Latest news with #NorthwestImmigrantRightsProject
Yahoo
2 days ago
- Politics
- Yahoo
Trump's birthright citizenship order lands in Seattle appeals court
Washington Attorney General Nick Brown, center, speaks to reporters alongside Solicitor General Noah Purcell, left, and Northwest Immigrant Rights Project Legal Director Matt Adams, right, outside a Seattle courthouse where federal appeals court judges heard arguments over President Donald Trump's executive order on birthright citizenship on Wednesday, June 4, 2025. (Photo by Jake Goldstein-Street/Washington State Standard) SEATTLE — Federal appeals court judges in Seattle on Wednesday questioned a Trump administration lawyer and Washington's solicitor general over the president's executive order restricting birthright citizenship. The three-judge panel in the 9th U.S. Circuit Court of Appeals appeared more open to the Trump administration's arguments than a federal judge in Seattle who in January called the order 'blatantly unconstitutional.' Perhaps the most pointed question came after a lengthy back-and-forth over what the writers of the 14th Amendment meant when they enshrined birthright citizenship into the U.S. Constitution. Hawkins asked Department of Justice attorney Eric McArthur, who clerked for conservative U.S. Supreme Court Justice Clarence Thomas, what the late Justice Antonin Scalia would think of his arguments. Scalia, an ardent originalist, anchored the Supreme Court's conservative wing alongside Thomas. 'He was widely critical of looking at congressional history and statements of senators opposing or supporting a particular thing, and famously said 'just the words,'' said Hawkins, a Clinton appointee. McArthur said he thought Scalia would have been 'very open to looking at all of the historic evidence.' After McCarthur's arguments, Hawkins told the Justice Department attorney he did a 'terrific job.' Trump's executive action, signed on the first day of his second term, aims to end birthright citizenship for babies born to a mother and father who are not U.S. citizens or lawful permanent residents. Since the aftermath of the Civil War, the country has automatically given citizenship to babies born on U.S. soil, no matter their immigration status. Wednesday was the first time the merits of Trump's order have come before a federal appeals court. The arguments from Washington's solicitor general, the Northwest Immigrant Rights Project and McArthur come a few weeks after the U.S. Supreme Court took up Washington's case on birthright citizenship and others. The justices focused on whether preliminary injunctions, like the one from Judge John Coughenor in Seattle at the center of Wednesday's hearing, should affect only the parties involved in a particular case or can be applied nationwide. The Trump administration contends such orders are judicial overreach. The Supreme Court's ruling-to-come could have implications far beyond the birthright citizenship case, potentially staunching the flow of temporary nationwide blocks that state attorneys general are relying on to stop what they see as the president's unlawful actions. In their May 15 hearing, the justices appeared wary of allowing different rules by state. On Wednesday, state Solicitor General Noah Purcell called Trump's executive order on birthright citizenship 'unconstitutional and unAmerican.' 'President Trump seeks to turn citizenship into a political football, denying that precious right to hundreds of thousands of babies born in this country simply because their parents are here to work, to study or to escape persecution or violence,' said Purcell, who argued successfully against the president's travel ban in court in 2017. As is customary, the 9th Circuit judges didn't rule from the bench Wednesday. They'll issue a written ruling in the coming weeks or months. Both sides told the judges it may be prudent to first wait for the Supreme Court to weigh in on the nationwide injunction question. Former President Bill Clinton, a Democrat, appointed two of the three judges who oversaw Wednesday's hearing. The other is a Trump appointee from the president's first term. Several other cases are currently awaiting similar appellate hearings after lower courts awarded preliminary injunctions. The Supreme Court will likely have the final say on the merits of Trump's order. Speaking to reporters after the Wednesday morning hearing, Washington Attorney General Nick Brown said 'the judges had a lot of pointed and difficult questions for both sides to grapple with.' Still, he said he is 'really confident moving forward that this court, and ultimately the Supreme Court, will rule in the states' favors.' The 14th Amendment to the U.S. Constitution codified birthright citizenship in 1868. The amendment begins: 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.' Trump's order, initially set to take effect Feb. 19, focused on the 'subject to the jurisdiction thereof' phrase. 'The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,' Trump's executive order reads. 'The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof.'' Legal precedent, including an 1898 U.S. Supreme Court ruling, has long upheld birthright citizenship. That case dealt with a man born in San Francisco to Chinese parents named Wong King Ark. The justices ruled he was a U.S. citizen. The two sides interpret this case differently. Much of Wednesday's arguments centered the Wong Kim Ark decision. McArthur noted the Supreme Court ruled 'every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.' He focuses on the word 'domiciled,' arguing those here temporarily or without legal status don't fall under that umbrella. Matt Adams, legal director of the Northwest Immigrant Rights Project, countered by reading further from the Supreme Court decision. 'His allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory,' the justices continued in their Wong Kim Ark ruling, arguing that he is 'as much a citizen as the natural-born child of a citizen.' Washington's case against Trump's birthright citizenship order, filed alongside Oregon, Arizona and Illinois, led to the second Trump administration's first judicial rebuke. The Reagan-appointed judge, Coughenour, later agreed to indefinitely block Trump's order while the case played out in court. Trump's Department of Justice appealed, leading to Wednesday's hearing. Two pregnant noncitizen women joined the states' litigation, fearful their children could be born stateless. One has since given birth to a baby born a U.S. citizen because of court action, said Matt Adams, legal director of the Northwest Immigrant Rights Project. In 2022, about 153,000 babies across the country were born to two parents without legal immigration status, including 4,000 in Washington, according to the plaintiffs. The states have said they stand to lose federal funding through programs like Medicaid that otherwise could help these children if they were citizens. Purcell told the judges that implementing the Trump administration's vision would be difficult, leaving hospitals to ask about immigration status and how long parents plan to remain in the United States. 'Doesn't that just show the injunction is premature?' asked Judge Patrick Bumatay, a Trump appointee. 'We don't know how unworkable it is because they were not given a chance to implement it.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
22-03-2025
- Politics
- Yahoo
Immigrant rights group sues Tacoma immigration court over denied bonds, appeals
The Brief The Northwest Immigrant Rights Project sued Tacoma's immigration court for denying bonds, leaving detainees in legal limbo. Tacoma's court grants bonds in only 3-6% of cases, unlike other courts, violating due process rights, according to the lawsuit. The appeal process is slow, often leading to deportation before decisions; the case is pending in federal court with broader implications. TACOMA, Wash. - The Northwest Immigrant Rights Project has filed a class-action lawsuit against the Tacoma immigration detention center, alleging that judges have continuously denied bonds to detained immigrants. Attorneys argue that this policy has left hundreds of detainees in legal limbo. The face of the lawsuit, Ramon Rodriguez Vazquez, remains unknown to the community for now. His attorneys describe him as a husband, father and grandfather from Grandview, Washington. He's a longtime agricultural worker and homeowner. Rodriguez Vazquez, a non-citizen, has lived in the U.S. for 16 years and has no criminal history. Despite this, he remains detained at the Northwest ICE Processing Center in Tacoma, unable to post bond after federal agents raided his home in February without prior notice. What they're saying "It's a place that no one would want to be," said Aaron Korthuis, an attorney with the Northwest Immigrant Rights Project. The Northwest ICE Processing Center is one of the largest detention facilities in the country, functioning much like a jail. "You're in open dorm-like settings with the lights on all the time, it's impossible to sleep," Korthuis said. "Medical care is often insufficient." Korthuis says Rodriguez Vazquez, who suffers from high blood pressure, went a full week without receiving the necessary medication after his arrest. Rodriguez Vazquez remains separated from his family, including his wife of 40 years. "A lot of folks have to hire attorneys, and if you're in a detention center, that's really hard to do if you're not making a salary," Korthuis explained. Data from the Transactional Records Access Clearinghouse (TRAC) shows that in the 2023 fiscal year, Tacoma's immigration judges granted bond in only 3% of cases. "That's by far the lowest rate of granting of bond in the United States," Korthuis said. As of the 2025 fiscal year, the bond grant rate remains just 6%. Dig deeper The lawsuit, filed against ICE, the detention center, the Department of Homeland Security, the U.S. Attorney General, and the Tacoma Immigration Court, argues that judges are misinterpreting the Immigration and Nationality Act. Attorneys claim that a statute meant for newly arrived immigrants—who have just crossed the border and have no right to bond—is being wrongly applied to individuals like Rodriguez Vazquez, who have lived in the U.S. for years and should be eligible to request bond. Attorneys say other immigration courts do not follow this interpretation, making Tacoma an outlier. "Notably, the Tacoma Immigration Court is an outlier, as similarly situated noncitizens in detention centers elsewhere in the country receive bond hearings," the complaint states. "There's been at least a few, probably a couple hundred, people who have been subjected to this, if not more," Korthuis said. "And I think what's really concerning is with increased interior enforcement here in the United States, we're going to see a lot more people who are in that kind of situation." Detainees denied bond can appeal to the Board of Immigration Appeals, but attorneys argue the process is ineffective. "The Board of Immigration Appeals' own data shows that it often takes more than six months to issue a decision," Korthuis said. "By that time, people have obviously lost their jobs, they've been separated from their family for six months." The situation gets more dire — by the time an appeal is decided, many detainees have already been removed from the U.S.. The Supreme Court has ruled that legal relief must be granted swiftly to be effective. Otherwise, it becomes meaningless. "Freedom before conviction permits the unhampered preparation of a defense and serves to prevent the infliction of punishment prior to conviction," the ruling states. By the time an appeal is decided, many detainees have already been deported compared to federal courts which typically resolve pretrial detention appeals in weeks. The lawsuit claims the Tacoma Immigration Court's policy and the BIA's delays violate constitutional due process protections. "This isn't saying, 'Oh, everybody should get out.' Judges still have to make this assessment as to whether someone's a flight risk or a danger," Korthuis said. "But they have that right, and the immigration judges in Tacoma, unfortunately, are ignoring that right, right now." What's next Rodriguez Vazquez's case is currently pending in the U.S. District Court for the Western District of Washington. His attorneys have filed a preliminary injunction while the case proceeds. Both his appeal and immigration proceedings are happening simultaneously. The outcome of the lawsuit could have significant implications for detained immigrants facing similar legal battles in Tacoma. The Source Information in this story comes from original reporting by FOX 13 Seattle reporter Alejandra Guzman. Top aide for WA Gov. Ferguson resigns over workplace complaints, report Seattle police arrest man accused of more than 20 bank robberies Here's where Seattle renters are relocating Seattle's Capitol Hill Block Party announces 2025 lineup, changes to event Could Bryan Kohberger's autism defense for capital murder set a precedent? To get the best local news, weather and sports in Seattle for free, sign up for the daily FOX Seattle Newsletter. Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national coverage, plus 24/7 streaming coverage from across the nation.
Yahoo
11-02-2025
- Politics
- Yahoo
'What is the American dream?': Kootenai County Jail's border holds jump 450% after Trump inauguration
Feb. 10—Border detainments in Kootenai County's jail have skyrocketed in less than a month following the second inauguration of President Donald Trump. Trump promised a massive immigration overhaul during his campaign to deport "criminals" in the country without authorization. But as his presidency took shape over the last few weeks, "anyone that doesn't have status is deportable," said Vanessa Gutierrez, the co-deputy director of Northwest Immigrant Rights Project . Gutierrez's organization runs an immigrant education and orientation program at the Northwest ICE Processing Center in Tacoma for those who are being held and are looking for guidance. Those detained in or around Spokane are sent to Kootenai County Jail first, which allows ICE and Border Patrol to hold detainees there. Each federal hold in the North Idaho jail is reimbursed at a rate of $112 per day per person, according to reporting by the Coeur D'Alene Press. In the first 29 days of January, the jail saw 22 holds, with five in one day . The numbers jumped 450% from December, when the jail recorded just four holds. The number was slightly higher in November, with 10 recorded Border Patrol and ICE holds. The sharp rise in holds in Kootenai County mirrors those seen elsewhere in the Northwest since Trump's second term began. Gutierrez's organization gets the rosters of everyone held at the detainment center — and Gutierrez is seeing 800 to 1,000 people detained at any given time, she said, which increased after Trump's inauguration. If Tacoma's detainment center isn't already at capacity, it soon will be, Gutierrez said. While a majority of Border Patrol's contact in Idaho were with unauthorized immigrants from Canada, Kootenai County Sheriff Bob Norris told The Spokesman-Review in an interview last year that more contact with Spanish-speakers is an indicator that a rise in criminal cases is "going to come." This week, he pledged in a statement that all of the county's resources will be used to "assist in the deportation" of noncitizens who commit crimes, noncitizens who are here "legally" and commit crimes, and any unauthorized person in general. "As part of our policing practice, if we come in contact with anyone suspected of being in the country illegally, we notify Border Patrol," said sheriff's office spokesperson Lt. Jeff Howard. Nothing has changed as part of their enforcement efforts, he said. "We have had an increase of inmates brought in on detainers under our contact with the U.S. Marshal's Office," Howard wrote in an email last week. "Several of those that have been brought in are foreign nationals." All are typically held for less than 48 hours unless a court order prompts otherwise. Howard said the jail ends up taking "several detainees" from around the area, which includes Washington, Montana and Idaho. But it's unclear how many people held in Kootenai County's jail are coming from Washington. While the Spokane County Jail has a contract with the U.S. Marshals to hold people facing federal criminal charges, the jail does not have a contract with Border Patrol or ICE in compliance with the Keep Washington Working Act. The act was passed in 2019 and prevents local law enforcement from giving federal authorities information about a civil immigration matter. This means anyone arrested by ICE or Border Patrol in Spokane will be transferred to the Kootenai County Jail and then back across the Washington border to Tacoma. While there are criminal acts related to immigration, being an unauthorized immigrant in the U.S is not a crime, it's a civil offense. It's why Gutierrez calls the word "illegal" her pet peeve. "Most immigration cases brought before courts are civil, not criminal. There are immigration related criminal charges, like a re-entry ... There are lots of people here, undocumented, without crossing the border because they legally entered in a port of entry," she said. As soon as Trump entered office, he issued a sweeping executive order that suspended migrants from seeking asylum at the southern border. His administration also shut down the CBP One app, which allowed migrants to apply to enter the U.S legally as they sought asylum from war-torn or violent countries. Pending appointments were also canceled. "We see asylum seekers now expressing fear. Before Trump, they were given permission to come in, apply for asylum and appear in court," Gutierrez said. "That's legal ... Now they can't seek asylum, even though they are permitted to ... People still have rights, regardless of their immigration status." On Monday, at least 200 flooded Spokane City Hall in a pro-immigration rally. Among the attendees was 17-year-old Mia Pelayo. She peered above the Chase Gallery, draping a Mexican flag over the barrier, as she watched the crowd below her. "I'm here for my parents," she said. "My mom is an immigrant." Pelayo's parents came to the U.S. "without anything," she said, and worked hard to give her a better life. This weekend, her mother came into her room and was talking about making copies of Pelayo's passport and other legal documents to put in her school backpack. "It made me bawl, because I was thinking about how I have to worry about carrying my papers around. Now, that is relevant to who I am as a person," Pelayo said. "This is supposed to be the American dream. But ... what is the American dream?"
Yahoo
09-02-2025
- Business
- Yahoo
Seattle restaurants and bars serving up support for immigrant rights
The Brief More than 150 local businesses are participating in an action to support immigrant rights in the area. Two organizations are working to help western Washington immigrant communities. SEATTLE - If you eat out this weekend, you might notice some businesses across Seattle are raising money for immigrant rights. It comes after the Trump Administration's crackdown on immigrants, which has led to protests across the country, including Seattle. By the numbers Now, more than 150 businesses across the Emerald City are participating in this weekend's Immigrant Rights Fundraiser. The participating restaurants and bars are lending their support to those rights with each drink and meal they serve. At Life on Mars in Capitol Hill, they are giving one dollar of each one of the "I Never Loved You" cocktails ordered, as well as other drinks of theirs, to the Northwest Immigrant Rights Project. Bartender Kristian Dunn created the cocktail and is happy that his employers are supporting the cause. What they're saying "Immigrants are a founding part of this country, this economy and they are in any facet of any industry--whether it be the restaurant industry, the tech industry, the construction industry, you name it, immigrants are there. I think it's incredibly valuable, especially in the service industry where there are a ton of immigrants that we are helping and supporting them in this very dire time when immigrants are being attacked right now," Dunn said. Brett Francis is a co-manager at the Other Coast Café in Ballard. "At the end of the day, all these people are part of our community," Francis said. With every sandwich they sell, he told FOX 13, one dollar will go to a multitude of different organizations. He added, as a worker, he's proud of what they're doing and the reaction from their customers has also been positive. "Especially during such a tumultuous time, it personally makes me feel really good that we're able to help even just a little bit," Francis said. The fundraiser is through Sunday. The Source Information for this article comes from original interviews from FOX 13. Washington Senate passes changes to parental rights in education Japan Airlines plane clips tail of Delta plane at Sea-Tac Airport Judge blocks DOGE access to sensitive Treasury Department payment system records Man sentenced to 20 years for grooming, taking WA girl to Michigan home To get the best local news, weather and sports in Seattle for free, sign up for the daily Fox Seattle Newsletter. Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national coverage, plus 24/7 streaming coverage from across the nation.
Yahoo
07-02-2025
- Politics
- Yahoo
Federal judge blocks Trump's birthright citizenship order nationwide
The Brief A federal judge issued a nationwide injunction, blocking President Trump's executive order ending birthright citizenship. The judge previously issued a two-week restraining order against the directive. The DOJ is expected to appeal the decision, but several other lawsuits filed against the Trump administration are being heard in the coming weeks. SEATTLE - A federal judge has issued a nationwide injunction blocking the Trump administration's executive order aimed at ending birthright citizenship for children born in the U.S. to undocumented immigrants. The ruling by U.S. District Judge John Coughenour follows a two-week temporary restraining order he issued earlier this month. His ruling also follows a similar injunction issued by a Maryland federal judge on Wednesday. The decision prevents the federal government from enforcing the executive order, which sought to reinterpret the 14th Amendment's guarantee of birthright citizenship. Judge Coughenour made it clear that the Constitution is not subject to policy changes through executive orders. Coughenour is a Ronald Reagan appointee who has been on the bench since 1980, condemned the administration's approach: "To our President, the Rule of Law is but an impediment to his policy goals—something to navigate around or simply ignore. Under my watch, the rule of law is a bright beacon which I intend to follow." Washington Attorney General Nick Brown praised a federal court ruling reaffirming the constitutional principle that individuals born in the United States are American citizens. What they're saying "The U.S. Constitution was defended, the rule of law was defended, and we reaffirmed what it means to be an American in this country," Brown said. The case was brought by the state of Washington, alongside three other states: Arizona, Oregon, Illinois and the Northwest Immigrant Rights Project, who argued that the executive order violates constitutional law. They also contended that it would render children born to undocumented immigrants stateless. "We do not have a king; we have a president who must abide by the laws," Brown said. "If they want to amend the laws, there is a process by which to do that." Brown noted several suits have been brought in multiple states, stressing the importance of having multiple cases challenging what he described as an unlawful order. "What we're facing right now in this country is the Trump administration moving 100 miles an hour in 100 different areas, and on a daily basis, breaking the law, violating the United States Constitution," Brown said. "That's why it's so important to have multiple cases being brought across this country." The other side During the hearing, Deputy Assistant Attorney General Drew Ensign defended the executive order, arguing that the phrase "subject to the jurisdiction thereof" in the 14th Amendment does not automatically grant citizenship to children of undocumented immigrants. Ensign pointed to Elk v. Wilkins, an 1884 Supreme Court case that ruled Native American tribes were not under U.S. jurisdiction for citizenship purposes until Congress passed a separate law in 1924. He argued that a similar principle should apply to children of undocumented immigrants, as their parents maintain allegiance to foreign nations. "It's absurd," Brown said. "We currently have a President of the United States who lies to the American people in perpetuity and has a complete disdain for the United States Constitution. The fact that we have lawlessness coming from the top of the country is imbuing the rest of the federal government, as well." Matt Adams, legal director for the Northwest Immigrant Rights Project, argued the Trump administration lacks the authority to impose new conditions on birthright citizenship. "The language of the Constitution is clear. There's no room to change the interpretation," Adams said. He questioned why immigrants and their children are required to follow U.S. criminal and tax laws, including undocumented men between 18- and 26-years-old obligated to sign up for military draft registration, and fight for the U.S. in war, if they are not considered subject to U.S. jurisdiction. "The policy arguments are based upon this political rhetoric, basically trying to demonize the immigrant communities, to divide up our communities," Adams said. Judge Coughenour says if the government wants to change birthright citizenship, they must amend the Constitution. "It does not matter who the President of the United States is," Brown said. "In this country, we are safeguarded by the constitutional principles we have and an adherence to the rule of law." What's next The Department of Justice is expected to appeal the ruling, and legal experts anticipate the case will head to the Ninth Circuit Court of Appeals. Meanwhile, a separate legal challenge brought by 18 states, including Massachusetts, will be heard in court Friday, and another lawsuit filed by the American Civil Liberties Union is set to go before a federal judge in New Hampshire on Monday. For now, the ruling ensures that birthright citizenship remains protected under the 14th Amendment. The Source Information comes from original reporting by FOX 13 Seattle reporter Alejandra Guzman. School closures: Track closings, delays in western WA for Thursday, Feb. 6 Seattle principal arrested for DUI and domestic violence after car flips Japan Airlines plane impales tail of Delta plane at Sea-Tac Airport More than 1K rally outside Olympia Capitol in '50 states, 50 protests' demonstration Washington Senate passes changes to parental rights in education 1 dead, 1 saved as US Coast Guard makes dramatic nighttime rescue in WA To get the best local news, weather and sports in Seattle for free, sign up for the daily Fox Seattle Newsletter. Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national coverage, plus 24/7 streaming coverage from across the nation.
