As President Donald Trump tightens the country’s immigration policies, lawmakers in Democratic-led states are proposing modern measures that could create legal hurdles for federal immigration officials and assist immigrants without legal status avoid deportation.
The resistance efforts in California, New York and other states provide a counterpoint to the many Republican-led states pushing measures to support Trump’s crackdown on illegal immigration, highlighting a national divide.
In his first week in office, the Trump administration halted the arrival of refugees; accelerated deportations; sent military troops to the southern border; Repeal longstanding rules restricting immigration near schools, churches and hospitals; tried to abolish birthright; and directed federal prosecutors to investigate state or local officials they believe are obstructing his crackdown on illegal immigration.
Hundreds of immigration bills have already been introduced in states and more action is expected next week. Republican governors. Ron DeSantis of Florida and Bill Lee of Tennessee have called special sessions for Monday to support Trump’s immigration agenda.
Meanwhile, Democrats in states like Connecticut, Hawaii, Massachusetts, New Mexico, Oregon and Washington are supporting measures to expand health care and higher education for immigrants, restricting landlords from inquiring about immigration status or blocking government agreements to open modern immigrant detention centers.
Many adults in the U.S. support stronger security at the southern border and deporting illegal immigrants in the U.S. convicted of violent crimes, according to a poll by The Associated Press-NORC Center for Public Affairs Research. However, some measures are met with less consensus. About four in 10 American adults support deporting all immigrants living in the U.S. illegally, while a similar share oppose it.
Legal aid to combat deportation
Unlike criminal courts, there is no constitutional right to a state-funded attorney in immigration courts. As Trump ramps up his deportation efforts, some government measures would assist fund lawyers to defend people facing immigration proceedings.
One leader of such efforts is New York Rep. Catalina Cruz, who came to the U.S. from Colombia at age 9 and remained without legal status for more than a decade before gaining lasting residency and becoming a U.S. citizen and lawyer.
Cruz has filed more than half a dozen bills supporting immigrants. One would assert a right to counsel in immigration proceedings in New York or elsewhere under state law if the immigrant lives in New York. Another would authorize government grants to organizations to hire, train and equip staff to provide legal assistance to people facing deportation.
“In a world where mass deportations are imminent,” the legislation “gives people the opportunity to fight for their cases, for their families and for their rights,” Cruz said.
Cruz estimates that 60% of residents in her New York legislative district are non-citizens, adding, “People are terrified.”
New York is among several states that already fund legal aid for immigrants. But advocates want about twice as much money as Democratic Gov. Kathy Hochul has proposed.
“This is a moment when investing in due process and fairness for vulnerable immigrants in New York is essential,” said Shayna Kessler, director of a universal representation initiative at the nonprofit Vera Institute of Justice.
Helping immigrants seeking legal status
Some proposed legislation would also fund lawyers who could assist immigrants obtain legal residency.
A bill from Oregon state Sen. Lisa Reynolds would require the state’s Department of Human Services to provide grants to nonprofits to assist noncitizens change their immigration status or obtain lawful lasting residency to obtain. It would provide $6 million to start the program during the budget biennium beginning in July.
“Oregon has a very proud tradition of doing everything we can to help those who have recently immigrated to our state from other countries, and especially those who were political refugees,” Reynolds said. “We all feel that the urgency has increased a little bit around this.”
Since 1987, Oregon law has prohibited law enforcement officers from “locating or detaining any person for the purpose of enforcing federal immigration laws.” Voters in 2018 rejected a ballot measure that would have repealed the so-called sanctuary law.
A protective shield for schools with students with a migration background
Earlier this week, the Trump administration repealed policies that for more than a decade had prevented federal agencies from conducting immigration enforcement in sensitive locations such as schools, churches and health care facilities. Some parents now fear raids on schools.
According to The Children’s Partnership, a Los Angeles-based nonprofit, about one in five children in California live in families where at least one person lacks legal status.
Al Muratsuchi, a member of the California Assembly and chairman of the chamber’s education committee, is supporting legislation that would make it harder for U.S. Immigration and Customs Enforcement agents to enter schools and day care centers.
The bill would require federal officers to have a warrant, a written notice of intent, a valid identification card, and approval from a facility administrator. If these criteria are met, federal immigration agents would still be able to enter only areas where children are not present.
Muratsuchi said he began working on the legislation as soon as Trump was elected.
“Protecting all of our students, including our immigrant students, is a top priority,” Muratsuchi said.
