by Staff Reporter | Feb 11, 2025 | News
By Staff Reporter |
Attorney General Kris Mayes joined a secret compact with 21 other attorneys general to resist President Donald Trump’s efforts to end birthright citizenship.
The Heritage Foundation’s Oversight Project obtained the secretive agreement, dated a little over a week after Trump won reelection.
Per the agreement, the 22 attorneys general agreed to engage in collaborative legal and communicative efforts to resist Trump’s immigration enforcement initiatives, including those deemed confidential and/or privileged.
Per the agreement, all shared information would be used for the development of processes such as pre-suit investigations, litigation strategies, complaints, dispositive motions, merits briefs, and amicus briefs. The agreement prohibited third parties from accessing any of this shared information. The agreement extended its definition of shared information to include all documents, materials, information, and communications exchanged between the attorneys generals’ offices prior to the agreement.
The agreement did allow for public records access to the shared information, but required the attorneys general to give five days’ notice, minimum, to the other attorneys general about the request before it was due.
“The Parties have agreed that they have a common interest in developing potential litigation to challenge executive action related to ending or curtailing birthright citizenship,” stated the agreement.
The other attorneys general to enter the secretive agreement oversaw California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, New Jersey, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, as well as Washington, D.C.
The city and county of San Francisco, California also joined the agreement last month.
Trump issued an executive order ending birthright citizenship during his first day in office. The order extends to children born of illegal immigrant parents in the U.S. It prohibits the federal government from issuing or accepting citizenship documents from persons born under those circumstances after its effective date, which is scheduled to take place later this month.
“[T]he Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof,’” read the order.
The order flies in the face of longstanding court precedent on the matter.
That precedent led three federal judges in separate cases to block Trump’s executive order ending birthright citizenship. The first two occurred in Washington and Maryland, with the third occurring on Monday in New Hampshire.
Mayes joined Arizona to the case blocked in the Washington district court earlier this month. Based on the timeline of the secretive agreement and the filing of their lawsuit, it appears the case emerged directly from that agreement.
“The court’s decision to block this illegal executive order nationwide protects the basic right to birthright citizenship guaranteed by the 14th Amendment,” said Mayes. “I will keep fighting to protect the Constitutional rights of all Arizonans from the Trump administration’s illegal actions.”
Several of those states signed onto the secretive agreement — Washington, Oregon, and Illinois — were partnered on the lawsuit with Mayes.
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by Staff Reporter | Jan 30, 2025 | News
By Staff Reporter |
Over 7,300 illegal aliens have been deported in President Donald Trump’s first week in office, per the Department of Homeland Security (DHS).
DHS published this latest dataset on Monday. Following Trump’s inauguration, DHS and Immigrations and Customs Enforcement (ICE) began posting daily updates with immigration enforcement totals.
DHS reported that among these 7,300 apprehensions were “hundreds of convicted criminals” for crimes such as sexual assault and rape, robbery, burglary, aggravated assault and battery, drugs and weapons offenses, domestic violence, suspected terrorism, firearms trafficking, kidnapping, vehicular manslaughter, driving while impaired, and possession of an illegal substance.
This latest update follows the Senate’s confirmation of South Dakota Gov. Kristi Noem last Saturday as Trump’s DHS secretary.
“Ensuring Americans’ safety and securing the border is President Trump’s and Secretary Noem’s top priority,” stated DHS.
DHS also reported that their novel implementation of deportation flights returned many of these detained illegal aliens to Mexico, Jordan, Brazil, and El Salvador.
In remarks made Monday during the House GOP’s annual Congressional Institute conference, Trump declared his administration’s use of military planes for deportations marked a historic approach to U.S. immigration enforcement.
“For the first time in history, we are locating and loading illegal aliens into military aircraft and flying them back to the places from which they came — and made clear to every country they will be taking back their people,” said Trump.
Per data provided by ICE in their daily enforcement updates, as of Monday there were over 3,500 arrests and 2,650 detainers lodged since Trump took office.
Under Trump, immigration and law enforcement officials have also begun “enhanced targeted operations” on major hotspots for illegal aliens. On Sunday, ICE announced a partnership on such an operation with the FBI, ATF, DEA, CBP, and Marshals Service to enforce immigration law in Chicago, Illinois.
“For the record: targeted enforcement operations are planned arrests of known criminal aliens who threaten national security or public safety,” stated ICE.
Chicago considers itself a “sanctuary city.” Chicago and other cities which adopted this status are now under investigation by the House Committee on Oversight and Government Reform, per a letter sent to local leaders on Monday. Other sanctuary cities named in that letter were New York City, New York; Denver, Colorado; and Boston, Massachusetts.
Although Phoenix declined years ago to declare itself a sanctuary city officially, Phoenix Mayor Kate Gallego maintains a position similar to those maintained by sanctuary city leaders. Last November, in the weeks following Trump’s election, Gallego declared that no city resources would be used for mass deportation efforts.
“I can say without equivocation that as long as I’m mayor, Phoenix will not use its police department—or any city resources whatsoever—to assist in mass deportation efforts by the Trump Administration,” said Gallego in a statement to Arizona’s Family.
Phoenix Police Department policy set years ago requires sergeant approval prior to contacting ICE.
Reportedly, Phoenix city leaders plan to meet privately for legal advice on the Trump administration’s immigration policies. The Department of Justice issued a three-page memo last week directing U.S. attorneys to investigate any state and local officials who refuse to cooperate with immigration enforcement.
“Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands or requests,” read the memo from acting Deputy Attorney General Emil Bove.
The Trump administration put in a workaround to these refusals by major cities on immigration enforcement. Several days after Trump’s inauguration, then-acting Homeland Security Secretary Benjamine Huffman issued an internal memo granting immigration enforcement authority to law enforcement agents throughout various agencies, as reported exclusively by The Wall Street Journal.
Days later, the Phoenix office of the DEA announced its partnership with the DOJ and DHS in carrying out illegal alien apprehensions. Like its federal peers, the Phoenix DEA has taken to posting about their work with greater frequency since their Sunday announcement of a federal partnership.
Like Phoenix city leadership, Tucson’s city leaders vowed in a press release to not participate in any federal immigration enforcement efforts.
In his first week in office, Trump’s administration also ended the CBP One app enabling illegal entry into the border, and repealed ex-Secretary Alejandro Mayorkas’ memo limiting ICE agents.
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by Staff Reporter | Jan 29, 2025 | Education, News
By Staff Reporter |
The Phoenix Union High School District (PXU) passed a resolution declaring its right to refuse entry to federal immigration officials on school grounds.
During a special meeting last Friday, the PXU Governing Board unanimously passed its “Safe Zone Resolution” which designated PXU as a “Safe Zone.”
Under this “Safe Zone” designation, the governing board claimed, PXU officials reserve the right to deny Immigration and Customs Enforcement (ICE) entry to any campus.
The governing board required ICE — as well as any state or local law enforcement agencies acting for ICE — to submit a request to Superintendent Thea Andrade or her designee for review. PXU asserted that Andrade or her designee had the authority to review whether each requested instance of campus access by immigration enforcement would be permitted by law or would require a judicial warrant.
Similarly, PXU required immigration enforcement agents to go through Andrade’s office to request student information.
PXU further claimed in its resolution that their district doesn’t maintain any data relating to students’ immigration status, characterizing the distinction as “potentially discriminatory” and “irrelevant” to education. The district declared that all students “regardless of immigration status” had a right to free public K-12 classrooms, even claiming that illegal alien minors had “other legal grounds for presence” in the country. The district resolution didn’t clarify what those were.
“[F]ederal immigration law enforcement activities, on or around District property and transportation routes, whether by surveillance, interview, demand for information, arrest, detention, or any other means, harmfully disrupt the learning environment to which all students, regardless of immigration status, are entitled and significantly interfere with the ability of all students, including U.S. citizen students and students who hold other legal grounds for presence in the U.S., to access a free public K-12 education,” stated the resolution.
The resolution was submitted before the board for approval by PXU general counsel, Eileen D. Fernandez.
Fernandez formerly served as the associate general counsel for Orange County Public Schools from 2010 to 2021.
The Trump administration has already indicated its intent to bring accountability to those who hinder immigration enforcement efforts.
The day after Trump’s inauguration last week, the Department of Justice (DOJ) issued an internal memo warning that all laws and actions “that threaten to impede” the Trump administration’s immigration initiatives were to be considered threats to public safety and national security.
The DOJ directed its Civil Division within the Office of the Associate Attorney General to identify and take legal action against state and local laws, policies, and activities serving as noncompliance to the Trump administration’s immigration initiative.
That memo also launched investigations into state or local law enforcement officials believed to be interfering with immigration enforcement.
“[I]n the absence of unusual facts, prosecutorial discretion at the Department of Justice and the U.S. Attorney’s Offices is bounded by the core principle that prosecutors should charge and pursue the most serious, readily provable offenses,” stated the memo from Acting Deputy Attorney General Emil Bove.
Bove’s memo declared that all state and local actors were required by the Constitution and federal law to comply with Trump’s immigration enforcement initiatives. The DOJ said that noncompliance would trigger federal investigations and, likely, prosecutions.
“Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests pursuant to, for example, the President’s extensive Article II authority with respect to foreign affairs and national security, the Immigration and Nationality Act, and the Alien Enemies Act,” stated the memo.
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by Monica Yelin | Jan 27, 2025 | Opinion
By Monica Yelin |
There seems to be significant misinformation surrounding immigration and deportation, and as a legal Colombian migrant, I feel the need to clarify a few things.
First, there is a massive backlog of individuals who already have deportation orders. In most cases, U.S. Immigration and Customs Enforcement (ICE) does not catch these individuals off guard. Most are well aware of their deportation orders and have had ample time to make arrangements, especially if they have children.
At the same time, it’s critical to acknowledge that our country cannot sustain an infinite number of people crossing the border illegally, unvetted, and unchecked. Simply crossing illegally, claiming credible fear, and applying for asylum does not make it right, especially when one did not arrive legally and does not have credible fear. Most individuals who apply for asylum do not qualify, and many fail to follow through with their legal appointments. This process, already overwhelmed by years of backlog, often results in denied claims, something the applicants are frequently aware of.
It’s frustrating to watch media outlets like CNN focus on “gotcha” questions directed at individuals like Tom Homan, instead of addressing the bigger picture with logic and reason. Deportations prioritize criminals and those with criminal backgrounds. If undocumented individuals happen to be caught alongside a criminal, they may also face deportation as collateral. Once the immediate threats to national security are addressed, the system will move on to others. However, this process will take time and require more funding and resources to scale effectively.
We need to set emotions aside and recognize the hard truths: human trafficking and exploitation must end. Migrants are often misled and lured by false promises of opportunities or legal status. Many die during their journey, are trafficked, go missing, or suffer horrendous abuses, including rape. When they arrive, they often become a financial burden and face years of uncertainty.
Given the current situation, and as a legal Colombian migrant, I believe I have the right to speak up. Beyond the logistical and legal issues, I find it deeply disrespectful, both to Americans and to legal immigrants like me, that the previous administration’s open-border policies disregarded the rule of law and encouraged such reckless disregard for human life. The treatment of migrants in this system has been appalling, and it’s heartbreaking to see leaders like Colombian President Gustavo Petro exploit the situation further.
Why are we spending so many resources on undocumented migrants while neglecting veterans, those struggling with addiction, the homeless, and natural-born Americans, naturalized citizens, and legal immigrants? What about DACA recipients, those who filed paperwork, and others who have been waiting for years for real solutions? At the same time, we are sending billions of dollars abroad while our own people are suffering here in America.
In addition, how do you explain all this to Angel Parents, those who have lost their children to crimes committed by undocumented migrants? Their pain and their losses are a stark reminder of the magnitude of this crisis.
I know the current issue with our immigration system is a complicated one, and I want to emphasize that we must have compassion for everyone equally, including undocumented migrants. However, I want to make perfectly clear that the previous administration did not care for you, me, legal immigrants, citizens, and certainly not the undocumented migrants. Many people filed their legalization cases here in America and others filed abroad waiting to be united with their families for years and years. Many refugees in camps and foreign countries are losing hope because it feels like it’s taking an eternity.
And what about those undocumented migrants who have been here for 20 years or more, who have not committed crimes, who pay taxes, own businesses, create jobs, and have U.S. citizen children who are productive members of society? They feel offended because the previous administration forgot them and did not offer a path to legalization but instead opened the border. One could argue that they should be helped before those crossing.
Lastly, I do not approve of illegal immigration in any way. But we must be realistic. They are already here. How about giving them a fine and creating some sort of path to permanent residency if they meet certain very strict criteria? By no means should we enable illegal immigration, but ignoring the realities of the situation is not a solution either.
Our immigration system must reflect fairness, logic, and compassion. This means addressing those who have committed crimes or pose a security threat, while also considering solutions for those who have demonstrated their commitment to contributing positively to this country. It’s a balance we must strive for—one that ensures the dignity of all while upholding the rule of law.
Monica Yelin is the Executive Director of the Hispanic Liberty Alliance.
by Staff Reporter | Jan 23, 2025 | News
By Staff Reporter |
Attorney General Kris Mayes signed onto a lawsuit with other Democratic attorneys general against President Donald Trump’s executive order ending birthright citizenship.
Mayes called the order “unconstitutional” in a press release published Tuesday.
“No executive order can supersede the United States Constitution and over 150 years of settled law,” said Mayes. “While President Trump may want to take this nation back to a time before all American citizens were treated equally under the law – we will not allow him to do so.”
Mayes defended the modern interpretation of birthright citizenship — which inspired popularity of the pejorative “anchor baby” — as an accurate reading of the Fourteenth Amendment. Mayes cited the 1898 Supreme Court landmark decision in United States v. Wong Kim Ark.
In its ruling, the court declared that the defendant, Wong Kim Ark, had obtained citizenship through his birth on U.S. soil to parents who were legally residing in the U.S. but not citizens, and that those subject to U.S. jurisdiction apply to all domiciled within the country. The ruling remains precedent.
“Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization,” ruled the court.
Mayes’ lawsuit against the Trump administration estimated there were about 255,000 children born in the U.S. to illegal immigrant mothers and about 153,000 children born to illegal immigrant parents in 2022. In Arizona that year, the lawsuit reported those numbers to be around 6,000 children born to illegal immigrant mothers and around 3,400 children born to illegal immigrant parents. Based on those latest totals, the lawsuit estimated that there are over 12,000 children born to illegal immigrants every month throughout the nation.
Additionally, Mayes’ lawsuit argued that the end to birthright citizenship for children born to illegal immigrant parents would harm Arizona and other states because they would lose federal funding.
Joining Arizona in this lawsuit against the Trump administration in the Washington Western District Court are Washington, Illinois, and Oregon.
The lawsuit is a separate one from another joint lawsuit filed earlier this week in the Massachusetts District Court by 18 states, along with Washington, D.C. and both the city and county of San Francisco: New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin.
In his executive order, “Protecting the Meaning and Value of American Citizenship,” Trump asserted that the Fourteenth Amendment never interpreted the extension of citizenship universally to all born within the U.S., highlighting the provision excluding those “not subject to the jurisdiction thereof.”
Those that lack subjection to U.S. jurisdiction, the order says, include any individual whose mother was unlawfully present in the country and whose father wasn’t a citizen or lawful permanent resident at the time of their birth, or; any individual whose mother’s presence in the country at the time of their birth was lawful but temporary, and whose father wasn’t a citizen or lawful permanent resident at the time of their birth. For the latter case, “lawful but temporary” means those eligible to reside in the country under the Visa Waiver Program or those visiting on a student, work, or tourist visa.
The executive order is not retroactive. The order only applies to those born 30 days after the order’s issuance: February 19, 2025.
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