The Buzz: How Trump’s immigration policies affect Southern Arizona

Five days on the job and President Donald Trump already started his second term with ten executive orders–effectively wiping out many Biden-era immigration policies immediately.

“With these actions, we will begin the complete restoration of America and the revolution of common sense,” Trump said following his inauguration.

With promises of expedited removals, reinstating the "Remain in Mexico" policy, and conducting what he says will be the largest mass deportation operation in U.S. history, Trump’s actions have sparked widespread debate on the extent of presidential power. One issue that creates controversy is Trump’s executive order revoking birthright citizenship.

Lynn Marcus, the founder and director of the University of Arizona’s Immigration Law Clinic, emphasized that while Trump cannot amend the Constitution, he can reinterpret it.

“This is an interpretation that's not ever been tested of the 14th Amendment,” Marcus said. “The weight of legal authority goes against that, and then US history and the statutory history. So, it's not expected that the Supreme Court will endorse this view of the Constitution.”

The legal battles have already begun to play out. On Thursday, a federal judge temporarily blocked the executive order that would end automatic citizenship for children born on American lands.

“This is a blatantly unconstitutional order,” the judge said. “I have difficulty understanding how a member of the bar would state unequivocally that this is a constitutional order. It just boggles my mind.”

In response, Arizona Attorney General Kris Mayes, who also filed a lawsuit against the executive order, celebrated the temporary restraining order.

"Today’s ruling by Federal District Court Judge John C. Coughenour is a win for the rule of law and the U.S. Constitution," she said. "His decision to grant a temporary restraining order against President Trump’s 'blatantly unconstitutional' executive order ending birthright citizenship is the first of many wins to come as my office fights instances of executive overreach and any illegal actions the new administration may take. No president can change the constitution on a whim and today’s decision affirms that."

Trump’s justice department has already said that it would defend the president’s order. Other policies like “Remain in Mexico”, which dates back to Trump’s first term, are contingent on cooperation from Mexico, Marcus says.

“(The Remain in Mexico policy is for) non-Mexicans who were seeking to enter the United States to apply for asylum, (but) were sent back to Mexico to wait for their hearings there… along the border,” Marcus said.

As for people who are in the United States without legal status, Trump has enacted expedited removals, which allows for them to be deported without a court hearing.

“Unless a person has been in the United States continuously for at least two years and expresses a fear of return or asks to apply for asylum and passes an asylum screening test, if they didn't enter the country legally, they can be removed without a hearing.”

Marcus assures that people without legal status still have protections, like the right to remain silent and counsel. However, in removal proceedings, finding a counselor does not come at the government’s expense.

“If you're undocumented and you have US citizen children, what are you going to do if you are apprehended, if you are taken into custody and no one else has a power of attorney, for example, or a guardianship? How are you going to manage your property?” Marcus said. “There are some things that people can plan for and take steps and prepare documents for.”

The Consulate of Mexico

Ahead of Trump’s inauguration, Mexican President Claudia Sheinbaum announced the enhancement of the country’s 53 consulates in the United States, promising to “protect” and when necessary “defend” Mexican nationals.

“Rest assured that we will always defend our sovereignty and independence. That we will always support the Mexicans who are in the United States,” Sheinbaum said in Spanish during a press conference on Tuesday.

“It is important to always have a cool head,” she continued, in Spanish.

Rafael Barceló Durazo, the head of the consulate of Mexico in Tucson, says in many ways, he views Mexico’s relationship with the United States like a relationship between siblings.

“Sometimes you get to quarrel about some things…but the fundamental part of your relationship is so deep that you are going to find the ways to resolve the disagreements that you might have,” he said. “That happened in the first Trump administration, and that is going to happen in the second Trump administration.”

In his perspective, Barceló Durazo believes that people and the media forget that immigration does not start at the border.

“You have to understand that migration starts when people leave their community of origin and (while) Mexico is a country of origin of migrants, but it's also a country of destinations of immigrants. It is also a country of transit of millions of migrants across the decades that have crossed through our territory to come to the United States, and it is also a territory of return of immigrants.”

For Mexican citizens who are unsure of what rights they may have, he assures them to call their closest consulate. Arizona has 5 Mexican consulates–each in Douglas, Yuma, Nogales, Tucson, and Phoenix.

“It's very, very important for people to understand that regardless of their immigration status, they do have constitutional rights where they are.”

The ConsulApp Contigo is another resource for Mexican citizens if they cannot reach a consulate or want more resources. The app, which is available on Apple and Android platforms right now, features a button for users to alert their emergency contacts and consulate officials if they’re facing detention. Users can also use the app to know their rights, schedule an appointment to seek passport services and find the closest consulate.

“All of those ways the app is making (it) easier to communicate with the counselors anytime, but particularly now that so many people are concerned about what is going to mean all the migratory changes that the new administration has announced.”