There is a lot of news this week, so we’re going to get right into it today:
Lorenzo Salgado Araujo
Lorenzo Salgado Araujo should be alive today. Instead he was killed by ICE agents on Tuesday on his way to work.
According to his son, he spent thirty years building houses in the suburbs of Houston – including his own where he raised three sons. Federal agents in an unmarked vehicle shot him at 6:55am, as he was on his way to pick up workers on his construction crew. He died in the hospital. Bystanders recorded videos of the shooting.
No one from ICE, the Department of Homeland Security, or any law enforcement agency contacted Salgado Araujo’s family. They had to find out on social media.
Much like the aftermath Renee Good’s murder in Minneapolis, ICE claimed Salgado Araujo “weaponized his vehicle.” The agency hasn’t released any evidence to back up this claim, and eyewitnesses dispute ICE’s claim.
At a press conference in Houston on Wednesday morning, his son Ronaldo remembered his life: “He did not deserve to be reduced to a headline of ‘Mexican man shot and killed by ICE.’ He deserved to live a quiet life as Lorenzo Salgado Araujo — a husband, a father, and a job creator for dozens of men who also wanted the American dream.”
Ronaldo Salgado and the rest of Lorenzo’s family is calling for a full and independent investigation into this killing, run by authorities in Houston, rather than the federal government.
Salgado Araujo’s murder happened while ICE has been increasing its arrests. The agency reportedly detained 10,000 people in five days at the end of June. Officials told the New York Times that 2,000 arrests a day is the new standard for enforcement.
This is a developing story and local groups are organizing a response to both Salgado Araujo’s murder and this increase of ICE arrests. More information to come.
Supreme Court
Birthright Citizenship
The case that made the most headlines at the end of the Supreme Court’s term was Trump v. Barbara, which upheld birthright citizenship as protected in the 14th Amendment to the Constitution.
The 14th Amendment, which was written in the aftermath of the Civil War, grants citizenship to anyone “born or naturalized in the United States, and subject to the jurisdiction thereof.” In the majority opinion, the court upheld the Wong Kim Ark case from 1898, which ruled that a man born in San Francisco to parents of Chinese descent, was an American.
As the Chief Justice wrote in his majority opinion, “What the Court held in Wong Kim Ark was simple, the Citizenship Clause… granted citizenship to nearly all children born in the United States. Not surprisingly, then, in the 128 years since, we have repeatedly understood the rule to guarantee citizenship to all children born in the United States and subject to its power.”
This is a victory. The president tried to rewrite the Constitution using an executive order and the court told him he could not. As OneAmerica’s Executive Director Roxana Norouzi wrote in a statement after the decision, “no president has the power to decide which child is worthy of being “American enough.”
“Birthright citizenship has enabled families to place roots, pursue opportunities, and build a stronger America and vibrant Washington state.” It has allowed generations of immigrants to establish themselves in the US. And it is the law of the land.
However, this case also was closer than it should have been. The judges upheld birthright citizenship with a 6-3 majority. And while the headlines trumpeted this as a defeat for the president, his mass deportation agenda is stronger than ever after this Supreme Court term.
Precarious Status
Three other cases decided in the last weeks of the Supreme Court’s term all push more immigrants into a place where they don’t have status.
The first, Blanche v. Lau erodes due process for legal permanent residents. In this case, a green card holder with a pending, unproven charge left the country. When he returned, federal agents stopped him and took away his green card.
The Supreme Court ruled 6-3 that border agents don’t need “clear and convincing” proof of a crime to stop green card holders who are returning to the US. This will make it more difficult for legal permanent residents to reenter the US after traveling out of the country. Simply being accused of a crime could be enough to place someone into removal proceedings.
If you’re a green card holder and you’re suspected of a crime, consult an attorney before traveling abroad.
Another case, Mullin v. Doe, ends temporary protected status (TPS) for people from Haiti and Syria.
We wrote about TPS in a newsletter a couple months ago. Essentially TPS is U.S. immigration designation for foreign nationals from countries experiencing ongoing armed conflict, environmental disasters, or extraordinary, temporary conditions. There are currently about 1.3 million people living in the US under TPS. People in the US under TPS can work, but they cannot apply for legal permanent residency or naturalize. Some people have had TPS since they were children. People have grown up in the US and established families here.
Every president since the program was established in 1990, with the exception of Donald Trump, has supported TPS. His administration has been trying to undo TPS protections as they come up for renewal, but these attempts have been caught up in lawsuits.
Now the Supreme Court has ruled that lower courts can’t question whether the president can end TPS status. This ruling will make people undocumented practically overnight.
As one Haitian immigrant in Spokane said, “People keep saying TPS is temporary… But people weren’t given a pathway to apply for next steps.”
USCIS has announced that TPS for Haiti has been extended until July 24. TPS for Syria will expire on July 17.
While this case was about TPS holders from Haiti and Syria, it clears the way for the executive branch to remove TPS protections from other groups too.
Finally, Mullin v. Al Otro Lado prevents people from seeking safety in the US through asylum.
Unlike being a refugee, where a case is decided while someone is still aboard, to receive asylum, you must be physically in the US. The right to seek asylum is protected under international law. If you’re no longer safe in your country, you should be able to seek refuge in another country.
However, the Supreme Court ruled that federal agents can legally block people from stepping on to US territory. This means people will not be eligible to apply for asylum in the US. Instead, asylum seekers will be forced to stay in Mexico.
The cumulative effect of these cases is that more people will have legal status taken away from them. This means more of our neighbors will be arrested, detained, and deported. More people will be unable to escape dangerous situations, and more families will be separated.
This has been the Trump administration’s plan all along: make it harder to immigrate in the first place. Make life harder for immigrants who are already in the US. And make it more difficult to naturalize.
That’s why birthright citizenship is not enough. It’s the floor, not the ceiling.
Ultimately, we get to define who is American and who belongs. Not the courts and not the president. The fight is long, but we can’t give up.
Fee Increases
Another attack on citizenship came recently, when USCIS proposed raising the cost of applying for citizenship by more than 75%. This is one place where we need to fight back.
Right now, to file an N-400 – an Application for Naturalization – costs $760 if you file using a paper copy and $710 if you file by mail. Under this rule, filing fees would increase to $1,330 for paper applications and $1,280 for online ones. This proposal would also get rid of fee waivers and reduced fee applications for low-income applicants.
This is a step toward making citizenship a luxury only the rich can afford.
The proposed fee increases for N-400s come on top of other fee increases in recent months. Just last month, the cost of filing a Form I-246, which allows people under final removal orders to request a stay of deportation, increased by 387%.
The goal of this change is to make it harder for people to become Americans. Becoming a citizen opens up opportunities for immigrants. It allows people to have their voices heard and shape their communities by voting. And, at a time when the federal government has a goal of detaining 2,000 immigrants a day, it offers safety and security.
However, this fee increase is not finalized yet. When a new rule is proposed by a federal agency, the public has a right to comment on it.
Comments are important for two reasons. Ideally they give a federal agency more information and insight into how regulations will impact people. They also are public record. Even if an agency ignores the comments and enacts a rule anyways, lawsuits can use comments as proof that an agency did not take public will into account.
Anyone can submit a public comment. You just need an email address. We have a tool on our website to help you draft your own, but make sure to personalize it. The most effective comments share your story and your concerns.
Comments are due on August 24th. Take five minutes and submit one today.
Additionally, because these fees are not finalized, the current fees are still in effect, so if you’re eligible to apply for citizenship, you can still do so at the current price.
The News
Sister Letty
“Sister Letty’s rosary is still in an ICE evidence bag somewhere. Nobody at the Department of Homeland Security will say where, or why agents took it off her in the first place.” (Migrant Insider)
Sister Leticia Ugboaja, a nun and registered nurse who has lived in Texas for about a decade, was arrested by ICE while on her way to mass. She was held for hours before being released. ICE won’t say why.
Preclearance
“Washington ‘is one of the leading states on voting rights and this advances the obligations many of our public servants hold to preserve them.’” (Washington State Standard)
After nearly a decade of organizing by organizations including OneAmerica, Washington passed a preclearance law earlier this year to prevent discrimination at the ballot box. The attorney general’s office announced earlier this week that three local governments in Washington – Pasco, the city of Yakima, and Yakima County – will need the state’s sign off before implementing new voting procedures.
Fighting Back
“A lot of my friends, they can stand up for themselves, but I want to be there to help just in case they can’t.” (KUOW)
A KUOW reporter attended an end of year art show at Foster High School in Tukwila, where fourth-graders were sharing their stories, art and songs about coming to the United States – and remembering friends who aren’t in the US anymore.
Mega Masters Hearings
“Mega master hearings is scheduling gone mad, but madness with a purpose: manufacturing deportations at the expense of due process.” (Seattle Times)
On June 23, the first mega masters hearing was held at Seattle’s immigration court. These are large group master calendar hearings, pushed by the Trump administration to speed up deportation cases.
The first one of these involved cases for 117 people.
If you or someone you know gets summoned for one of these hearings for your immigration case, you need to attend. The Northwest Immigrant Rights Project put out videos yesterday in English and Spanish explaining what immigrants need to know about these hearings.
Northwest ICE Processing Center
“The state has the right to inspect private detention facilities like the one run by GEO and investigate complaints of unsafe and unsanitary conditions.” (Washington State Standard)
Some late breaking, good news: a judge ruled that GEO Group – which runs the Tacoma immigrant detention center – must allow Washington State health inspectors into their facility in Tacoma. The Department of Health has received over 3,500 complaints about the detention center, but because GEO Group has been stalling for years, the state has had no way to investigate them.
Take Action
Demand Justice for Lorenzo Salgado Araujo. Sign LULAC’s petition demanding a full, transparent investigation into his shooting by ICE agents.
Submit a Comment to Oppose Raising Naturalization Fees. Citizenship should not be a luxury good. Submit a comment before August 24.
Sign up for Constitutional Observer Training. Indivisible is training constitutional observers to help ensure people’s rights are respected during interactions with immigration enforcement agencies. These trainings prepare people to document and report what they witness. Trainings are on Tuesday nights and you can join from anywhere.
Join us for our July Immigrant Rights Updates. We’ll be talking about the Supreme Court decisions, federal regulation changes, and organizing around the ICE surge on July 22 from 5pm to 6pm. Register today.