Latest / This Week On ICE / 15 Minnesotans charged with conspiracy, DACA under pressure, ICE threats at midterm polls, and two key SCOTUS cases wrapping up
Transcript
- 0:04SPEAKER_00: Hello and welcome to This Week On ICE for June 19, 2026.
- 0:07SPEAKER_00: I'm Kelly Kimball.
- 0:09SPEAKER_00: And I'm Matt Kendrick.
- 0:32Who you just heard was former President Barack Obama during the
- 0:35opening ceremony of
- 0:36SPEAKER_01: his new Presidential Center in Chicago on Thursday.
- 0:40He praised the bravery of Minnesotans who stood up to ICE
- 0:43officers during their
- 0:44SPEAKER_01: immigration crackdown earlier this year during Operation Metro Surge.
- 0:49SPEAKER_01: This week,
- 0:49federal prosecutors charged 15 people with impeding the Trump
- 0:53administration's
- 0:54SPEAKER_01: crackdown,
- 0:54SPEAKER_01: accusing them of conspiracy.
- 0:57Matt will talk about what these unprecedented charges mean in
- 1:01terms of its threats
- 1:01SPEAKER_01: to the First Amendment,
- 1:03as well as what it says about national security enforcement in
- 1:06Trump's America.
- 1:08SPEAKER_02: Then,
- 1:09this week marks the 14th anniversary of forming the Deferred
- 1:12Action for Childhood
- 1:13SPEAKER_02: Arrivals program,
- 1:14SPEAKER_02: also known as DACA.
- 1:15The program was created during the Obama administration to
- 1:18protect undocumented
- 1:19SPEAKER_02: immigrants who came to the U.S.
- 1:21SPEAKER_02: as children from deportation,
- 1:22SPEAKER_02: but today it's
- 1:23SPEAKER_02: future remains uncertain.
- 1:25Kelly will talk about the challenges in DACA's future and its
- 1:28impact on migrant children.
- 1:30She'll also briefly discuss the final weeks of the Supreme
- 1:33Court's current term and
- 1:34two specific court cases that are the most consequential to
- 1:38immigrants in the U.S.
- 1:39SPEAKER_02: today.
- 1:41SPEAKER_01: After the break, have you been watching the World Cup?
- 1:43SPEAKER_01: Are you preparing to vote in the midterm elections in November?
- 1:47Stay tuned because we're talking about the major ways
- 1:50immigration enforcement may
- 1:52SPEAKER_01: affect these two arenas.
- 1:54SPEAKER_02: Lots to talk about.
- 1:55SPEAKER_02: Stick with us.
- 2:01SPEAKER_01: So, Matt, let's talk about Minneapolis.
- 2:03SPEAKER_01: What are these Minneapolis citizens being charged with and why?
- 2:07SPEAKER_02: Yeah, so the government charged 15 people this week.
- 2:11They're being charged with conspiracy to impede officers'
- 2:15enforcement activity.
- 2:17The really important part of that is the conspiracy aspect
- 2:21because that allows
- 2:23these charges to be brought for what people may have said in
- 2:27private group chats,
- 2:28SPEAKER_02: what they may have said to one another outside of a group chat,
- 2:32SPEAKER_02: not necessarily having taken any action.
- 2:35One of these people who's been charged has basically been
- 2:38accused of writing an
- 2:39angry letter in a group chat saying that they wish to cause
- 2:43harm to an ICE agent,
- 2:46SPEAKER_02: right?
- 2:46SPEAKER_02: Now, did they go out and actually hurt an ICE agent?
- 2:48SPEAKER_02: No, they didn't.
- 2:50SPEAKER_02: attorney for this group of people who've been charged,
- 2:52SPEAKER_02: Bruce Nestor,
- 2:53is saying that the government is essentially accruing them of
- 2:56thought crimes.
- 2:57SPEAKER_02: And he described these charges as,
- 2:59SPEAKER_02: quote,
- 3:00SPEAKER_02: an act of political retribution designed to quell dissent.
- 3:04SPEAKER_02: In fact, what the
- 3:05the government has done here may have involved the use of an
- 3:08informant in other
- 3:09words someone who is a member of these more radical groups or
- 3:12not even radical
- 3:13groups in Minnesota who turned over to the government logs of
- 3:18these secure chats
- 3:19SPEAKER_02: like for example
- 3:20SPEAKER_02: for example, Signal Chats.
- 3:21SPEAKER_02: You and I use Signal.
- 3:22SPEAKER_02: Almost every journalist I know uses Signal.
- 3:25SPEAKER_02: It's a really smart idea,
- 3:26SPEAKER_02: I would say,
- 3:27for everyone in the United States to use an encrypted app like
- 3:30Signal or WhatsApp
- 3:31SPEAKER_02: is also encrypted,
- 3:32SPEAKER_02: although it's not necessarily as safe as Signal.
- 3:35because it's so difficult for the government to access your
- 3:38messages on this.
- 3:39So if they're trying to accuse you of something like conspiracy
- 3:43to impede law
- 3:43enforcement or they're trying to figure out what a journalist
- 3:46is reporting on so
- 3:47SPEAKER_02: that they can get in front of that story,
- 3:49SPEAKER_02: using Signal makes it very difficult.
- 3:51So basically they've been accused of cooperating with Antifa in
- 3:56order to stop ICE
- 3:58agents from carrying out enforcement activities during the
- 4:02crackdown in Minnesota
- 4:03SPEAKER_02: earlier this year.
- 4:05SPEAKER_02: We do know a ton about the individuals who are being charged.
- 4:09SPEAKER_02: We do know that of the 15 people,
- 4:12SPEAKER_02: 12 were arrested on Tuesday,
- 4:14SPEAKER_02: one was already in custody,
- 4:16SPEAKER_02: and two people remain at large.
- 4:18SPEAKER_02: We don't know where they are, but they have not been
- 4:20SPEAKER_02: It Was Quite A Scene
- 4:36SPEAKER_02: So we're still waiting on this.
- 4:38SPEAKER_02: As I said,
- 4:39SPEAKER_02: the lawyer for many of these demonstrators,
- 4:41SPEAKER_02: Bruce Nestor,
- 4:43feels they have a very strong case and basically is saying that
- 4:47these folks have
- 4:48SPEAKER_02: First Amendment rights.
- 4:49SPEAKER_02: They can think and say whatever they want.
- 4:51And there's no evidence that they took part in any actual
- 4:55action to impede the
- 4:57SPEAKER_02: actions of immigration enforcement.
- 5:00SPEAKER_01: Okay.
- 5:00And for those that may not be familiar,
- 5:03let's remind everybody,
- 5:04what is Antifa?
- 5:06And why are immigration authorities using Antifa in association
- 5:10with Antifa as
- 5:11SPEAKER_01: their main defense here?
- 5:13SPEAKER_02: is a deliberate misrepresentation that the government is carrying out.
- 5:17SPEAKER_02: Antifa comes from 1930s Germany, and it was a philosophy.
- 5:22SPEAKER_02: There's no organized one group that is Antifa.
- 5:26SPEAKER_02: It just means anti-fascists.
- 5:28SPEAKER_02: So in Germany,
- 5:29SPEAKER_02: in Italy,
- 5:29SPEAKER_02: in Spain,
- 5:30SPEAKER_02: during the rise of fascism in the 1930s,
- 5:33SPEAKER_02: left-wing groups,
- 5:34SPEAKER_02: including trade unions,
- 5:35SPEAKER_02: including academics and intellectuals,
- 5:37SPEAKER_02: would organize these groups to protect individual communities from
- 5:42SPEAKER_02: brown shirts walking into their community from,
- 5:44SPEAKER_02: in Spain,
- 5:45SPEAKER_02: fascist groups breaking into factories,
- 5:48SPEAKER_02: etc.,
- 5:48SPEAKER_02: etc.
- 5:49SPEAKER_02: And so after that,
- 5:51SPEAKER_02: it's become a mindset,
- 5:53SPEAKER_02: an ideology among left-wing groups that favors direct action,
- 5:57SPEAKER_02: that favors mutual aid,
- 5:59SPEAKER_02: and in some cases favors militant resistance to the government.
- 6:02SPEAKER_02: But there is no group
- 6:04SPEAKER_02: that is called Antifa, right?
- 6:06So the fact that the government is using this label of Antifa
- 6:10is part of a broader
- 6:11sort of rhetorical strategy that the Trump administration has
- 6:14used in which they
- 6:15SPEAKER_02: accuse people who just zealously oppose
- 6:18shows the encroachment of the Trump administration onto civil
- 6:23liberties and
- 6:24SPEAKER_02: individual liberties as Antifa or anti-fascists.
- 6:28It's an easy way to apply a shorthand and label widely
- 6:34decentralized resistance
- 6:36SPEAKER_02: efforts as one domestic terror organization that Trump has categorized,
- 6:42SPEAKER_02: quote unquote,
- 6:42SPEAKER_02: Antifa as a domestic terror organization,
- 6:45SPEAKER_02: even though,
- 6:45SPEAKER_02: like I said,
- 6:45SPEAKER_02: there is no organization called Antifa.
- 6:47SPEAKER_02: There never has been.
- 6:50and the prosecutor in charge of these specific charges did not
- 6:54define what Antifa
- 6:55was and said it went quote beyond the scope of that indictment
- 6:58that he issued so
- 7:00it's very very strange very weird kind of way to do things and
- 7:04I think a key
- 7:05SPEAKER_02: weakness in their case
- 7:07SPEAKER_01: The next time I want to cobble together an argument,
- 7:09SPEAKER_01: I'll just say it goes beyond the scope and go from there.
- 7:13SPEAKER_02: Yeah, exactly.
- 7:15SPEAKER_02: Exactly.
- 7:15SPEAKER_01: It's a real catch all lazy argument.
- 7:18SPEAKER_01: So the government is arresting citizens for being associated with Antifa.
- 7:26SPEAKER_01: I'm curious, have we seen anything like this before in U.S. history?
- 7:31SPEAKER_02: Yes, both recently and in the past.
- 7:33SPEAKER_02: In the recent past,
- 7:35there was an accusation against six people known as the
- 7:38Broadview Six who were
- 7:39SPEAKER_02: arrested outside of an ICE facility in Illinois.
- 7:43SPEAKER_02: Very famously, this included Kat Abugazi.
- 7:46SPEAKER_02: who used to be a
- 8:04is a lot of prosecutorial misconduct in those cases and
- 8:10ultimately the government
- 8:12SPEAKER_02: didn't move forward with those charges.
- 8:14Given the apparent weakness of the charges in Minnesota and the
- 8:17kind of fuzziness
- 8:18SPEAKER_02: of these conspiracy things,
- 8:20I think it's possible that we could see a dismissal of charges
- 8:23against this.
- 8:24SPEAKER_02: But conspiracy charges in general are
- 8:28is historically a way for the government to get around a lot of
- 8:31First Amendment protections.
- 8:33SPEAKER_02: Like I mentioned,
- 8:34SPEAKER_02: for a conspiracy to happen,
- 8:35SPEAKER_02: you do not need to actually carry out whatever crime you're accused of.
- 8:40SPEAKER_02: So removing this from the context of
- 8:43SPEAKER_02: you can be charged with conspiracy to
- 8:58this is how we're going to distribute them this is how we're
- 9:01going to protect them
- 9:01even if you never carry any of that out if the government has
- 9:05feels that they have
- 9:06sufficient evidence that you were very serious about carrying
- 9:08that out and you were
- 9:09conspiring to carry out this crime they can bring those charges
- 9:13against you
- 9:13SPEAKER_02: Similarly, conspiracy charges have been used against organized crime.
- 9:18SPEAKER_02: Oftentimes,
- 9:18SPEAKER_02: people at the top of an organized crime organization,
- 9:21they're never going to touch guns or money or illegal
- 9:23substances or trafficked
- 9:25SPEAKER_02: people.
- 9:26And so the charges that they wind up being brought up on are
- 9:29conspiracy charges.
- 9:30And so those are probably more legitimate uses of like a
- 9:33conspiracy charge,
- 9:33right?
- 9:34SPEAKER_02: Trying to get inside these very,
- 9:35very difficult to access criminal organizations and show that
- 9:39there's a structure,
- 9:39a command structure that leads back to higher ups even if they
- 9:44never carry out
- 9:45SPEAKER_02: crimes themselves.
- 9:46SPEAKER_02: But in this specific case that we're talking about in Minnesota,
- 9:49SPEAKER_02: there doesn't appear to be any sort of similar structure,
- 9:53any sort of similar sort of kingpin calling the shots on how
- 9:57they should target ICE
- 9:58SPEAKER_02: officers or anything like that.
- 9:59SPEAKER_02: Like Bruce Nestor said, you can basically be accused of a thought crime.
- 10:02You can basically be accused of thinking and telling your
- 10:06friends that you don't
- 10:07SPEAKER_02: think it's okay what ICE agents are doing.
- 10:09SPEAKER_02: That's apparently a crime now.
- 10:11Well,
- 10:11I guess we're going to have to wait and see if these charges
- 10:14will stick.
- 10:15SPEAKER_01: We will
- 10:15SPEAKER_01: pay attention to this case as it develops.
- 10:18SPEAKER_01: Really important stuff, Matt.
- 10:19SPEAKER_01: Thank you for these updates.
- 10:21SPEAKER_02: Absolutely.
- 10:22SPEAKER_02: Kelly, let's turn to you.
- 10:23SPEAKER_02: So this week is the 14th anniversary of DACA.
- 10:25This is a program that has protected over half a million
- 10:28children and young adults
- 10:29from deportation who came to this country with no real choice
- 10:32in the matter.
- 10:33SPEAKER_02: So Trump has tried to end this program during his first term.
- 10:36SPEAKER_02: He was stopped by a Supreme Court ruling.
- 10:38SPEAKER_02: But today, under the second term, the program's facing new threats.
- 10:41SPEAKER_02: So can you tell us what's been going on?
- 10:43SPEAKER_01: Yes,
- 10:44what's happening right now is really a retranslation or a new
- 10:47calculus for the
- 10:48SPEAKER_01: second Trump administration in terms of what it wants to do with DACA.
- 10:52SPEAKER_01: And as a reminder,
- 10:53SPEAKER_01: DACA is a program that launched during the Obama administration,
- 10:57SPEAKER_01: and it stands for Deferred Action for Childhood Arrivals.
- 11:01SPEAKER_01: Recipients of DACA are called DREAMERS, which I love.
- 11:04It's a U.S.
- 11:04immigration policy that basically allows undocumented
- 11:07individuals to
- 11:09who were brought to the U.S.
- 11:10as children to receive temporary protection from deportation.
- 11:14SPEAKER_01: It also makes them eligible for work permits.
- 11:17And recipients of DACA,
- 11:18these dreamers,
- 11:19they can apply for renewal every two years.
- 11:23SPEAKER_01: And when they apply for this renewal,
- 11:24SPEAKER_01: it usually takes anywhere from 15 days to over a month maximum.
- 11:30SPEAKER_01: And when they renew, it allows them to maintain their work permit.
- 11:34SPEAKER_01: They could also get an education.
- 11:36they could have incredible careers they could attend university
- 11:38to go to medical
- 11:39school and obviously prevent deportation this is what's
- 11:43happening right now is that
- 11:45there are numerous cases that dreamers are still waiting to get
- 11:49their renewals
- 11:50after four five six seven months it's an unprecedented
- 11:55extension of this renewal
- 11:57process and it's risking them losing their work permits and
- 12:00then falling out of
- 12:01SPEAKER_01: status
- 12:04SPEAKER_01: Yeah, it's extremely significant.
- 12:06SPEAKER_01: Todd Skolte,
- 12:07SPEAKER_01: who is president of FWD.US,
- 12:10SPEAKER_01: this is a bipartisan advocacy organization,
- 12:13SPEAKER_01: this is what he told CNN,
- 12:14is that he's seeing somewhere between a 400% to 1,000% increase
- 12:19in processing times
- 12:21SPEAKER_01: around the country.
- 12:23SPEAKER_01: This impacts over half a million Dreamers that are currently in the U.S.
- 12:26SPEAKER_01: from over 200 different countries.
- 12:29SPEAKER_01: Wow.
- 12:30SPEAKER_02: So what's the impact of these delays?
- 12:32SPEAKER_02: Does this mean that folks might end up getting deported?
- 12:35SPEAKER_02: How serious is this for them?
- 12:36In the short term,
- 12:37they lose their jobs because they don't have a work permit.
- 12:40SPEAKER_01: When they lose their jobs, they have to eventually
- 12:43SPEAKER_01: withdraw from school, withdraw from anything tied to a work permit.
- 12:47I saw this one report in The Guardian that interviewed a
- 12:49student in medical school
- 12:51SPEAKER_01: who wanted to be a pediatrician,
- 12:53and he asked to withdraw from medical school because he doesn't
- 12:55have a work permit
- 12:56SPEAKER_01: that would allow him to pay off his loans eventually.
- 12:58And now he's kind of in limbo,
- 13:00and he's been in limbo since December of last year.
- 13:03SPEAKER_01: And eventually,
- 13:05SPEAKER_01: if you don't have a work permit,
- 13:07SPEAKER_01: if you don't have a right to be here through this Dreamer program,
- 13:10you can face a heightened risk of deportation and as we have
- 13:15seen so far over 260
- 13:18dreamers have been arrested by immigration enforcement and at
- 13:21least 80 have already
- 13:22been deported over the last year these delays in the renewal
- 13:28process we have yet to
- 13:30see the impact of that because these delays are starting
- 13:33dreamers are starting to
- 13:34feel the pressure of these delays 80 have been deported so far
- 13:37260 dreamers have
- 13:39SPEAKER_01: been arrested
- 13:40that may increase quite exponentially if these renewals are not
- 13:43processed expeditiously.
- 13:47So you mentioned that the Trump administration has a new
- 13:49calculus in its second term.
- 13:50SPEAKER_02: Can you explain what that calculus is?
- 13:52SPEAKER_01: Exactly.
- 13:53SPEAKER_01: So again and again on the show,
- 13:55we have described how the first Trump administration attempts
- 13:59to hit hard at the
- 14:00SPEAKER_01: courts with really,
- 14:01really trumped up lawsuits that try to shave away protections
- 14:06for immigrants across
- 14:07SPEAKER_01: a number of programs and policies.
- 14:10SPEAKER_01: And we find again and again during Trump 2.0,
- 14:13SPEAKER_01: the second administration,
- 14:15they're shifting their calculus to attack the program and to
- 14:18atomize the program in
- 14:19SPEAKER_01: many different ways.
- 14:21Advocates are calling this kind of a multi-pronged dismantling
- 14:25of the Dreamer
- 14:26SPEAKER_01: program or effectively a death by a thousand cuts.
- 14:29Trump attempted to eliminate DACA during the first
- 14:31administration and it was
- 14:32SPEAKER_01: ultimately blocked by the Supreme Court in 2020.
- 14:36and Chief Justice John Roberts put it this way is that the
- 14:40decision or the attempt
- 14:42SPEAKER_01: to end the program was quote arbitrary and capricious.
- 14:46So Trump 2.0 is doing what advocates are calling a
- 14:49multi-pronged dismantling or a
- 14:51SPEAKER_01: death by a thousand cuts.
- 14:53SPEAKER_01: So they're not trying to end the program.
- 14:55SPEAKER_01: They're trying to make the program as difficult as possible to stay in.
- 14:59and these processing delays are happening with what the Trump
- 15:02administration is
- 15:02SPEAKER_01: calling stricter vetting,
- 15:04SPEAKER_01: background check procedures.
- 15:06Advocates are saying that this is actually chalked up to
- 15:09processing backlogs and
- 15:11SPEAKER_01: surges in overall USCIS workloads.
- 15:14Let's remember that the Trump administration laid off nearly 50
- 15:17workers at USCIS
- 15:19SPEAKER_01: earlier in his term,
- 15:21SPEAKER_01: right?
- 15:21SPEAKER_01: So there are just backlogs.
- 15:22SPEAKER_01: There isn't actually a heightened vetting process.
- 15:24SPEAKER_01: The other thing is that Trump recently proposed a new rule
- 15:28SPEAKER_01: that would impose new work authorization restrictions on DACA holders,
- 15:32including a requirement that their employer be enrolled in this
- 15:36technical thing
- 15:36SPEAKER_01: called E-Verify.
- 15:38And the rule also prohibits DACA holders from obtaining
- 15:42commercial driver's license.
- 15:44SPEAKER_01: So he's trying to find ways in to make DACA holders have a harder,
- 15:49SPEAKER_01: harder time of staying in the program and then getting employment,
- 15:52SPEAKER_01: even if they have the work permit to begin with.
- 15:55So it's kind of like forcing them into these situations where
- 15:59they essentially have
- 16:00SPEAKER_02: to break the law to survive.
- 16:01SPEAKER_02: It's like a Jean Valjean situation to use the Les Miserables comparison.
- 16:08SPEAKER_01: There is a massive economic impact on this that an independent,
- 16:13SPEAKER_01: a conservative,
- 16:14a Republican should be very aware of is that if we eliminate
- 16:18the DACA program,
- 16:19SPEAKER_01: DACA recipients contribute almost $17 billion to the U.S.
- 16:22SPEAKER_01: economy annually.
- 16:24Wow Right There's half a million dreamers in this country from
- 16:27over 200 from 200
- 16:29countries as I mentioned previously over 90% of DACA recipients
- 16:34over the age of 25
- 16:35are employed they earn something like 27.9 28 billion dollars a
- 16:40year and that's
- 16:41according to the Institute of Taxation on Economic Policy they
- 16:44pay more than 2
- 16:45billion dollars in local and state taxes they contribute 2
- 16:49billion in social
- 16:50SPEAKER_01: security and medicare
- 16:52SPEAKER_01: So if we strip a work permit from these recipients,
- 16:55SPEAKER_01: if we deport them,
- 16:57SPEAKER_01: goodbye to $2 billion in Social Security and Medicare.
- 16:59SPEAKER_01: Goodbye to $2 billion in state taxes.
- 17:02SPEAKER_01: This is a unique impact also on the healthcare industry.
- 17:06SPEAKER_01: There is a workforce of 37,000 healthcare personnel who are dreamers.
- 17:11SPEAKER_01: So there's already a workforce shortage in the healthcare industry.
- 17:17SPEAKER_01: Removing DACA workers from the labor force
- 17:20could eliminate up to $32 billion in projected lifetime
- 17:23earnings tied to DACA
- 17:25SPEAKER_01: recipients employed in healthcare.
- 17:28And so I found that specific report from the Coalition for the
- 17:31American Dream.
- 17:33SPEAKER_01: And they also mentioned that even if we,
- 17:36SPEAKER_01: let's just say we deport every DACA recipient,
- 17:39SPEAKER_01: God forbid,
- 17:40if we then have to replace DACA recipients specifically for the
- 17:44healthcare industry
- 17:45SPEAKER_01: alone,
- 17:46that could incur more than $8 billion in additional recruitment
- 17:50and training costs.
- 17:52This is going to cost America billions of dollars if we
- 17:55eliminate the Dreamer
- 17:56SPEAKER_01: program and then deport half a million DACA recipients.
- 18:00And that is an economic argument that I would find very,
- 18:02very hard to shake.
- 18:03Yeah,
- 18:03it happens over and over and over again with these immigration
- 18:07themes that we talk about.
- 18:08SPEAKER_02: It is just shooting yourself in the foot.
- 18:11SPEAKER_02: It almost reminds me of Maoist China.
- 18:13It's just taking these decisions that are so bad for your
- 18:16economy for ideological reasons.
- 18:19And then the rest of the ordinary people have to suffer the
- 18:21consequences of it when
- 18:22you get sick and turn up to the hospital and your nurse is
- 18:25overworked and your
- 18:25SPEAKER_02: doctor is overworked.
- 18:27And it's going to take $8 billion and several years to train up
- 18:31their replacements.
- 18:32SPEAKER_02: It's just...
- 18:32SPEAKER_02: So let's talk about the Supreme Court side of this.
- 18:35SPEAKER_02: Supreme Court's wrapping up its term in early July.
- 18:38SPEAKER_02: There's at least two court cases that are going to be really,
- 18:41SPEAKER_02: really consequential to immigrants.
- 18:43SPEAKER_02: Kelly, tell us what's going on there.
- 18:44SPEAKER_01: Yeah, absolutely.
- 18:45SPEAKER_01: I'll make this quick.
- 18:46SPEAKER_01: Two major Supreme Court cases.
- 18:48Number one,
- 18:49the birthright citizenship Supreme Court case is called Trump
- 18:52v.
- 18:52Barbara.
- 18:53SPEAKER_01: And number two, the temporary protected status case.
- 18:56SPEAKER_01: So Trump is seeking to eliminate TPS
- 18:58SPEAKER_01: for 13 different countries.
- 19:00This is called Mullen v.
- 19:01Doe and also another Supreme Court case,
- 19:03Trump v.
- 19:04Myatt.
- 19:05SPEAKER_01: So let's turn to the birthright citizenship Supreme Court case first.
- 19:08As we recall,
- 19:09the last time we heard arguments for this case was in the
- 19:12beginning of April.
- 19:13That was when Trump made a historic first time presidential
- 19:17appearance at the Supreme Court.
- 19:18It was the first time a president ever made an appearance
- 19:20during a Supreme Court case.
- 19:22SPEAKER_01: He left a few minutes in or he left about an hour in to those hearings.
- 19:27SPEAKER_01: The Trump v.
- 19:28Barbara case scrutinizes the executive order that was signed
- 19:32under President Trump
- 19:34SPEAKER_01: during his first day in office.
- 19:35SPEAKER_01: This is Executive Order 14160.
- 19:39SPEAKER_01: basically targets the citizenship status of children born in the U.S.
- 19:42SPEAKER_01: to unauthorized immigrant parents or parents living in the U.S.
- 19:46SPEAKER_01: temporarily.
- 19:47SPEAKER_01: And so during that first April hearing,
- 19:50just based off of the arguments and the ways that the Supreme
- 19:53Court justices were
- 19:55SPEAKER_01: questioning the Trump administration's argument,
- 19:57SPEAKER_01: it doesn't look like he's going to win this case.
- 19:59SPEAKER_01: There is not a lot of confidence among the chief justices.
- 20:03SPEAKER_01: So
- 20:05SPEAKER_01: of the 20 cases that the Supreme Court justices are wrapping up,
- 20:08we're going to hear a deliberation on this particular case by
- 20:12the end of June or
- 20:14SPEAKER_01: maybe early July at the latest,
- 20:15SPEAKER_01: but it really could be any week now.
- 20:16This is a top priority and probably one of the most
- 20:19consequential for immigrants
- 20:20SPEAKER_01: right now in the United States.
- 20:22SPEAKER_02: Yeah.
- 20:23SPEAKER_02: I'll be sure to cover that when the decision comes out.
- 20:26SPEAKER_02: It's just going to have such an impact on
- 20:28So far there are 13 countries that have temporary protected
- 20:29status here,
- 20:30Haiti,
- 20:30Venezuela.
- 20:55Afghanistan used to be one of them but the Trump administration
- 20:58eliminated TPS
- 20:59status for Afghans earlier in his term so the last time we
- 21:03heard Supreme Court
- 21:04arguments for TPS was on April 29th and there was a recent
- 21:10update on Tuesday
- 21:11lawyers for Haitian immigrants filed a motion asking the
- 21:15Supreme Court to toss out
- 21:16the Trump administration's attempt to remove TPS for the
- 21:20330,000 Haitians that are
- 21:22SPEAKER_01: here under that status
- 21:24The group of TPS recipients claim that the Trump administration
- 21:28failed to follow
- 21:29SPEAKER_01: required legal processes before attempting to end those protections.
- 21:34SPEAKER_01: So right now,
- 21:35SPEAKER_01: this is pretty unusual for the Supreme Court,
- 21:38but they agreed to hear that particular case before a lower
- 21:42federal appeals court
- 21:44SPEAKER_01: had the opportunity to even review it.
- 21:46SPEAKER_01: So that is kind of in a discovery process right now.
- 21:49SPEAKER_01: We're going to keep an
- 21:50SPEAKER_01: We're going to keep an eye on what these arguments will look like.
- 21:53SPEAKER_01: I think an update on this case will happen really, really soon.
- 21:57SPEAKER_02: Absolutely.
- 21:58SPEAKER_02: Thanks for these updates, Kelly.
- 21:59SPEAKER_02: I really appreciate you.
- 22:00SPEAKER_01: Absolutely.
- 22:01SPEAKER_01: We're going to take a quick break.
- 22:03SPEAKER_01: When we return,
- 22:04Matt and I will discuss the two most important arenas drawing
- 22:07the attention of ICE
- 22:08SPEAKER_01: enforcement right now,
- 22:10SPEAKER_01: election voting booths and the FIFA World Cup.
- 22:12SPEAKER_01: Stick with us.
- 22:18SPEAKER_02: Hey guys, Matt here.
- 22:19We have just passed our three month anniversary of starting
- 22:23this week on ICE and we
- 22:24SPEAKER_02: are incredibly grateful for the response,
- 22:27SPEAKER_02: not just in the United States but from all across the world,
- 22:30SPEAKER_02: Mexico,
- 22:30SPEAKER_02: Germany,
- 22:30SPEAKER_02: Colombia,
- 22:31SPEAKER_02: the UK,
- 22:32SPEAKER_02: many other friends internationally.
- 22:34SPEAKER_02: That's what I really wanted to talk about.
- 22:36SPEAKER_02: When I was recently in China for a few months,
- 22:38SPEAKER_02: I had many interesting conversations with Chinese people,
- 22:43SPEAKER_02: with other travelers from outside of China and
- 22:47SPEAKER_02: The question that I was asked most frequently was about immigration,
- 22:51what it's like to live in the United States amid this crackdown
- 22:54that the whole
- 22:55SPEAKER_02: world is watching.
- 22:56So it is not just a story that affects us even though our
- 23:00communities in the United
- 23:01States are so deeply affected and traumatized by the violence
- 23:04inflicted on them by
- 23:05SPEAKER_02: the federal government.
- 23:07It is something that the whole world is watching and the whole
- 23:09world is worried about.
- 23:11and that's why I'm so proud to inform you that we've been
- 23:13awarded a seed grant by
- 23:14the Fund for Investigative Journalism that's going to help us
- 23:17deepen our original
- 23:18reporting and continue to hold power to account as the
- 23:22immigration crackdown
- 23:22SPEAKER_02: continues.
- 23:24SPEAKER_02: That being said, we need your help.
- 23:25SPEAKER_02: If the show has helped keep you informed,
- 23:28if it helps keep you feeling like you have a way to fight back
- 23:32against the violence
- 23:33SPEAKER_02: being inflicted on your community,
- 23:35SPEAKER_02: please consider sharing it with a friend.
- 23:37SPEAKER_02: Give us a five-star rating on Apple Podcasts, on Spotify.
- 23:40SPEAKER_02: Pledge to join us on Substack.
- 23:42SPEAKER_02: We could really use your financial support.
- 23:45And it's your listenership and your support and your questions
- 23:48that are the engine
- 23:49SPEAKER_02: for our independent journalism.
- 23:52We really appreciate your support and we're counting on you to
- 23:55keep producing the show.
- 23:56SPEAKER_02: Thank you for listening.
- 24:01SPEAKER_02: Welcome back to This Week On ICE.
- 24:02SPEAKER_02: In this segment,
- 24:03we're talking about two major arenas where the Trump
- 24:05immigration crackdown is
- 24:07SPEAKER_02: becoming more and more prominent,
- 24:09SPEAKER_02: voter booths and the FIFA World Cup.
- 24:11SPEAKER_02: So Kelly, why don't we start with the polls?
- 24:15SPEAKER_02: We've just had local
- 24:16elections here in DC,
- 24:17primaries across the United States over the last several
- 24:20months.
- 24:21SPEAKER_02: But as the midterm elections are approaching in November,
- 24:25we know that Trump believes millions of non-citizens are voting
- 24:28illegally.
- 24:29SPEAKER_02: And he's often claimed falsely.
- 24:31That's why he lost the popular vote in 2016,
- 24:34lost the general election in 2020.
- 24:36SPEAKER_02: There's no basis.
- 24:37SPEAKER_02: In fact, there's no evidence for these claims.
- 24:40SPEAKER_02: And yet we're seeing him persist with this falsehood.
- 24:42SPEAKER_02: So what's the latest and how does ICE play into it?
- 24:46SPEAKER_01: Absolutely.
- 24:46SPEAKER_01: So there are two prongs to this.
- 24:48One is ICE investigators are trying again and again to go
- 24:51straight to local
- 24:52SPEAKER_01: election officials for individual voter files.
- 24:56The second piece of this is that DHS and DHS Secretary Mark
- 25:00Wayne Mullen keeps kind
- 25:01of brandishing this weapon or this threat that ICE agents will
- 25:05be at the polls.
- 25:06SPEAKER_01: It would be illegal for ICE agents to actually be at the polls.
- 25:09SPEAKER_01: There is a really strict constitutional line where
- 25:12SPEAKER_01: states have to monitor the polls, not the federal government.
- 25:16SPEAKER_01: So let me look at prong one.
- 25:19Axios earlier this week reported an exclusive and found that
- 25:22ICE investigators were
- 25:24SPEAKER_01: successfully able to obtain the voter records in Webb County,
- 25:28SPEAKER_01: Texas,
- 25:29SPEAKER_01: and Forsyth County in North Carolina.
- 25:32We don't know yet what they will do with these files or what
- 25:35they may find,
- 25:36SPEAKER_01: but the fact that they were able to obtain these voter records is pretty
- 25:40SPEAKER_01: really, really unprecedented.
- 25:42SPEAKER_01: And these are just the two counties that were reported by Axios.
- 25:45SPEAKER_01: Who knows if there are others?
- 25:47SPEAKER_01: As we might recall,
- 25:48SPEAKER_01: earlier this year,
- 25:49SPEAKER_01: Trump sued 20 different states for not turning over voter files.
- 25:53It has yet to be seen if there may be more voter files obtained
- 25:56by ICE investigators.
- 25:58SPEAKER_01: It's really the latest affront to voter rights,
- 26:01SPEAKER_01: and it's really an affront to the Constitution as well.
- 26:05seems like again and again with the first story we mentioned
- 26:08and the second story,
- 26:09there's an increasing conflict between this immigration
- 26:13enforcement and First
- 26:15SPEAKER_02: Amendment rights,
- 26:16SPEAKER_02: right?
- 26:16SPEAKER_02: Our right of assembly, our right of speech, our right to vote.
- 26:19SPEAKER_02: There's a direct
- 26:20contract conflict between what I consider the most important
- 26:23individual right that
- 26:24SPEAKER_02: we have in the U.S.
- 26:25Constitution and this effort to kick out millions and millions
- 26:29and millions of
- 26:30SPEAKER_02: people,
- 26:31SPEAKER_02: as well as terrorize citizens who are just caught up in the middle of it.
- 26:36SPEAKER_02: And so I'm curious how you have been processing that, Kelly.
- 26:41SPEAKER_02: You've been,
- 26:41SPEAKER_02: I think,
- 26:41SPEAKER_02: to more of these enforcement actions than I have been as a reporter,
- 26:45SPEAKER_02: as a photographer.
- 26:46SPEAKER_02: In fact,
- 26:47SPEAKER_02: as I'm thinking about it,
- 26:48SPEAKER_02: like Delaney Hall,
- 26:48SPEAKER_02: we were talking about the First Amendment a lot.
- 26:51Do you have any thoughts on this conflict that's emerging as
- 26:53the theme in our
- 26:54SPEAKER_02: reporting over the last several months?
- 26:57SPEAKER_01: Yeah,
- 26:58SPEAKER_01: I think something that I find really,
- 27:01really difficult to understand is the ways in which they're
- 27:06cherry-picking when the
- 27:07SPEAKER_01: Constitution applies and when the Constitution doesn't.
- 27:11SPEAKER_01: For time immemorial, Republicans have been saying that
- 27:15SPEAKER_01: More rights need to go to the states.
- 27:16SPEAKER_01: The states need to decide on maternal health care.
- 27:18SPEAKER_01: The states need to decide on education.
- 27:21SPEAKER_01: And here we are saying the Constitution grants the election.
- 27:27The Constitution grants states advisory over elections,
- 27:31not the federal government.
- 27:32SPEAKER_01: And yet we're seeing many government officials saying we need ISAT polls.
- 27:37SPEAKER_01: We need ISAT polls.
- 27:38SPEAKER_01: We need ISAT polls.
- 27:39But this is what conservatives are even saying about the
- 27:42possibility of non-citizen voting.
- 27:44There have been documented cases of non-citizen voting in
- 27:48minuscule numbers.
- 27:49SPEAKER_01: These are numbers from the Heritage Foundation, which made Project 2026.
- 27:54SPEAKER_01: Is that what it was called?
- 27:55SPEAKER_01: Project 2025?
- 27:56SPEAKER_02: It's Project 2025.
- 27:58SPEAKER_02: Yeah.
- 27:58SPEAKER_02: And just like people are contextualized,
- 28:00SPEAKER_02: the Heritage Foundation is the furthest right think tank that is socially
- 28:07SPEAKER_02: acceptable in Washington,
- 28:08SPEAKER_02: C.
- 28:08SPEAKER_02: If you go beyond them to the right
- 28:10SPEAKER_02: You're talking with like actual Nazis, like actual fascists.
- 28:14SPEAKER_02: So anyway, go ahead, Kelly.
- 28:15SPEAKER_01: Yeah.
- 28:16SPEAKER_01: So the thing is that,
- 28:17SPEAKER_01: again,
- 28:18this cherry picking of states' rights versus the federal
- 28:20government's advisory,
- 28:21SPEAKER_01: federal government's oversight.
- 28:23SPEAKER_01: And here we are, the Heritage Foundation.
- 28:25SPEAKER_01: They are a conservative think tank, hyper conservative.
- 28:27SPEAKER_01: They have tracked convictions and court records of voter fraud.
- 28:31There have been only 100 documented cases of non-citizen voting
- 28:35between 1982 and 2025.
- 28:38SPEAKER_01: So the idea,
- 28:40SPEAKER_01: this very,
- 28:40very frail argument that ICE needs to be at the polls to be
- 28:44sure that there are no
- 28:45SPEAKER_01: non-citizens voting at the polls is as fragile as it gets if the Heritage
- 28:50Foundation of all think tanks are saying only 100 documented
- 28:53cases of non-citizen
- 28:55SPEAKER_01: voting has existed in 40,
- 28:57SPEAKER_01: 50 years
- 28:59SPEAKER_02: Yeah, let's contextualize that.
- 29:00SPEAKER_02: That is hundreds of millions,
- 29:01SPEAKER_02: if not possibly over a billion votes cast in the last 43 years,
- 29:05SPEAKER_02: right?
- 29:06SPEAKER_02: And a hundred times,
- 29:07a hundred times they could prove that someone who wasn't
- 29:10allowed to vote voted.
- 29:11SPEAKER_02: Unbelievable.
- 29:12SPEAKER_02: It is not a problem.
- 29:13SPEAKER_02: It is not a problem.
- 29:15And yet this is increasingly the justification for the
- 29:18deployment of ICE agents
- 29:19SPEAKER_02: into these voting booths.
- 29:21SPEAKER_01: And I want to talk about the second prong of this.
- 29:24SPEAKER_01: So we're talking about voter records of previous elections.
- 29:26SPEAKER_01: We have midterm elections coming up in November.
- 29:29This is the news so far about what we think might happen at the
- 29:32polls in November.
- 29:34So senior administration officials and top allies have made
- 29:37repeated claims that
- 29:38SPEAKER_01: they may deploy ICE to poll sites.
- 29:41Advocates like the Brennan Center for Justice have argued that
- 29:44doing so of course
- 29:45SPEAKER_01: would be illegal.
- 29:47SPEAKER_01: DHS Secretary Mark Wayne Mullin said on Sunday that ICE,
- 29:50SPEAKER_01: quote,
- 29:50SPEAKER_01: would only be deployed at polls during the midterms if a threat arises.
- 29:55SPEAKER_01: But even if ICE is not even at the polls in November,
- 29:59SPEAKER_01: which would be illegal,
- 30:01SPEAKER_01: it already enforces a chilling effect.
- 30:03There's already this fear that may potentially intimidate
- 30:07immigrant voters and
- 30:08SPEAKER_01: discourage them from election turnout.
- 30:10And that,
- 30:11I think,
- 30:11is the real effect that DHS wants to have at the polls this
- 30:16November.
- 30:17SPEAKER_02: Absolutely, absolutely.
- 30:18SPEAKER_02: Thank you for that, Kelly.
- 30:19SPEAKER_02: We will be, of course, monitoring that very carefully.
- 30:21SPEAKER_02: And as the elections approach,
- 30:23we'll be giving you advice on how to protect yourself from ICE
- 30:25at the polls as we
- 30:26SPEAKER_02: see whether or not they're going to be deployed.
- 30:29SPEAKER_01: Yeah.
- 30:30Well,
- 30:31Matt,
- 30:31let's end strong with a topic that is on everybody's mind,
- 30:34the World Cup.
- 30:35We know from a previous episode that SoFi Stadium workers in
- 30:38Los Angeles threatened
- 30:40to strike if ICE agents were deployed to the stadium during
- 30:42World Cup matches.
- 30:44SPEAKER_01: So a couple weeks ago, SoFi workers won their negotiations.
- 30:47SPEAKER_01: ICE was not deployed to the stadium.
- 30:49SPEAKER_01: Workers are indeed operating at SoFi during the World Cup matches.
- 30:53SPEAKER_01: But as we know, the World Cup is the biggest in FIFA history.
- 30:56SPEAKER_01: It's taking place across Mexico, the U.S., and Canada.
- 31:00What is the latest when it comes to ICE activity across the
- 31:03World Cup match?
- 31:04SPEAKER_02: This is a rare opportunity for me to report some good news.
- 31:07SPEAKER_02: Like you said, the SoFi workers won their negotiations.
- 31:12SPEAKER_02: ICE was not deployed to that stadium in LA.
- 31:14SPEAKER_02: Adarri Senor, our former guest, huge role in that.
- 31:17SPEAKER_02: We really appreciate her coming on.
- 31:19SPEAKER_02: And big, big ups to the workers in LA.
- 31:22like I said pretty much good news like we've not seen ICE
- 31:25arrest people at any
- 31:26SPEAKER_02: stadiums in the U.S.
- 31:27SPEAKER_02: yet we have seen most people coming to visit for the U.S.
- 31:30have this great time you know famously the Scottish fans appear
- 31:33to have drunk all
- 31:34the beer in Boston that is a fact it's a fact they drank all
- 31:38the beer in Boston who
- 31:39knew I've also I was dying there was this Japanese guy who
- 31:43wrote on Twitter about
- 31:44going to a Mexican restaurant in the United States and he was
- 31:47just in awe of
- 31:48SPEAKER_02: getting free refills of chips and he was like there's a limit
- 31:52SPEAKER_02: well of salsa.
- 31:53SPEAKER_02: What an amazing country.
- 31:54SPEAKER_02: I think most people have been having a really good time,
- 31:56but I did want to talk about a couple of immigration-related
- 31:59incidents that I think
- 32:00SPEAKER_02: have highlighted the tension still in this World Cup.
- 32:04SPEAKER_02: The first and most prominent one, there's a referee from some
- 32:07SPEAKER_02: that FIFA had hired to come in and referee these games.
- 32:11SPEAKER_02: Just to give folks some context,
- 32:12it's incredibly difficult and competitive to become a FIFA
- 32:15certified referee.
- 32:16SPEAKER_02: You have to really work your way up, take a ton of tests.
- 32:19SPEAKER_02: You have to be very physically fit as well in order to oversee
- 32:22is one of the most important things that you can see in the
- 32:24United States.
- 32:43a bad optics incident where the Senegalese football team was
- 32:48patted down on the tarmac.
- 32:50SPEAKER_02: There's been some confusion there.
- 32:51I think when these photos initially came out,
- 32:54it was this very stark image of this African team
- 32:58being physically handled by immigration agents the team has
- 33:01since clarified that
- 33:02this was actually an expedited procedure that would essentially
- 33:05allow them to enter
- 33:06the United States a little bit more quickly so the optics
- 33:10weren't good but I think
- 33:11there's some nuance there that the Senegalese have offered so I
- 33:14just wanted to make
- 33:15SPEAKER_02: sure that we were clear on that but for me the thing that that
- 33:19SPEAKER_02: kind of broke my heart more than anything.
- 33:21SPEAKER_02: I'm not sure.
- 33:21SPEAKER_02: Did you see the Cabo Verde-Spain game a couple of weeks ago?
- 33:26SPEAKER_02: I saw highlights of it.
- 33:27SPEAKER_02: Oh, okay.
- 33:28SPEAKER_02: I was watching this game.
- 33:29Initially,
- 33:29I had it on the background because I was like,
- 33:31Spain's going to run away with it.
- 33:33SPEAKER_02: But the Cabo Verde-Ins kept it 0-0 the entire match.
- 33:38most exciting scoreless game I've ever seen by the end of it I
- 33:40was like riveted I
- 33:41was like come on hang on Cabo Verde and their goalie this guy
- 33:45he played an amazing
- 33:46game he was saving strikes you know no one knew the announcers
- 33:49didn't know his name
- 33:50no one knew who this guy was he was saving strikes from some of
- 33:52the best players
- 33:53anywhere in the world the Spain team cost hundreds of millions
- 33:56of dollars in
- 33:57contracts the Cabo Verdeans you know they're they're the best
- 34:00that their country
- 34:01SPEAKER_02: has country half a million people
- 34:02but not anyone famous and he just played the game of his life
- 34:06but after the game he
- 34:07broke down and he started crying because his mom was not able
- 34:10to witness him
- 34:11because she couldn't afford the $15,000 bond that the US
- 34:15requires for folks from
- 34:16SPEAKER_02: Cabo Verde to get considered for a visa.
- 34:19And so it's an example of US immigration policy sort of unduly
- 34:22burdening people from Africa.
- 34:24SPEAKER_02: I do have a little bit of good news to report there,
- 34:27which is that the head of FIFA has put up his own money to bond
- 34:32a visa for the
- 34:34SPEAKER_02: I'm rooting for Mexico
- 35:01I am rooting for Mexico I was I visited twice this year I went
- 35:07I spent a couple of
- 35:08weeks in Mexico in late February I'm sorry late January early
- 35:12February and
- 35:14completely fell in love with the country I loved it so much I
- 35:16came back in April
- 35:18and the country has stolen my heart has it's a beautiful
- 35:21country beautiful people
- 35:23and I think they deserve it they deserve to take it and I
- 35:25watched the game Mexico
- 35:26SPEAKER_01: versus South Korea last night yeah
- 35:29they played a hell of a game really and so that's who I'm
- 35:33rooting for I also have
- 35:35some good news to add on top of your good news is that the
- 35:39Somali referee which I
- 35:41would love to say his name is Omar Abdul Qadir Artan FIFA is
- 35:45going to pay the full
- 35:46fee that he was owed even though he was not reffing and that's
- 35:50what gives me some
- 35:51hope is that this is a beautiful beautiful game it is an
- 35:53international game and I
- 35:55SPEAKER_01: think to be reminded of the camaraderie of this beautiful sport
- 35:59SPEAKER_01: during these hard times is such an important reminder right now.
- 36:02And I'm really glad that the World Cup is happening in such a
- 36:05broad spread across
- 36:06SPEAKER_01: North America to remind everybody of that beauty.
- 36:09SPEAKER_02: Absolutely.
- 36:10I'm really happy that folks are able to witness the great
- 36:12things about the United
- 36:13SPEAKER_02: States,
- 36:14SPEAKER_02: even as we are not popular across the world,
- 36:16SPEAKER_02: as I'm sure you've been able to see on your travel.
- 36:18SPEAKER_02: I think once you get into the United States, we're friendly people.
- 36:22SPEAKER_02: We really, really like having visitors.
- 36:24And I can't wait to see more posts from Germans going to Waffle
- 36:28House for the first
- 36:29SPEAKER_02: time and being blown away by a stack of 15 waffles.
- 36:32SPEAKER_02: It's the best.
- 36:34SPEAKER_01: Yeah, absolutely.
- 36:36SPEAKER_01: Alright, well, on that note, that is it for us this week.
- 36:40SPEAKER_01: Thank you for listening.
- 36:41You can reach us at thisweekonice at gmail.com with questions,
- 36:45comments,
- 36:45or tips.
- 36:46SPEAKER_01: If you like this podcast, please go ahead and share it with a friend.
- 36:50SPEAKER_01: Stay safe, look out for your neighbors, and we'll see you next time.
- 36:53SPEAKER_02: See you soon.