1 00:00:01,760 --> 00:00:02,880 Speaker 1: As media. 2 00:00:03,560 --> 00:00:06,480 Speaker 2: Hi everyone, I hope you are enjoying your break as 3 00:00:06,559 --> 00:00:09,680 Speaker 2: much as we are. I wanted to go back to 4 00:00:09,760 --> 00:00:12,920 Speaker 2: my Title forty two episodes from earlier this year, specifically 5 00:00:12,920 --> 00:00:15,680 Speaker 2: this may because it seems that we might be headed 6 00:00:15,720 --> 00:00:19,119 Speaker 2: back towards Title forty two, which is a disaster for 7 00:00:19,520 --> 00:00:21,959 Speaker 2: the poor Lyric's a disaster for people seeking asylum in 8 00:00:22,000 --> 00:00:28,000 Speaker 2: this country, and it's really just a disaster for no humanity. 9 00:00:28,200 --> 00:00:30,200 Speaker 2: And so I wanted to return to the first episode 10 00:00:30,240 --> 00:00:31,880 Speaker 2: of my series on Title forty two, in which I 11 00:00:31,880 --> 00:00:35,760 Speaker 2: explain how the Trump and Biden administrations used the public 12 00:00:35,760 --> 00:00:50,360 Speaker 2: Health law to kill refugees. I hope you enjoy You 13 00:00:50,400 --> 00:00:53,840 Speaker 2: probably don't remember the passage of Title forty two, let 14 00:00:53,840 --> 00:00:56,560 Speaker 2: alone that of Title forty two, Chapter six A sub 15 00:00:56,640 --> 00:01:00,920 Speaker 2: Chapter two, Part G Section two sixty four, but it's 16 00:01:00,960 --> 00:01:03,280 Speaker 2: a part of US federal law that gives a government 17 00:01:03,320 --> 00:01:06,480 Speaker 2: the authority to take emergency action to keep communical diseases 18 00:01:06,520 --> 00:01:10,120 Speaker 2: out of the country. The portion, which allows a sweeping 19 00:01:10,160 --> 00:01:14,039 Speaker 2: disregard for asylum law passed in nineteen forty four, reads 20 00:01:14,080 --> 00:01:16,920 Speaker 2: in one giant run on paragraph sentence as follows. 21 00:01:17,560 --> 00:01:20,480 Speaker 3: Whenever the Surgeon General determines that by reason of the 22 00:01:20,480 --> 00:01:23,840 Speaker 3: existence of any communicable disease in a foreign country, there 23 00:01:23,880 --> 00:01:26,760 Speaker 3: is serious danger of the introduction of such disease into 24 00:01:26,800 --> 00:01:29,680 Speaker 3: the United States, and that this danger is so increased 25 00:01:29,720 --> 00:01:32,480 Speaker 3: by the introduction of persons or property from such country 26 00:01:32,520 --> 00:01:34,960 Speaker 3: that a suspension of the right to introduce such persons 27 00:01:34,959 --> 00:01:37,880 Speaker 3: and property is required in the interest of the public health. 28 00:01:38,040 --> 00:01:41,240 Speaker 3: The Surgeon General, in accordance with regulations approved by the President, 29 00:01:41,400 --> 00:01:44,240 Speaker 3: shall have the power to prohibit and whole or in part, 30 00:01:44,480 --> 00:01:47,520 Speaker 3: the introduction of persons and property from such countries or 31 00:01:47,560 --> 00:01:50,560 Speaker 3: places as he shall designate, in order to avert such danger, 32 00:01:50,800 --> 00:01:52,680 Speaker 3: and for such period of time as he may deem 33 00:01:52,720 --> 00:01:54,040 Speaker 3: necessary for such purpose. 34 00:01:54,640 --> 00:01:58,240 Speaker 2: Before President Donald Trump's administration used it on March twentieth, 35 00:01:58,240 --> 00:02:01,520 Speaker 2: twenty twenty, it had been used only in nineteen twenty 36 00:02:01,600 --> 00:02:03,960 Speaker 2: nine to keep ships from China and the Philippines from 37 00:02:04,040 --> 00:02:07,760 Speaker 2: entering US ports during a meningitis outbreak. But in March 38 00:02:07,760 --> 00:02:10,440 Speaker 2: of twenty twenty, when you probably weren't paying much attention 39 00:02:10,480 --> 00:02:13,000 Speaker 2: because the world was falling apart, or when I'd just 40 00:02:13,080 --> 00:02:15,680 Speaker 2: returned from a work trip to Rwanda, where I was 41 00:02:15,760 --> 00:02:18,960 Speaker 2: month before any precautions appeared in the USA, screened for 42 00:02:19,000 --> 00:02:23,400 Speaker 2: a novel coronavirus. The Trump administration cited this public health 43 00:02:23,480 --> 00:02:27,040 Speaker 2: law in instructions to the Department of Homeland Security on 44 00:02:27,160 --> 00:02:31,720 Speaker 2: restrictions for migrants entering the United States. That very same day, 45 00:02:32,080 --> 00:02:36,120 Speaker 2: Center for Disease Control Director Robert R. Redfield relied on 46 00:02:36,160 --> 00:02:40,440 Speaker 2: this regulation to issue order suspending the introduction into the 47 00:02:40,560 --> 00:02:44,200 Speaker 2: United States of certain individuals who had been in quote 48 00:02:44,280 --> 00:02:49,600 Speaker 2: unquote coronavirus impacted areas and quote who would be introduced 49 00:02:49,600 --> 00:02:53,040 Speaker 2: into a congregate setting at the port of entry or 50 00:02:53,080 --> 00:02:57,040 Speaker 2: a border station. This includes individuals coming from Canada or 51 00:02:57,120 --> 00:03:00,600 Speaker 2: Mexico who would normally be detained by CBPR after arriving 52 00:03:00,639 --> 00:03:04,200 Speaker 2: at the border, people including asylum seekers and accompanied children, 53 00:03:04,480 --> 00:03:07,240 Speaker 2: and people attending to enter the United States between ports 54 00:03:07,280 --> 00:03:11,720 Speaker 2: of entry. Citing the new CDC order, that same day, 55 00:03:11,880 --> 00:03:15,799 Speaker 2: the Border Patrol began expelling individuals who arrived at the 56 00:03:15,880 --> 00:03:21,000 Speaker 2: US Mexico border without giving them the opportunity to seek asylum. 57 00:03:21,360 --> 00:03:24,880 Speaker 2: Reports indicate the CDC scientists expressed opposition to the invocation 58 00:03:24,960 --> 00:03:27,520 Speaker 2: of Title forty two, arguing that there was really no 59 00:03:27,600 --> 00:03:31,600 Speaker 2: public health rationale to support it. Ever since then, public 60 00:03:31,639 --> 00:03:35,640 Speaker 2: health experts outside the CDC have continued to agree, arguing 61 00:03:35,640 --> 00:03:38,760 Speaker 2: that while international borders largely remain open to other travelers, 62 00:03:39,000 --> 00:03:41,520 Speaker 2: there is no need to turn away refugees and expel 63 00:03:41,600 --> 00:03:44,280 Speaker 2: them to their home countries or send them to Mexico. 64 00:03:44,600 --> 00:03:48,760 Speaker 2: Despite this, DHS has been applying Title forty two to 65 00:03:48,880 --> 00:03:52,320 Speaker 2: migrants for three years since then, and people have been 66 00:03:52,320 --> 00:03:54,800 Speaker 2: turned away without getting a chance to plead their case 67 00:03:54,840 --> 00:03:56,840 Speaker 2: for asylum three million times. 68 00:03:58,120 --> 00:03:58,280 Speaker 1: Now. 69 00:03:58,280 --> 00:04:01,520 Speaker 2: Trump is no longer president, but Title forty two has persisted. 70 00:04:01,960 --> 00:04:05,160 Speaker 2: It's actually persisted for much longer under Biden's watch two 71 00:04:05,240 --> 00:04:08,400 Speaker 2: years and four months than it did under Trump ten months. 72 00:04:09,040 --> 00:04:12,160 Speaker 2: But we'll get to that part later. First, let's look 73 00:04:12,160 --> 00:04:14,920 Speaker 2: at what this bureaucratic wrinkle does when it supplied for 74 00:04:15,000 --> 00:04:18,440 Speaker 2: three years across the land border spanning three one hundred 75 00:04:18,440 --> 00:04:21,839 Speaker 2: and forty five kilometers. That's one nine hundred and fifty 76 00:04:21,839 --> 00:04:25,000 Speaker 2: four miles for the Americans listening at a time when 77 00:04:25,040 --> 00:04:29,680 Speaker 2: climate change, economic decline, and state and nonstate violence are 78 00:04:29,720 --> 00:04:32,960 Speaker 2: driving more and more people towards the USA's southern border 79 00:04:33,200 --> 00:04:36,800 Speaker 2: in the hope of a better life. We're talking about 80 00:04:36,800 --> 00:04:38,800 Speaker 2: the Title forty two this week because it ended on 81 00:04:38,839 --> 00:04:41,560 Speaker 2: Mail eleventh. In a sense, this marks an important change 82 00:04:41,560 --> 00:04:44,800 Speaker 2: in immigration law, but in a sense it doesn't. Immigration 83 00:04:44,960 --> 00:04:47,840 Speaker 2: was complicated and cruel for migrants and profitable for people 84 00:04:47,880 --> 00:04:50,800 Speaker 2: on both sides of the border before March of twenty twenty, 85 00:04:51,480 --> 00:04:54,000 Speaker 2: and it's the same after Title forty two has gone. 86 00:04:54,320 --> 00:04:57,320 Speaker 2: But nonetheless, Title forty two represented a distinct change in 87 00:04:57,360 --> 00:05:00,440 Speaker 2: how asylum works in the US, and especial scually, when 88 00:05:00,440 --> 00:05:04,159 Speaker 2: combined with other Trump policies that Biden has continued, a 89 00:05:04,240 --> 00:05:07,200 Speaker 2: distinct change in how many people die when coming to 90 00:05:07,240 --> 00:05:09,680 Speaker 2: this country to try and have a better chance at 91 00:05:09,720 --> 00:05:14,760 Speaker 2: a save future. By April of twenty twenty, Title forty 92 00:05:14,800 --> 00:05:17,680 Speaker 2: two expulsions at the border overtook the previous record for 93 00:05:17,720 --> 00:05:21,880 Speaker 2: expulsions under the so called Migrant Protection Protocol, which is 94 00:05:21,920 --> 00:05:24,600 Speaker 2: better known as Remain in Mexico, that was set in 95 00:05:24,640 --> 00:05:28,479 Speaker 2: August of twenty nineteen under an agreement reached with the 96 00:05:28,480 --> 00:05:31,559 Speaker 2: Mexican government. In late March of twenty twenty, the border 97 00:05:31,600 --> 00:05:36,920 Speaker 2: patrol began sending quote unquote back to Mexico most Mexican 98 00:05:37,040 --> 00:05:41,680 Speaker 2: but also Guatemala and Honduran and Saldorean families and seeing 99 00:05:41,760 --> 00:05:45,799 Speaker 2: adults encountered at the border. This group of nationalities remained 100 00:05:45,880 --> 00:05:48,520 Speaker 2: unchanged until May of twenty twenty two, when the Biden 101 00:05:48,520 --> 00:05:52,000 Speaker 2: administration came to an agreement with Mexico to accept quote 102 00:05:52,080 --> 00:05:56,600 Speaker 2: unquote thousands of Cubans and Nicaraguans sent from the United 103 00:05:56,640 --> 00:06:01,360 Speaker 2: States to Mexico. But this doesn't really matter. You'll see 104 00:06:01,360 --> 00:06:04,440 Speaker 2: that alone these episodes. Immigration law on the ground and 105 00:06:04,520 --> 00:06:08,240 Speaker 2: immigration law in Washington, DC are two very different things. 106 00:06:08,720 --> 00:06:12,920 Speaker 2: There has been extensive documentation of individuals expelled to Mexico 107 00:06:12,960 --> 00:06:17,320 Speaker 2: who do not fit within these nationalities, including Haitian asylum seekers, 108 00:06:17,320 --> 00:06:21,440 Speaker 2: some of whom I've spoken to myself. People who are 109 00:06:21,440 --> 00:06:24,120 Speaker 2: expelled are often driven by bus to the nearest port 110 00:06:24,160 --> 00:06:28,479 Speaker 2: of entry that's a land border crossing, and told to 111 00:06:28,520 --> 00:06:31,880 Speaker 2: walk back to Mexico, often without their luggage and other belongings. 112 00:06:32,440 --> 00:06:36,200 Speaker 2: I've found that luggage and belongings, including ID cards, clothing, 113 00:06:36,279 --> 00:06:39,560 Speaker 2: and even little stuffed animals, all along the border in 114 00:06:39,600 --> 00:06:42,000 Speaker 2: the three years since Title forty two has been in place. 115 00:06:43,080 --> 00:06:45,200 Speaker 2: I asked my friend Paul to describe what we found 116 00:06:45,240 --> 00:06:47,120 Speaker 2: in Texas when we've been for a walk along the 117 00:06:47,120 --> 00:06:50,599 Speaker 2: border wall during our time reporting on the National Butterfly Center. 118 00:06:50,640 --> 00:06:55,080 Speaker 4: There you'd find drivers' licenses. I believe At one point 119 00:06:55,120 --> 00:07:00,760 Speaker 4: we found like an almost an information packer or like 120 00:07:00,839 --> 00:07:03,400 Speaker 4: it was for a teenager, a teenage girl. I remember 121 00:07:03,400 --> 00:07:07,600 Speaker 4: that because we got pictures of it. And then when 122 00:07:07,640 --> 00:07:10,600 Speaker 4: we took that long walk, remember we walked down the 123 00:07:10,600 --> 00:07:13,680 Speaker 4: border wall. It's two and a half mile walk something 124 00:07:13,720 --> 00:07:16,000 Speaker 4: like that. When we got to the very end of 125 00:07:16,040 --> 00:07:23,000 Speaker 4: the wall where the river was, there was just a 126 00:07:23,120 --> 00:07:27,000 Speaker 4: giant pile of people's stuff. And some of it was 127 00:07:27,040 --> 00:07:32,560 Speaker 4: obviously trash, you know, they were abandoning clothes after they 128 00:07:32,680 --> 00:07:35,720 Speaker 4: changed from crossing and stuff like that, but a lot 129 00:07:35,720 --> 00:07:41,040 Speaker 4: of it was full backpacks, a lot of ID documents 130 00:07:41,120 --> 00:07:45,960 Speaker 4: just in piles, just piles of them. Yeah, yeah, just 131 00:07:45,960 --> 00:07:48,360 Speaker 4: big piles of documents that proved who you were. 132 00:07:48,800 --> 00:07:51,520 Speaker 2: The other thing we found with lattice, tons of them, 133 00:07:52,160 --> 00:07:55,840 Speaker 2: apparently someone built a gazebo out of them. The wall 134 00:07:55,920 --> 00:07:58,640 Speaker 2: varies in design a bit along the border, depending on 135 00:07:58,680 --> 00:08:00,920 Speaker 2: when and by whom it was built. But the trum 136 00:08:01,000 --> 00:08:03,440 Speaker 2: design has a flat anti climb plate at the top. 137 00:08:03,960 --> 00:08:05,960 Speaker 2: I'll let Paul describe how that's going. 138 00:08:06,360 --> 00:08:08,840 Speaker 4: It was literally like somebody went to the hardware store 139 00:08:09,720 --> 00:08:12,200 Speaker 4: bought two of the longest or actually sorry, three of 140 00:08:12,240 --> 00:08:15,160 Speaker 4: the longest two by four, as you could put two 141 00:08:15,200 --> 00:08:18,560 Speaker 4: of them beside each other and then just nailed steps 142 00:08:18,960 --> 00:08:21,840 Speaker 4: up them, so you know, they were like sixteen twenty 143 00:08:21,840 --> 00:08:25,680 Speaker 4: feet long, and which was enough to just climb over 144 00:08:25,720 --> 00:08:31,280 Speaker 4: the wall like there weren't There weren't many places actually, 145 00:08:31,360 --> 00:08:34,000 Speaker 4: because most of the wall had that anti climb barrier 146 00:08:34,080 --> 00:08:37,200 Speaker 4: at the top. Whereas when you didn't have the anti 147 00:08:37,200 --> 00:08:40,439 Speaker 4: climb barrier, you didn't actually have something to set it against. 148 00:08:40,480 --> 00:08:42,000 Speaker 4: But once you put that on there, you could just 149 00:08:42,080 --> 00:08:44,160 Speaker 4: lean the ladder up against it. It's like self. 150 00:08:43,960 --> 00:08:55,679 Speaker 2: Defeating Sometimes these expulsions, I'm not as straightforward. It's a 151 00:08:55,679 --> 00:08:58,920 Speaker 2: bust to nearest port of entry. CBP has carried out 152 00:08:58,960 --> 00:09:02,240 Speaker 2: what are called lateral trans by plane or bus, taking 153 00:09:02,280 --> 00:09:06,400 Speaker 2: migrants to another location along the border, to towns like 154 00:09:06,480 --> 00:09:08,800 Speaker 2: San Diego or El Paso, even if they entered in 155 00:09:08,920 --> 00:09:13,360 Speaker 2: Arizona or California. This leaves families stranded in the town 156 00:09:13,480 --> 00:09:18,040 Speaker 2: where they have no connections, no resources, and no community. Again, 157 00:09:18,120 --> 00:09:21,160 Speaker 2: these are people I've met. It won't have escaped. The 158 00:09:21,200 --> 00:09:24,720 Speaker 2: listeners attention that those planes and buses and other means 159 00:09:24,760 --> 00:09:28,720 Speaker 2: of detention and transport are indeed congregate settings, but that 160 00:09:28,760 --> 00:09:32,480 Speaker 2: doesn't seem to matter here. Title forty two didn't stop 161 00:09:32,480 --> 00:09:36,199 Speaker 2: people trying to come, but it made the journey more difficult. 162 00:09:37,040 --> 00:09:39,440 Speaker 2: Instead of crossing and trying to turn themselves in for 163 00:09:39,480 --> 00:09:43,320 Speaker 2: asylum or approaching a port of entry, people began crossing 164 00:09:43,320 --> 00:09:47,119 Speaker 2: in more remote places, places without border walls or barriers, 165 00:09:47,400 --> 00:09:52,280 Speaker 2: with less frequent border patrols. In twenty twenty, the Border 166 00:09:52,320 --> 00:09:55,120 Speaker 2: Patrol found two hundred and forty seven dead bodies along 167 00:09:55,120 --> 00:09:58,600 Speaker 2: the border. This is unlikely to represent the full human 168 00:09:58,600 --> 00:10:01,560 Speaker 2: toll of border enforcement. Many deaths in the desert go 169 00:10:01,679 --> 00:10:06,240 Speaker 2: unreported and undiscovered, but it gives some kind of point 170 00:10:06,240 --> 00:10:09,040 Speaker 2: of comparison for the twenty twenty one number. After a 171 00:10:09,120 --> 00:10:12,800 Speaker 2: year of Title forty two, five hundred and forty six 172 00:10:12,840 --> 00:10:16,640 Speaker 2: people died that year. In twenty twenty two, third year 173 00:10:16,679 --> 00:10:20,600 Speaker 2: of Title forty two, eight hundred and fifty seven people died. 174 00:10:22,000 --> 00:10:23,920 Speaker 2: None of those people were guilty of any crime and 175 00:10:24,000 --> 00:10:26,760 Speaker 2: than wanting a better life, but under Title forty two, 176 00:10:27,360 --> 00:10:29,880 Speaker 2: they lost their lives because the US didn't give them 177 00:10:29,880 --> 00:10:33,440 Speaker 2: a safe way to exercise the human right to claim asylum. 178 00:10:34,360 --> 00:10:38,360 Speaker 2: One local advocate, Hamaira Yusefi, from a group called Pana, 179 00:10:38,600 --> 00:10:41,600 Speaker 2: the partnership for the advance of New Americans, explain what 180 00:10:41,640 --> 00:10:43,960 Speaker 2: Title forty two had been like for her as an 181 00:10:43,960 --> 00:10:45,559 Speaker 2: advocate for asylum seekers. 182 00:10:45,760 --> 00:10:51,640 Speaker 5: When the pandemic hit, we saw that Title forty two 183 00:10:52,080 --> 00:10:56,400 Speaker 5: heavily restricted those who were able to seek asylum in 184 00:10:56,400 --> 00:11:00,559 Speaker 5: this country. So while there was chaos happening and folks 185 00:11:00,679 --> 00:11:02,839 Speaker 5: around the world who were trying to come to the 186 00:11:02,920 --> 00:11:05,719 Speaker 5: United States for refuge, they were unable to do so. 187 00:11:06,080 --> 00:11:09,240 Speaker 5: And what this resulted in is people taking an even 188 00:11:09,320 --> 00:11:13,280 Speaker 5: more dangerous path right than before and going between the 189 00:11:13,600 --> 00:11:16,600 Speaker 5: ports of entries in order to try to seek refuge. 190 00:11:16,600 --> 00:11:19,800 Speaker 5: And so we have had hundreds of cases of individuals 191 00:11:19,800 --> 00:11:24,320 Speaker 5: who have gotten themselves injured, who the hospitals are calling 192 00:11:24,400 --> 00:11:27,120 Speaker 5: us because they tried to cross and got injured, and 193 00:11:27,320 --> 00:11:29,920 Speaker 5: where we're trying to help them with getting some basic 194 00:11:30,000 --> 00:11:33,880 Speaker 5: legal services and immediate shelter and those types of things. 195 00:11:34,600 --> 00:11:38,440 Speaker 2: Since Biden took office, Human Rights First says it's identified 196 00:11:38,520 --> 00:11:43,560 Speaker 2: more than thirteen thousand incidents of kidnapping, torture, rape, or 197 00:11:43,600 --> 00:11:47,120 Speaker 2: other violent attacks on people blocked or expelled to Mexico 198 00:11:47,160 --> 00:11:50,040 Speaker 2: on a Title forty two. That's because it's easy for 199 00:11:50,160 --> 00:11:52,520 Speaker 2: violence to follow people who have no resources and no 200 00:11:52,600 --> 00:11:56,200 Speaker 2: community to protect them. For that reason that you won't 201 00:11:56,200 --> 00:12:00,200 Speaker 2: always see faces in my photographs at the Border, some 202 00:12:00,240 --> 00:12:02,440 Speaker 2: of the names in this series have changed, or perhaps 203 00:12:02,440 --> 00:12:05,720 Speaker 2: we're just using someone's first name. It's also for that 204 00:12:05,760 --> 00:12:08,640 Speaker 2: reason that not everyone at the border always wants to talk. 205 00:12:09,120 --> 00:12:11,280 Speaker 2: But we do have some interviews coming up for you tomorrow. 206 00:12:12,320 --> 00:12:14,079 Speaker 2: Here's a clip from a discussion about this which I 207 00:12:14,120 --> 00:12:15,320 Speaker 2: recorded the border last week. 208 00:12:15,400 --> 00:12:17,679 Speaker 3: I'm trying to get people's faces, and that's what everybody 209 00:12:17,760 --> 00:12:20,319 Speaker 3: is doing. I can't speak to. 210 00:12:20,240 --> 00:12:20,640 Speaker 4: What they're doing. 211 00:12:20,679 --> 00:12:22,840 Speaker 1: That's what I'm doing. I don't know about other people. 212 00:12:23,040 --> 00:12:26,120 Speaker 2: You should ask. You should if you think someone's taking 213 00:12:26,160 --> 00:12:26,960 Speaker 2: a photo of you. 214 00:12:27,120 --> 00:12:27,559 Speaker 3: It's okay. 215 00:12:27,600 --> 00:12:31,800 Speaker 4: I don't have a you. 216 00:12:31,760 --> 00:12:32,520 Speaker 6: Know, I wish I could. 217 00:12:32,960 --> 00:12:33,600 Speaker 7: I could tell you. 218 00:12:33,720 --> 00:12:35,960 Speaker 2: People who are subject to title for you to expulsion 219 00:12:36,200 --> 00:12:38,640 Speaker 2: are not given an opportunity to contest their expulsion on 220 00:12:38,679 --> 00:12:41,160 Speaker 2: the grounds it would face persecution in the country to 221 00:12:41,160 --> 00:12:44,160 Speaker 2: which they would be expelled. There's a very limited exceptions 222 00:12:44,160 --> 00:12:47,160 Speaker 2: title for you too, for people who quote unquote spontaneously 223 00:12:47,240 --> 00:12:50,640 Speaker 2: inform CBP officers that they fear being tortured in the 224 00:12:50,640 --> 00:12:54,040 Speaker 2: country to which they will be expelled. However, in order 225 00:12:54,080 --> 00:12:56,800 Speaker 2: to receive an official screening by an asylum officer for exemption. 226 00:12:56,880 --> 00:13:00,200 Speaker 2: Under that provision, the CVP officer must first determine that 227 00:13:00,240 --> 00:13:03,960 Speaker 2: the claim is reasonably believable. From March twenty twenty through 228 00:13:03,960 --> 00:13:06,880 Speaker 2: September twenty twenty one, just two hundred and seventy two 229 00:13:06,880 --> 00:13:09,800 Speaker 2: people were granted the right to seek asylum under this exception. 230 00:13:10,559 --> 00:13:13,319 Speaker 2: The use of Title forty two has been despite the 231 00:13:13,360 --> 00:13:15,800 Speaker 2: relative lack of outrage since sur Bide the administration took 232 00:13:15,880 --> 00:13:20,440 Speaker 2: office bipartisan in twenty twenty one. A few weeks before 233 00:13:20,440 --> 00:13:23,720 Speaker 2: Biden's inauguration, I spent some time talking to migrants at 234 00:13:23,720 --> 00:13:26,480 Speaker 2: the southern border for SLATE. Many of them had come 235 00:13:26,520 --> 00:13:28,920 Speaker 2: to a small tent city that popped up just feet 236 00:13:28,960 --> 00:13:31,800 Speaker 2: from the pedestrian border crossing and the country that they 237 00:13:31,800 --> 00:13:34,120 Speaker 2: had traveled thousands of miles to get to, but that 238 00:13:34,240 --> 00:13:38,520 Speaker 2: they couldn't reach. You can see America through defense there, 239 00:13:39,040 --> 00:13:42,360 Speaker 2: but you can't get there. The camp was diverse in 240 00:13:42,400 --> 00:13:46,439 Speaker 2: its composition. On one trip, I interviewed folks from Haiti, Honduras, 241 00:13:46,440 --> 00:13:49,920 Speaker 2: Ol Salvador, Watemala, and Ethiopia. Here's what one of them 242 00:13:49,960 --> 00:13:52,120 Speaker 2: said to me when he asked his message to President Biden. 243 00:13:52,679 --> 00:13:55,720 Speaker 2: You recognize the voices Daniel's. That's because I don't have 244 00:13:55,800 --> 00:13:56,960 Speaker 2: his permission to use his voice. 245 00:13:56,960 --> 00:13:57,160 Speaker 1: Here. 246 00:13:57,559 --> 00:14:01,040 Speaker 3: We are appealing to President Biden. We are people. Our 247 00:14:01,040 --> 00:14:03,120 Speaker 3: goal is to work and get ahead in the world 248 00:14:03,120 --> 00:14:05,560 Speaker 3: for our children. We don't want to go back. They 249 00:14:05,600 --> 00:14:07,439 Speaker 3: will kill us, so we are here. 250 00:14:08,160 --> 00:14:10,800 Speaker 2: Some of them wore Biden T shirts, which I suspect 251 00:14:10,840 --> 00:14:13,520 Speaker 2: r actually a plant by right wing a Jean provocateur looking 252 00:14:13,600 --> 00:14:17,440 Speaker 2: to make the new administration look weak. They needn't really 253 00:14:17,440 --> 00:14:19,760 Speaker 2: have bothered with all the effort Biden would do plenty 254 00:14:19,800 --> 00:14:21,800 Speaker 2: in the next few months to make himself look cruel 255 00:14:21,920 --> 00:14:24,560 Speaker 2: and unkind. Before we talk about that, I want to 256 00:14:24,560 --> 00:14:27,360 Speaker 2: play you a clip from Biden's first press confidence. President. 257 00:14:27,840 --> 00:14:31,320 Speaker 8: You just listed the reasons that people are coming talking 258 00:14:31,320 --> 00:14:34,000 Speaker 8: about in country problems, saying that it happens every year. 259 00:14:34,200 --> 00:14:35,000 Speaker 4: You've blamed the. 260 00:14:35,040 --> 00:14:38,040 Speaker 8: Last administration, Sir. I just got back last night from 261 00:14:38,040 --> 00:14:41,320 Speaker 8: a reporting trip to the border, where I met nine 262 00:14:41,400 --> 00:14:45,760 Speaker 8: year old Josel who walked here from Honduras by himself, 263 00:14:46,120 --> 00:14:48,600 Speaker 8: along with another little boy. He had that snow on 264 00:14:48,720 --> 00:14:52,160 Speaker 8: him and we were able to call his family. His 265 00:14:52,320 --> 00:14:55,400 Speaker 8: mother says that she sent her son to this country 266 00:14:55,440 --> 00:15:00,560 Speaker 8: because she believes that you are not deporting unaccompanied miners 267 00:15:00,640 --> 00:15:04,680 Speaker 8: like her son. That's why she's sent him alone from Honduras. So, sir, 268 00:15:04,840 --> 00:15:08,000 Speaker 8: you blame the last administration, but is your messaging and 269 00:15:08,080 --> 00:15:10,800 Speaker 8: saying that these children are and will be allowed to 270 00:15:11,000 --> 00:15:13,400 Speaker 8: stay in this country and work their way through this process, 271 00:15:13,880 --> 00:15:17,160 Speaker 8: encouraging families like Joe says to come. 272 00:15:18,240 --> 00:15:27,680 Speaker 9: Well, look the idea that I'm going to say, which 273 00:15:27,720 --> 00:15:31,080 Speaker 9: I would never do. If an unaccompanied child ends up 274 00:15:31,080 --> 00:15:32,800 Speaker 9: at the border, We're just gonna let him starve to 275 00:15:32,880 --> 00:15:38,360 Speaker 9: death and stay on the other side. No previous administrations 276 00:15:38,440 --> 00:15:41,720 Speaker 9: dead either except Trump. I'm not going to do it. 277 00:15:42,760 --> 00:15:45,960 Speaker 9: I'm not going to do it. That's why I've asked 278 00:15:46,280 --> 00:15:49,520 Speaker 9: the Vice President of the United States yesterday to be 279 00:15:49,640 --> 00:15:54,720 Speaker 9: the lead person I'm dealing with focusing on the fundamental 280 00:15:54,720 --> 00:15:59,160 Speaker 9: reasons why people leave Honduras, Guatemala, l Salvadora in the 281 00:15:59,200 --> 00:15:59,760 Speaker 9: first place. 282 00:16:00,440 --> 00:16:02,520 Speaker 2: In the coming months, some of which I covered for 283 00:16:02,600 --> 00:16:06,360 Speaker 2: an op ed and NBC about the Biden administration's cruel 284 00:16:06,360 --> 00:16:09,200 Speaker 2: treatment of Haitian migrants, things on the border didn't get 285 00:16:09,200 --> 00:16:12,920 Speaker 2: any better. Biden deported more Haitian people in a few 286 00:16:12,960 --> 00:16:16,160 Speaker 2: weeks than the Trump administration did in a year, eight 287 00:16:16,280 --> 00:16:19,400 Speaker 2: hundred and ninety five people reporting in twenty twenty versus 288 00:16:19,480 --> 00:16:22,400 Speaker 2: more than one thy two hundred people. From January twentieth 289 00:16:22,680 --> 00:16:26,960 Speaker 2: to March twenty second, twenty twenty one. While making declarations 290 00:16:27,000 --> 00:16:31,040 Speaker 2: about showing compassion to migrants, the Biden administration packed Haitians 291 00:16:31,080 --> 00:16:34,120 Speaker 2: onto crowded planes and buses and sent them back to 292 00:16:34,160 --> 00:16:37,880 Speaker 2: Haiti in the middle of a pandemic. In March, the 293 00:16:38,000 --> 00:16:42,920 Speaker 2: US sent another pointed disinvitation to Haitians. The US embasc 294 00:16:43,040 --> 00:16:46,080 Speaker 2: and Haiti tweeted a picture President Joe Biden looking off 295 00:16:46,080 --> 00:16:48,160 Speaker 2: into the distance with a caption in both English and 296 00:16:48,160 --> 00:16:54,960 Speaker 2: Haitian Creole. In Creole, it read wing kadi sabienki pavini. 297 00:16:55,680 --> 00:16:57,200 Speaker 2: The translation above it was. 298 00:16:57,720 --> 00:17:00,440 Speaker 3: I can say quite clearly, don't come over. 299 00:17:02,120 --> 00:17:06,240 Speaker 2: In July of that year, Homeland Security Secretary Alexandro Majorcas, 300 00:17:06,560 --> 00:17:09,560 Speaker 2: himself a child of parents who fled from Cuba, said 301 00:17:09,560 --> 00:17:12,800 Speaker 2: the Haitians and Cubans fleeing unrest in their countries will 302 00:17:12,800 --> 00:17:15,280 Speaker 2: not find safety in the US, even if they have 303 00:17:15,320 --> 00:17:18,280 Speaker 2: a credible claim for asylum, and especially if they flee 304 00:17:18,280 --> 00:17:21,720 Speaker 2: by sea. In doing so, he was echoing statements of 305 00:17:21,800 --> 00:17:25,680 Speaker 2: the US broadcast from planes flying over Haiti following the 306 00:17:25,720 --> 00:17:29,800 Speaker 2: devastating earthquake in twenty ten. Following these announcements, the US 307 00:17:29,880 --> 00:17:32,720 Speaker 2: diverted resources that it could have used to help people 308 00:17:32,760 --> 00:17:35,000 Speaker 2: from suffering in a country which have been destroyed by 309 00:17:35,040 --> 00:17:39,800 Speaker 2: a natural disaster to stop them coming to this country. 310 00:17:40,080 --> 00:17:44,120 Speaker 2: He was also overlooking that under both international and domestic law, 311 00:17:44,119 --> 00:17:47,120 Speaker 2: asylum seekers are entitled to make claims no matter how 312 00:17:47,160 --> 00:17:50,240 Speaker 2: they enter the country. Here's what majorcas said at his 313 00:17:50,280 --> 00:17:51,000 Speaker 2: press conference. 314 00:17:51,480 --> 00:17:54,359 Speaker 3: Allow me to be clear, if you take to the sea, 315 00:17:54,680 --> 00:17:56,919 Speaker 3: you will not come to the United States. 316 00:17:57,280 --> 00:17:59,600 Speaker 2: Part of this hard line is because of a perceived 317 00:17:59,720 --> 00:18:02,600 Speaker 2: crime at the border. You don't have to go far 318 00:18:02,680 --> 00:18:04,560 Speaker 2: on Twitter dot com before you run into people like 319 00:18:04,640 --> 00:18:07,960 Speaker 2: Fox muses Bill Malogan. Yep, the tampon in the coffee 320 00:18:07,960 --> 00:18:11,520 Speaker 2: guy is now a border reporter and he's shamelessly repeating 321 00:18:11,560 --> 00:18:15,399 Speaker 2: CBP statistics about apprehensions on the southern border. He is 322 00:18:15,680 --> 00:18:18,400 Speaker 2: talking to his buddy Tucker Carlson. Do you remember that guy. 323 00:18:18,760 --> 00:18:21,640 Speaker 10: Bill Malunchin has covered the border more closely than any 324 00:18:21,720 --> 00:18:23,600 Speaker 10: reporter in the United States for the last two years, 325 00:18:23,680 --> 00:18:27,960 Speaker 10: and today, in his estimation, the single largest caravan of 326 00:18:28,040 --> 00:18:31,320 Speaker 10: illegal aliens flowing into this country in his two years 327 00:18:31,320 --> 00:18:34,120 Speaker 10: of watching crossed. Today he broke the story. He's got 328 00:18:34,160 --> 00:18:37,280 Speaker 10: remarkable video for us. He's living at the border now, Bill, 329 00:18:37,400 --> 00:18:38,000 Speaker 10: great to see you. 330 00:18:38,000 --> 00:18:38,480 Speaker 1: What did you. 331 00:18:38,440 --> 00:18:41,000 Speaker 11: See, Tucker, Good evenings. You you mentioned it right off 332 00:18:41,000 --> 00:18:43,439 Speaker 11: the top. This was easily the biggest group we have 333 00:18:43,640 --> 00:18:46,960 Speaker 11: ever seen during our nineteen months of covering this border crisis. 334 00:18:47,119 --> 00:18:49,960 Speaker 11: And they all crossed illegally into El Paso last night, 335 00:18:50,320 --> 00:18:52,399 Speaker 11: and we got some pretty wild camera footage to show you. 336 00:18:52,400 --> 00:18:53,879 Speaker 11: Take a look at this. This was last night in 337 00:18:53,960 --> 00:18:59,040 Speaker 11: ol Paso, a massive caravan, over one thousand illegal immigrants 338 00:18:59,080 --> 00:19:01,760 Speaker 11: crossing in two l pass or last night. Local media 339 00:19:01,800 --> 00:19:04,399 Speaker 11: they're reporting it was potentially up to two thousand people 340 00:19:04,600 --> 00:19:07,679 Speaker 11: and that it was possibly the biggest mass crossing in 341 00:19:07,760 --> 00:19:09,720 Speaker 11: the city's history. Now, as you look at the video, 342 00:19:09,760 --> 00:19:12,600 Speaker 11: you'll see just wave after wave after wave of these 343 00:19:12,640 --> 00:19:15,560 Speaker 11: people walking across the river and then gathering on the 344 00:19:15,680 --> 00:19:17,560 Speaker 11: US side of the river where they kind of form 345 00:19:17,680 --> 00:19:19,040 Speaker 11: a single file line. 346 00:19:19,119 --> 00:19:22,080 Speaker 2: But it's not just Fox News doing this. You'll see 347 00:19:22,160 --> 00:19:26,200 Speaker 2: MPR and other more liberal outlets quoting these same statistics 348 00:19:26,280 --> 00:19:31,560 Speaker 2: without the necessary context. They're not lying. Apprehensions are higher, 349 00:19:32,119 --> 00:19:35,080 Speaker 2: but that is in some part because migrants are now 350 00:19:35,119 --> 00:19:38,880 Speaker 2: crossing more than once. In twenty nineteen, before Title forty 351 00:19:38,920 --> 00:19:41,800 Speaker 2: two went into effect, just seven percent of migrants apprehended 352 00:19:41,840 --> 00:19:46,000 Speaker 2: by the Border patrol had previously been apprehended. The reapprehension 353 00:19:46,080 --> 00:19:48,960 Speaker 2: rate grew to twenty seven percent in fiscal year twenty 354 00:19:49,040 --> 00:19:52,040 Speaker 2: twenty two. This is because we're expelling people to places 355 00:19:52,080 --> 00:19:54,119 Speaker 2: where they have no hope of a better future, and 356 00:19:54,240 --> 00:19:56,840 Speaker 2: not leaving them with many options other than to try 357 00:19:56,880 --> 00:20:02,280 Speaker 2: again in more remote and risky settings. Meanwhile, there's much 358 00:20:02,359 --> 00:20:05,879 Speaker 2: less concern from the right and from Democrats at the 359 00:20:05,880 --> 00:20:08,880 Speaker 2: fact that Ukrainians are exempted from Title forty two and 360 00:20:09,359 --> 00:20:13,280 Speaker 2: Russians and Ukrainians generally experience expedited processing of the sort 361 00:20:13,320 --> 00:20:15,200 Speaker 2: which one would hope this country could offer to other 362 00:20:15,240 --> 00:20:19,080 Speaker 2: people escaping conflicts around the world, including many that we started. 363 00:20:20,000 --> 00:20:23,359 Speaker 2: I asked my friend Gustavo Solis, a border investigative reporter 364 00:20:23,480 --> 00:20:26,480 Speaker 2: at KPBS in San Diego, to summarize it. By the 365 00:20:26,520 --> 00:20:29,040 Speaker 2: administration to take on Title forty two. 366 00:20:28,760 --> 00:20:31,359 Speaker 6: Now on paper, the rationalists there's a pandemic going on. 367 00:20:31,400 --> 00:20:34,120 Speaker 6: We need to stop or slow the spread of COVID nineteen. 368 00:20:34,640 --> 00:20:38,240 Speaker 6: So because of this extraordinary circumstance, we need Title forty 369 00:20:38,240 --> 00:20:43,399 Speaker 6: two to shore up the border. That was bullshit, and 370 00:20:43,440 --> 00:20:46,920 Speaker 6: we know that now through reporting that it was total bullshit. 371 00:20:46,960 --> 00:20:51,200 Speaker 6: We know that from as early as twenty eighteen, Stephen Miller, 372 00:20:51,240 --> 00:20:55,960 Speaker 6: Trump's White House Aid wanted to use Title forty two 373 00:20:55,760 --> 00:21:00,200 Speaker 6: to stop this type of migration. We know that Vice 374 00:21:00,240 --> 00:21:03,400 Speaker 6: President Mike Pence pressured the top doctors at the CDC 375 00:21:04,200 --> 00:21:06,960 Speaker 6: into doing this, basically saying, if you don't do this, 376 00:21:07,000 --> 00:21:09,760 Speaker 6: you might lose your job. Because even then in March 377 00:21:09,840 --> 00:21:12,800 Speaker 6: twenty twenty, doctors at the CDC knew that there was 378 00:21:12,880 --> 00:21:15,359 Speaker 6: no real public health rationale for this. I mean, if 379 00:21:15,400 --> 00:21:17,640 Speaker 6: you look at the order, it's supposed to stop COVID, 380 00:21:17,640 --> 00:21:21,360 Speaker 6: but there weren't any exceptions for migrants who were vaccinated 381 00:21:21,560 --> 00:21:25,680 Speaker 6: or there was no testing component to it. So that's 382 00:21:25,760 --> 00:21:28,560 Speaker 6: kind of the beginning of Title forty two. By the 383 00:21:28,600 --> 00:21:31,360 Speaker 6: time Biden came in office, Biden had promised to end 384 00:21:31,400 --> 00:21:35,480 Speaker 6: it along with Roman in Mexico and restore the humane 385 00:21:35,480 --> 00:21:39,280 Speaker 6: asylum system, but he kept Title forty two in place, 386 00:21:39,280 --> 00:21:41,720 Speaker 6: and he didn't just keep it in place, he expanded 387 00:21:41,760 --> 00:21:45,360 Speaker 6: it to include nationalities that weren't included when Trump first 388 00:21:45,400 --> 00:21:46,320 Speaker 6: rolled it out. 389 00:21:46,480 --> 00:21:48,919 Speaker 2: Even as a legal battle went back and forth. Another 390 00:21:48,960 --> 00:21:52,199 Speaker 2: major bottle neck emerged in a migration system in the 391 00:21:52,280 --> 00:21:56,399 Speaker 2: form of never Ending clusterfuck. That is the CBP one app. Again, 392 00:21:56,880 --> 00:21:58,760 Speaker 2: I'll let Gustavo explain his reporting here. 393 00:21:59,359 --> 00:22:02,359 Speaker 6: It actually kind of started with the Ukrainians. That was 394 00:22:02,840 --> 00:22:06,320 Speaker 6: kind of how they started using it for the asylum context. 395 00:22:06,400 --> 00:22:13,120 Speaker 6: But CBP one is essentially a phone app for asylum, 396 00:22:13,480 --> 00:22:16,800 Speaker 6: and on paper it kind of makes sense, right, instead of, like, 397 00:22:17,880 --> 00:22:20,680 Speaker 6: you know, Joe Biden and the Dems are really terrified 398 00:22:20,680 --> 00:22:23,160 Speaker 6: at the optics of a lot of people at the border, 399 00:22:24,400 --> 00:22:27,800 Speaker 6: and they a lot of their policy is revolved around 400 00:22:27,880 --> 00:22:30,679 Speaker 6: stopping that right. They don't want masses of people at 401 00:22:30,680 --> 00:22:34,840 Speaker 6: the border. The CBP one app aims to address that 402 00:22:34,880 --> 00:22:37,280 Speaker 6: by telling migrants, hey, instead of coming all the way 403 00:22:37,320 --> 00:22:39,800 Speaker 6: to Mexico and showing up the border, just download this 404 00:22:39,840 --> 00:22:44,160 Speaker 6: app and schedule an appointment to come here and we'll 405 00:22:44,240 --> 00:22:47,159 Speaker 6: let you to see if you're eligible for asylum or not. 406 00:22:50,040 --> 00:22:53,840 Speaker 6: Another example of a policy in Washington, DC that has 407 00:22:53,880 --> 00:22:57,520 Speaker 6: like no reality in what's going on the border because 408 00:22:58,680 --> 00:23:03,360 Speaker 6: migrants live in shelters with really bad Wi Fi access, 409 00:23:03,440 --> 00:23:08,960 Speaker 6: and they have crappy phones. So what I found in 410 00:23:09,000 --> 00:23:12,159 Speaker 6: the reporting is that CBP one rewards people with the 411 00:23:12,200 --> 00:23:16,280 Speaker 6: best phones, not necessarily people who are most vulnerable. And 412 00:23:16,320 --> 00:23:18,480 Speaker 6: the story I came out with last week was about 413 00:23:18,520 --> 00:23:21,400 Speaker 6: how data from the Mexican government shows that at least 414 00:23:21,400 --> 00:23:25,359 Speaker 6: in Tijuana, about forty four percent of every microt who 415 00:23:25,359 --> 00:23:28,240 Speaker 6: has gotten a CBP one application to enter the country 416 00:23:28,760 --> 00:23:33,000 Speaker 6: is a Russian national, and Russian nationals makeup at most 417 00:23:33,520 --> 00:23:37,000 Speaker 6: ten percent of the overall migrant population in Tijuana, So 418 00:23:37,040 --> 00:23:42,600 Speaker 6: you have this situation where a relatively affluent ten percent 419 00:23:42,600 --> 00:23:46,679 Speaker 6: of the population is getting almost half of these humanitarian 420 00:23:46,760 --> 00:23:50,280 Speaker 6: protection appointments that are designed for the world's most vulnerable people. 421 00:23:51,720 --> 00:23:53,280 Speaker 6: And that's what CP one does. 422 00:23:53,400 --> 00:23:54,119 Speaker 9: Like it. 423 00:23:54,480 --> 00:23:57,040 Speaker 6: They call it the ticketmaster of asylum, and and that's 424 00:23:57,040 --> 00:24:00,760 Speaker 6: not a compliment. That is like ticketmaster fucking fucks. Nobody 425 00:24:00,920 --> 00:24:01,280 Speaker 6: likes it. 426 00:24:01,720 --> 00:24:04,560 Speaker 2: I also spoke to Kaba, an activist who participated a 427 00:24:04,640 --> 00:24:07,240 Speaker 2: mutual aid at the border. We talked about the app 428 00:24:07,440 --> 00:24:10,480 Speaker 2: because Caba has some professional insight into the technologies used. 429 00:24:11,080 --> 00:24:15,440 Speaker 1: I do data science and machine nonimlated things for a living, 430 00:24:16,240 --> 00:24:20,960 Speaker 1: and the problem of building these systems trained entirely on 431 00:24:21,160 --> 00:24:25,400 Speaker 1: databases of white faces and then them not working for 432 00:24:26,760 --> 00:24:32,000 Speaker 1: people of other you know, ethnic backgrounds is very well 433 00:24:32,080 --> 00:24:35,480 Speaker 1: known in this field. That is a very well documented 434 00:24:35,480 --> 00:24:39,680 Speaker 1: issue for more than a decade. And anyone who could 435 00:24:39,680 --> 00:24:41,919 Speaker 1: tell you that building a facial recognition or some kind 436 00:24:41,960 --> 00:24:46,000 Speaker 1: of a camera app that does image processing and I'm 437 00:24:46,040 --> 00:24:48,520 Speaker 1: only training it on white faces, it like that. This 438 00:24:48,600 --> 00:24:51,440 Speaker 1: is a This is not something that I think any 439 00:24:51,480 --> 00:24:55,080 Speaker 1: competent software development house who would have done and not expected. 440 00:24:57,320 --> 00:25:00,600 Speaker 1: So I have a hard time believing that the whole 441 00:25:00,680 --> 00:25:03,240 Speaker 1: chain of everyone's had to go through from the developers 442 00:25:03,560 --> 00:25:08,520 Speaker 1: up to you know, anyone who does it or you 443 00:25:08,520 --> 00:25:12,720 Speaker 1: know has authority of these things at CBP or Common Security. 444 00:25:14,400 --> 00:25:16,840 Speaker 1: This is just it's it's it's like, I don't know, 445 00:25:16,920 --> 00:25:20,720 Speaker 1: it's it's it's it's it's hard to believe that. 446 00:25:21,119 --> 00:25:25,159 Speaker 2: Anyway, before we get too far from discussing things that 447 00:25:25,240 --> 00:25:37,520 Speaker 2: fucking suck, here's an advertising break. You might be wondering 448 00:25:37,520 --> 00:25:40,000 Speaker 2: why Title forty two is ending now and how we 449 00:25:40,040 --> 00:25:42,159 Speaker 2: got here given there seems to be a consensus in 450 00:25:42,240 --> 00:25:44,320 Speaker 2: DC that the border is in crisis, and that that 451 00:25:44,440 --> 00:25:46,439 Speaker 2: crisis is not that people were leaving to die on 452 00:25:46,480 --> 00:25:48,400 Speaker 2: the streets on the other side or in the deserts 453 00:25:48,440 --> 00:25:51,760 Speaker 2: of California and Arizona. But the people were allowing to 454 00:25:51,760 --> 00:25:54,919 Speaker 2: come to the richest countries ever existed, from countries that 455 00:25:54,960 --> 00:25:57,639 Speaker 2: we've destabilized for decades to have a chance of a 456 00:25:57,680 --> 00:26:01,800 Speaker 2: decent life. Well, the is complicated. Some of it's a 457 00:26:01,840 --> 00:26:04,640 Speaker 2: bit too complicated for me to really spend the time explaining. 458 00:26:04,680 --> 00:26:06,680 Speaker 2: And you don't really need to know the ins and 459 00:26:06,760 --> 00:26:10,359 Speaker 2: outs of court cases to understand that. Essentially, the Biden 460 00:26:10,440 --> 00:26:14,080 Speaker 2: administration had planned to end Title forty two in late 461 00:26:14,200 --> 00:26:17,560 Speaker 2: twenty twenty two, right after the midterms. Title forty two 462 00:26:17,600 --> 00:26:21,040 Speaker 2: actually became theoretically unenforceable in November of that year thanks 463 00:26:21,080 --> 00:26:23,600 Speaker 2: to a court ruling, but the Supreme Court in December 464 00:26:23,640 --> 00:26:26,840 Speaker 2: prevented the Biden administration amending Title forty two. While the 465 00:26:27,000 --> 00:26:29,120 Speaker 2: Justice is considered a request by a group of Republican 466 00:26:29,200 --> 00:26:32,640 Speaker 2: led states that want to continue the expulsions, which had 467 00:26:32,640 --> 00:26:36,440 Speaker 2: previously been decaarred unlawful by a lower court. Biden's Department 468 00:26:36,480 --> 00:26:39,800 Speaker 2: of Justice had previously defended Title forty two as necessary 469 00:26:39,800 --> 00:26:42,680 Speaker 2: to public health, but by the end of twenty twenty two, 470 00:26:43,119 --> 00:26:45,879 Speaker 2: they were ready to end enforcement a Title forty two politically, 471 00:26:46,119 --> 00:26:48,359 Speaker 2: even if they were nowhere near prepared on the ground. 472 00:26:49,520 --> 00:26:52,199 Speaker 2: A coalition of Republican led states, however, managed to get 473 00:26:52,240 --> 00:26:54,880 Speaker 2: a federal judge in Louisiana to prevent officials fromending Title 474 00:26:54,920 --> 00:26:57,720 Speaker 2: forty two, saying the Biden administration and had not taken 475 00:26:57,760 --> 00:27:02,320 Speaker 2: adequate steps required to terminate the public Then, on November fifteenth, 476 00:27:02,320 --> 00:27:05,040 Speaker 2: another federal judge declared Title forty two are lawful, saying 477 00:27:05,040 --> 00:27:07,920 Speaker 2: the CDC had not properly explained the policy's public health 478 00:27:08,000 --> 00:27:11,119 Speaker 2: ration art or considered its impact on asylum seekers. At 479 00:27:11,119 --> 00:27:13,960 Speaker 2: the request of the Biden administration. The judge gave border 480 00:27:13,960 --> 00:27:17,280 Speaker 2: officials five weeks until December the twenty first to end 481 00:27:17,400 --> 00:27:21,600 Speaker 2: Title forty two. Nineteen Republican led States asked several courts 482 00:27:21,640 --> 00:27:25,639 Speaker 2: to delay Title forty two's resision indefinitely, warning that chaos 483 00:27:25,680 --> 00:27:29,680 Speaker 2: would otherwise ensue. After their request was denied by lower courts, 484 00:27:29,800 --> 00:27:32,760 Speaker 2: the States asked a Supreme Court to intervene. On December 485 00:27:32,840 --> 00:27:35,480 Speaker 2: twenty seventh, the Supreme Court said it would suspend the 486 00:27:35,480 --> 00:27:37,679 Speaker 2: lower court order that found Title forty two to be 487 00:27:37,680 --> 00:27:41,520 Speaker 2: illegal until it decided whether the Republican led States should 488 00:27:41,520 --> 00:27:43,960 Speaker 2: be allowed to intervene in the case. That's some Christmas 489 00:27:43,960 --> 00:27:47,280 Speaker 2: spirit for you. Eventually, with the end of the federal 490 00:27:47,320 --> 00:27:50,480 Speaker 2: emergency over COVID nineteen, Title forty two just kind of 491 00:27:50,520 --> 00:27:54,240 Speaker 2: went away, Customs and Border Protection, the federal agency which 492 00:27:54,320 --> 00:27:57,400 Speaker 2: put up the most staunch resistance to vaccine mandates, would 493 00:27:57,440 --> 00:28:00,640 Speaker 2: begin processing migrants under Title eight of USMBA greation law 494 00:28:00,680 --> 00:28:03,760 Speaker 2: on the eleventh of May twenty twenty three. I'll let 495 00:28:03,880 --> 00:28:07,480 Speaker 2: them summarize what they see this to mean. According to 496 00:28:07,480 --> 00:28:12,399 Speaker 2: the USCIS website, individuals who unlawfully cross the Southwest border 497 00:28:12,800 --> 00:28:17,240 Speaker 2: will generally be processed under Title eight Expedited Removal Authorities 498 00:28:17,280 --> 00:28:20,399 Speaker 2: in a matter of days. They will be barred from 499 00:28:20,480 --> 00:28:22,680 Speaker 2: re entry to the United States for at least five 500 00:28:22,760 --> 00:28:26,520 Speaker 2: years if ordered removed, and they will be presumed ineligible 501 00:28:26,560 --> 00:28:30,840 Speaker 2: for asylum under the proposed Circumvention of Lawful Pathways Regulation 502 00:28:31,400 --> 00:28:35,119 Speaker 2: absent and applicable exception. What this means is, if you 503 00:28:35,200 --> 00:28:39,000 Speaker 2: cross into the United States not of the pordamentry, you 504 00:28:39,040 --> 00:28:42,520 Speaker 2: will be assumed ineligible for asylum and the process to 505 00:28:42,560 --> 00:28:45,840 Speaker 2: remove you from the United States will begin immediately. You 506 00:28:45,920 --> 00:28:48,360 Speaker 2: have a chance to file a defensive asylum claim against that, 507 00:28:48,920 --> 00:28:53,320 Speaker 2: but the process can be rushed and more difficult. Despite 508 00:28:53,440 --> 00:28:56,960 Speaker 2: this and having almost three years to repair, they were 509 00:28:56,960 --> 00:29:01,040 Speaker 2: by no means. Ready, let's hear from Gustavo again. Gustavo, 510 00:29:01,080 --> 00:29:04,680 Speaker 2: can you explain to us a little bit about what 511 00:29:04,760 --> 00:29:07,760 Speaker 2: you found that by the administration has been planning for 512 00:29:07,880 --> 00:29:09,280 Speaker 2: the end of Title forty two. 513 00:29:10,440 --> 00:29:13,280 Speaker 6: Yeah, what I found is they haven't really been doing 514 00:29:13,360 --> 00:29:17,000 Speaker 6: much planning, right, I mean they talk about I think 515 00:29:17,000 --> 00:29:21,000 Speaker 6: with Title forty two, it's a clear example of immigration 516 00:29:21,080 --> 00:29:25,760 Speaker 6: policy being decided in Washington and no one really from 517 00:29:25,760 --> 00:29:28,719 Speaker 6: the border being involved or told what's going on. So, 518 00:29:29,880 --> 00:29:35,000 Speaker 6: like I think it was last week, DHS Secretary Majorca 519 00:29:35,600 --> 00:29:37,920 Speaker 6: did this press release about what they're doing in terms 520 00:29:37,960 --> 00:29:43,040 Speaker 6: of processing centers in Guatemala and Colombia so people can 521 00:29:43,120 --> 00:29:45,040 Speaker 6: just go there instead of coming all the way to 522 00:29:45,080 --> 00:29:48,480 Speaker 6: the border, which actually there have been timelines of when 523 00:29:48,480 --> 00:29:51,480 Speaker 6: those will open. But then asked all these things for 524 00:29:51,840 --> 00:29:54,520 Speaker 6: like big picture things, right to stop people from coming 525 00:29:54,560 --> 00:29:57,640 Speaker 6: in the first place, expanding some legal pathways, like making 526 00:29:57,720 --> 00:30:01,240 Speaker 6: it easier for people with families already here to get sponsors, 527 00:30:02,600 --> 00:30:05,960 Speaker 6: fixing some of the little things for CVP one, but 528 00:30:06,080 --> 00:30:10,200 Speaker 6: they don't talk about like on the ground logistics. Right. So, 529 00:30:10,280 --> 00:30:13,360 Speaker 6: for example, I went to Tijuana to talk to the 530 00:30:13,400 --> 00:30:17,160 Speaker 6: head of the Department of Migrant Affairs there who told 531 00:30:17,200 --> 00:30:20,080 Speaker 6: me in this and I checked with him yesterday morning, 532 00:30:20,160 --> 00:30:23,600 Speaker 6: who said, still to this day, less than forty eight 533 00:30:23,600 --> 00:30:25,959 Speaker 6: hours before Title forty two ends, he doesn't know how 534 00:30:26,000 --> 00:30:29,200 Speaker 6: many migrants CBP will allow to cross through the ports 535 00:30:29,240 --> 00:30:34,360 Speaker 6: of entry in Sandy Erro. His guess is that maybe 536 00:30:34,400 --> 00:30:36,239 Speaker 6: two hundred, because that's kind of the number that they 537 00:30:36,240 --> 00:30:39,840 Speaker 6: floated around in December when they originally wanted to get 538 00:30:39,920 --> 00:30:42,800 Speaker 6: rid of Title forty two before their lawsuit. And if 539 00:30:42,800 --> 00:30:45,600 Speaker 6: it's two hundred, he basically said, Tijuana's going to be 540 00:30:45,640 --> 00:30:49,040 Speaker 6: screwed because two hundred doesn't even cover the number of 541 00:30:49,040 --> 00:30:52,600 Speaker 6: new migrants coming in and deporties being sent to Tijuana. 542 00:30:52,680 --> 00:30:55,320 Speaker 6: So it's going to like, we have this bottleneck of 543 00:30:55,360 --> 00:30:58,560 Speaker 6: migration in Tijuana and all over the border because of 544 00:30:58,600 --> 00:31:00,680 Speaker 6: Title forty two. For the last three years, no one's 545 00:31:00,680 --> 00:31:04,360 Speaker 6: been able to move. And if they just open it 546 00:31:04,440 --> 00:31:06,280 Speaker 6: up to two hundred people, that's not really going to 547 00:31:06,280 --> 00:31:08,920 Speaker 6: address any of the bottleneck, right. 548 00:31:09,040 --> 00:31:12,479 Speaker 2: There's like I think, is it sixteen thousand people are 549 00:31:12,600 --> 00:31:15,440 Speaker 2: waiting like an asylum application right now. 550 00:31:15,480 --> 00:31:19,360 Speaker 6: Yeah. I hear different numbers throwing around, like teny, fifteen, sixteen, 551 00:31:19,760 --> 00:31:21,880 Speaker 6: and nobody really knows because there's like a network of 552 00:31:21,880 --> 00:31:24,920 Speaker 6: official shelters, and there's a bunch of unofficial shelters, and 553 00:31:24,960 --> 00:31:27,920 Speaker 6: there's a bunch of Russian dudes staying in hotels in airbnbs. 554 00:31:28,160 --> 00:31:31,920 Speaker 6: But I think, yeah, tens of thousands. I think sixteen 555 00:31:31,960 --> 00:31:33,520 Speaker 6: is an accurate number. 556 00:31:34,040 --> 00:31:35,880 Speaker 2: I think it's interructive here to listen to the Fox 557 00:31:35,920 --> 00:31:38,560 Speaker 2: News coverage of this and how much Secretary of my 558 00:31:38,680 --> 00:31:40,120 Speaker 2: Orcus tries to panda to them. 559 00:31:40,680 --> 00:31:44,240 Speaker 6: Want to be very clear, our borders are not open. 560 00:31:44,360 --> 00:31:47,760 Speaker 7: Home in Security Secretary Alejandro Majorcis says when Title forty 561 00:31:47,760 --> 00:31:50,720 Speaker 7: two expires at midnight tonight, anyone who arrives at the 562 00:31:50,760 --> 00:31:55,120 Speaker 7: southern border will be presumed ineligible for asylum and face consequences. 563 00:31:55,400 --> 00:31:59,320 Speaker 7: But withholding facilities already overwhelmed, the administration is ratcheting up 564 00:31:59,360 --> 00:32:02,880 Speaker 7: tough rhetoric while also clearing the way for mass releases 565 00:32:02,920 --> 00:32:06,440 Speaker 7: into US communities with no way for authorities to track people. 566 00:32:06,640 --> 00:32:08,960 Speaker 7: You said at the beginning that you've prepared for this 567 00:32:09,120 --> 00:32:12,400 Speaker 7: moment for almost two years. So why is part of 568 00:32:12,400 --> 00:32:14,600 Speaker 7: that plan and honor system. 569 00:32:14,960 --> 00:32:16,840 Speaker 10: Oh, it is not an honor system. 570 00:32:16,920 --> 00:32:19,840 Speaker 6: They are a subject of our apprehension efforts. 571 00:32:19,880 --> 00:32:22,840 Speaker 7: But under parole release authorized by the US Border Patrol 572 00:32:22,920 --> 00:32:26,560 Speaker 7: Chief last night, migrants do not receive an alien registration 573 00:32:26,680 --> 00:32:29,080 Speaker 7: number for authorities to track them. They don't even get 574 00:32:29,080 --> 00:32:31,960 Speaker 7: a court date. Instead, migrants are asked to turn themselves 575 00:32:32,000 --> 00:32:36,240 Speaker 7: into Ice within sixty days to start immigration proceedings on themselves. 576 00:32:36,320 --> 00:32:38,880 Speaker 10: The American people are watching this. They know what they see. 577 00:32:39,000 --> 00:32:40,440 Speaker 10: They see a wide open border. 578 00:32:40,480 --> 00:32:43,959 Speaker 7: Florida's Attorney General is suing the administration, arguing the parole 579 00:32:44,000 --> 00:32:46,920 Speaker 7: plan is identical to a policy a federal judge struck 580 00:32:47,000 --> 00:32:48,240 Speaker 7: down earlier this year. 581 00:32:48,400 --> 00:32:50,600 Speaker 10: You have confidence in the lawfulness of our actions. 582 00:32:50,720 --> 00:32:53,480 Speaker 7: Plans to release migrants at bus stops, gas stations, and 583 00:32:53,560 --> 00:32:56,880 Speaker 7: supermarkets was first detailed last year, according to a memo 584 00:32:57,000 --> 00:33:00,480 Speaker 7: uncovered by the Florida Legal Proceedings Today text as Governor 585 00:33:00,480 --> 00:33:02,920 Speaker 7: Greg Abbott sent a busload of migrants to the Vice 586 00:33:03,040 --> 00:33:04,160 Speaker 7: President's residents. 587 00:33:04,640 --> 00:33:08,080 Speaker 2: Greg Abbott's disgusting antics aside, there was a real attempt 588 00:33:08,120 --> 00:33:10,640 Speaker 2: by the Biden administration to come to the Republican side 589 00:33:10,680 --> 00:33:13,840 Speaker 2: on migration that we can see clearly here. In the 590 00:33:13,920 --> 00:33:17,719 Speaker 2: hours before we expected Title forty two to die, folks 591 00:33:17,800 --> 00:33:21,800 Speaker 2: like me who cover the border made plans the day before. 592 00:33:22,200 --> 00:33:25,200 Speaker 2: On the tenth, Majorcas announced the Title forty two would 593 00:33:25,200 --> 00:33:28,760 Speaker 2: be enforced up until eleven fifty nine pm Eastern time, 594 00:33:29,720 --> 00:33:33,160 Speaker 2: and in San Diego, border patrol officers closed down the 595 00:33:33,200 --> 00:33:36,600 Speaker 2: port of entry at Sanisedra, the border town just south 596 00:33:36,640 --> 00:33:39,640 Speaker 2: of San Diego, for a training exercise in which they 597 00:33:39,680 --> 00:33:41,760 Speaker 2: lined up in front of the cars waiting to cross 598 00:33:41,760 --> 00:33:48,080 Speaker 2: the border with plexiglass shields and riotgear. Meanwhile, in between 599 00:33:48,120 --> 00:33:51,280 Speaker 2: the two thirty foot board offenses that divide San Asedra 600 00:33:51,320 --> 00:33:58,880 Speaker 2: from Tijuana, Border Patrol began corraling migrants Afghans, Colombians, Vietnamese, Koreans, 601 00:33:58,880 --> 00:34:03,160 Speaker 2: and Goland Sudani. These Tagics and Congolese people all shared 602 00:34:03,160 --> 00:34:05,560 Speaker 2: little more than a few tarps in cardboard boxes for 603 00:34:05,600 --> 00:34:09,719 Speaker 2: shelter as they waited for something to happen. Despite having 604 00:34:09,760 --> 00:34:12,759 Speaker 2: months to repair in years to plan, it appears that 605 00:34:12,840 --> 00:34:15,680 Speaker 2: Department of Homeland Security totally failed to create so much 606 00:34:15,719 --> 00:34:19,080 Speaker 2: as a scrap of shade or shelter, and instead chose 607 00:34:19,120 --> 00:34:22,480 Speaker 2: to house people detain pending processing. In the open air. 608 00:34:23,200 --> 00:34:30,200 Speaker 2: In tomorrow's episode, we'll hear from some of them. It 609 00:34:30,200 --> 00:34:32,600 Speaker 2: Could Happen Here as a production of cool Zone Media. 610 00:34:32,719 --> 00:34:35,400 Speaker 7: For more podcasts from cool Zone Media, visit our website 611 00:34:35,400 --> 00:34:37,640 Speaker 7: cool zonemedia dot com, or check us out on the 612 00:34:37,680 --> 00:34:41,239 Speaker 7: iHeartRadio app, Apple Podcasts, or wherever you listen to podcasts. 613 00:34:41,680 --> 00:34:43,760 Speaker 7: You can find sources for It Could Happen Here, updated 614 00:34:43,880 --> 00:34:47,920 Speaker 7: monthly at cool zonemedia dot com slash sources. Thanks for listening.