Legal Challenge Against ICE’s Policy Shift Draws Attention
In a significant legal move, a former Milwaukee teacher’s aide is among those challenging a recent change in federal immigration policy. The lawsuit, filed this month, targets Immigration and Customs Enforcement (ICE) for allegedly violating federal laws and policies designed to protect crime victims.
Historically, ICE has tended to avoid deporting individuals with certain pending legal status applications, such as visas for crime victims who assist law enforcement. However, according to the complaint, a policy shift in 2025 has led to a stark change. Under this new “blind removal policy,” ICE is accused of arresting, jailing, and deporting individuals without assessing the legitimacy of their protected status requests.
Rebecca Brown, an attorney with the nonprofit Public Counsel, criticized the policy, stating, “It is a policy of arrest first, ask questions later.” She further noted, “In some cases, the government is sending these survivors straight back into the hands of their abusers.”
The lawsuit also claims that ICE is deporting crime victims who have been granted “deferred action,” a temporary legal permission to stay in the U.S. This is allegedly happening without prior notice or a chance to contest, effectively revoking their deferred status.
Erika Cervantes from the Center for Human Rights and Constitutional Law, involved in filing the lawsuit, added that these policy changes are eroding public safety. “Folks don’t want to speak to police anymore, and there’s no trust in the criminal justice system,” she said to WPR. “The consequence of that is that there’s going to be more unreported crime.”
The lawsuit highlights the impact on individuals applying for visas under the Violence Against Women Act, as well as T-visas for trafficking victims and U-visas for serious crime victims.
Milwaukee’s Yessenia Ruano Takes Legal Action
One of the plaintiffs, Yessenia Ruano, aged 38, crossed into the U.S. in 2011 escaping violence in El Salvador, only to become a trafficking victim. While detained, she applied for legal protection, successfully passing a “credible fear” interview. Yet, her immigration journey has been fraught with challenges.
Despite her efforts, including attending all required court hearings and ICE check-ins over 14 years, an immigration court dismissed her application for withholding of removal in 2023. This led her to apply for a T-visa, but her request for an emergency stay was denied, prompting her to self-deport with her daughters to avoid their trauma from witnessing her potential arrest.
The lawsuit accuses the federal government of infringing on constitutional rights and due process. In response, Homeland Security spokesperson Tricia McLaughlin dismissed the complaint as “clickbait,” asserting that all removed individuals had due process and no legal right to remain in the country.
