Kelli Stump never imagined her term as president of the American Immigration Lawyers Association (AILA) would coincide with some of the most dramatic shifts in U.S. immigration policy in recent history. After 19 years litigating immigration cases, Stump is preparing to step down from leading the 17,000-member organization, founded nearly 80 years ago. Speaking from her office in Oklahoma City on June 4, she reflected on the changes that have unfolded since Donald Trump returned to the White House on January 20.
“This is a dark time,” Stump said, describing the sweeping measures the Trump administration has implemented over the past four months. Through executive orders and agency directives, the administration has launched what she calls an unprecedented assault on due process. “Even in 2017, I never imagined this level of open contempt for the law. It’s truly alarming.”
Rule of Law Under Pressure
Stump expressed grave concern over the administration’s recent use of a little-known law—the Alien Enemies Act—to authorize deportations without judicial review. “This was a wake-up call,” she said. “Even people who had court-ordered returns to the U.S. were being blocked. Some may have criminal records, I don’t know, but they were denied the opportunity to present their case before a judge.”
She warned that this erosion of legal safeguards could affect far more than undocumented immigrants. “Today it’s them. Tomorrow, it could be anyone. If the government can pull you off the street and deport you without review, where does it stop?”
Public Misconceptions and Institutional Integrity
Asked about the widespread belief that undocumented immigrants have no legal rights, Stump responded bluntly: “I’d like to send those people back to school. These are our laws—whether we like them or not. If we want change, Congress must act. It’s not up to the president.”
She emphasized the importance of respecting the separation of powers and expressed concern about immigration judges, who are part of the executive branch rather than the judiciary. “Some judges are now clearly following political orders,” she said. “But they’re still lawyers, and they’ve sworn an oath to uphold the Constitution.”
A Legal System Under Siege
Stump described the current climate as a full-scale attack on due process. “What we’re seeing is unprecedented,” she said. “The government argues that immigration courts aren’t violating constitutional rights because immigrants can seek relief in other courts. But that takes time—and meanwhile, people are being detained and deported before they even get that chance.”
She also pointed to a disturbing development from May: a new order from the Board of Immigration Appeals that strips immigration judges of the authority to set bond for certain migrants, giving Immigration and Customs Enforcement (ICE) sole discretion. “That’s a serious shift,” Stump said. “It started just two weeks ago. We’re seeing people re-detained by ICE without bond.”
Who’s Being Targeted?
Most of those being held under these new policies are recent arrivals—many of whom began their immigration process using CBP One, an app designed to provide legal alternatives to illegal border crossings. “They were told this was the proper process,” Stump explained. “Now, the government has reversed course. That’s what we call ‘detrimental reliance’—and it’s legally powerful.”
Only migrants who can demonstrate “credible fear” of persecution if returned to their home countries are exempt from fast-track deportation. Even then, immigration judges have only seven days to assess their cases. “Most of these individuals are being held without bond. They face weeks, even months, in detention,” she said. “Many will give up and agree to be deported.”
Detentions Spread Beyond Border Crossings
ICE has reportedly begun making arrests in unexpected places, including USCIS offices. In some cases, migrants have been summoned for routine interviews—such as for I-130 family petitions—only to be detained upon arrival. “This has happened under every administration,” Stump noted. “Bush, Obama, Trump 1.0. But now, the stakes are even higher. If someone has a pending deportation order, they should be extremely cautious.”
The Decline of Asylum Protections
Stump is especially troubled by the weakening of asylum protections. “I told a colleague the other day, I wish the United Nations would sanction us,” she said. “Asylum used to be sacred—rooted in the post-WWII commitment to protect the persecuted. Now, we’re sending people back to die simply because we can.”
Is There Still Hope?
Despite the bleak outlook, Stump insists there is still room for hope—and for action. “Absolutely,” she said. “Now is the time to get a lawyer. These cases are complex, and without legal representation, the path ahead is nearly impossible. Until Congress changes the law, everyone deserves the chance to fight. Even in detention, we can fight. And I will. What’s happening is wrong. But I still believe our laws can protect those fleeing persecution—if we give them a chance.”
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