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Officers stand guard at the Krome Detention Centre (AP Photo)
Weeks after federal authorities warned border shelters that aiding migrants could amount to criminal activity, the Trump administration has continued to release people charged with being in the US illegally to those very organisations — creating what some shelter operators are calling a confusing and contradictory situation.
On March 11, the Federal Emergency Management Agency (FEMA) sent letters to multiple shelters expressing “significant concerns” about potentially illegal conduct under anti-smuggling laws. The wide-ranging inquiry questioned whether offering shelter and transportation to migrants constituted felonies, and required detailed records and sworn statements from shelter executives.
But even as the warning sparked alarm among nonprofits, US Immigration and Customs Enforcement (ICE) — part of the same Department of Homeland Security — continued requesting those same organisations to house migrants.
The ongoing cooperation between shelters and ICE has left many organisations navigating a delicate line, fulfilling government requests that another federal agency has suggested could be unlawful.
Migrants being released to shelters include those from countries as diverse as India, Pakistan, Russia, Turkey, China, Honduras, and Venezuela. Some had been held in ICE facilities for weeks before being released by immigration judges as their deportation cases proceed through the courts.
ICE has reportedly flown others across the country, from detention in San Diego to shelters in Texas.
Annunciation House in El Paso and the International Rescue Committee (IRC) in Phoenix both continue to take in people from ICE, with the IRC confirming it did not receive a FEMA letter but remains committed to delivering humanitarian aid.
Tricia McLaughlin, a DHS spokesperson, sought to distinguish the Trump administration’s approach from that of President Joe Biden’s. She said that unlike under Biden, ICE under Trump verifies a sponsor — usually a friend, family member, or occasionally an NGO — before releasing a migrant, rather than dropping people at bus stations.
But deporting migrants quickly remains a challenge. Logistical and diplomatic issues have forced ICE to send individuals to third countries such as Panama or El Salvador when deportation to their home nations isn’t possible. In other cases, ICE is left with no option but to release them within the US.
Families present a further legal hurdle, as ICE is generally barred from detaining minors for more than 20 days. The Trump administration has announced plans to challenge that court-imposed limit.
Despite Trump’s claims of dramatically reducing so-called “catch and release,” ICE’s data on releases remains undisclosed. While Border Patrol released just seven migrants from February to April this year — compared to over 130,000 under Biden during the same period last year — ICE’s releases appear to be ongoing.
Shelters have long maintained cooperative, if unofficial, relationships with federal agencies on the ground. FEMA’s probe, however, has jeopardised this arrangement by pausing funding to many shelters.
Catholic Charities in Laredo — which served over 120,000 people since 2021 and regularly hosted 600–700 people nightly during peak periods — was expecting $7 million in FEMA support. Instead, it closed with a $1 million loss after not receiving any of the expected funding.
The Holding Institute has also had to slash its staff from 45 to just seven. To stretch remaining resources, they now serve most meals without protein.
In a statement, the International Rescue Committee confirmed it will continue operating in Phoenix, saying, “The IRC remains committed to ensuring individuals have access to essential humanitarian services, including food, water, hygiene supplies and information.”
(With inputs from AP)
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