1 00:00:02,320 --> 00:00:05,520 Speaker 1: Is he a Marilyn Manned or a member of MS thirteen. 2 00:00:05,960 --> 00:00:09,280 Speaker 1: Today we will dive into the complex and often contentious 3 00:00:09,760 --> 00:00:14,400 Speaker 1: world of immigration policy and legal battles facing the Trump administration. 4 00:00:14,800 --> 00:00:17,760 Speaker 1: In this episode, we sit down with wil Chamberlain, Senior 5 00:00:17,800 --> 00:00:20,920 Speaker 1: Counsel with the Article three Project to impact the case 6 00:00:21,000 --> 00:00:25,759 Speaker 1: of Kilmar Abrego Garcia for allegations of MS thirteen ties 7 00:00:25,800 --> 00:00:28,080 Speaker 1: to a web of legal maneuvers that kept him the 8 00:00:28,160 --> 00:00:28,920 Speaker 1: United States. 9 00:00:29,480 --> 00:00:30,640 Speaker 2: We'll explore how this. 10 00:00:30,600 --> 00:00:33,479 Speaker 1: Case exposes deep flaws in our immigration system. 11 00:00:33,960 --> 00:00:35,519 Speaker 2: Join us as we discuss. 12 00:00:35,240 --> 00:00:38,760 Speaker 1: The lies, the lawyers, and the broader implications for justice 13 00:00:38,760 --> 00:00:47,319 Speaker 1: and national security. Stay tuned for wil Chamberlain. Well, it's 14 00:00:47,320 --> 00:00:49,120 Speaker 1: great to have you on the show. I wanted to 15 00:00:49,120 --> 00:00:51,559 Speaker 1: have someone on to talk about this case, and then 16 00:00:51,560 --> 00:00:54,800 Speaker 1: I saw your post and reached out. So I appreciate 17 00:00:55,320 --> 00:00:58,200 Speaker 1: you making the time and look forward to trying to 18 00:00:58,240 --> 00:01:00,680 Speaker 1: make this case a little less complicated for people. 19 00:01:02,120 --> 00:01:03,480 Speaker 3: Yeah, it's good to be here with you, Lisa. 20 00:01:04,319 --> 00:01:04,640 Speaker 2: All right. 21 00:01:04,680 --> 00:01:07,280 Speaker 1: So the media is obviously in the left trying to 22 00:01:07,319 --> 00:01:11,920 Speaker 1: make this a situation where Abrigo Garcia. 23 00:01:11,480 --> 00:01:14,039 Speaker 2: He's just a Maryland man. You know, he's a father. 24 00:01:14,400 --> 00:01:17,479 Speaker 1: He's done nothing wrong, really trying to turn him into 25 00:01:17,480 --> 00:01:20,600 Speaker 1: a sympathetic figure. So you posted on x the story 26 00:01:20,640 --> 00:01:23,640 Speaker 1: of kill maar Abrigo Garcia is not about the wrongful 27 00:01:23,720 --> 00:01:26,440 Speaker 1: deportation of a Maryland father. It's about the abuse of 28 00:01:26,480 --> 00:01:30,160 Speaker 1: our immigration system by illegal migrants, the lawyers who helped 29 00:01:30,200 --> 00:01:32,840 Speaker 1: them lie, and the nonprofits who agitate to keep them 30 00:01:32,840 --> 00:01:33,520 Speaker 1: in the country. 31 00:01:34,520 --> 00:01:37,240 Speaker 2: I guess walk us through. How did Garcia abuse or 32 00:01:37,280 --> 00:01:38,440 Speaker 2: immigration system? 33 00:01:39,040 --> 00:01:41,240 Speaker 3: Well, well, by his own admission, he crossed into the 34 00:01:41,240 --> 00:01:44,759 Speaker 3: country in twenty twelve, and he did so without any 35 00:01:44,880 --> 00:01:49,200 Speaker 3: legal status. He never applied for asylum. He never you know, 36 00:01:49,320 --> 00:01:51,120 Speaker 3: showed up at a port of entry. He just crossed 37 00:01:51,120 --> 00:01:54,160 Speaker 3: the border and he lived in this country illegally for 38 00:01:54,200 --> 00:01:58,400 Speaker 3: seven years without having any interaction with immigration authorities until 39 00:01:58,440 --> 00:02:02,720 Speaker 3: in twenty nineteen he was detained aimed by ice And 40 00:02:02,800 --> 00:02:05,200 Speaker 3: when he was detained, he was about to be removed, 41 00:02:05,400 --> 00:02:09,960 Speaker 3: and then he decided to say, well, actually I fear 42 00:02:10,040 --> 00:02:13,520 Speaker 3: persecution in my home country, so I'm going to apply 43 00:02:13,520 --> 00:02:16,520 Speaker 3: for asylum, but also something called withholding of removal, which 44 00:02:16,560 --> 00:02:18,680 Speaker 3: means you would not be able to remove him to 45 00:02:18,800 --> 00:02:21,560 Speaker 3: his native country. At El Salvador, he was granted that 46 00:02:21,600 --> 00:02:23,799 Speaker 3: withholding and then managed to stay in the country six 47 00:02:23,840 --> 00:02:26,000 Speaker 3: more years despite the fact that he was still removable 48 00:02:26,040 --> 00:02:29,120 Speaker 3: to any country in the world other than El Salvador. 49 00:02:29,840 --> 00:02:33,600 Speaker 3: And now in twenty twenty five, he's finally being removed, 50 00:02:33,600 --> 00:02:35,880 Speaker 3: and everybody's portraying it as both at you know, this 51 00:02:36,040 --> 00:02:39,040 Speaker 3: massive injustice, in this massive lack of due process. Now, 52 00:02:39,040 --> 00:02:40,320 Speaker 3: I mean to be clear, I think there was a 53 00:02:40,360 --> 00:02:43,720 Speaker 3: procedural flaw here, as the administration admitted, given that this 54 00:02:44,440 --> 00:02:47,960 Speaker 3: withholding of removal was still in legal effect, he should 55 00:02:47,960 --> 00:02:50,359 Speaker 3: have been he should not have been removed to l 56 00:02:50,360 --> 00:02:54,120 Speaker 3: Salvador until that was fixed. But I see the story 57 00:02:54,160 --> 00:02:57,320 Speaker 3: as more one of how illegal migrants and their lawyers 58 00:02:57,360 --> 00:03:00,440 Speaker 3: help exploit the system, because you know, you go back 59 00:03:00,480 --> 00:03:04,000 Speaker 3: to twenty nineteen, you had the first immigration judge, you know, 60 00:03:04,040 --> 00:03:08,440 Speaker 3: he's somebody he asked for bond to be released pending 61 00:03:08,639 --> 00:03:13,320 Speaker 3: you know, disposition of this removal petition, and the judge said, no, 62 00:03:13,360 --> 00:03:15,760 Speaker 3: there's evidence you're a remember of MS thirteen, you can't 63 00:03:15,760 --> 00:03:18,000 Speaker 3: prove you're not a danger to the community. No, you're 64 00:03:18,000 --> 00:03:20,000 Speaker 3: you're going to stay in jail. And so yet somebody 65 00:03:20,000 --> 00:03:22,360 Speaker 3: who had already been in the country for eight seven 66 00:03:22,400 --> 00:03:25,600 Speaker 3: years illegally was you know, found to out at least 67 00:03:25,639 --> 00:03:28,239 Speaker 3: there's some evidence that he's an MS thirteen gang member, 68 00:03:28,840 --> 00:03:30,520 Speaker 3: was somehow able to stay in the country. And the 69 00:03:30,560 --> 00:03:33,799 Speaker 3: reason he was is because, you know, a few months 70 00:03:33,880 --> 00:03:37,000 Speaker 3: later he had this very well developed sob story that 71 00:03:37,120 --> 00:03:39,160 Speaker 3: said that if he were sent back to Al Salvador, 72 00:03:39,600 --> 00:03:43,680 Speaker 3: the eighteenth Street gang would kill him because eight years 73 00:03:43,680 --> 00:03:47,960 Speaker 3: previously they had threatened his mother's papoosa business. They tried 74 00:03:48,000 --> 00:03:51,080 Speaker 3: to extort it, and you know, the papoosa business had 75 00:03:51,080 --> 00:03:55,080 Speaker 3: closed in the in the interim. But so what he said, 76 00:03:55,120 --> 00:03:57,000 Speaker 3: I'm still They're still going to try and kill me. 77 00:03:57,120 --> 00:04:00,440 Speaker 3: And I mean, this was just frivolous. So it was 78 00:04:00,440 --> 00:04:02,400 Speaker 3: obvious what the actual reason he was saying all this 79 00:04:02,400 --> 00:04:04,720 Speaker 3: stuff was. He was about to be removed, he was 80 00:04:04,720 --> 00:04:07,520 Speaker 3: about to be a father to the child of you 81 00:04:07,600 --> 00:04:09,880 Speaker 3: as citizen. He wanted to stay with his family. I 82 00:04:09,920 --> 00:04:13,320 Speaker 3: get it, But the law says he needs to go home, 83 00:04:14,800 --> 00:04:17,800 Speaker 3: and except if he comes up with you know, except 84 00:04:17,800 --> 00:04:20,440 Speaker 3: if he actually has this credible fear of being persecuted. 85 00:04:21,240 --> 00:04:23,600 Speaker 3: And so he came up with a credible fear of 86 00:04:23,640 --> 00:04:26,559 Speaker 3: fearing being persecuted. And my suspicion is that his lawyers 87 00:04:26,600 --> 00:04:28,000 Speaker 3: told him this is the only way you can stay 88 00:04:28,040 --> 00:04:30,040 Speaker 3: in the country, and then left the room and allowed 89 00:04:30,080 --> 00:04:33,359 Speaker 3: him and his family to concoct this story. And yet, 90 00:04:33,839 --> 00:04:36,440 Speaker 3: so to me, this is an example of how immigration 91 00:04:36,560 --> 00:04:39,440 Speaker 3: lawyers and their clients make a mockery of our system. 92 00:04:39,640 --> 00:04:41,640 Speaker 3: You know, it works if people are being honest, But 93 00:04:42,480 --> 00:04:44,720 Speaker 3: I don't believe this person was being honest at all. 94 00:04:44,760 --> 00:04:47,919 Speaker 3: I think they came up with just a ridiculous story 95 00:04:48,400 --> 00:04:51,839 Speaker 3: at the time to stay in the country. But even 96 00:04:51,880 --> 00:04:54,360 Speaker 3: if his story is true, in twenty twenty five, it's 97 00:04:54,360 --> 00:04:56,760 Speaker 3: irrelevant because now you Bukeley has crushed the gangs and 98 00:04:56,760 --> 00:05:00,719 Speaker 3: now Salvador. So even if there was this fear of persecution, 99 00:05:00,800 --> 00:05:02,640 Speaker 3: that fear should have been gone. He should have gone home. 100 00:05:02,680 --> 00:05:04,520 Speaker 3: But no, of course not. He was trying to stay 101 00:05:04,520 --> 00:05:08,520 Speaker 3: in the country. And you know, that's exactly what American 102 00:05:08,560 --> 00:05:11,120 Speaker 3: citizens elected Donald Trump's stop. We wanted legal immigrants to 103 00:05:11,160 --> 00:05:11,679 Speaker 3: go home. 104 00:05:12,240 --> 00:05:15,880 Speaker 1: You know. And we know that this credible fear narrative 105 00:05:16,120 --> 00:05:19,720 Speaker 1: with asylum seekers is often abused. Do do we know 106 00:05:19,760 --> 00:05:24,720 Speaker 1: how immigration judges determine if the individual has a true. 107 00:05:24,600 --> 00:05:25,680 Speaker 2: Credible fear or not. 108 00:05:26,360 --> 00:05:28,839 Speaker 3: I mean, it's literally if I read this case. Right 109 00:05:28,920 --> 00:05:32,320 Speaker 3: in the law, as stated by the immigration judge, it's 110 00:05:32,400 --> 00:05:34,720 Speaker 3: just literally up to the judge. The judge can make 111 00:05:34,760 --> 00:05:37,599 Speaker 3: any kind of credibility determination that they want. And the 112 00:05:37,680 --> 00:05:41,440 Speaker 3: remarkable thing is the judge explains that, you know, these migrants, 113 00:05:41,440 --> 00:05:45,920 Speaker 3: they don't obviously they say they don't have any written evidence. 114 00:05:46,160 --> 00:05:49,680 Speaker 3: Necessarily or because you know, the events leading to the 115 00:05:49,680 --> 00:05:51,719 Speaker 3: fear of persecution happened in a foreign country, they're not 116 00:05:51,800 --> 00:05:55,320 Speaker 3: expected to provide any evidence. So it's literally just if 117 00:05:55,360 --> 00:05:56,800 Speaker 3: you were trying to figure out what is the evidence 118 00:05:56,800 --> 00:05:59,880 Speaker 3: that Abrego Garcia presented to the immigration judge, it's just 119 00:06:00,080 --> 00:06:04,880 Speaker 3: his own testimony and affidavits from his family. And the 120 00:06:05,320 --> 00:06:08,960 Speaker 3: obvious conclusion there is well, of course his family would 121 00:06:09,320 --> 00:06:11,200 Speaker 3: lie to the court in order to keep him in 122 00:06:11,200 --> 00:06:15,000 Speaker 3: the country. Right, these people, you know, you start with 123 00:06:15,000 --> 00:06:17,159 Speaker 3: the presumption this guy didn't have a lot of respect 124 00:06:17,200 --> 00:06:19,159 Speaker 3: for our laws in the first instance, because he crossed 125 00:06:19,200 --> 00:06:21,880 Speaker 3: illegally and stayed here illegally for eight years, seven years. 126 00:06:22,800 --> 00:06:26,240 Speaker 3: Why are we treating his testimony to you know, avoid 127 00:06:26,240 --> 00:06:30,640 Speaker 3: deportation as credible. I don't know, but the fact that 128 00:06:30,680 --> 00:06:34,120 Speaker 3: our system, in our system, you can communicate this credible 129 00:06:34,120 --> 00:06:37,680 Speaker 3: fear of persecution with nothing more than the testimony of 130 00:06:37,720 --> 00:06:40,920 Speaker 3: you and your family. Well, that's ridiculous. I'm sorry. You 131 00:06:40,960 --> 00:06:43,599 Speaker 3: should go home, And if you wanted to make these claims, 132 00:06:43,600 --> 00:06:45,440 Speaker 3: you should have made them immediately when you got here. 133 00:06:46,279 --> 00:06:47,840 Speaker 1: Well yeah, I was going to say, I mean, we're 134 00:06:47,880 --> 00:06:50,600 Speaker 1: trusting the word of someone who's already abused or laws 135 00:06:51,040 --> 00:06:53,600 Speaker 1: and you know, had no regard for them to begin with. 136 00:06:54,360 --> 00:06:55,360 Speaker 2: We've got more with will. 137 00:06:55,400 --> 00:06:58,880 Speaker 1: But first, as you celebrate this holy season, let's take 138 00:06:58,880 --> 00:07:03,320 Speaker 1: a moment to reflect on God's creation you. In Psalms, 139 00:07:03,360 --> 00:07:06,240 Speaker 1: we learned that God knit you together in your mother's womb. 140 00:07:07,040 --> 00:07:10,000 Speaker 1: His eyes saw your unformed body. He saw who you 141 00:07:10,080 --> 00:07:11,880 Speaker 1: were created to be before. 142 00:07:11,560 --> 00:07:12,160 Speaker 2: You became you. 143 00:07:12,560 --> 00:07:15,160 Speaker 1: Preborn Ministry is once to remind you that each one 144 00:07:15,200 --> 00:07:17,440 Speaker 1: of you is made in the image of God, and 145 00:07:17,520 --> 00:07:18,560 Speaker 1: life is sacred. 146 00:07:18,760 --> 00:07:19,640 Speaker 2: Life is eternal. 147 00:07:19,920 --> 00:07:22,240 Speaker 1: You may have come to Earth as an unplanned pregnancy, 148 00:07:22,480 --> 00:07:25,480 Speaker 1: but whether planned or unplanned, your life is value and 149 00:07:25,600 --> 00:07:26,480 Speaker 1: every day of your. 150 00:07:26,400 --> 00:07:28,000 Speaker 2: Life is ordained by God. 151 00:07:28,240 --> 00:07:30,720 Speaker 1: Please take a moment today to thank God for life, 152 00:07:30,840 --> 00:07:33,640 Speaker 1: and we invite you to remember babies in their mother's wombs. 153 00:07:33,880 --> 00:07:37,280 Speaker 1: Their lives count two last year alone. Preborn's Network of 154 00:07:37,320 --> 00:07:41,360 Speaker 1: clinics rescued over sixty seven thousand babies from abortion. Your 155 00:07:41,400 --> 00:07:45,640 Speaker 1: tax deductible donation of twenty eight dollars sponsors one ultrasound 156 00:07:45,920 --> 00:07:49,120 Speaker 1: and doubles a baby's chance at life. How many babies 157 00:07:49,120 --> 00:07:51,720 Speaker 1: can you save? Please donate your best gift today. Just 158 00:07:51,760 --> 00:07:55,040 Speaker 1: style pound two fifty and say the keyword baby. That's 159 00:07:55,120 --> 00:07:58,240 Speaker 1: pound two fifty baby. Or go to preborn dot com 160 00:07:58,320 --> 00:08:03,080 Speaker 1: slash booth that's preborn dot com slash booth boo tg 161 00:08:03,640 --> 00:08:09,920 Speaker 1: sponsored by Preborn. Now, the allegation is that he had 162 00:08:10,080 --> 00:08:13,440 Speaker 1: ties or you know, has ties to MS thirteen. What 163 00:08:13,480 --> 00:08:16,120 Speaker 1: evidence is there for that is that relevant to this? 164 00:08:17,200 --> 00:08:19,800 Speaker 3: So it's not exactly clear what evidence was that we 165 00:08:19,840 --> 00:08:22,320 Speaker 3: have some idea there's there's because we have to go 166 00:08:22,360 --> 00:08:25,600 Speaker 3: all the way back to the twenty nineteen immigration bond hearing, 167 00:08:25,800 --> 00:08:27,520 Speaker 3: you know, which we've only seen a few a little 168 00:08:27,560 --> 00:08:29,320 Speaker 3: bit of the records of. But it looks like that 169 00:08:29,480 --> 00:08:32,240 Speaker 3: judge had in front of them both some sort of 170 00:08:32,360 --> 00:08:35,040 Speaker 3: gang sheet like an identify vcation with the police that 171 00:08:35,120 --> 00:08:37,920 Speaker 3: said this person was MS thirteen, along with testimony from 172 00:08:37,960 --> 00:08:41,319 Speaker 3: sort of some sort of confidential informant, and the idea 173 00:08:41,440 --> 00:08:44,680 Speaker 3: that he was wearing a parel that was aligned with 174 00:08:44,840 --> 00:08:47,480 Speaker 3: MS thirteen. But we don't know that that's all the evidence. Like, 175 00:08:47,640 --> 00:08:51,640 Speaker 3: let's that's literally what is mentioned in a two page 176 00:08:51,679 --> 00:08:54,719 Speaker 3: immigration judge hearing. There might well be more. It's a 177 00:08:54,720 --> 00:08:57,120 Speaker 3: little bit rich that everybody is just saying there's no evidence. Well, 178 00:08:57,160 --> 00:08:59,560 Speaker 3: clearly there's not no evidence. This guy was found by 179 00:08:59,559 --> 00:09:02,400 Speaker 3: an immigrant judge to be a verified member of MS thirteen, 180 00:09:02,520 --> 00:09:05,959 Speaker 3: and that finding was upheld on appeal. And the people 181 00:09:06,000 --> 00:09:08,240 Speaker 3: claiming either there's no evidence or this is wrong are 182 00:09:08,280 --> 00:09:10,720 Speaker 3: just his lawyers. They're just his lawyers putting out press 183 00:09:10,720 --> 00:09:13,400 Speaker 3: releases or filing up blate saying oh, this was nonsense, 184 00:09:13,440 --> 00:09:15,360 Speaker 3: he's not really MS thirteen. Well, it's like that hasn't 185 00:09:15,360 --> 00:09:19,319 Speaker 3: been tested. Now, granted, I think you know, we haven't. 186 00:09:19,440 --> 00:09:23,200 Speaker 3: It hasn't been proven in a court beyond a reasonable 187 00:09:23,240 --> 00:09:25,720 Speaker 3: doubt that he's a member of MS thirteen. But that's 188 00:09:25,720 --> 00:09:28,360 Speaker 3: not the relevant standard because the question is what actually 189 00:09:28,400 --> 00:09:30,880 Speaker 3: matters here for the purposes of whether or not this 190 00:09:30,920 --> 00:09:34,800 Speaker 3: guy should be removed. Well, the MS thirteen could matter 191 00:09:34,840 --> 00:09:36,679 Speaker 3: in the sense that if he is actually an MS 192 00:09:36,720 --> 00:09:40,120 Speaker 3: thirteen member, then he's ineligible for withholding of removal. And 193 00:09:40,160 --> 00:09:42,720 Speaker 3: so could have That would be one way that the 194 00:09:42,720 --> 00:09:47,360 Speaker 3: administration could go to the immigration judge and say, you 195 00:09:47,440 --> 00:09:50,080 Speaker 3: need to lift this guy's withholding of removal. But there's 196 00:09:50,080 --> 00:09:54,320 Speaker 3: other ways to do that. As discussed, there's no real 197 00:09:54,320 --> 00:09:56,880 Speaker 3: fear of persecution in l Salador anymore because it's now 198 00:09:56,920 --> 00:10:00,240 Speaker 3: one of the safest countries in the Western Hemisphere. The 199 00:10:00,280 --> 00:10:02,320 Speaker 3: real reason that he needs to be deportant is because 200 00:10:02,320 --> 00:10:04,720 Speaker 3: he's an illegal alien or he was an illegal alien 201 00:10:04,760 --> 00:10:07,280 Speaker 3: in our country. That was all that was needed from 202 00:10:07,320 --> 00:10:10,320 Speaker 3: the get go, Like there's a red herring that the 203 00:10:10,760 --> 00:10:12,800 Speaker 3: you know, the left media puts out there that it's like, well, 204 00:10:12,800 --> 00:10:15,880 Speaker 3: he has no criminal record, so he's an illegal alien 205 00:10:15,920 --> 00:10:17,800 Speaker 3: in our country. You don't have a right to be here. 206 00:10:17,840 --> 00:10:19,120 Speaker 3: You could be removed period. 207 00:10:20,160 --> 00:10:23,680 Speaker 1: Well, I think it sort of underscores the different way 208 00:10:23,760 --> 00:10:27,640 Speaker 1: that we view immigration between the parties, right because the 209 00:10:27,720 --> 00:10:31,440 Speaker 1: left clearly they don't believe that coming into the country 210 00:10:31,440 --> 00:10:35,800 Speaker 1: illegally is grounds for removal, right like, they're perfectly fine 211 00:10:35,840 --> 00:10:40,320 Speaker 1: with it, whereas obviously we are not as Republicans, you know. 212 00:10:40,440 --> 00:10:44,680 Speaker 1: And it's interesting because during the first Trump administration, the 213 00:10:44,840 --> 00:10:47,400 Speaker 1: argument for the left or from the left was that 214 00:10:47,800 --> 00:10:50,400 Speaker 1: you know, the Trump administration was inhumane. 215 00:10:49,920 --> 00:10:52,400 Speaker 2: Because of family separation. I feel like that was probably. 216 00:10:52,160 --> 00:10:54,320 Speaker 1: Like a stronger political argument to make, you know, like 217 00:10:54,360 --> 00:10:57,560 Speaker 1: oh children, you know. And now it seems like they 218 00:10:57,679 --> 00:11:04,080 Speaker 1: are defending you know, potential prolomas sympathizers and you know, maybe. 219 00:11:03,559 --> 00:11:07,360 Speaker 2: AMMA thirteen members and you know, and so I wonder 220 00:11:07,360 --> 00:11:09,319 Speaker 2: what the political fallout, you know. 221 00:11:09,360 --> 00:11:11,160 Speaker 1: I think that's also why they're trying to add this 222 00:11:11,200 --> 00:11:15,400 Speaker 1: sympathetic you know, Maryland father, you know, kind of like 223 00:11:15,480 --> 00:11:17,439 Speaker 1: trying to just to you know, add some of these 224 00:11:17,440 --> 00:11:21,480 Speaker 1: more like sympathetic descriptive words attached. 225 00:11:21,040 --> 00:11:21,480 Speaker 2: To the guy. 226 00:11:21,520 --> 00:11:24,280 Speaker 1: But you know, it's an interesting I don't know politically 227 00:11:24,320 --> 00:11:25,600 Speaker 1: how this will play out for them. 228 00:11:26,040 --> 00:11:28,319 Speaker 3: Yeah, No, I agree with that. I think that it's 229 00:11:28,320 --> 00:11:31,480 Speaker 3: a president Trump got elected running on a platform of 230 00:11:31,720 --> 00:11:36,360 Speaker 3: mass deportation, and the American public in puls for obviously 231 00:11:36,360 --> 00:11:38,440 Speaker 3: first they elected him, but also in polls they indicated 232 00:11:38,440 --> 00:11:40,839 Speaker 3: that they support mass deportation. And I don't think the 233 00:11:41,280 --> 00:11:43,560 Speaker 3: Democratic Party has got it through its head that you 234 00:11:43,559 --> 00:11:47,040 Speaker 3: shouldn't be trying to make illegal aliens who abused our 235 00:11:47,080 --> 00:11:50,240 Speaker 3: system into standard bearers for your party. And that's what 236 00:11:50,280 --> 00:11:53,760 Speaker 3: they're doing. Both in this I mean, these are I 237 00:11:53,800 --> 00:11:55,600 Speaker 3: was thinking about it. Somebody asked, like, why why is 238 00:11:55,640 --> 00:11:57,640 Speaker 3: the Democrat Party doing this? And it's just because they're 239 00:11:57,640 --> 00:12:02,880 Speaker 3: dominated by the sort of rook when professional managerial class 240 00:12:03,280 --> 00:12:07,640 Speaker 3: journalists types, and you know, for these people, I mean, 241 00:12:07,840 --> 00:12:11,120 Speaker 3: the victims of murder by legal aliens are irrelevant and annoying. 242 00:12:11,320 --> 00:12:15,200 Speaker 3: But you know, the moment they can advocate on behalf 243 00:12:15,320 --> 00:12:18,400 Speaker 3: of somebody who's in our country illegally, or somebody who's 244 00:12:18,960 --> 00:12:23,360 Speaker 3: advocating on behalf of terrorist groups in Israel, they jump 245 00:12:23,400 --> 00:12:26,880 Speaker 3: at it. It could because that's their mileu for whatever reason. 246 00:12:27,040 --> 00:12:29,520 Speaker 3: And I think it's just if they keep making this mistake. 247 00:12:29,520 --> 00:12:31,880 Speaker 3: And you know, there's the funny thing is they're in 248 00:12:31,960 --> 00:12:34,559 Speaker 3: much better you know, the economy's got issues right now, 249 00:12:34,600 --> 00:12:35,960 Speaker 3: Like I think Trump's going to pull it out with 250 00:12:36,000 --> 00:12:39,360 Speaker 3: these troiffs. But you know that if I were, you know, 251 00:12:39,400 --> 00:12:42,280 Speaker 3: a dispassionate political consultant advising the Democrats, I'd be like, 252 00:12:42,320 --> 00:12:44,920 Speaker 3: we don't want to be talking about this. People hate this. 253 00:12:45,040 --> 00:12:46,920 Speaker 3: We want to be talking about the economy in tariffs 254 00:12:46,960 --> 00:12:48,480 Speaker 3: and how everything's getting more expensive. 255 00:12:48,559 --> 00:12:50,880 Speaker 1: And yet they're not well, you know, and you even 256 00:12:50,880 --> 00:12:55,559 Speaker 1: have Democrats like Marilynd Senate Democrat Chris van Holland saying 257 00:12:55,600 --> 00:13:01,720 Speaker 1: that you know he's going to organize a codell to elsum. 258 00:13:01,440 --> 00:13:03,760 Speaker 3: Bukeley has the chance to do the funniest thing. 259 00:13:04,400 --> 00:13:05,200 Speaker 2: Just not let him in. 260 00:13:05,880 --> 00:13:08,080 Speaker 3: No, just arrest them and throw him in jail time. 261 00:13:10,640 --> 00:13:13,000 Speaker 3: I'm kidding, no, I but it's. 262 00:13:12,840 --> 00:13:15,000 Speaker 1: Like that, you know, if it is a codel, that's 263 00:13:15,040 --> 00:13:20,320 Speaker 1: like on us right, that's taxpayer funded resources for them 264 00:13:20,360 --> 00:13:23,040 Speaker 1: to go make the argument and to make a spectacle 265 00:13:23,080 --> 00:13:26,200 Speaker 1: out of a potential MS thirteen member and arguing for 266 00:13:26,240 --> 00:13:29,280 Speaker 1: his return, which you know, to the broader point politically, 267 00:13:29,320 --> 00:13:34,080 Speaker 1: it just does not seem like, you know, that's I. 268 00:13:34,080 --> 00:13:37,280 Speaker 3: Think the story never ends with him coming back because 269 00:13:37,280 --> 00:13:40,360 Speaker 3: he has no illegal status in the United States. If 270 00:13:40,840 --> 00:13:42,240 Speaker 3: you know, they want to say, well, he's not an 271 00:13:42,320 --> 00:13:44,040 Speaker 3: MS thirteen member and we need to give him more 272 00:13:44,080 --> 00:13:47,600 Speaker 3: due process. It's like, Okay, guess what happens. Bookeley releases him, 273 00:13:48,080 --> 00:13:50,559 Speaker 3: He gets flown back to the United States, put right 274 00:13:50,600 --> 00:13:53,439 Speaker 3: back into an IC detention center, and we go through 275 00:13:53,480 --> 00:13:57,640 Speaker 3: the process and he'll get removed because the basis on 276 00:13:57,679 --> 00:14:00,280 Speaker 3: which he got is withholding of removal. In El salvad Or, 277 00:14:00,360 --> 00:14:03,680 Speaker 3: is this fear of the Eighteenth Street Gang extorting his 278 00:14:03,760 --> 00:14:07,000 Speaker 3: mom's capoosa business. While the Eighteenth Street Gang is defeated, 279 00:14:07,720 --> 00:14:10,720 Speaker 3: so you don't have any basis for it anymore. You 280 00:14:10,800 --> 00:14:13,920 Speaker 3: never had legal status in the United States. You're going home, 281 00:14:14,120 --> 00:14:16,600 Speaker 3: so it always ends up with him back in El Salvador. 282 00:14:17,600 --> 00:14:21,880 Speaker 1: Yeah, the Supreme Court's ruling to facilitate but not effectuate 283 00:14:22,360 --> 00:14:27,840 Speaker 1: Gersia's return. What's the importance in the differentiation between those 284 00:14:27,840 --> 00:14:31,440 Speaker 1: two words, and what exactly did the Supreme Court say 285 00:14:32,880 --> 00:14:33,640 Speaker 1: with this case. 286 00:14:34,440 --> 00:14:37,040 Speaker 3: Well, honestly, the Supreme Court was pretty vague, but this 287 00:14:37,120 --> 00:14:39,080 Speaker 3: is my understanding on it based on reading the opinion 288 00:14:39,200 --> 00:14:41,720 Speaker 3: and a lot of the briefing and the underlying cases. 289 00:14:41,800 --> 00:14:45,760 Speaker 3: So there's been plenty of times where ice has been 290 00:14:45,840 --> 00:14:49,640 Speaker 3: ordered to facilitate the entry of the legal aliens back 291 00:14:49,640 --> 00:14:52,680 Speaker 3: into the country, or aliens rather back into the country 292 00:14:52,680 --> 00:14:54,480 Speaker 3: so that they can get so that there could be 293 00:14:54,480 --> 00:14:58,200 Speaker 3: further immigration proceedings for whatever reason that's happened in the past. 294 00:15:00,240 --> 00:15:03,200 Speaker 3: What that's meant is you need to get rid of 295 00:15:03,240 --> 00:15:06,320 Speaker 3: the obstacles, the United States side obstacles in the way 296 00:15:06,360 --> 00:15:08,880 Speaker 3: of this person coming back to the country. Right, there's 297 00:15:08,880 --> 00:15:13,520 Speaker 3: not an assumption that the government should go, you know actively. 298 00:15:13,560 --> 00:15:15,040 Speaker 3: You know that the court has the right to order 299 00:15:15,040 --> 00:15:17,760 Speaker 3: the government to go engage in diplomacy. The president is 300 00:15:17,760 --> 00:15:20,880 Speaker 3: the sole diplomatic organ of the United States. And so 301 00:15:21,440 --> 00:15:23,600 Speaker 3: when this District Court put in place in order that 302 00:15:23,680 --> 00:15:29,359 Speaker 3: said facilitate and effectuate the return of a Brigo Garcia, Interestingly, 303 00:15:29,480 --> 00:15:33,640 Speaker 3: like the lawyers for Brigo Garcia knew. I haven't talked 304 00:15:33,640 --> 00:15:35,280 Speaker 3: to them, but they knew that this was too broad 305 00:15:35,280 --> 00:15:37,160 Speaker 3: an order because when they were arguing this to the 306 00:15:37,200 --> 00:15:39,120 Speaker 3: Court of Appeals, they were saying, oh, look at all 307 00:15:39,120 --> 00:15:42,560 Speaker 3: these cases saying that ice can must facilitate the return 308 00:15:42,560 --> 00:15:44,280 Speaker 3: of an alien. They knew that there's a difference between 309 00:15:44,320 --> 00:15:47,520 Speaker 3: those two things, because to facilitate is to make something easier, 310 00:15:47,880 --> 00:15:50,400 Speaker 3: but to effectuate is to make it happen, right, to 311 00:15:51,080 --> 00:15:55,120 Speaker 3: bring the end result about, And that's what the Supreme 312 00:15:55,120 --> 00:15:58,520 Speaker 3: Court objected to. They agree that, you know, the court 313 00:15:58,520 --> 00:16:01,400 Speaker 3: obviously had the ability to order the to facilitate his return, 314 00:16:01,480 --> 00:16:03,720 Speaker 3: to take care of obstacles on its own end, because 315 00:16:03,920 --> 00:16:08,640 Speaker 3: the administration itself admitted that the deportation was administrative error, 316 00:16:08,680 --> 00:16:10,240 Speaker 3: but they didn't have the right to just order the 317 00:16:10,280 --> 00:16:13,600 Speaker 3: president to engage in diplomacy. And so the Supreme Court 318 00:16:13,680 --> 00:16:15,960 Speaker 3: was nice and told the district judge, you need to 319 00:16:16,000 --> 00:16:19,000 Speaker 3: clarify your order and ensure that you give due deference 320 00:16:19,040 --> 00:16:22,040 Speaker 3: to the president's Article two authorities. It doesn't look like 321 00:16:22,080 --> 00:16:26,800 Speaker 3: this this district judge, Judges Ennis did that. But that's 322 00:16:26,880 --> 00:16:30,240 Speaker 3: that's the difference between facilitate and effectuate. Facilitate is to merely, 323 00:16:30,400 --> 00:16:35,080 Speaker 3: in this context means to simply remove obstacles on your end, 324 00:16:35,560 --> 00:16:38,239 Speaker 3: whereas to effectuate means to actively bring about. 325 00:16:38,360 --> 00:16:39,960 Speaker 1: You've got to take a quick commercial break. 326 00:16:40,000 --> 00:16:40,520 Speaker 2: More with will. 327 00:16:40,520 --> 00:16:46,320 Speaker 1: On the other side, the only place I don't agree 328 00:16:46,400 --> 00:16:49,920 Speaker 1: with the Trump administration is that President Trump has said 329 00:16:49,920 --> 00:16:52,480 Speaker 1: that he wants to send you as citizen to commit fund. 330 00:16:52,280 --> 00:16:54,600 Speaker 2: Like crimes to l Salvador. 331 00:16:54,720 --> 00:16:57,240 Speaker 1: And obviously we can see how that becomes a real 332 00:16:57,360 --> 00:17:00,680 Speaker 1: slippery slope, particularly during COVID when you know, people like 333 00:17:00,720 --> 00:17:03,320 Speaker 1: me didn't get the COVID vaccine, and like nearly half 334 00:17:03,360 --> 00:17:05,840 Speaker 1: of Democrats wanted to send us to government camps, so 335 00:17:06,640 --> 00:17:10,320 Speaker 1: you know, like and now the left views basically all 336 00:17:10,400 --> 00:17:13,000 Speaker 1: of us who have supported Trump, as you know, more 337 00:17:13,080 --> 00:17:16,639 Speaker 1: or less terrorists. So I worry about that and what 338 00:17:16,680 --> 00:17:19,919 Speaker 1: that would mean for us if we lose power or 339 00:17:19,960 --> 00:17:22,600 Speaker 1: when you know, we inevitably lose power because it bounces 340 00:17:22,640 --> 00:17:25,440 Speaker 1: back and forth between the parties and it will continue 341 00:17:25,440 --> 00:17:28,639 Speaker 1: to do so for the rest of American history. 342 00:17:28,840 --> 00:17:32,920 Speaker 2: So, uh, like, yeah, let's not I'm totally fine with what. 343 00:17:32,880 --> 00:17:35,680 Speaker 1: He's doing with legal aliens, you know, and people who 344 00:17:35,680 --> 00:17:37,600 Speaker 1: don't deserve to be in our country. 345 00:17:37,680 --> 00:17:40,040 Speaker 2: But like, I don't think we go there with citizens. 346 00:17:40,359 --> 00:17:42,919 Speaker 3: I completely agree, and I think that's ultimately where the 347 00:17:42,960 --> 00:17:45,480 Speaker 3: president will end up. I think, you know, if we need, 348 00:17:45,560 --> 00:17:47,359 Speaker 3: if we want to deal with if we have an 349 00:17:47,400 --> 00:17:49,760 Speaker 3: issue with under incarceration in our own country, which we 350 00:17:49,840 --> 00:17:52,080 Speaker 3: kind of do, there's there's there's there's more criminals that 351 00:17:52,119 --> 00:17:53,800 Speaker 3: need to be incarcerated, but we can just build more 352 00:17:53,880 --> 00:17:57,159 Speaker 3: jails for our own citizens. But I agree with you, 353 00:17:57,200 --> 00:17:59,240 Speaker 3: I don't I think I don't. I don't understand what 354 00:17:59,280 --> 00:18:02,399 Speaker 3: complaint that then Whalen's you know trenda iragual gang members 355 00:18:02,400 --> 00:18:03,639 Speaker 3: have They never had a right to be in our 356 00:18:03,680 --> 00:18:07,040 Speaker 3: country in the first instance. And really, I mean this 357 00:18:07,080 --> 00:18:08,720 Speaker 3: is all a product of the fact that the Venezuelan 358 00:18:08,760 --> 00:18:12,359 Speaker 3: government wouldn't accept their citizens being repatriated. It's like, well, okay, 359 00:18:12,359 --> 00:18:14,000 Speaker 3: then We're going to find another place to send them to. 360 00:18:14,119 --> 00:18:16,400 Speaker 3: And I think one of the things that Trump administration 361 00:18:16,520 --> 00:18:20,200 Speaker 3: does understand is the need for deterrence, is the need 362 00:18:20,240 --> 00:18:24,080 Speaker 3: to deter the entry of illegal aliens. And you know, 363 00:18:24,160 --> 00:18:25,800 Speaker 3: I've seen a lot of people be very critical of 364 00:18:25,880 --> 00:18:28,600 Speaker 3: Christy Nome and her photo opsits at the El Salvador, 365 00:18:28,640 --> 00:18:31,359 Speaker 3: in prison or wherever else. The point of all this 366 00:18:31,359 --> 00:18:34,080 Speaker 3: is the message isn't for us, the messages for illegal migrants. 367 00:18:34,119 --> 00:18:36,600 Speaker 3: We want to make clear to them that if you 368 00:18:36,720 --> 00:18:39,119 Speaker 3: come to this country legally, you will be removed and 369 00:18:39,160 --> 00:18:41,680 Speaker 3: it probably won't be very nice. And that's why we've 370 00:18:41,680 --> 00:18:43,920 Speaker 3: seen I legal immigration go down ninety five percent year 371 00:18:43,920 --> 00:18:47,360 Speaker 3: over year illegal crossings. It's a real accomplishment of the administration. 372 00:18:47,400 --> 00:18:48,440 Speaker 3: I think they need to keep it up. 373 00:18:49,240 --> 00:18:51,439 Speaker 1: I mean, she did to kill dogs, so I guess 374 00:18:51,480 --> 00:18:55,199 Speaker 1: you know, there's credible fear for the illegal aliens that 375 00:18:55,240 --> 00:18:56,040 Speaker 1: they maybe that was. 376 00:18:56,000 --> 00:18:58,400 Speaker 3: The reason she was selected. I was like, I thought 377 00:18:58,400 --> 00:19:00,679 Speaker 3: her political career was as dead as that dog, but 378 00:19:00,720 --> 00:19:03,159 Speaker 3: apparently not. And maybe maybe that's what you need to do. 379 00:19:03,200 --> 00:19:06,640 Speaker 3: You need to you know, like what if you if 380 00:19:06,680 --> 00:19:08,919 Speaker 3: we cross the border illegally, maybe what will happen to us, 381 00:19:08,960 --> 00:19:09,800 Speaker 3: is what happened to the dog. 382 00:19:10,080 --> 00:19:11,720 Speaker 1: I don't know. If you can kill a cute little dog, 383 00:19:11,800 --> 00:19:13,200 Speaker 1: then I guess anything's fair. 384 00:19:13,119 --> 00:19:14,159 Speaker 2: Game at that point. 385 00:19:14,920 --> 00:19:17,920 Speaker 1: So I don't know if I want to Well to 386 00:19:18,000 --> 00:19:21,040 Speaker 1: your point about the Venezuelans. I've made this point on 387 00:19:21,119 --> 00:19:23,520 Speaker 1: TV as well, when people are like, well, why are 388 00:19:23,520 --> 00:19:26,000 Speaker 1: we sending them to El Salvador. 389 00:19:25,320 --> 00:19:26,520 Speaker 2: Like this is awful? 390 00:19:26,880 --> 00:19:28,880 Speaker 1: I get it, But like a lot of these countries, 391 00:19:29,040 --> 00:19:31,639 Speaker 1: and I know we reached to deal with Venezuela at 392 00:19:31,680 --> 00:19:34,960 Speaker 1: the end of March to repatriate, you know, some of 393 00:19:35,000 --> 00:19:37,600 Speaker 1: these migrants and for them to finally take some people back. 394 00:19:37,640 --> 00:19:40,359 Speaker 1: But a lot of these countries, who is going to 395 00:19:40,400 --> 00:19:45,080 Speaker 1: want to take back Ms thirteen and trende Aragua gang 396 00:19:45,119 --> 00:19:49,199 Speaker 1: members or murders or rapists. And so that's the challenge 397 00:19:49,280 --> 00:19:51,639 Speaker 1: that President Trump is facing when he's trying to do 398 00:19:51,680 --> 00:19:54,119 Speaker 1: these mass deportations. 399 00:19:53,400 --> 00:19:55,400 Speaker 2: Particularly with the worst of the worst. 400 00:19:55,520 --> 00:19:57,440 Speaker 1: Is you know, these countries aren't gonna want to take 401 00:19:57,440 --> 00:19:58,120 Speaker 1: them back. 402 00:19:59,280 --> 00:20:01,360 Speaker 3: Right And I mean part this point with Trender Rogwitz 403 00:20:01,359 --> 00:20:03,960 Speaker 3: the reason they were you know how this Alien Enemies 404 00:20:03,960 --> 00:20:06,520 Speaker 3: Act proclamation is that it's pretty clear that the it's 405 00:20:06,520 --> 00:20:10,119 Speaker 3: the Venezuelan government sent them here. That this wasn't unintentional. 406 00:20:10,160 --> 00:20:12,479 Speaker 3: They sent a gang into our country to you know, 407 00:20:12,680 --> 00:20:14,760 Speaker 3: make mischief and disrupt things. So yeah, no, of course 408 00:20:14,800 --> 00:20:17,399 Speaker 3: they're not trying to take them back. Now with m S. Thirteen, 409 00:20:17,440 --> 00:20:19,640 Speaker 3: it's actually much simpler. You know, Naibukeli is a really 410 00:20:19,640 --> 00:20:21,840 Speaker 3: good ally, and he wants to take them and imprison 411 00:20:21,920 --> 00:20:24,240 Speaker 3: him in them in his own jail, and that's, you know, 412 00:20:24,280 --> 00:20:25,280 Speaker 3: really what this is all about. 413 00:20:25,359 --> 00:20:27,920 Speaker 1: What do you make of the Trump Administration's used to 414 00:20:28,000 --> 00:20:29,440 Speaker 1: the Alien Enemies Act. 415 00:20:29,440 --> 00:20:33,119 Speaker 3: The Alien Enemies Act. I think it's probably not going 416 00:20:33,160 --> 00:20:36,040 Speaker 3: to be that much of an increase in efficiency over 417 00:20:36,040 --> 00:20:39,720 Speaker 3: the normal immigration process because I think the Supreme Court 418 00:20:39,720 --> 00:20:42,359 Speaker 3: and other judges agree that while there's not, you know, 419 00:20:42,480 --> 00:20:47,360 Speaker 3: any judicial role to remove to re sorry to review 420 00:20:48,560 --> 00:20:51,359 Speaker 3: the president's decision that there's been a war or present 421 00:20:51,400 --> 00:20:54,760 Speaker 3: predatory incursion, they still have the right to review whether 422 00:20:54,840 --> 00:20:58,479 Speaker 3: somebody individually is in the class of people that are 423 00:20:58,640 --> 00:21:00,920 Speaker 3: covered by the Alien Enemy Zach. So I'm not sure 424 00:21:00,920 --> 00:21:04,040 Speaker 3: it actually speeds things up more than a standard issue 425 00:21:04,080 --> 00:21:07,639 Speaker 3: deportation proceeding, given what the Supreme Court is doing. But 426 00:21:07,720 --> 00:21:10,199 Speaker 3: I my view is I'm perfectly fine with it in 427 00:21:10,200 --> 00:21:13,240 Speaker 3: the sense that President Biden launched a mass invasion of 428 00:21:13,240 --> 00:21:15,439 Speaker 3: illegal aliens who are into our country. That's why there 429 00:21:15,480 --> 00:21:18,000 Speaker 3: is a mass deportation. I think the Trump administration should 430 00:21:18,040 --> 00:21:20,920 Speaker 3: be using every tool it's it's at its disposal to 431 00:21:20,920 --> 00:21:21,760 Speaker 3: deport these people. 432 00:21:21,920 --> 00:21:22,399 Speaker 2: I agree. 433 00:21:22,880 --> 00:21:25,040 Speaker 1: And the American people that's what they wanted. 434 00:21:25,119 --> 00:21:25,679 Speaker 2: They voted for. 435 00:21:25,720 --> 00:21:28,880 Speaker 1: It was the second most important issue and President Trump 436 00:21:28,920 --> 00:21:32,760 Speaker 1: won the popular vote. So Will Chamberlain, senior counsel at 437 00:21:32,760 --> 00:21:34,640 Speaker 1: the Article three Project, appreciate your time. 438 00:21:34,680 --> 00:21:36,520 Speaker 2: Thank you for breaking this down for us. It was 439 00:21:36,600 --> 00:21:37,439 Speaker 2: very helpful, all right. 440 00:21:37,480 --> 00:21:38,240 Speaker 3: Thanks for having me. 441 00:21:38,880 --> 00:21:42,240 Speaker 1: That was Will Chamberlain, Senior counsel at the Article three Project. 442 00:21:42,560 --> 00:21:44,600 Speaker 1: Appreciate him for making the time. Appreciate you guys at 443 00:21:44,600 --> 00:21:47,080 Speaker 1: home for listening every Tuesday and Thursday. 444 00:21:47,119 --> 00:21:49,200 Speaker 2: But you can listen throughout the week until next time.