The Brief

Your children could be some of a growing number of California kids having their writing graded by software instead of a teacher.

California school districts are signing more contracts for artificial intelligence tools, from automated grading in San Diego to chatbots in central California, Los Angeles, and the San Francisco Bay Area.

English teachers say AI tools can help them grade papers faster, get students more feedback, and improve their learning experience. But guidelines are vague and adoption by teachers and districts is spotty.

The California Department of Education can’t tell you which schools use AI or how much they pay for it. The state doesn’t track AI use by school districts, said Katherine Goyette, computer science coordinator for the California Department of Education.

While Goyette said chatbots are the most common form of AI she’s encountered in schools, more and more California teachers are using AI tools to help grade student work. That’s consistent with surveys that have found teachers use AI as often if not more than students, news that contrasts sharply with headlines about fears of students cheating with AI.

Teachers use AI to do things like personalize reading material, create lesson plans, and other tasks in order to save time and and reduce burnout. A report issued last fall in response to an AI executive order by Gov. Gavin Newsom mentions opportunities to use AI for tutoring, summarization, and personalized content generation, but also labels education a risky use case. Generative AI tools have been known to create convincing but inaccurate answers to questions, and use toxic language or imagery laden with racism or sexism.

California issued guidance for how educators should use the technology last fall, one of seven states to do so. It encourages critical analysis of text and imagery created by AI models and conversations between teachers and students about what amounts to ethical or appropriate use of AI in the classroom.

But no specific mention is made of how teachers should treat AI that grades assignments. Additionally, the California education code states that guidance from the state is “merely exemplary, and that compliance with the guidelines is not mandatory.”

English teacher Jen Roberts uses Writeable, an AI platform, to grade students’ work at Point Loma High School in San Diego on May 3, 2024.

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Goyette said she’s waiting to see if the California Legislature passes Senate Bill 1288, which would require state Superintendent Tony Thurmond to create an AI working group to issue further guidance to local school districts on how to safely use AI. Cosponsored by Thurmond, the bill also calls for an assessment of the current state of AI in education and for the identification of forms of AI that can harm students and educators by 2026.

Nobody tracks what AI tools school districts are adopting or the policy they use to enforce standards, said Alix Gallagher, head of strategic partnerships at the Policy Analysis for California Education center at Stanford University. Since the state does not track curriculum that school districts adopt or software in use, it would be highly unusual for them to track AI contracts, she said.

Amid AI hype, Gallagher thinks people can lose sight of the fact that the technology is just a tool and it will only be as good or problematic as the decisions of the humans using that tool, which is why she repeatedly urges investments in helping teachers understand AI tools and how to be thoughtful about their use and making space for communities are given voice about how to best meet their kid’s needs.

“Some people will probably make some pretty bad decisions that are not in the best interests of kids, and some other people might find ways to use maybe even the same tools to enrich student experiences,” she said.

Teachers use AI to grade English papers

Last summer, Jen Roberts, an English teacher at Point Loma High School in San Diego, went to a training session to learn how to use Writable, an AI tool that automates grading writing assignments and gives students feedback powered by OpenAI. For the past school year, Roberts used Writable and other AI tools in the classroom, and she said it’s been the best year yet of nearly three decades of teaching. Roberts said it has made her students better writers, not because AI did the writing for them, but because automated feedback can tell her students faster than she can how to improve, which in turn allows her to hand out more writing assignments.

“At this point last year, a lot of students were still struggling to write a paragraph, let alone an essay with evidence and claims and reasoning and explanation and elaboration and all of that,” Roberts said. “This year, they’re just getting there faster.”

Roberts feels Writable is “very accurate” when grading her students of average aptitude. But, she said, there’s a downside: It sometimes assigns high-performing students lower grades than merited and struggling students higher grades. She said she routinely checks answers when the AI grades assignments, but only checks the feedback it gives students occasionally.

“In actual practicality, I do not look at the feedback it gives every single student,” she said. “That’s just not a great use of my time. But I do a lot of spot checking and I see what’s going on and if I see a student that I’m worried about get feedback, (I’m like) ‘Let me go look at what his feedback is and then go talk to him about that.’”

First: A student uses Magic School, an AI platform, to help generate ideas for a classroom writing prompt. Last: A student reads their writing out loud. Point Loma High School in San Diego on May 3, 2024.

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Alex Rainey teaches English to fourth graders at Chico Country Day School in northern California. She used GPT-4, a language model made by OpenAI which costs $20 a month, to grade papers and provide feedback. After uploading her grading rubric and examples of her written feedback, she used AI to grade assignments about animal defense mechanisms, allowing GPT-4 to analyze students’ grammar and sentence structure while she focused on assessing creativity.

“I feel like the feedback it gave was very similar to how I grade my kids, like my brain was tapped into it,” she said.

Like Roberts she found that it saves time, transforming work that took hours into less than an hour, but also found that sometimes GPT-4 is a tougher grader than she is. She agrees that quicker feedback and the ability to dole out more writing assignments produces better writers. A teacher can assign more writing before delivering feedback but “then kids have nothing to grow from.”

Rainey said her experience grading with GPT-4 left her in agreement with Roberts, that more feedback and writing more often produces better writers. She feels strongly that teachers still need to oversee grading and feedback by AI, “but I think it’s amazing. I couldn’t go backwards now.”

The cost of using AI in the classroom

Contracts involving artificial intelligence can be lucrative.

To launch a chatbot named Ed, Los Angeles Unified School District signed a $6.2 million contract for two years with the option of renewing for three additional years. Magic School AI is used by educators in Los Angeles and costs $100 per teacher per year.

Despite repeated calls and emails over the span of roughly a month, Writable and the San Diego Unified School District declined to share pricing details with CalMatters. A district spokesperson said teachers got access to Writeable through a contract with Houghton Mifflin Harcourt for English language learners.

QuillBot is an AI-powered writing tool for students in grades 4-12 made by the company Quill. Quill says its tool is currently used at 1,000 schools in California and has more than 13,000 student and educator users in San Diego alone. An annual Quill Premium subscription costs $80 per teacher or $1800 per school.

QuillBot does not generate writing for students like ChatGPT or grade writing assignments, but gives students feedback on their writing. Quill is a nonprofit that’s raised $20 million from groups like Google’s charitable foundation and the Bill and Melinda Gates Foundation over the past 10 years.

English teacher Jen Roberts explains to her students how she uses Magic School, an AI platform, for classroom exercises and grading at Point Loma High School in San Diego on May 3, 2024.

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Even if a teacher or district wants to shell out for an AI tool, guidance for safe and responsible use is still getting worked out.

Governments are placing high-risk labels on forms of AI with the power to make critical decisions about whether a person gets a job or rents an apartment or receives government benefits. California Federation of Teachers President Jeff Freitas said he hasn’t considered whether AI for grading is moderate or high risk, but “it definitely is a risk to use for grading.”

The California Federation of Teachers is a union with 120,000 members. Freitas told CalMatters he’s concerned about AI having a number of consequences in the classroom. He’s worried administrators may use it to justify increasing classroom sizes or adding to teacher workloads; he’s worried about climate change and the amount of energy needed to train and deploy AI models’ he’s worried about protecting students’ privacy, and he’s worried about automation bias.

Regulators around the world wrestling with AI praise approaches where it is used to augment human decision-making instead of replacing it. But it’s difficult for laws to account for automation bias and humans becoming placing too much trust in machines.

The American Federation of Teachers created an AI working group in October 2023 to propose guidance on how educators should use the technology or talk about it in collective bargaining contract negotiations. Freitas said those guidelines are due out in the coming weeks.

“We’re trying to provide guidelines for educators to not solely rely on (AI), he said. “It should be used as a tool, and you should not lose your critical analysis of what it’s producing for you.”

State AI guidelines for teachers

Goyette, the computer science coordinator for the education department, helped create state AI guidelines and speaks to county offices of education for in-person training on AI for educators. She also helped create an online AI training series for educators. She said the most popular online course is about workflow and efficiency, which shows teachers how to automate lesson planning and grading.

“Teachers have an incredibly important and tough job, and what’s most important is that they’re building relationships with their students,” she said. “There’s decades of research that speaks to the power of that, so if they can save time on mundane tasks so that they can spend more time with their students, that’s a win.”

English teacher Jen Roberts checks her student’s work at Point Loma High School in San Diego on May 3, 2024. Roberts uses AI platforms for classroom exercises and grading. Photo by Adriana Heldiz, CalMatters

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Alex Kotran, chief executive of an education nonprofit that’s supported by Google and OpenAI, said they found that it’s hard to design a language model to predictably match how a teacher grades papers.

He spoke with teachers willing to accept a model that’s accurate 80% of the time in order to reap the reward of time saved, but he thinks it’s probably safe to say that a student or parent would want to make sure an AI model used for grading is even more accurate.

Kotran of the AI Education Project thinks it makes sense for school districts to adopt a policy that says teachers should be wary any time they use AI tools that can have disparate effects on student’s lives.

Even with such a policy, teachers can still fall victim to trusting AI without question. And even if the state kept track of AI used by school districts, there’s still the possibility that teachers will purchase technology for use on their personal computers.

When teachers can’t tell if they’re cheating

Kotran said he routinely speaks with educators across the U.S. and is not aware of any systematic studies to verify the effectiveness and consistency of AI for grading English papers.

Roberts, the Point Loma High School teacher, describes herself as pro technology.

She regularly writes and speaks about AI. Her experiences have led her to the opinion that grading with AI is what’s best for her students, but she didn’t arrive at that conclusion easily.

At first she questioned whether using AI for grading and feedback could hurt her understanding of her students. Today she views using AI like the cross-country coach who rides alongside student athletes in a golf cart, like an aid that helps her assist her students better.

A student scrolls through their laptop during class at Point Loma High School in San Diego on May 3, 2024.

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Roberts says the average high school English teacher in her district has roughly 180 students. Grading and feedback can take between five to 10 minutes per assignment she says, so between teaching, meetings, and other duties, it can take two to three weeks to get feedback back into the hands of students unless a teacher decides to give up large chunks of their weekends. With AI, it takes Roberts a day or two.

Ultimately she concluded that “if my students are growing as writers, then I don’t think I’m cheating.” She says AI reduces her fatigue, giving her more time to focus on struggling students and giving them more detailed feedback.

“My job is to make sure you grow, and that you’re a healthy, happy, literate adult by the time you graduate from high school, and I will use any tool that helps me do that, and I’m not going to get hung up on the moral aspects of that,” she said. “My job is not to spend every Saturday reading essays. Way too many English teachers work way too many hours a week because they are grading students the old-fashioned way.”

Roberts also thinks AI might be a less biased grader in some instances than human teachers who can adjust their grading for students sometimes to give them the benefit of the doubt or be punitive if they were particularly annoying in class recently.

She isn’t worried about students cheating with AI, a concern she characterizes as a moral panic. She points to a Stanford University study released last fall which found that students cheated just as much before the advent of ChatGPT as they did a year after the release of the AI.

Goyette said she understands why students question whether some AI use by teachers is like cheating. Education department AI guidelines encourage teachers and students to use the technology more. What’s essential, Goyette said, is that teachers discuss what ethical use of AI looks like in their classroom, and convey that — like using a calculator in math class — using AI is accepted or encouraged for some assignments and not others.

For the last assignment of the year, Robers has one final experiment to run: Edit an essay written entirely by AI. But they must change at least 50% of the text, make it 25% longer, write their own thesis, and add quotes from classroom reading material. The idea, she said, is to prepare them for a future where AI writes the first draft and humans edit the results to fit their needs.

“It used to be you weren’t allowed to bring a calculator into the SATs and now you’re supposed to bring your calculator so things change,” she said. “It’s just moral panic. Things change and people freak out and that’s what’s happening.”

Mara Harris loads a box of produce into her car, along with canned food and boxed goods. It marks the second week in a row she will drive the groceries to families across Los Angeles who say immigration raids are keeping them inside their homes.

“I got involved because I live in Highland Park, which is a primarily Latinx neighborhood, and I was feeling really frustrated and angry about our neighbors being unfairly treated,” Harris said.

Harris is a member of Nefesh, a Jewish outreach community that has partnered with local faith leaders to deliver goods. Her role is straightforward: pick up the groceries, drive them to families who have requested help, and drop them off.

“My husband is an immigrant,” she said. “I just think about the anxiety that we have going through the process, even with the resources we have access to, and I think about how impossible it is for other people to navigate that.”

She added, “It’s just chance that some people were born in countries that are safe and that provide them with opportunities, and other people are not. And I think the U.S. has an obligation to extend that opportunity to those people.”

The grocery deliveries are being organized by a Koreatown church that has seen a decline in attendance at its regular food distribution program in recent months. At the request of church leadership, The LA Local is not naming the church or its congregants out of privacy concerns and to avoid drawing attention to their immigrant community. It’s just one of a network of faith-based organizations responding to the need, and as raids show no signs of slowing down anytime soon, the group is seeking to expand its delivery hubs to more church sites.

Before the recent enforcement activity, the Koreatown church’s regular food distribution served between 500 and 600 people, according to one church organizer. In early February, they saw around 350.

“People are afraid, and unfortunately don’t know about services like this,” she said.

Multiple families have said they’re just too afraid to go out into the neighborhood, according to church leadership.

Since last summer, federal agents have carried out workplace raids, targeted day labor sites and arrested people in public spaces across the region. The Department of Homeland Security reported in December that more than 10,000 people had been detained in the LA area since June.

“There are members of our congregation that have immigration concerns that have told me they’re afraid to go out,” the pastor of the Koreatown church said. “I’ve spoken to at least four different families that are just afraid to go get groceries, are afraid to take their kids or their grandkids to school, and are worried about ICE activity in the neighborhood that’s been happening over the past seven months or so.”

In response, the church began coordinating home grocery deliveries in partnership with Clergy and Laity United for Economic Justice, or CLUE. The partnership started last summer after church staff noticed a drop in attendance at their weekly food distributions.

“A lot of people were afraid to go to the food bank at (the church), so they saw a big decline and understood that it was because people were afraid to come out, so CLUE partnered with them to do this delivery service,” said Liz Bar-El, a community liaison for CLUE.

Another staff member who has worked at the Koreatown church for six years said operations have been directly affected by enforcement activity in the area.

“I’ve been doing this for about six years. Last week, we had to stop at 11 a.m., and we used to close at 12, 12:30 because the ICE agents were around here,” he said. “And the number of people is decreasing because of ICE raids.”

The church pastor said families do not simply call and request food; there is a screening system to ensure that the program reaches those who are most concerned about leaving their homes.

CLUE has “folks that help call through the list of people that requested it to confirm for the day of their deliveries. They also have somebody that does a screening process to make sure that the people that are getting the deliveries qualify for the parameters of the program so that they’re not just getting people who are like ‘Yeah, you can deliver food to me’ but rather are really concerned about their status,” he said.

But Bar-El, the organizer with CLUE, said identifying families can be difficult.

“It’s likely due to fear of trusting somebody, they are hiding in their homes,” she said. “One way to reach them is through their pastors and the rapid response network that CLUE is a part of.”

Many of the requests stem from sudden changes in a family’s circumstances.

“This current situation with grocery delivery is mostly people who need help getting food because somebody got detained, deported and or the main breadwinner lost their job,” Bar-El said. “In one case, the husband was recently bonded out, and the wife was left home with three very small children.”

For Harris, the volunteer delivering food across multiple neighborhoods, the work is personal. She often thinks about her own family’s immigration status.

“My husband is British and he’s been working here off work visas for six years. He just applied for a non-conditional green card last year. So I take our anxiety and worries and extrapolate it,” she said.

Organizers don’t expect the need for this service to ease anytime soon. Bar-El said they plan to expand the effort to another church in Hollywood and are seeking more volunteers.

“I believe it’s my responsibility as someone who is one of the lucky ones and who does have resources and privilege to do what I can for my neighbors and for my city that I love that is so diverse and wonderful,” Harris said.

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A recent social media post from an account belonging to President Donald Trump prompted enough outcry over its use of a familiar racist trope that the White House deleted it. The Truth Social post included an image of former President Barack Obama and former first lady Michelle Obama as apes. Despite removing the post, Trump has deflected blame to an aide.

The former president commented on it over the weekend, calling it "deeply troubling" behavior.

For scholars and civil rights advocates steeped in the language and aesthetics of white nationalism, Trump's post was remarkable only because of how overtly racist the trope is. But they say that it fits into a pattern of extremist rhetoric, visual material and other media that have overtaken public messaging from federal agencies over the past year. They say that much of that messaging may not have been detectable to most Americans who are not immersed in the study of extremism. But to those who are, the dog whistles and coded words have been unmistakable.

"If this were just one racist image or one bad post, it wouldn't matter much," said Eric Ward, executive vice president of Race Forward, a civil rights organization. "What matters is that over the last year, the Trump administration [is] abusing federal authority, and the federal government has increasingly learned to speak in the emotional language of white nationalism."

While the latest controversy is over a post from a Trump social media account, Ward and others say the Department of Homeland Security has been behind the most, and the most notable, examples of extremist themes in federal messaging. In its effort to recruit large numbers of new immigration enforcement agents, the federal agency has generated a body of propaganda that has raised alarm over its echoes of extremist movements.

"A lot of this was very much wrapped up in this kind of Norman Rockwell-style imagery of white Americana and … this idea that we need to 'defend the homeland' from migrants arriving from the Global South," said Caleb Kieffer, a senior research analyst with the Southern Poverty Law Center. "And I think that one thing it's worth noting, and what we really were alarmed by, [is] that we've seen this rhetoric for decades be prevalent in white nationalist circles, in anti-immigrant circles, claiming that there's this migrant invasion happening and that we need to stop it."

Plausible deniability

In general, the White House, the Department of Homeland Security (DHS) and the State Department have dismissed the links between messages they have issued and white nationalist movements. A DHS spokesperson responded to questions from NPR about this with the suggestion that NPR is "manufacturing outrage." A White House spokesperson has called journalists' questions "bizarre" and suggested that coverage of the pattern of extremist rhetoric in federal messaging is "leftwing advocacy." But Pete Simi, a professor of sociology at Chapman University, said this response, in itself, reflects a communication strategy that is also a mainstay of extremist movements: plausible deniability.

"It is a widespread communication style, but it's certainly very prevalent in far-right extremist propaganda and broader types of communication," Simi said. "And what it does is it allows you to communicate a message, but with a built-in defense that if it's interpreted the way that it might [be] ... it allows you then to turn around and say … 'You're just … misreading it. You're misinterpreting it.'"

Since Trump returned to office, Simi has tracked social media output from federal agencies that echo extremist propaganda. He said he has collected a number of examples that he considers "double speak."

"It's a type of communication … where you have dual meanings, for folks that are in the know — and they will understand exactly the true intent of the meaning. But also another aspect is for outsiders," Simi said. "They may not fully understand or appreciate the meaning that's meant for insiders. And that in and of itself is a way to establish plausible deniability."

One of the most notable examples Simi cites of this is an Immigration and Customs Enforcement recruitment ad that DHS posted in August, showing a graphic of Uncle Sam and the caption "Which way, American man?" To Simi, Kieffer and others who study white nationalism, it called back to a racist, antisemitic book titled Which Way Western Man? that is largely read within neo-Nazi circles. In a written statement, DHS did not offer comment on a question about the similarities between the post and the book title.

A DHS spokesperson wrote, "By NPR's standards every American who posts patriotic imagery on the Fourth of July should be cancelled and labeled a Nazi. Not everything you dislike is 'Nazi propaganda.'"

"Folks that are familiar with white supremacist propaganda would undoubtedly be familiar with that book and would see that it's referencing the book with the slight change in the one word for outsiders, [who] probably never heard of the book," Simi said. "And so that would not mean much to them."

Ward said the table was set for extremism-infused public messaging before Trump began his second term. Throughout the 2024 election cycle, Trump and many Republican lawmakers' unsubstantiated claim that Democrats were intentionally bringing in undocumented immigrants to vote illegally echoed the "great replacement" conspiracy theory.

NPR asked the White House for comment on similarities between claims from Trump and the administration's claims about immigrants and "replacement" theory. White House spokeswoman Abigail Jackson responded in writing, saying: "There is nothing racist about wanting to ensure only American citizens vote in American elections."

Nevertheless, the characterization of immigration as an "invasion," federal calls to "protect" or "defend the homeland," and the promotion of "remigration" are among the examples that researchers cite when they claim that the administration has mainstreamed once-fringe concepts.

"It's very much signaling to a lot of these white nationalist groups that their policy goals are being actualized and that they're seeing kind of their rhetoric now showing up in the Twitter feed of a government agency," Kieffer said.

What purpose can extremist messaging serve

While the pattern of callbacks to extremist concepts, aesthetics and language has been clear to those tracking federal propaganda over the last year, there is less clarity around what purpose it serves. Kieffer said it is possible that DHS hopes to recruit individuals affiliated with extremist groups or movements into the ranks of immigration enforcement agents. So far, however, there has been no clear evidence that this is occurring in significant numbers. DHS did not respond to a question from NPR asking whether it is using this messaging intentionally to recruit extremists to join Immigration and Customs Enforcement or Customs and Border Protection.

In fact, Ward said the number of Americans who fall into this category is so small that it would be a disproportionate focus for relatively small gain. Instead, he said he sees this messaging as accomplishing something with a much wider and lasting impact on the country.

"Propaganda doesn't change minds. It trains reflexes," he said. "Donald Trump is signaling because he wants to normalize this type of rhetoric both within MAGA, but he also wants the American public to become more accustomed [to it]. It is a way of testing normalization and tolerance in the larger American society."

Simi said the propaganda is all part of an effort to create a "mood" about present-day conditions in the country.

"I think it's important here to think about: What is the mood that's being conveyed by these messages?" he said. "More than anything, I think they're trying to normalize different ideas associated with the messaging that immigration is an 'invasion,' that we've been overrun by these criminal immigrants, that we face an existential crisis, we are under violent attack and that requires self-defense. And in this case, because it's a violent attack that we're facing, then that legitimizes the use of violence."

Ward said that as discouraging as it may be to resist radicalizing messages from the seat of power, there are still steps that everyday Americans can take.

"The first is, don't circulate dehumanizing content — even to criticize it," he said. Second, Ward said, people should look critically at who is labeled as a "threat" and who is labeled as "the real people" in messages issued by federal agencies. He said people should try to understand the emotions that propaganda is trying to attach to different groups of people, such as the counterfactual effort to associate immigrants with disproportionate criminality.

"And then third is: Defend democracy locally," he said. "And that means standing up for your most vulnerable neighbors. ... Countries don't fall because people disagree. They fall when people are taught who no longer counts."
Copyright 2026 NPR

There’s nothing grand about Santa Ana Immigration Court. Tucked in the corner of an office park between two county health agencies, you’d hardly know it was there. Which is why a group of volunteer court observers shows up on a daily basis — to keep tabs on immigration policies that seem to change by the week, and to channel resources to people facing deportation.

“People feel comforted by just seeing us there, especially that we are people of faith,” said Jennifer Coria, who coordinates the immigration court observer program for the group Clergy and Laity United for Economic Justice, or CLUE. Observers come from churches and other religious entities across Orange County and L.A. They're encouraged to wear something that signals their faith, or, if they’re clergy, to show up in religious attire.

“We want the judges to know that we are coming from a faith community and they see that there's moral presence in these spaces,” Coria said.

Why now?

The immigration court observer program is among dozens of grassroots efforts that have popped up around Southern California and across the country in response to the Trump administration’s mass deportation campaign. Other groups are patrolling neighborhoods to alert residents of ICE raids, delivering food boxes to immigrant families scared to leave their homes, and posting up at Home Depots to accompany day laborers who have been a frequent target of the raids.

LAist recently spent a morning inside Santa Ana Immigration Court with a group of observers to get a peek into the legal side of the federal deportation campaign. After President Donald Trump’s first full year in office, his administration continues its rapid pace of removals, in fulfillment of his campaign promises.

In an email to LAist, a spokesperson for the Department of Homeland Security said more than 700,000 immigrants had been arrested under Trump and DHS Secretary Kristi Noem, 70% of them with criminal convictions or pending criminal charges in the U.S. That statistic doesn't account for those wanted in their home countries for suspected crimes, the spokesperson added.

LAist has requested clarification on the government’s figures, which contrasts with other sources. For example, the Deportation Data Project estimates that the Trump administration deported fewer than 300,000 from the interior of the country during its first year, not counting immigrants caught or turned away at the border. The project is run largely by a group of law professors and lawyers who publish reports based on government datasets.

Why it matters

In immigration court, the administration’s deportation campaign has meant faster proceedings, and fewer immigrants allowed to remain in the United States, according to data maintained by Transactional Records Access Clearinghouse (TRAC), a project of Syracuse University. The data also shows that less than 2% of new deportation cases filed in 2026 allege that the person was involved in criminal activity beyond entering the country illegally.

The court observers in Santa Ana aren’t there to protest inside courtrooms or try to block deportation orders. But they say they’ll keep showing up to offer pro bono legal resources and, at the least, moral support for vulnerable members of their community.

“They're my neighbors. It's like, why wouldn't I defend them?” said Diedre Gaffney, one of the court observers.

Immigration court is an administrative court within the Department of Justice.

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A day in immigration court

For court observers, the morning starts in the lobby, scanning a wall of electronic displays with the day’s docket. They usually look for courtrooms holding what’s known as master calendar hearings — rapid-fire, preliminary hearings that can have life-changing outcomes for people fighting deportation or seeking asylum.

The observers are familiar with the judges by now, and know which ones might not welcome their presence. Members of the public are generally allowed to attend immigration court hearings. But judges can close hearings or limit attendance at their discretion.

After a brief discussion, the observers decided to head to Judge Wilbur Lee’s courtroom. The room is small and sparse. A flag stands in one corner. A big screen for virtual appearances takes up the other.

The judge sits behind a computer monitor at the front of the room, flanked by a copy machine and a Spanish language interpreter.

Lee had more than 20 cases on his docket for the morning. Some people were seeking asylum; others hoped to adjust their status, which provides a pathway to legal residency, for example, for immigrants who have married a U.S. citizen. Most of the hearings lasted only a few minutes, either postponed to another date, or scheduled for a subsequent hearing. Sometimes language, and the lack of an interpreter, delayed the hearing — there was a Nicaraguan man who spoke only Miskito, an indigenous language, and another from Kazakhstan who spoke Kazakh.

Respondents — that’s the official term for people facing immigration proceedings — had traveled, or video-conferenced in, from Irvine, Costa Mesa, Fullerton, Riverside, San Fernando, Eastvale and Rialto.

One of the court observers spotted something new in the courtroom that day: a bright blue flyer on the desk where respondents sit to answer questions from the judge. It read, in all caps, “MESSAGE TO ILLEGAL ALIENS: A WARNING TO SELF-DEPORT.”

The flyer, which was also posted in the courtroom lobby, laid out benefits (“leave on your own terms,”) and consequences (“immediate deportation,” “no opportunity to get your affairs in order”) of taking or not taking the government’s advice. A QR code on the flyer led to a website for the government’s self-deportation incentive program, which includes a bonus for immigrants who choose to self-deport. The amount was upped in January from $1,000 to $2,600. Some news outlets have reported problems with the program, including people not receiving the promised bonus once back in their home country.

The observers’ evolving mission

The fliers are the latest example of how quickly policies and procedures are changing, often without warning, adding to the dizzying nature of the proceedings.

Last summer, when the Trump administration began its crackdown in earnest, ICE officers would often sit inside, or just outside courtrooms, and take people into custody as soon as their case was dismissed. At the time, the court observers concentrated on getting personal information from the detainees so they could contact their families and help them locate their loved ones in ICE facilities.

These days, observers say they haven’t seen ICE agents in courtrooms since the fall. So the observers’ mission has shifted to trying to get legal representation for people facing deportation proceedings without a lawyer.

About half the people facing deportation proceedings in California do not have a lawyer, according to data compiled by TRAC at Syracuse University. Without a lawyer, respondents are more than three times more likely to face a deportation order than those who have one, according to the data. By law, there is no requirement to provide legal representation.

Now, when the volunteer court observers notice that a respondent is facing the judge alone, they follow them out of the courtroom and text or hand them a list of pro bono attorneys — often with an explanation aided by Google translate, or a few memorized lines in Spanish.

“I tell them to call everyone on the list,” said Erin Moncure, a court observer from Lake Forest, noting that immigration lawyers are overwhelmed with the onslaught of cases over the past year.

Moncure, who doesn’t speak Spanish, said she’s nevertheless talked to hundreds of strangers at immigration court to try and connect them with pro bono attorneys. Often she asks for their cell phone number so she can text them a list.

“There really is no reason for them to trust me,” she said. “That’s how desperate people are.”

Rapidly changing policies

The new flyer in immigration courtrooms urging people to self-deport is just one of many changes court observers have noted since they’ve been attending immigration hearings in Santa Ana over the past six months.

Now, rather than detaining people at courthouses, the Trump administration is focusing on other ways to speed up deportation. One of them is by increasingly sending asylum seekers already in the U.S. to third-party countries to seek asylum there instead. The first Trump administration signed deals in 2019 with Guatemala, El Salvador and Honduras to re-route people seeking asylum in the U.S. to those countries.

The Biden administration ended these agreements, and Trump reinstated them again last year. He’s also made new agreements with other countries to take asylum seekers and deportees, including with Ecuador, Paraguay, Belize and Uganda. In DHS’s statement to LAist, a spokesperson wrote that the third country agreements “ensure due process under the U.S. Constitution” and “ are essential to the safety of our homeland and the American people.”

Government attorneys and immigration judges are facing increasing pressure to use this option to cut off asylum cases early in the process, said Blaine Bookey,  legal director at the Center for Gender and Refugee Studies at UC Law San Francisco. Many of the cases on Lee’s morning docket involved a request from the DHS lawyer to remove the person to a country other than the one they had left to come to the U.S.

What this actually means

In one case, a woman and her teenage daughter were seeking asylum after they said their lives were threatened in Guatemala stemming from their relatives’ involvement in local politics.

They hadn’t yet had a chance to plead their asylum case to remain in the U.S. when the judge began to ask them hard questions: if they feared returning to Guatemala, what about being sent instead to Honduras? The women seemed caught off guard.

Ultimately, the judge determined that the two didn’t have a legally valid fear of being sent to Honduras, and ordered them deported there to seek asylum.

The DHS spokesperson told LAist that ending cases before they have a hearing, called pretermission, “is nothing new or unusual” and that the mechanism prevents prolonged custody for immigrants who have been detained while they await the outcome of their legal case.

"We are applying the law as written,” the spokesperson wrote. “If a judge finds an illegal alien has no right to be in this country, we are going to remove them. Period. All aliens in ICE custody receive due process and have any claims heard before a judge.”

Outside the courtroom, the two women from Guatemala fought to contain tears as they digested the news.

“What kind of life can we expect in Honduras? It’s pretty much the same as Guatemala,” the mom said in Spanish.

Bookey, from the Center for Gender and Refugee Studies, said the women's concern was a legitimate one, especially with regards to third-country asylum deals with Central American countries.

“Given the sort of porous borders in that area … you're basically returning someone to their home country directly because their persecutor can easily track them down or find them there,” she said.

Now, the only recourse for the two women from Guatemala is to appeal their case, normally a costly and lengthy process. But even that right might be curbed in the future: the Department of Justice plans to implement a rule next month that will shorten the amount of time respondents have to file an appeal, and raise the bar for granting them.

A judge’s perspective

In the highly politicized climate over immigration, judges are in a tough spot. Immigration courts are under the executive, not the judicial branch of government. Immigration judges have the legal authority to make independent decisions, but some say that independence is being challenged by the current administration.

Judge Jeremiah Johnson was one of around 100 immigration judges abruptly fired last year. He told LAist judges are under intense pressure from the Trump administration to fall in line with its policies.

“Judges are terrified of losing their job,” said Johnson, who still serves as the executive vice president of the National Association of Immigration Judges, a voluntary labor organization.

The loss of judges, and the administration’s shifting priorities, has meant a constant shuffling of case dockets among remaining judges, causing delays and backlogs, and also, increasing pressure to end cases quickly, Johnson said. Currently, there are more than 3 million immigration cases pending across the country, according to TRAC, around six times more than courts were facing a decade ago.

Johnson said the pressure to close cases, including by sending asylum seekers to other countries, threatens people’s right to due process.

“Due process to me is a full and fair hearing,” he said. “These are life or death claims, and so you really need to make sure you get this right.”

Recently, the administration began recruiting for “deportation judges,” including a signing bonus, to replace the immigration judges who were fired or resigned. Johnson called the change in job title “insulting” and a mischaracterization of the role.

“It's not an enforcement position, it's to adjudicate the laws fairly,” Johnson said. “I took the job to uphold the law. That oath was very solemn to me and all the judges on that bench,” he said.

What the observers are trying to accomplish

Court observers have seen some positive changes at Santa Ana Immigration Court since they started observing last summer. On the day LAist visited Lee’s courtroom, many of the respondents had lawyers — a big change, observers said, from just a few months ago.

CLUE also started a fund to pay bonds for non-criminal immigration detainees, and they’ve been able to release more than a 100 people from detention while they wait for their day in court.

Jennifer Caria, Diedre Gaffney, and Nate Hadinata, immigration court observers with Clergy and Laity United for Economic Justice, CLUE.

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Jill Replogle

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LAist

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Nate Hadinata, from Saddleback Church, sees his role as a “ministry of presence,” and not just for immigrants at risk of deportation.

“ I'm actually here for everybody in the courtroom,” Hadinata said, “because I start to see that the judges are frustrated with the remote lawyers on WebEx, where the internet connection for some reason is shoddy, … the DHS attorneys, I could see they’ve got cough drops on the table, so they're working through illness,” he said.

Earlier this month, a DHS lawyer in Minnesota, exhausted by the avalanche of work, made headlines after telling a judge, “This job sucks.”

Hadinata said attending court proceedings has also allowed him to share his first-hand observations about the current immigration crackdown with his fellow parishioners.  

“When you think that people are criminals in here and you actually get firsthand accounts, you actually start to realize, ‘Oh, I just see families,'" he said. “And aren't we all about strong family?”

Biweekly vigil for the 'disappeared'

Besides the court watching and the bond fund, CLUE holds a bi-weekly prayer vigil in front of Santa Ana Immigration Court. Last Thursday, Nathan Hill, pastor at Church of the Foothills in North Tustin, stood in front of the courthouse next to a sign that read, “We are people of faith praying for the disappeared.”

Hill, wearing a cream-colored stole with brightly embroidered crosses, led a group of nearly 30 people in prayer and song. Some of the attendees wore pink bandanas, an homage, they said, to the Mothers of the Plaza de Mayo, women who demonstrated during Argentina’s so-called “Dirty War” to pressure the military dictatorship for information about their disappeared children.

Hill began the vigil:

María Elena Perales,  with the Sisters of St. Joseph of Orange, said she helped start the prayer vigils in June as a way to show public support for local families targeted in the immigration raids.

“Many of them do not go grocery shopping, many of them do not send their kids to school. Kids are being traumatized as we speak,” she said of the raids’ effect on immigrant families. “A lot of people do not understand, maybe, what our families are suffering. This is an opportunity to engage people and say, ‘come and join us in prayer, and hear about the stories.’”

As the prayer vigil wound down, people began to trickle through the doors of immigration court. The afternoon session would soon begin, and with it, dozens more lives in the balance.