Nebraska
ACLU accuses Omaha court of violating immigrants’ due process in Nebraska, Iowa – Iowa Capital Dispatch
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.
“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’
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.
“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.
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.
“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.
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.
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.
The University of Nebraska–Lincoln’s Hixson-Lied College of Fine and Performing Arts has announced the winners of the 29th annual Nebraska Young Artist Awards.
The awards recognize 11th-grade students from Nebraska for their talents in visual art, dance, music, theatre, and film and emerging media arts.
Sixty-eight students from more than 40 high schools across the state have been selected as award winners and will be invited to a day of activities on campus March 25.
“Our faculty always look forward to this event,” said Chris Watson, director of recruitment for the college and coordinator of the awards. “They love meeting enthusiastic young artists, working with them and celebrating their talent.”
Students applied for the recognition and submitted an example of their work. Applications were received from 92 students. Hixson-Lied College faculty chose the winners.
Award winners were also asked to nominate the teacher who provided them with the greatest amount of mentoring and support in the development of their special talents.
Each student will receive a certificate and an original piece of artwork commissioned for the event and created by a School of Art, Art History and Design student.
Following is a list of award winners by hometown, with their high school and specialty area(s).
Aurora:
- Calvin Miller, Aurora, music
Beaver City:
- Johnathan Eakin, Southern Valley, visual arts
Bellevue:
- Mami Lloyd, Bellevue West, music
Bennington:
- Liliana Martic, Bennington, music
Eagle:
- Jorie Goings, Waverly, dance
Firth:
- Petra Van Cleave, home school, music
Fremont:
- Xavier Herre, Bergan Catholic, theatre
Fullerton:
- Lylla Sabata, Fullerton, music
Gretna:
- Lillian Bock, Gretna, music
Harvard:
- Allee Jarzynka, Harvard, music
Hendley:
- Lily Jordan, Southern Valley, visual arts
Hooper:
- Leo Arellano, Logan View, visual arts
- Ellsie Meier, Logan View, visual arts
Kearney:
- Kruz Flamig, Kearney, visual arts
- Isaac Hooton, Kearney, visual arts
- Mariah Kaslon, Kearney, visual arts
- Landen Tilley, Kearney, visual arts
Lincoln:
- Alissa Brenning, Norris, dance
- Kali Brewer, Lincoln Southeast, visual arts
- Ava Engel, Lincoln Northeast, dance
- Emalie Fischer, Lincoln North Star, dance
- Adelyn Haden, Lincoln Standing Bear, dance and music
- Audrey Haugen, Lincoln Southwest, theatre
- Andrea Hu, Lincoln East, music
- Logan Lambrecht, Lincoln Southwest, music and theatre
- Mckinzey Lile, Lincoln North Star, dance
- Hayley Marshall, Lincoln Southwest, dance
- Riley Minster, Lincoln East, music
- Joslyn Morgan, Lincoln Southeast, music
- Ariadne Ottoson, home school, music
- Megan Plander, Lincoln Lutheran, theatre
- Lauren Ramey, LPS Arts and Humanities Focus Program, visual arts
- Blake Semrad, Lincoln Southwest, dance
- Emma Shaeffer, Lincoln Southwest, dance
- Taylor Sharpe, Lincoln Southwest, dance
- Hugh Skretta, Lincoln High, music
- Samuel Sulzle, Lincoln Northwest, music
- Brooks Xia, Lincoln East, music
Martell:
- Reese Thomas, home school, music
Norfolk:
- Noah Asbury, Norfolk, music
- Emily Henkel, Norfolk, music; Nathan Kaiser, Norfolk, music
- North Platte: Brett Pfeifer, North Platte, theatre
Omaha:
- Asher Abuhl, Trinity Classical Academy, music
- Adam Campagna, Omaha South, film and emerging media arts
- Liam Cowherd Richardson, Creighton Preparatory, music
- Regina Ho, Millard South, film and emerging media arts
- Connor Holmstedt, Fort Calhoun, music
- Kara Leininger, Duchesne Academy, music
- Jayden Li, Millard North, music; Violet Little, Omaha Central, dance
- Mrethi Magesh, Millard North, dance
- Venkatesan Marichamy, Millard North, dance
- Moyra Matthews, Duchesne Academy, dance and music
- Jackson Mu, Millard North, music
- Gauri Nair, Millard North, dance
- Angela Qi, Millard North, music
- Jackson Ramsey, Gretna East, music
- Tara Richardson, Creighton Prep, music
- Vandana Santhanam, Marian, music
- Caroline Soderlin, Millard North, music
- Akshara Venkatesan, Millard North, dance
- Caleigh Walkenhorst, Millard West, music
Osmond:
- Donovan Heiman, Osmond, theatre
Papillion:
- Emelia Weaver, Papillion-La Vista, music
Pierce:
- Spencer Sindt, Pierce, music
Randolph:
- Brecken Shearer, Randolph, visual arts
York:
- Allison Holmes, York, visual arts
Nebraska baseball (10-5, 3-0) closed out its three-game series with Michigan State (3-11, 0-3) on Sunday afternoon. The Huskers completed the sweep over the Spartans, earning a 12-2 run-rule win in seven.
Nebraska shut down Michigan State early, scoring five runs in the bottom of the first after the Spartans took a 1-0 lead. The Huskers scored 11 straight before surrendering another run. The team totaled 11 hits and held Michigan State to three. The Spartans also suffered five errors.
Nebraska struck three home runs on the day, two off the bat of Dylan Carey. He hit 3-for-4 for four RBIs after hitting multiple two-run home runs. Preston Freeman also blasted a two-run shot over the wall to finish 1-for-3.
Case Sanderson brought in three RBIs after batting 2-for-4 with a double. Drew Grego also finished 2-for-4, earning one RBI. Mac Moyer grabbed one RBI off a double. Jett Buck and Joshua Overbeek each delivered one hit.
Gavin Blachowicz (2-1) won at the mound and pitched all seven innings for the Huskers. He struck out a career-high 11 batters and allowed three hits for two runs.
Nebraska remains at home for its next matchup, hosting North Dakota State on Wednesday night. The first pitch is set for 6 p.m. CT on B1G+.
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Nebraska
Cale Jacobsen scores 15 and No. 9 Nebraska beats Iowa 84-75 in overtime after blowing late lead
LINCOLN, Neb. (AP) — Cale Jacobsen came off the bench to score 13 of his 15 points after halftime and hit the tiebreaking 3-pointer in overtime, and ninth-ranked Nebraska matched its program record for wins in a season with an 84-75 victory over Iowa on Sunday.
Sam Hoiberg, who scored 15 points and had five steals on his senior day, hugged teammate Pryce Sandfort near halfcourt as time ran out and then heaved the ball high into the stands. He and his father, coach Fred Hoiberg, embraced and a short time later the rest of the Huskers came out of the tunnel to salute the sellout crowd at Pinnacle Bank Arena.
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Nebraska (26-5, 15-5 Big Ten) led by 10 points with five minutes left in regulation but missed five of its next seven shots and a couple of late free throws to let the Hawkeyes back in it. Kael Combs scored Iowa’s last eight points of regulation, including a second-chance 3-pointer that tied it 70-all with 2.7 seconds left.
After Cooper Koch tied it at 75-all in overtime, Jacobsen made a 3 from the corner and the Huskers went on to score the final nine points. The Huskers beat Iowa (20-11, 10-10) for the first time in five meetings and split the season series.
Sandfort, who transferred from Iowa after last season, scored 15 points and Rienk Mast added 14 for the Huskers.
Combs and Koch had 18 points apiece for the Hawkeyes, who committed 19 turnovers.
Up next
Iowa: The Hawkeyes are the No. 9 seed in the Big Ten Tournament and play Oregon or Maryland on Wednesday.
Nebraska: The Huskers are the No. 2 seed and play Friday.
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