This Week On ICE

Welcome back to This Week on ICE. This week, we’re tracking several consequential developments in U.S. immigration policy made in the last week. We’re also diving even deeper into the unprecedented dilemma for Afghan allies stranded at a way-station in Doha, Qatar. Plus: We’ve brought on our new co-host for a little bit while Matt is traveling — Ben Camacho. Welcome, Ben! We’re so glad you’re here. Let’s get started.The top line: Trump’s suspension of asylum cases at the U.S. southern border is illegal, per a recent federal appeals court decision. Here’s what that means:Since January 2025, the Trump administration shut down migrants’ ability to seek asylum at the U.S. southern border, preventing hundreds of thousands of families from pleading their legal case to enter the U.S. after facing violence, persecution, or severely limited opportunity in their home country. That may be over.“There has been zero processing of asylum cases at the U.S. southern border since Inauguration Day. But, basically, [the U.S. Court of Appeals for the District of Columbia Circuit] said that the President can't circumvent immigration law. Go figure.”— KellyBut there’s another update at the border wall: An Indigenous community centered in Tecate, Baja California, claims construction, excavation, and even detonations have begun near the community’s sacred Cerro Cuchumá, which is protected by a long-standing agreement with the U.S. government that prohibits development in the area. Despite the site’s designation in the National Register of Historic Places, and despite this week’s federal appeals court decision, border wall construction is moving full speed ahead at a key crossing point that once saw as many as 200 to 300 migrants monthly.“One of the reasons that Matt and I founded this podcast was to track the ways in which norms are being subverted: When it comes to the Trump Administration, in every way that is possible, rule of law has been atrophied. Rule of Law is a suggestion. In this case, they are impeding on an agreement made in the 90s between the U.S. and a community that has existed before modern borders were even in place.” — KellyAlso on our radar: Adelanto ICE Processing Center may be forced to unseal documents surrounding a violent use-of-force incident. Ben gives us the latest:In June of 2020, Adelanto ICE Processing Center — which is owned by GEO Group —reportedly used chemical agents on detainees protesting facility conditions, and then allegedly denied them adequate medical care. Now, members of the press, including the groups Public Justice, The First Amendment Coalition, The Southlander (which is Ben’s newsroom), and LA Public Press just won a “motion to intervene,” allowing them to ask to unseal confidential court records and demand transparency around how this federally contracted detention center operates.What have been the defining markers of these partnerships between the Trump Administration and private prison companies like GEO Group? — KellyIt’s money, money, money. ICE detention centers and prisons are a multi-billion dollar industry in the United States. Just last year GEO Group and CoreCivic, which is another private prison company, received over $2 billion from the federal government. These agreements are [on the receiving end of] ICE raids, courthouse arrests, brutalities, summary executions of U.S. citizens. It’s a industry of violence that is fueled by violence, and people at the top are getting paid by it,” — BenA key hearing on the motion to unseal Adelanto’s documents is set for May 18. Stick with us, and we’ll provide updates as they come. Plus: ICE can’t automatically detain those they arrest, per another federal appeals court decision — for now.Ricardo Cunha, a Brazilian national, lived in Massachusetts for over 20 years before being detained by ICE last year. He sought release on bond while his immigration case processed, but the federal government argued that anyone detained during immigration raids could be held without bond or hearings. Advocates have warned that such a policy strips away due process and allows authorities to detain individuals arbitrarily, with little oversight or accountability. “What this equates to is mandatory, indefinite detention for anyone who gets taken by ICE. And I think that’s what’s at the heart of this case, ” — BenOn Your Way Out: We dive deeper into what may become of Afghan allies stranded in Qatar.Last fall, Trump halted a key U.S. resettlement program that resettled 190,000 Afghans who helped the American war effort in Afghanistan. Today, 1100 of these allies have been in limbo at a way-station run by the State Department in Doha, Qatar.Fast forward to today: Trump is in talks to force these allies to choose between two impossible choices: Get deported back to Afghanistan, where they face near-certain death and violent persecution by the Taliban for their services to the U.S. military, or get deported to the Democratic Republic of Congo.“The real kicker is that this program did not just come out of thin air. The program [built on top of] existing, vetted, lawful immigration pathways that were created by Congress, some that were even forged during the first Trump administration,” — KellySo, where are we at right now? The State Department has declined to provide any updated so far. But what we do know is that the advocacy group Afghan Evac is working on an emergency bill to protect these allies in Doha, Qatar. As for the camp in Qatar, it is reportedly slated for closure in the near future. At a press conference hosted by Afghan Evac last week, Kelly clocked a bold argument made by Major General Paul Eaton, who is a former United States Army officer who commanded the operations to train Iraqi troops during Operation Iraqi Freedom: “[Major General Eaton] argued this is a very bad strategy. We’re basically broke our promise to Afghan allies. And if, in the future, we start another war, which, under this administration is pretty likely, and we need allies on the front lines to protect our troops, they’re going to look toward what what happened to Afghan allies, and wonder, ‘will that happen to us?’ So now this becomes a national security issue, which is the very thing the Trump administration has said they’re trying to prevent by deporting Afghan allies to DRC,” — KellyThat’s all for now. Keep sending your questions, comments and thoughts to [email protected]. Catch you next time.— Kelly and Ben This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit thisweekonice.substack.com