LINCOLN, Nebraska — A new report from the ACLU of Nebraska accuses the U.S. Department of Justice immigration court in Omaha of routinely violating due process rights in immigrants’ removal proceedings.
The new report, unveiled Friday, is based on more than 500 pretrial hearings that researchers watched between April and August 2023. A team recorded the process and outcome of each hearing, including its length, whether immigrants were advised of their rights, the language they spoke and whether they had an interpreter or attorney.
The court oversees cases for people living in Nebraska and Iowa.
Dylan Severino, legal fellow for the Nebraska ACLU and the report’s lead author, said federal law guarantees that immigrants receive a full and fair removal hearing.
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“What we saw is a far cry from that guarantee,” he said in a statement.
The U.S. Department of Justice’s Executive Office for Immigration Review, which oversees such immigration courts, did not immediately respond to a request for comment Friday.
Rights called an ‘unmovable object’
Dylan Severino is a legal fellow for the ACLU of Nebraska. (Photo courtesy of the ACLU of Nebraska)
About 40% of removal proceedings for the Omaha court include people living in Iowa, according to the ACLU of Iowa. It also said more than 2,600 new proceedings were filed against people living in Iowa in the current fiscal year. Comparable figures were not provided for Nebraska.
Severino said pressures on courts, including growing caseloads and backlogs, should not affect constitutional rights.
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“That’s an unmovable object that simply cannot be fringed upon for the sake of expediency,” Severino said at a Friday news conference.
The Nebraska ACLU’s report, produced in partnership with the University of Nebraska-Lincoln Legal Decision-Making Lab, presents four takeaways from 534 observed hearings:
The duration of each procedural pretrial hearing was 3.9 minutes.
Judges read immigrants their rights in 18% of observed hearings, often in group settings.
For 32 immigrants whose preferred language was a Central American Indigenous language, such as Mam, Q’anjob’al and K’iche’, 81% did not have an interpreter.
An attorney did not represent an immigrant in 19% of observed hearings.
The ACLU primarily observed non-detained cases before two of the three judges — U.S. Judges Alexandra Larsen and Abby Meyer. Judge Matthew Morrissey primarily presides over cases of detained immigrants, the ACLU said.
The report says 387 hearings before Judge Larsen were observed. They lasted an average of 3.8 minutes, and Larsen didn’t advise 79% of the immigrants of their rights. Of 147 hearings before Judge Meyer, she did not advise 92% of immigrants of their rights, and the hearings lasted an average of 3 minutes.
ACLU’s recommendations
Rose Godinez, Nebraska ACLU legal director, said the report indicates that the immigration system “is not working for anyone” and she hopes federal and state leaders pay attention.
“It is a problem that is shared by all of us, and the solution also depends on all of us,” she said.
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Among the ACLU’s recommendations are for the court to advise immigrants of their rights individually before each hearing and provide adequate interpretation services. It also recommends that local or state governments create a program for guaranteed representation.
The ACLU also argues that the immigration courts should be federally restructured as an independent court system from the executive branch, with more immigration judges, who should come from diverse work experiences. Most of the system’s judges are former Immigrations and Customs Enforcement attorneys, including all three in Omaha.
In the meantime, the ACLU states, this “onus of depoliticization” falls on the DOJ.
“In a system that pits immigrants against the government, that bias can be determinative in life-or-death asylum cases,” the ACLU report states.
Severino said the Omaha court isn’t reaching the bar set by constitutional rights. He argued that reforms would help the court become more efficient by preventing retrials and appeals.
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“The bottom line is that there needs to be action to address the problems we found and help more people stay in Nebraska and Iowa, put down roots, and continue to strengthen our communities,” Severino said.
Steps during a typical pretrial proceeding
A typical pretrial removal hearing for immigrants, or “Master Calendar Hearing,” is an important step that the attorneys with the ACLU of Nebraska and an immigration attorney said are some of the most important.
The following actions must occur during each immigrant’s pretrial hearing:
The immigrant’s case is called for hearing.
The judge asks the immigrant to pronounce their name.
The judge requests that the immigrant name their attorney, if they have one.
The judge advises the immigrant of their rights in the court.
An ICE attorney describes allegations against the immigrant.
The judge asks the immigrant to deny or admit to each allegation.
The judge asks the immigrant to choose a country for deportation.
If the immigrant refuses, the country is chosen for them.
The judge asks if there are legal reasons the immigrant should not be deported.
The judge sets deadlines for the submission of various forms, applications, statements and more.
The judge schedules the next pretrial hearing or a final evidentiary hearing (known as a trial or “Individual Calendar Hearing”) to decide the case.
“There is no possible way to do all of that in four minutes.” — Rose Godinez, Nebraska ACLU legal director.
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This story was originally published by Nebraska Examiner, which is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nebraska Examiner maintains editorial independence. Contact Editor Cate Folsom for questions: [email protected]. Follow Nebraska Examiner on Facebook and Twitter.
Bruce Springsteen’s Nebraskahas enjoyed a journey unlike any other album. Made in the wake of his commercial breakthrough The River, the album found The Boss in retreat, leaving the E Street Band behind, reluctant to engage with record company demands for a hit single.
Instead, inspired by literature and film, he recorded alone on an acoustic guitar, taping everything on a four-track machine. The result was a stark, haunting collection of songs that gave voice to workers and outlaws seeking light in the darkness.
To the surprise and subsequent delight of Columbia Records, Nebraska sold a million. It may not have matched the commercial success of The River, but it paved the way for Born In The USA, and it’s become one of Springsteen’s most loved collections. It inspired Warren Zanes’s 2023 book Deliver Me from Nowhere, which in turn inspired Scott Cooper’s 2025 film Springsteen: Deliver Me from Nowhere.
And now there’s a quiz: 20 questions about Nebraska, designed by literal experts. Let us know how you get on in the comments section below.
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Two of the top teams in Nebraska high school football will square off in the semifinals of the Class A state playoffs this week.
Omaha Westside, the No. 1 seed, handled Kearney in the quarterfinals, 35-7, while Millard South dominated Elkhorn South, 48-3. The other A semifinal will pit No. 2 seed Creighton Prep against three-set Papillion-LaVista South.
Tay Tay Jenkins, the star junior running back for Omaha Westside, rushed for 202 yards and three touchdowns in the win over Kearney. Braylen Warren threw for 195 yards with two TD passes to Bryson Williams, who had three receptions for 101 yards.
Jett Thomalla, an Alabama commit, led three opening quarter scoring drives to give Millard South control right off the bat. The senior finished with 301 yards passing and three scores, completing 22 of 37 to seven different receivers.
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Last year, Millard South topped Omaha Westside in the finals, 27-10. Millard South was forced to forfeit a win this past season, likely knocking them down to the No. 4 seed in the playoffs.
Toris Rudd, Isaac Jensen and Dallas Gaius-Anyaegbu each caught TD passes, as Jensen had five for 86 and Gaius-Anyaegbu caught six for 83. Nelson Wheeler added two rushing touchdowns on just five carries, going for 60 yards.
Creighton Prep got by Lincoln East in the quarterfinals, 14-6, while Papillion-LaVista South survived vs. upset-happy Millard North, 36-26. Millard North, the No. 11 seed, had knocked off six-seeded Omaha North to advance.
Angelo Walker had 106 yards rushing and a touchdown to lead Creighton Prep, as Papillion-LaVista South got 281 yards and four scores from senior Logan Arch.
In other semifinal round games, the B final four will see No. 1 Waverly take on fifth-seed Bennington while No. 2 Gretna East gets rival and 11th-seeded Gretna, who has pulled two consecutive upsets to reach this point.
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In C1, the Top 4 seeds all advanced, as No. 1 Wahoo plays Ashland-Greenwood and Lakeview meets Sidney. C2, meanwhile, will see three of the Top 4 in action, as No. 2 Bishop Neumann plays No. 3 Kearney Catholic while No. 4 Grand Island Central Catholic gets No. 9 Ord.
Ord knocked off top-seed Cedar Catholic in the quarterfinals, 27-21, as junior quarterback Jordan Williams threw for 205 yards and ran for 130 with three total touchdowns.
The D1 semifinals will pit Shelby-Rising City vs. Crofton and Sandy Creek vs. Plainview; D2 has Howells-Dodge vs. St. Mary’s and Central Valley vs. Wynot; and D6 will see Garden County play Stuart along with Red Cloud vs. Southwest.
Millard South, Wahoo, Sandy Creek, Central Valley and Stuart are all looking to defend titles from last year.
Emmett Johnson helped lead Nebraska to victory on Saturday night, going for 232 total yards and scoring three touchdowns. With an All-Big Ten season in the cards, could his time as a Cornhusker be coming to a close?
On this week’s After Nebraska Football, Jack Mitchell and Josh Peterson explored the possibility of Johnson heading off to the NFL when this season comes to a close.
Below is a lightly edited transcript of their discussion.
Josh: Sadly, I think I feel pretty good that we are watching the end of the Emmett Johnson Nebraska experience. I think you probably have two games left, depending on what he wants to do for the bowl game. That’s the part that now you start getting kind of sad because the dude has blossomed before our eyes in such a special way this year. And again, he’s getting better over the course of it.
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If I’m him and I’m guessing, knowing what I do about Matt Rhule, he’s told him, “Yeah, you got to go to the next level.” And so you got to chase after that second contract as soon as possible. So I think we’re watching the end of his Husker career. Which is a bummer, but it’s obviously happening for the best reason. It’s because he’s good.
Jack: I’ll tell you this, if I were him, it’d be the end for me. I’ll tell you that right now. If I were him, there would be no question for so many reasons, Josh. I hadn’t really been thinking about it until John [Bishop], Nate [Rohr]. and I talked through it Friday morning.
Josh: I hadn’t been thinking about it until like two weeks ago! This has totally caught me off guard, man. It really has.
Emmett Johnson has improved across the board in 2025 and against UCLA, he put up 200+ yards and scored three touchdowns. / Gary A. Vasquez-Imagn Images
Jack: If he’s a top ten running back in the draft and by the way, I’m sure he’s going to continue to climb if he keeps doing this and catching the ball out of the backfield and those sorts of things; if he’s a top ten running back in the draft, it would be really hard not to go. Especially because his stock is [in] a place where you’re afraid it’s never going to be this high again.
Josh: Correct.
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Jack: Because how many times do you have game after game after game like he’s had, right? That’s not a rip on him or saying it’s a fluke. It’s just freaking hard to do that. And that doesn’t even take into account the possibility of an injury.
Josh: Yes, exactly. And like we looked at the Cam Skattebo contract because he was the eighth running back drafted last year. He had like a million guaranteed* and that was all signing bonus. Plus, he got a million dollars this year for his salary. So that’s two [million dollars].
*The official numbers can be found here: $1,073,040 in guarantees, $840,000 salary in 2025.
Running backs in the portal; as much money is being thrown out there in college football these days, a running back is not going for $2 million. So already you are making a whole lot more money in the pros. And then of course the other thing is you are then one year closer to your second contract, which is the one where, if you’re getting off to a good start and you have a good NFL career, that’s where the real money would be made.
Could Emmett Johnson make as much in the portal – or at Nebraska – as he will in the NFL? It’s hard to imagine that’s possible. / Gary A. Vasquez-Imagn Images
Jack: I hope I’m wrong. If it were me, I’d be out. I’d be out and I wouldn’t be transferring either. I’d be going to the pros. [Mel] Kiper had him number eight [on his latest Draft Board]. That would be for reference, Cam Skattebo in last year’s draft. The fourth round is where it falls. John went through a list of them. It was really interesting. Chuba Hubbard was the number eight running back one year. It’ll take a few years, but as you are pointing out, that’s when you get life-changing money, right?
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That was what Kiper had. I’m not a huge draft guy, so I actually hadn’t even looked it up till just the other day because there’s no reason to think about it. But the thing is he’s going to go pro. His stock is gonna rocket. Imagine that was like a national game or a game people really paying attention.
Josh: Jack, let’s see what happens now over the course of the next couple [games]. He’s now rushed for 100-plus in his last three. He’s rushed for more than a hundred in four of his last five. In terms of all-purpose yards, he has hit over 100 all-purpose yards in every game going back to Michigan State. So that’s now six in a row. His worst Power [Four] game this year was 97 yards on 24 total touches against Michigan. So even against Michigan, he got close to 100 all-purpose yards. Every other power game, he’s gotten well past that. And then, of course, yesterday, he finishes with 200-plus yards. And now he has 14 total touchdowns on the year.
Next. Previously: Can Emmett Johnson take The Leap?. Previously: Can Emmett Johnson take The Leap?. dark
Remember coming into the season, you and I liked him, of course. We thought he was really good. All of that was based off of some flashes here and there early in his career, but in particular the last four games [in 2024]. And we had like two questions. One, his durability. Is he gonna be able to touch the ball as much? Because he averaged 20.5 touches in the final four games last year. He’s answered that one obviously with flying colors. He’s getting 30 touches a game.
The other was, he just doesn’t score a lot of touchdowns. [Dante] Dowdell was always a touchdown guy and now he’s got 14 and he’s tied for fourth in the country. He’s answered those questions with flying colors over the course of the whole season, but certainly over the last month.
Jack: Dude, isn’t it crazy that he split time with Dante Dowdell last year?
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Emmett Johnson nationally after 11 weeks of the 2025 CFB season:
1431 yards from scrimmage: 1st
1131 rushing yards: 2nd
14 total touchdowns: 4th
Incredible 2025 season for the junior running back. https://t.co/p8P9KJ1TOO
Jack: I didn’t even like [it] then. When he wasn’t maybe gonna be getting Heisman votes. I didn’t even like it then, and now I hate that they could not develop him faster.
Josh: But in the end, and this is the other thing that John brought up, he doesn’t have a whole lot of carries on his odometer. That’s the other thing that’s gonna work in his favor when you start looking at the NFL draft. He’s gotten better over the course of his career, but he doesn’t really have a whole lot of carries early on in his career either.
Jack: Third down back, man.
Josh: What a special season for him.
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Emmett Johnson had 96 total yards against Iowa in the 13-10 loss in 2024. Can he put together a better performance later this month? / Jeffrey Becker-Imagn Images
Jack: Yep. It’s been awesome. I need him to stay healthy, but they’re going to have to ride him in the next two games. Think if it’s bad weather in either of these games or something.
Josh: This second off week could not have come at a better time because they’re going to catch Penn State who will have played another game, and they’re probably all caught in their feels. And then Iowa’s Iowa. In a season with two off weeks, getting the second one in week 12, that’s pretty good.
Jack: That guy’s got to be so freaking happy. Everybody does, I’m sure.
But man, can you imagine that Iowa game? Like if he walks on Senior Day and you’re going to have the national spotlight at that time slot pretty much.
Watch the entire postgame show below, including Jack and Josh’s breakdown of TJ Lateef’s first start, the performance by the defense, and a preview of what bowl games Nebraska could be looking at.
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