ANNAPOLIS – Several executive orders issued in the first days of President Donald J. Trump’s second term affect immigrants and migrant rights. Representatives from parishes and diocesan offices in Maryland received briefings Jan. 23 from experts from the U.S. Conference of Catholic Bishops, the Catholic Legal Immigration Network (CLINIC) and Immigrations and Customs Enforcement.
More than 50 people gathered at St. John Neumann Church in Annapolis, days after the inauguration. The event was sponsored by the Maryland Catholic Conference, which includes the archdioceses of Baltimore and Washington, and the Diocese of Wilmington, Del., all of which encompass parts of Maryland. Several of the state’s bishops attended the day.
David Spicer, assistant director for policy for the USCCB’s Migration and Refugee Services, said, “This week seemed especially daunting,” as he highlighted a list of 10 executive actions that address or have implications for migration and noncitizens. An additional executive order rescinded more than 70 executive actions that had been implemented during the administration of President Joe Biden.
One of Trump’s actions would have a major impact on refugee resettlement, with which MRS is heavily involved, assisting those approved to enter the U.S. from other countries.
Spicer said the order, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” requires advanced vetting of all those admitted since the start of Biden’s term.
It would mean that some whose asylum applications have already been approved, but the people have not begun traveling to the U.S., could be prevented from entering, and would have to stay in either their homeland, where they are unsafe, or in the country to which they were first displaced.
Spicer noted that Bishop Mark J. Seitz of El Paso, Texas, chairman of the bishops’ Committee on Migration, sad in a statement, “(I)ndefinitely halting refugee resettlement is unmerited, as it is already proven to be one of the most secure legal pathways to the United States. Even non-humanitarian legal immigration and naturalized persons are targeted by these policies in support of a so-called ‘unified American identity.’”
Spicer said that Trump’s intention of “complete operational control” of the border aims for not allowing a single person to enter the U.S. without authorization. Additionally, those who in the past could petition for asylum once in the United States will have to remain in Mexico or another place while applying. However, Customs and Border Patrol shut down the CBP One app, which allowed people to apply for asylum and make appointments for hearings. Those who had appointments found them cancelled. Without being in the U.S. and with no way to schedule a review of their case, they are essentially in limbo.
Spicer said the Migrant Protection Protocols don’t allow any humanitarian parole or humanitarian processing, with no exceptions. “Therefore, MPP doesn’t make sense because they won’t ever get a hearing,” he said.
Tthe U.S. bishops have consistently urged bipartisan legislation to reform immigration, he said. Republicans control both chambers of Congress, but the 53-47 majority in the Senate makes passage difficult since Democrats could filibuster most legislation, requiring 60 votes to move it along. The majority in the House is very slim, so that even just one or two Republicans voting against the rest of the party can derail legislation.
“I have not heard President Trump talking about legislation to change immigration. He has mostly talked about it as something he can do via executive action,” Spicer said.
In the Jan. 22 statement from the USCCB, Bishop Seitz said, “We urge President Trump to pivot from these enforcement-only policies to just and merciful solutions, working in good faith with members of Congress to achieve meaningful, bipartisan immigration reform that furthers the common good with an effective, orderly immigration system. My brother bishops and I will support this in any way we can, while continuing to accompany our immigrant brothers and sisters in accordance with the Gospel of Life.”
Another of Trump’s executive orders also attempted to end birthright citizenship of anyone born in this country, through a different interpretation of the 14th Amendment. Spicer said the Supreme Court had addressed the question in the late 1800s and determined that it was valid. By the end of the meeting in Annapolis, a federal judge in Seattle had put the executive order on hold, citing it as “blatantly unconstitutional.” That news was shared with attendees who applauded and expressed relief.
James Brooks, community relations officer for the Baltimore and Washington Field Offices of U.S. Immigrations and Customs Enforcement, thanked Spicer for the synopsis of the executive actions. He said that although there is concern that the executive orders will trigger massive roundups, “What we are focusing on is those who are threats to the U.S., known criminals and those who have been arrested.”
He added, “One of the things that we are proud of (are) all the arrests that our office has made and has prevented the revictimization of individuals in these immigrant communities as well, because most of the time when they target someone, they’re targeting someone they know, and they are within that immigrant community.”
Bishop Evelio Menjivar-Ayala, an auxiliary bishop of Washington who was himself an undocumented immigrant when he arrived in the country, asked whether when ICE officers come to a residence or other location to find a certain criminal and there are other members of the family there, who may also be undocumented, could they be arrested.
“If there are others in the same domicile and they are subject to removal (from the country), they may be subject to arrest,” Brooks said.
Having said that, he noted, if those in the home are victims, for example, of domestic violence, it may be in their best interest to get away from the offender.
Father T. Austin Murphy Jr., pastor of Christ the King in Glen Burnie and St. Bernadette in Severn, asked whether that might dissuade people from reporting domestic violence if they or their partner are in the country illegally.
Brooks noted that local law enforcement, not ICE, would respond if someone calls 911 to report a crime. “Local police are not contacting immigration specifically on a domestic violence case.”
He said the enforcement against criminal elements in the undocumented immigrant community is especially targeted against those “criminal aliens who have committed violent crimes, sex offenses, gang members, and threats to national security, terrorism. Those are many of the elements that are in place.”
During a break in the meeting, Brooks and his colleague, Michael Gibson, special assistant to the Baltimore Field Office director, said they met a couple weeks ago with Bishop Bruce A. Lewandowski, C.Ss.R., an auxiliary of Baltimore and vicar for Hispanic Ministries. They said the discussion was fruitful and that they appreciated the chance to work with the Catholic Church and other faith communities and civic organizations.
Viviana Westbrook, state and local advocacy attorney for CLINIC, provided a presentation on people knowing their rights if they are encountered by agents from ICE or local police.
“Immigrants have rights regardless of immigration status,” she said, though she noted that some may have a higher risk of being deported if they don’t have lawful status, have a criminal history, are on parole or have a prior deportation order.
CLINIC provides a “Know Your Rights” packet in 10 languages. The 18-page packet includes information on what to say or do if an agent comes to your home or other location, information about how to read a search warrant or arrest warrant, and steps for emergency planning.
CLINIC also offers a simple card that says “I am exercising my rights” with other details in English, Spanish and Portuguese. The card has information about wishing to contact a legal representative, which in immigration cases can include an attorney or a Department of Justice accredited representative. Although not an attorney, those fully accredited by the DOJ can go to court with the person.
She said immigrants can be concerned about whether it is safe to go about their normal business. “We don’t want our immigrant communities to be afraid to go to pray, or to work or drop their kids off at school,” Westbrook said, noting that it has happened in the past that immigration officers would wait near school bus stops and after the bus has departed, officers would pick up parents who had been waiting with their children.
She addressed one of Trump’s executive orders, which rescinded a policy that had prevented officials from making sweeps or arrests in or near what were called sensitive or protected areas, such as schools, bus stops, libraries and houses of worship.
Westbrook said the policy was rescinded because those who opposed it said it would allow criminals who were being pursued by police to duck into a church to escape arrest. “All the reasons they are saying they rescinded it are not true,” she said, because ongoing chases or national security interest were already exempt from the prohibition.
She encouraged parents to designate a trusted relative or friend as a stand-by guardian to ensure care for children if one or both of the parents are arrested, detained or deported. That will help prevent the child being sent to the custody of Child Protective Services.
After small group discussions among the attendees, one suggested that the Maryland Catholic Conference recruit a coordinator who could organize “Know Your Rights” presentations at parishes and immigration attorneys to conduct them.
Karen Ponce, who lives in Elkton, and works at St. John-Holy Angels Parish in Newark, Del., appreciated the workshop. “I really love all this information because there are many questions we have, and we don’t know how to react. Now we have information on how to respond if we have a situation at church or school.”
Ponce, whose parents brought her to the U.S. when she was 18 with a green card, said people she knows are nervous and afraid.
“It is sad and hard,” she added, because so many people come here for the opportunity for a better life, especially for their children, but sometimes they don’t know who is coming into their neighborhoods. Getting rid of the criminals “is not a bad thing.”
Father Murphy said most of those who come to the U.S., even if they don’t come through legal channels, go slowly through the immigration process. There are some – especially those in criminal organizations – who should not be here, but it’s important to focus on people as individuals, not as groups.
He said the workshop was helpful because he has had teens in the youth group ask – not ironically – which of their parents is going to be arrested and deported. He said it’s helpful to inform and even over-inform people because in the absence of good information, people will just make up things that are not accurate or true.
Before the closing prayer, Bishop Menjivar-Ayala said the current immigration situation is not unlike caring for a patient with cancer. “We don’t have answers, we don’t have a remedy.” In those cases, it is important to accompany people and offer pastoral and spiritual support, including mental health assistance because the situation can be depressing.
“Yes, the legal part is important, and advocacy, but the most important part is pastoral and spiritual accompaniment,” he said.
Email Christopher Gunty at editor@CatholicReview.org
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