE enforcement action in her city. Most people who have seen the various videos (including me) view the killing as completely unjustified or–at a minimum–believe that the incident requires a fair investigation to determine exactly what happened. Unfortunately, that did not stop President Trump and his team from quickly labeling Ms. Good a domestic terrorist and professional agitator, who the ICE agent shot in self defense. 

The killing and the Administration’s callous response have sparked mass protests in Minnesota and throughout the United States.

It’s difficult to know what to say about this terrible shooting and the subsequent attacks on Ms. Good, but for me, the incident fits a familiar pattern. The Trump Administration lies about anyone it does not like, and then uses those lies to justify harming that person. The difference here is that the harm came first and the lies came afterward. Also, the video evidence allows us to see for ourselves how the Administration is mischaracterizing events.

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Violence, Terror, and Hypocrisy: The Dallas ICE Shooting

Last week, a 29-year-old man opened fire on an ICE facility in Dallas, Texas. One detained migrant was killed and two others were injured. The shooter died of a self-inflicted wound.

DHS quickly concluded that this was “an attack on ICE law enforcement,” and the Acting U.S. Attorney for the region noted the “tragic irony” that migrants were harmed rather than ICE agents. DHS Secretary Kristi Noem called out “the far-left,” and said that comparing ICE to the “Nazi Gestapo, the Secret Police, and slave patrols has consequences.”

For an Administration that has consistently dehumanized, demonized, and lied about non-citizens, the idea of blaming far-left rhetoric for the Dallas attack is richly hypocritical. So too is the “irony” that migrants were harmed instead of ICE agents, which assumes that the murderer was somehow trying to help immigrants. Despite all this, I think it’s worth exploring whether anti-ICE rhetoric is contributing to increased violence and whether there might be more effective ways to talk about the government’s aggressive approach to immigration enforcement.

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The Latest Bad News (and a Few Silver Linings)

It’s not easy these days to find good news in immigration world. Families torn apart, Constitutional protections under siege, humanitarian migrants sent to random third countries, work places raided, detention centers filled beyond capacity, &tc., &tc. It’s difficult to keep up with all the negative developments, but two decisions from earlier this month stand out–one from the Board of Immigration Appeals (BIA) and another from the U.S. Supreme Court. These decisions are particularly pernicious and will potentially harm millions of people. 

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Freedom Isn’t Free – It’s Very Expensive

By now, you’ve probably heard that USCIS and EOIR (the Executive Office for Immigration Review – the office that oversees our nation’s Immigration Courts) have dramatically increased fees for many applications.

It seems to me that one purpose of these new fees is to make it unaffordable for non-citizens to obtain status in the United States. Another purpose is to make it more difficult for non-profits to assist indigent people seeking protection in our country. 

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Do You Have a Pulse? Congratulations! You’re Qualified to be an Immigration Judge!

A new final rule from the Executive Office for Immigration Review (EOIR), the office that oversees our nation’s Immigration Court system, has substantially relaxed the requirements for serving as a Temporary Immigration Judge. Under this rule, people with little or no immigration experience can decide whether asylum seekers and other non-citizens are entitled to remain in the United States or must be deported. 

Adding insult to injury, the rule also changes the language in the Code of Federal Regulations, and so now, instead of the term “noncitizens,” the CFR will refer to “aliens.” 

Here, we’ll discuss these changes, and how they might impact “aliens” in Immigration Court. 

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The USCIS Thought Police and How “Wrong” Thinking Can Get You Deported

A new memo from USCIS states that anti-American and antisemitic ideologies are a basis to deny most types of immigration applications, including asylum. The meaning of these terms is vague (at best), and so once again, non-citizens are left to wonder what they can and cannot do, say or think, which may lead to trouble in immigration land. 

Luckily, I am here to fill this unfortunate information void with unfounded speculation. And so below, you will find the top 10 anti-American and antisemitic ideologies that can kibosh your immigration application with USCIS.

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Should I Stay or Should I Go? On the Morality of Working in Immigration Enforcement

The case of Adam Boyd, an ICE attorney who resigned for “moral” reasons has recently gotten some attention. Mr. Boyd noted that “We still need good attorneys at ICE. There are drug traffickers and national-security threats and human-rights violators in our country who need to be dealt with. But we are now focusing on numbers over all else.” In other words, Mr. Boyd felt he could no longer work for an agency that has shifted its focus from deporting criminals, to one that is focused largely on removing anyone they can get their hands on. 

Mr. Boyd’s situation exemplifies the dilemma faced by many federal employees whose jobs involve immigration enforcement–at ICE, DHS, DOJ, USCIS, and other agencies: is it possible to continue in the job and still be a moral person? During most of the first Trump Administration, I think the answer to this question was generally “yes.” This time around, I am not so sure.

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Targeting Pro-Palestinian Students (and Why That’s Bad for the Jews)

The Trump Administration has been targeting pro-Palestinian activists under an obscure provision of the Immigration and Nationality Act (INA), which provides, “An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.” See INA § 237(a)(4)(C)(1). Under this section, Marco Rubio, the Secretary of State, can basically designate any non-citizen for deportation.

Until recently, this provision was rarely used, but now, the Trump Administration seems intent on labeling hundreds of non-citizens–mostly students who have expressed opposition to Israel’s war in Gaza–as people whose presence in the U.S. has “potentially serious adverse foreign policy consequences,” thus rendering them deportable. 

Here, we’ll discuss INA § 237(a)(4)(C)(1) and some policy implications of its widespread use.

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If TPS Is Cancelled, Could Asylum Be an Option?

In the waning days of the Biden Administration, DHS extended Temporary Protected Status (“TPS”) for Venezuelans until October 2026. Last week, the Trump Administration rescinded that decision. As a result, hundreds of thousands of people from Venezuela are set to lose status over the next several months.

For Venezuelans–and people from other countries who may lose TPS–what are the options?

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