1 00:00:00,160 --> 00:00:03,480 Speaker 1: The president's executive order is titled protecting the Nation from 2 00:00:03,520 --> 00:00:06,840 Speaker 1: Foreign Terrorist Entry into the United States. But as we've 3 00:00:06,840 --> 00:00:09,680 Speaker 1: been discussing on the show today, it's provisions have wide 4 00:00:09,760 --> 00:00:13,399 Speaker 1: ranging effects on refugees, on potential immigrants from a number 5 00:00:13,400 --> 00:00:15,280 Speaker 1: of countries, seven of them to be exact, and there's 6 00:00:15,280 --> 00:00:18,880 Speaker 1: been confusing and actually refugees from more than that. There's 7 00:00:18,920 --> 00:00:23,200 Speaker 1: been confusion over whom its restrictions actually apply to. For instance, 8 00:00:23,200 --> 00:00:25,680 Speaker 1: the government first said that it applied to Green card holders, 9 00:00:25,680 --> 00:00:28,440 Speaker 1: then the Secretary of Homeland Security put out a statement 10 00:00:28,480 --> 00:00:31,640 Speaker 1: saying that it does not apply to holders of Green cards. 11 00:00:31,680 --> 00:00:34,200 Speaker 1: So what are immigration lawyers going to be telling their 12 00:00:34,240 --> 00:00:37,800 Speaker 1: clients about how to deal with this executive order? Here 13 00:00:37,840 --> 00:00:40,200 Speaker 1: to talk to us are two experts in immigration law, 14 00:00:40,479 --> 00:00:43,199 Speaker 1: David Leopold, the founder of Leopold and Associates and the 15 00:00:43,240 --> 00:00:47,120 Speaker 1: former president of the American Immigration Lawyers Association, and Harlan York, 16 00:00:47,520 --> 00:00:52,199 Speaker 1: founder of Harlan York and Associates. David one of the 17 00:00:52,280 --> 00:00:54,440 Speaker 1: cases that one of the lawsuits that came up this 18 00:00:54,480 --> 00:00:57,520 Speaker 1: weekend that that ended up in ruling against portions of 19 00:00:57,520 --> 00:01:01,520 Speaker 1: the executive order involved two people to professors with who 20 00:01:01,520 --> 00:01:06,040 Speaker 1: are lawful permanent residents of the country who are coming back. UM, 21 00:01:06,120 --> 00:01:08,759 Speaker 1: what are you you are going to I imagine now 22 00:01:08,760 --> 00:01:11,640 Speaker 1: and other immigration lawyers will be getting questions from people 23 00:01:11,640 --> 00:01:14,800 Speaker 1: who are here legally, whether on visas or or with 24 00:01:15,200 --> 00:01:17,679 Speaker 1: green card status, about whether or not they can leave 25 00:01:17,720 --> 00:01:20,200 Speaker 1: the country. How this affects them. How are you going 26 00:01:20,240 --> 00:01:23,199 Speaker 1: to be advising them. I'll tell you what right now. 27 00:01:23,240 --> 00:01:26,640 Speaker 1: I took a look at the the statement that was 28 00:01:26,720 --> 00:01:31,760 Speaker 1: issued by UM by the Sector of Homeland Security yesterday, 29 00:01:31,880 --> 00:01:35,560 Speaker 1: and it's past in very careful legal east and it 30 00:01:35,640 --> 00:01:40,320 Speaker 1: does not exempt lawful permanent residents from the executive order. 31 00:01:40,360 --> 00:01:42,480 Speaker 1: What it says is that they will be questioned to 32 00:01:42,480 --> 00:01:46,360 Speaker 1: see whether they will be their detriments. And under immigration law, 33 00:01:46,600 --> 00:01:49,680 Speaker 1: when a lawful permanent resident travels on a short trip 34 00:01:49,800 --> 00:01:53,600 Speaker 1: or business trip or you know, family trip and comes back, 35 00:01:53,880 --> 00:01:57,800 Speaker 1: they're not subject to to UM what we call admission 36 00:01:57,920 --> 00:02:00,280 Speaker 1: to the United States. So there's usually no reason into 37 00:02:00,600 --> 00:02:04,560 Speaker 1: to get into deep questioning. Remember, these are people who 38 00:02:04,560 --> 00:02:07,440 Speaker 1: are vetted. They've been vetted. Most of them have lived 39 00:02:07,440 --> 00:02:10,560 Speaker 1: here for many years. The biometrics have been taken. These 40 00:02:10,560 --> 00:02:14,280 Speaker 1: are people that we know are not are not security risks. 41 00:02:14,280 --> 00:02:18,160 Speaker 1: Otherwise they wouldn't be permanent residents. So look, based on 42 00:02:18,240 --> 00:02:21,000 Speaker 1: what the what's going on over the weekend and and 43 00:02:21,160 --> 00:02:24,040 Speaker 1: what I saw issues from the Department of Homeland Security, 44 00:02:24,720 --> 00:02:27,520 Speaker 1: at this point, I am not environment advising my permanent 45 00:02:27,560 --> 00:02:34,680 Speaker 1: resident clients who are citizens of the seven named countries Iran, Iraq, Syria, Sudan, Yemen, 46 00:02:35,120 --> 00:02:39,960 Speaker 1: Lydia not to travel until further notice, because I want 47 00:02:39,960 --> 00:02:43,160 Speaker 1: to see some clarity here. Harlan, I imagine you got 48 00:02:43,200 --> 00:02:46,480 Speaker 1: a lot of calls today. What was the major question 49 00:02:46,800 --> 00:02:50,320 Speaker 1: that was being asked by your clients? Thanks for having 50 00:02:50,320 --> 00:02:52,880 Speaker 1: me on, And I first want to wholeheartedly agree with David. 51 00:02:53,000 --> 00:02:56,520 Speaker 1: I am also recommending that the people who are calling 52 00:02:56,639 --> 00:03:00,280 Speaker 1: us clients potential clients from the seven named countries do 53 00:03:00,400 --> 00:03:03,800 Speaker 1: not travel despite perhaps holding a green card for many years, 54 00:03:04,000 --> 00:03:07,080 Speaker 1: because we're dealing with a fluid issue. Beyond that, the 55 00:03:07,120 --> 00:03:10,760 Speaker 1: advice we're giving people is an extension of this concept. 56 00:03:11,040 --> 00:03:14,240 Speaker 1: We're in a very historical moment. On the weekend, we 57 00:03:14,360 --> 00:03:17,720 Speaker 1: had not one, not too but four federal injunctions issued 58 00:03:17,720 --> 00:03:23,680 Speaker 1: that temporarily stay expedited deportation orders at the airports. And 59 00:03:23,720 --> 00:03:26,880 Speaker 1: while some of what this new administration is trying to 60 00:03:26,919 --> 00:03:30,560 Speaker 1: implement in this executive order is founded under an act 61 00:03:31,360 --> 00:03:34,640 Speaker 1: signed by then President Clinton twenty years ago, more than 62 00:03:34,639 --> 00:03:39,000 Speaker 1: twenty years ago. In fact, it's really um a very 63 00:03:39,040 --> 00:03:42,240 Speaker 1: sort of for lack of better metaphor, kind of like 64 00:03:42,360 --> 00:03:45,200 Speaker 1: expedited removal on steroids. We've always had, or at least 65 00:03:45,240 --> 00:03:48,120 Speaker 1: for more than twenty years, we've had expedited removal in 66 00:03:48,160 --> 00:03:51,080 Speaker 1: the law. But what they're seeking to perhaps do is 67 00:03:51,200 --> 00:03:55,120 Speaker 1: really expand, if you will, the authority of the port 68 00:03:55,520 --> 00:03:59,880 Speaker 1: officers at Customs and Border Protection to perhaps expedite removal. 69 00:04:00,120 --> 00:04:02,400 Speaker 1: So the best advice we can give, certainly is telling 70 00:04:02,440 --> 00:04:07,200 Speaker 1: anyone from these seven nations don't travel at this point. Well, 71 00:04:07,360 --> 00:04:10,440 Speaker 1: that's that's good advice, I guess for people who are 72 00:04:10,560 --> 00:04:13,040 Speaker 1: in the country right now. But you know that the 73 00:04:13,080 --> 00:04:15,720 Speaker 1: Boston case involved some professors who are out of the country, 74 00:04:15,720 --> 00:04:18,719 Speaker 1: and I imagine there are other people who are either 75 00:04:18,839 --> 00:04:22,920 Speaker 1: lawful permanent residents with green cards or who have an 76 00:04:22,960 --> 00:04:25,440 Speaker 1: otherwise valid visa to be in the United States who 77 00:04:25,480 --> 00:04:28,520 Speaker 1: may have gone to out of the country for whatever reason, 78 00:04:28,560 --> 00:04:31,279 Speaker 1: and we're trying to come back now, and their families 79 00:04:31,279 --> 00:04:32,479 Speaker 1: could come to you and say, what do we do 80 00:04:32,520 --> 00:04:37,480 Speaker 1: about this, How will you be dealing with that situation? Um, 81 00:04:37,640 --> 00:04:39,720 Speaker 1: people who are I'm sorry, David, you want to take 82 00:04:39,760 --> 00:04:45,200 Speaker 1: that what I wasn't clear who was being David? Go ahead, UM, 83 00:04:45,360 --> 00:04:49,040 Speaker 1: how look, I am advising people number one that uh, 84 00:04:49,400 --> 00:04:51,599 Speaker 1: the President of the United States, when he was running 85 00:04:51,640 --> 00:04:55,280 Speaker 1: for office, promised that he was banned Muslims from this country. 86 00:04:55,720 --> 00:04:58,039 Speaker 1: This is the beginning of his Muslim band We've had, 87 00:04:58,120 --> 00:05:02,320 Speaker 1: we had seven countries that have been listed. And the 88 00:05:02,360 --> 00:05:06,360 Speaker 1: court order, the valiant attempt by these valiant successful attempt 89 00:05:06,360 --> 00:05:08,279 Speaker 1: by these lawyers from the a c l U and 90 00:05:08,360 --> 00:05:11,359 Speaker 1: from the National Immigration Law Center over the weekend in 91 00:05:11,400 --> 00:05:15,120 Speaker 1: New York and in Boston and elsewhere in the country. Um, 92 00:05:15,279 --> 00:05:18,279 Speaker 1: is the start. And what what those are? What those orders, 93 00:05:18,279 --> 00:05:21,000 Speaker 1: What the New York order manages to do is make 94 00:05:21,040 --> 00:05:26,000 Speaker 1: sure that those folks, legal immigrants, people on lawful visas, 95 00:05:26,080 --> 00:05:30,240 Speaker 1: who were traveling to the United States Friday night and 96 00:05:30,279 --> 00:05:33,000 Speaker 1: when they when they got on the airplane, you know, 97 00:05:33,040 --> 00:05:35,599 Speaker 1: they expected to get off, go home, go back to 98 00:05:35,640 --> 00:05:38,239 Speaker 1: their jobs, go back to their families with no problem. 99 00:05:38,480 --> 00:05:40,360 Speaker 1: But Donald Trump signed the order while they were on 100 00:05:40,400 --> 00:05:42,080 Speaker 1: the airplane. When they get off the airplane, they were 101 00:05:42,120 --> 00:05:46,320 Speaker 1: detained and many were deported. UM. So what I'm advising 102 00:05:46,680 --> 00:05:50,359 Speaker 1: my clients with families is that, first of all, the 103 00:05:50,360 --> 00:05:54,719 Speaker 1: executive order does not apply to I'm sorry, the court 104 00:05:54,839 --> 00:05:57,480 Speaker 1: order of the injunction out of New York applies only 105 00:05:57,480 --> 00:06:00,680 Speaker 1: to the people who came in. Uh. There's no clarity 106 00:06:00,720 --> 00:06:02,640 Speaker 1: in terms of what will happen to the people who 107 00:06:02,640 --> 00:06:05,680 Speaker 1: are overseas. Uh. And again we go back to what 108 00:06:05,760 --> 00:06:08,960 Speaker 1: the Department of Homeland Security has said, uh, you know, 109 00:06:09,240 --> 00:06:11,000 Speaker 1: trying to make the claim that it doesn't apply to 110 00:06:11,080 --> 00:06:15,080 Speaker 1: lawful permanent resident if you read that order, UM, I 111 00:06:15,120 --> 00:06:18,120 Speaker 1: would not be confident in advising a lawful permanent resident 112 00:06:18,160 --> 00:06:21,440 Speaker 1: who's overseas that if they got on the plane, they're 113 00:06:21,440 --> 00:06:24,200 Speaker 1: going to get into the country. That remains to be seen. 114 00:06:24,200 --> 00:06:27,680 Speaker 1: And what I'm advising families to do, frankly, just take action. 115 00:06:28,400 --> 00:06:32,279 Speaker 1: Call their members of Congress. UH, call um and make 116 00:06:32,320 --> 00:06:36,000 Speaker 1: their voices heard. Use use very social media. Uh. You know, 117 00:06:36,080 --> 00:06:39,679 Speaker 1: we've seen a groundswell of support all over the country. 118 00:06:39,680 --> 00:06:42,360 Speaker 1: At the airports, we've seen some you know, we've seen 119 00:06:42,400 --> 00:06:45,640 Speaker 1: people from all walks of life's We've seen rabbis stand 120 00:06:45,680 --> 00:06:48,200 Speaker 1: up for them, for for the against the Muslim band 121 00:06:48,320 --> 00:06:52,080 Speaker 1: We've seen, you know, people from from all walks of life, 122 00:06:52,120 --> 00:06:56,039 Speaker 1: from all these from all religions, stand in defiance of 123 00:06:56,200 --> 00:07:02,799 Speaker 1: this illegal executive order banning Muslim Allen, the Washington Attorney General, 124 00:07:02,839 --> 00:07:06,320 Speaker 1: has just filed a lawsuit against Trump on this, and 125 00:07:06,320 --> 00:07:09,360 Speaker 1: we expect others. But how long could it take for 126 00:07:09,400 --> 00:07:12,760 Speaker 1: the legal process to work itself out? And are you 127 00:07:12,840 --> 00:07:19,400 Speaker 1: willing to keep your clients in place until it does? Yeah? 128 00:07:19,440 --> 00:07:21,760 Speaker 1: I mean, first of all, I applaud the A C. 129 00:07:21,880 --> 00:07:24,240 Speaker 1: L U Immigrants Rights Project, which argued in New York 130 00:07:24,240 --> 00:07:26,880 Speaker 1: case Saturday. It's the same entity which wrote a brief 131 00:07:26,880 --> 00:07:30,200 Speaker 1: that I personally drove from Manhattan to Philadelphia twenty years 132 00:07:30,240 --> 00:07:33,520 Speaker 1: ago for midnight deadline in federal court one till Bill Clinton, 133 00:07:34,120 --> 00:07:37,680 Speaker 1: then Attorney General Janet Reno. We're charged with violating immigrants 134 00:07:37,720 --> 00:07:40,480 Speaker 1: rights to a large extent. What we're seeing here is, 135 00:07:40,560 --> 00:07:42,880 Speaker 1: in some ways just the continuation of a series of 136 00:07:42,960 --> 00:07:46,800 Speaker 1: chapters in recent American history which every single presidential administration 137 00:07:47,120 --> 00:07:51,280 Speaker 1: has had challenges and it's going to continue. My educated guests, 138 00:07:51,280 --> 00:07:54,600 Speaker 1: after more than twenty years practicing immigration law, is that 139 00:07:54,760 --> 00:07:58,800 Speaker 1: you know we're in for a long haul. And I've 140 00:07:58,800 --> 00:08:01,200 Speaker 1: been saying this as as I'm certain David I want 141 00:08:01,200 --> 00:08:02,560 Speaker 1: to put words in his mouth, but he's a former 142 00:08:02,600 --> 00:08:05,320 Speaker 1: ele president. He knows the wars, he knows the battles 143 00:08:05,360 --> 00:08:09,160 Speaker 1: we fought in the aftermath of various legislations and or 144 00:08:09,200 --> 00:08:12,040 Speaker 1: executive orders or court decisions that have to be challenged. 145 00:08:12,280 --> 00:08:14,760 Speaker 1: And the short answer is, this is still the greatest 146 00:08:14,760 --> 00:08:17,520 Speaker 1: country in the world because it allows us these freedoms. 147 00:08:17,560 --> 00:08:21,640 Speaker 1: And right now, in the aftermath of this executive order, 148 00:08:21,640 --> 00:08:25,600 Speaker 1: which was hastily done, to quote the Senator from New York, um, 149 00:08:25,640 --> 00:08:27,880 Speaker 1: there's a lot of confusion at the ports. Some people 150 00:08:27,880 --> 00:08:30,840 Speaker 1: are talking about the fact that members of the Customs 151 00:08:30,840 --> 00:08:33,760 Speaker 1: and Border Protection Agency are refusing to comply. I'm not 152 00:08:33,840 --> 00:08:36,520 Speaker 1: certain they're really sure what they're supposed to do, because 153 00:08:36,520 --> 00:08:39,640 Speaker 1: there's so many different things happening right now as we're speaking. 154 00:08:39,840 --> 00:08:42,960 Speaker 1: Courts are making orders, the presidential administration is saying things, 155 00:08:43,240 --> 00:08:47,600 Speaker 1: DHS Security rather the secretary for the Homeland Security Department, 156 00:08:47,640 --> 00:08:50,040 Speaker 1: is saying things. The Chief of Staff appeared to meet 157 00:08:50,080 --> 00:08:52,640 Speaker 1: the press and said Sunday morning that they won't go 158 00:08:52,720 --> 00:08:55,440 Speaker 1: after Green card holders at the airports, But nobody knows 159 00:08:55,480 --> 00:08:58,040 Speaker 1: for sure, and anything can change on a moment's notice 160 00:08:58,040 --> 00:09:01,160 Speaker 1: and I think our thanks to Harlan York, founder of 161 00:09:01,160 --> 00:09:04,160 Speaker 1: Harland York and Associates, and David Leopold of David Leopold 162 00:09:04,200 --> 00:09:07,559 Speaker 1: and Associates for talking to us about the President's executive 163 00:09:07,679 --> 00:09:09,600 Speaker 1: order on immigration and refugees