With President Donald Trump intensifying immigration regulations, lawmakers in Democratic-led states are introducing new initiatives aimed at creating legal barriers for federal immigration enforcement, thereby assisting immigrants without legal status in dodging deportation.
These resistance efforts, particularly in states like California and New York, serve as a stark counter to the numerous Republican-led states pushing legislation reinforcing Trump’s aggressive stance on illegal immigration, showcasing a broader national divide.
In his initial week in office, various measures from the Trump administration included suspending refugee admissions, expediting deportations, deploying military personnel to the southern border, and removing long-standing rules that restricted immigration enforcement near schools, healthcare facilities, and places of worship. His administration also aimed to eliminate birthright citizenship and directed federal prosecutors to scrutinize local or state officials who were seen as obstructing his immigration initiatives.
Many states have already seen hundreds of immigration-related bills introduced, with more action anticipated shortly. Governors Ron DeSantis of Florida and Bill Lee of Tennessee have even planned special legislative sessions to commence on Monday to promote Trump’s immigration objectives.
Conversely, Democrats in states such as Connecticut, Hawaii, Massachusetts, New Mexico, Oregon, and Washington are advocating for policies designed to enhance healthcare and higher education access for immigrants, discourage landlords from investigating immigration status, or prevent new immigration detention centers from opening in their jurisdictions.
Public opinion reflects a division among Americans, with many supporting increased security at the southern border and deportation of undocumented immigrants with violent criminal convictions, based on a survey by The Associated Press-NORC Center for Public Affairs Research. However, sentiments waver on broader deportation strategies, as about 40% of American adults oppose expelling all undocumented immigrants residing in the country.
In the realm of legal support, there is no guaranteed right to a government-funded attorney in immigration courts—a stark difference from criminal proceedings. As Trump’s deportation efforts escalate, various state initiatives seek to allocate funds for legal defense for those embroiled in immigration cases. One prominent advocate, New York Assemblywoman Catalina Cruz, arrived in the U.S. from Colombia at the age of 9 and lived without legal status for over a decade until receiving residency and citizenship.
Cruz has introduced over six legislative proposals aimed at assisting immigrants, one of which would establish the right to legal counsel during immigration proceedings within New York. Another proposal would enable state grants to organizations aimed at hiring and preparing staff to provide legal assistance to individuals facing deportation.
“In a climate where mass deportation threatens many lives, this legislation gives individuals a fighting chance for their cases, their families, and their rights,” Cruz stated. She estimates that around 60% of the individuals in her legislative district are noncitizens, expressing concern for their anxiety amid the ongoing developments.
New York is not alone; various states are providing legal aid for immigrants, although advocacy groups are pushing for increased funding beyond what Democratic Governor Kathy Hochul has proposed. “Investing in due process and justice for immigrants at risk in New York is critically important at this juncture,” remarked Shayna Kessler, who oversees a representation initiative at the Vera Institute of Justice.
Some legislative initiatives are also set to finance attorneys aiding immigrants in securing legal resident status. For example, Oregon state Senator Lisa Reynolds has proposed a bill mandating the state’s Department of Human Services to distribute grants to non-profits assisting individuals in changing their immigration status or aiming for lawful permanent residency. This initiative would allocate $6 million to kickstart during the upcoming budget biennium in July.
“Oregon prides itself on its tradition of welcoming immigrants and refugees, and there is a heightened sense of urgency around this matter now,” Reynolds expressed. Since 1987, state law has prevented law enforcement from engaging in actions related to federal immigration law enforcement, and a 2018 ballot initiative to repeal this sanctuary law was defeated by voters.
Recent alterations in federal guidelines may escalate fears among parents regarding immigration enforcement at schools, as the Trump administration has reversed crucial restrictions that barred federal agencies from conducting immigration enforcement at sensitive locations like schools and healthcare facilities. Data indicates that roughly 20% of children in California come from families with at least one member lacking legal status.
California Assemblymember Al Muratsuchi, who chairs the education committee, is pushing for legislation designed to complicate the process for U.S. Immigration and Customs Enforcement officials seeking entry into schools and childcare facilities. His proposed bill would mandate that federal officials acquire a judicial warrant, provide a written statement outlining their purpose, present valid identification, and secure approval from facility administrators. Even if these conditions are satisfied, immigration officials would still be restricted to areas without the presence of children.
Muratsuchi has worked on this important legislation since Trump’s election, emphasizing, “Protecting all students, especially our immigrant students, remains a top priority.”
