1 00:00:00,040 --> 00:00:02,920 Speaker 1: We're going to talk about immigration. Since taking office, President 2 00:00:02,920 --> 00:00:05,760 Speaker 1: of Trump has maintained a hard line on immigration issues. 3 00:00:05,960 --> 00:00:08,160 Speaker 1: Last month, the Torney General, Jeff Sessions went to the 4 00:00:08,160 --> 00:00:11,720 Speaker 1: Mexican border to announce directives to federal prosecutors meant to 5 00:00:11,760 --> 00:00:16,400 Speaker 1: increase federal enforcement of immigration laws. For those that continue 6 00:00:16,480 --> 00:00:21,520 Speaker 1: to seek improper and illegal entry into this country. Be forewarned. 7 00:00:22,200 --> 00:00:26,280 Speaker 1: This is a new era. This is the Trump era. 8 00:00:26,960 --> 00:00:30,720 Speaker 1: The lawlessness, the abdication of beauty to enforce our laws, 9 00:00:31,120 --> 00:00:34,560 Speaker 1: and the cats and release policies of the past are 10 00:00:34,760 --> 00:00:38,800 Speaker 1: over a number of states and city governments, however, disagree 11 00:00:38,800 --> 00:00:43,120 Speaker 1: with the Trump administration on immigration issues, and now California 12 00:00:43,200 --> 00:00:45,559 Speaker 1: State senators passed a bill that would set up a 13 00:00:45,600 --> 00:00:48,600 Speaker 1: direct clash with the president. The bill would make California 14 00:00:48,680 --> 00:00:52,960 Speaker 1: a so called sanctuary state for undocumented immigrants, in defiance 15 00:00:52,960 --> 00:00:56,040 Speaker 1: of the President's executive order from early in his administration 16 00:00:56,080 --> 00:00:58,840 Speaker 1: that's meant to deny federal funds to sanctuary cities and 17 00:00:58,880 --> 00:01:03,520 Speaker 1: other jurisdictions that don't cooperate with federal immigration authorities. With 18 00:01:03,680 --> 00:01:06,880 Speaker 1: us to talk about the California bill and Trump administration 19 00:01:07,680 --> 00:01:11,520 Speaker 1: immigration policy are hands Van Spakovsky, the manager of the 20 00:01:11,560 --> 00:01:14,679 Speaker 1: Election Law Reform Initiative at the Heritage Foundation and Gristle 21 00:01:14,800 --> 00:01:19,759 Speaker 1: Rui's attorney at the Immigrant Legal Resource Center. UM. Gristle, 22 00:01:20,120 --> 00:01:23,560 Speaker 1: can you, UM summarize for us what this California bill 23 00:01:23,600 --> 00:01:27,759 Speaker 1: would do? Hi? Yes, this is Cristal Um so as 24 00:01:27,840 --> 00:01:30,520 Speaker 1: the fifty four. It's a state bill that was introduced 25 00:01:30,520 --> 00:01:34,720 Speaker 1: in California in December of last year. It is a 26 00:01:34,760 --> 00:01:37,479 Speaker 1: bill that would basically high up a lot of the 27 00:01:38,080 --> 00:01:42,080 Speaker 1: loose ends and a lot of the the opportunities that 28 00:01:42,120 --> 00:01:44,840 Speaker 1: exists exists right now for local law enforcement on the 29 00:01:44,880 --> 00:01:49,240 Speaker 1: ground here in California to cooperate with federal immigration officials. UM. 30 00:01:49,280 --> 00:01:52,240 Speaker 1: And the need for this bill is extremely high. UM. 31 00:01:52,280 --> 00:01:55,360 Speaker 1: What many people don't know is that there's already a 32 00:01:55,480 --> 00:02:00,840 Speaker 1: very very deep cooperation with local law enforcement federal gradition officials. 33 00:02:00,840 --> 00:02:03,880 Speaker 1: In fact, we've already had very very high deportation numbers 34 00:02:03,880 --> 00:02:08,400 Speaker 1: even under the Obama administration, and these figures were achieved 35 00:02:08,400 --> 00:02:12,120 Speaker 1: by and enlarged by this deep cooperation. So SP fifty four, 36 00:02:12,560 --> 00:02:15,560 Speaker 1: given where we are right now with this administration, couldn't 37 00:02:15,560 --> 00:02:17,800 Speaker 1: come at a better time. Instead of going a little 38 00:02:17,800 --> 00:02:21,120 Speaker 1: bit more top level, what SP fifty four does is UM, 39 00:02:21,160 --> 00:02:25,799 Speaker 1: it stops this cooperation, this um UH complicite noss in 40 00:02:25,960 --> 00:02:28,880 Speaker 1: in our with our state being part of the deportation 41 00:02:28,919 --> 00:02:31,960 Speaker 1: system in a variety of ways. UM it ensures that 42 00:02:32,560 --> 00:02:36,040 Speaker 1: ICE agents aren't routinely going into our jails and UM 43 00:02:36,240 --> 00:02:40,560 Speaker 1: engaging in unrandized interviews with with UM immigrants. It also 44 00:02:40,720 --> 00:02:45,320 Speaker 1: ensures that UM local law enforcement doesn't comply with UM 45 00:02:45,480 --> 00:02:49,240 Speaker 1: ICE detainers and most ICE notification requests, which are tools 46 00:02:49,280 --> 00:02:53,320 Speaker 1: that ICE uses to apprehend individuals. Um it also ensures 47 00:02:53,320 --> 00:02:59,600 Speaker 1: that individuals that that our state's uh UM public areas 48 00:02:59,600 --> 00:03:04,359 Speaker 1: such as public libraries and schools and courthouses remain equally 49 00:03:04,400 --> 00:03:07,919 Speaker 1: accessible to everybody by ensuring that I satents don't enter 50 00:03:07,960 --> 00:03:13,040 Speaker 1: those institutions. Hans did send it. President pro Tem Kevin 51 00:03:13,120 --> 00:03:17,799 Speaker 1: de Leon amend it two. Let's state and local law 52 00:03:17,880 --> 00:03:23,560 Speaker 1: enforcement notify Immigration and Customs Enforcement federal agents before convicted 53 00:03:24,120 --> 00:03:27,560 Speaker 1: serious sort of violent felons are released from custody. Is 54 00:03:27,639 --> 00:03:30,880 Speaker 1: that part of the bill I believe there is. It 55 00:03:31,200 --> 00:03:33,640 Speaker 1: keeps going through different versions, but I think there's an 56 00:03:33,680 --> 00:03:37,760 Speaker 1: exception for certain violent felonies, But it doesn't cover all 57 00:03:37,840 --> 00:03:40,640 Speaker 1: kinds of things that ought to be a part of 58 00:03:40,640 --> 00:03:43,920 Speaker 1: this such as human trafficking or child abuse and and 59 00:03:44,080 --> 00:03:47,000 Speaker 1: other crimes. You know what, Look, what this bill does 60 00:03:47,720 --> 00:03:53,080 Speaker 1: is very simple. It provides sanctuary for criminal illegal aliens 61 00:03:53,120 --> 00:03:56,160 Speaker 1: in the state of California. And it means that the 62 00:03:56,560 --> 00:04:01,480 Speaker 1: state is basically saying that it would wrap release illegal 63 00:04:01,520 --> 00:04:07,080 Speaker 1: aliens who have been convicted of crimes back into the community. Rather, 64 00:04:07,240 --> 00:04:11,160 Speaker 1: they'd rather do that where they can victimize more Californians 65 00:04:11,400 --> 00:04:15,560 Speaker 1: then call up the federal government and say, um, this 66 00:04:15,720 --> 00:04:18,960 Speaker 1: person is about to finish his sentence and will you 67 00:04:19,000 --> 00:04:21,960 Speaker 1: please come pick them up and deport them? And we're 68 00:04:22,080 --> 00:04:27,240 Speaker 1: we're talking about uh many many crimes of all kinds 69 00:04:27,279 --> 00:04:32,000 Speaker 1: that wouldn't be covered under that exception, you know, burglary, larceny, 70 00:04:32,080 --> 00:04:38,840 Speaker 1: and the criminal histories of criminal illegal aliens have been documented, 71 00:04:39,080 --> 00:04:42,720 Speaker 1: uh most recently by a G A G A O report, 72 00:04:43,120 --> 00:04:47,120 Speaker 1: And many of these criminal illegal aliens are repeat offenders 73 00:04:47,640 --> 00:04:50,400 Speaker 1: who are just going to get out and victimize more people. 74 00:04:52,600 --> 00:04:56,440 Speaker 1: There is a federal law that requires that prevents states 75 00:04:56,560 --> 00:05:02,480 Speaker 1: from um and localities from prevent wing their their employees 76 00:05:03,040 --> 00:05:06,479 Speaker 1: communicating about people's immigration status. Isn't there? So is this 77 00:05:06,560 --> 00:05:13,000 Speaker 1: law consistent with this proposed law consistent with federal law. Yeah, yeah, yeah, 78 00:05:13,040 --> 00:05:16,360 Speaker 1: you see, you're referring to Federal Statute thirteen seventy three. 79 00:05:16,360 --> 00:05:18,479 Speaker 1: But if I could just respond really quickly to some 80 00:05:18,560 --> 00:05:21,440 Speaker 1: of Hans's comments, Um, we actually already have a criminal 81 00:05:21,480 --> 00:05:24,679 Speaker 1: justice system in place which will hold people, um, which 82 00:05:24,760 --> 00:05:27,479 Speaker 1: which will hold people accountable to to any offenses that 83 00:05:27,520 --> 00:05:29,960 Speaker 1: they may have committed, and that that that's a system 84 00:05:30,000 --> 00:05:33,720 Speaker 1: that is something that individuals, regardless of immigration status, are 85 00:05:33,720 --> 00:05:36,680 Speaker 1: going to be subject to when we're talking about fundling people, 86 00:05:36,920 --> 00:05:39,719 Speaker 1: those same individuals into immigration proceedings. But a lot of 87 00:05:39,720 --> 00:05:43,240 Speaker 1: people don't know is an immigration proceedings you rarely get 88 00:05:43,279 --> 00:05:45,480 Speaker 1: a fair day in court. You often you may or 89 00:05:45,520 --> 00:05:47,280 Speaker 1: may not be able to see a judge, there are 90 00:05:47,320 --> 00:05:50,240 Speaker 1: no public defenders. You could be transferred scates away. So 91 00:05:50,320 --> 00:05:53,240 Speaker 1: we're having we're basically sanctioning, We're if we're saying that 92 00:05:53,279 --> 00:05:55,760 Speaker 1: our criminal justice system should be complicit in the civil 93 00:05:55,800 --> 00:05:59,280 Speaker 1: immigration system, we're basically saying that saying the same individual 94 00:05:59,680 --> 00:06:03,120 Speaker 1: um guardless, uh, that that an individual is essentially subject 95 00:06:03,120 --> 00:06:05,680 Speaker 1: to a second layer of punishment, not only to whatever 96 00:06:05,720 --> 00:06:08,479 Speaker 1: they are held to be accountable for the criminal justice system, 97 00:06:08,520 --> 00:06:12,080 Speaker 1: but that funneled into this incredibly broken immigration system which 98 00:06:12,080 --> 00:06:16,320 Speaker 1: absolutely lacks the process. We've been talking about California's bill 99 00:06:16,960 --> 00:06:20,159 Speaker 1: currently past the state Senate that would make California into 100 00:06:20,200 --> 00:06:26,040 Speaker 1: a sanctuary state to protect undocumented immigrants from deportation and 101 00:06:26,160 --> 00:06:29,919 Speaker 1: from being found out by federal authorities UH. The Trump 102 00:06:29,960 --> 00:06:33,600 Speaker 1: administration issued an executive order back in January that would 103 00:06:33,640 --> 00:06:36,720 Speaker 1: cut off funding to sanctuary cities, and if there are 104 00:06:36,720 --> 00:06:38,960 Speaker 1: sanctuary states, I imagine it would cut off funding to 105 00:06:39,040 --> 00:06:42,080 Speaker 1: them too, UM based on the notion that if they 106 00:06:42,080 --> 00:06:45,760 Speaker 1: are violating a federal law, which is eight USC. Section 107 00:06:45,800 --> 00:06:50,560 Speaker 1: thirteen seventy three that prohibits federal, state and local governments 108 00:06:50,760 --> 00:06:54,520 Speaker 1: from restricting the ability of their employees from UH in 109 00:06:54,560 --> 00:06:59,520 Speaker 1: communicating information about citizenship status to the Immigration Nationalization Service. 110 00:07:00,200 --> 00:07:03,240 Speaker 1: Funding would be cut off on various federal programs. We're 111 00:07:03,240 --> 00:07:06,880 Speaker 1: talking about California's attempt to get around this UM with 112 00:07:07,160 --> 00:07:10,240 Speaker 1: Hans Lonspakovski, who is the manager of the Election rom 113 00:07:10,560 --> 00:07:14,640 Speaker 1: Initiative at the Heritage Foundation, and Grisel ruiz Um, an 114 00:07:14,640 --> 00:07:18,800 Speaker 1: attorney at the Immigrant Legal Resource Center UM who is 115 00:07:18,800 --> 00:07:23,040 Speaker 1: specialized is obviously in immigration. Hans, we have this federal 116 00:07:23,080 --> 00:07:26,640 Speaker 1: statute UM that that we've been talking about. And we 117 00:07:26,760 --> 00:07:30,480 Speaker 1: also have California's bill now which would seem to restrict 118 00:07:30,520 --> 00:07:34,560 Speaker 1: the ability of UM of California employees to communicate with 119 00:07:34,560 --> 00:07:37,320 Speaker 1: the federal government. Is there a way to square those 120 00:07:37,320 --> 00:07:40,920 Speaker 1: two things? No, they're not. And in fact, that provision 121 00:07:40,960 --> 00:07:44,920 Speaker 1: of federal law that you just referenced, UM has been upheld. 122 00:07:45,400 --> 00:07:48,320 Speaker 1: You may recall a couple of years ago, UM, the 123 00:07:48,400 --> 00:07:52,400 Speaker 1: Justice Department went to court sued Arizona after it passed 124 00:07:52,480 --> 00:07:56,600 Speaker 1: a statute that required local and state law enforcement to 125 00:07:56,680 --> 00:08:00,920 Speaker 1: check on the immigration status of individuals they arrested and detained. UM. 126 00:08:00,960 --> 00:08:06,440 Speaker 1: The court upheld that provision and actually ruled against the 127 00:08:06,560 --> 00:08:11,239 Speaker 1: Justice Department's claim that such a requirement of violated federal 128 00:08:11,280 --> 00:08:13,360 Speaker 1: immigration law. In fact, that came out the opposite way. 129 00:08:13,400 --> 00:08:16,440 Speaker 1: So this federal provision has been upheld, and this state 130 00:08:16,520 --> 00:08:20,520 Speaker 1: provision in California violates that. And and again I mean 131 00:08:20,560 --> 00:08:24,000 Speaker 1: going going down to the bottom line here is UM. 132 00:08:24,120 --> 00:08:26,160 Speaker 1: Look in two thousand eleven, the g a O put 133 00:08:26,160 --> 00:08:29,040 Speaker 1: out a report, and it looked at the criminal histories 134 00:08:29,120 --> 00:08:33,280 Speaker 1: of over two hundred thousand criminal aliens who were in federal, 135 00:08:33,360 --> 00:08:36,120 Speaker 1: state and local prisons across the country. They had committed 136 00:08:36,559 --> 00:08:41,760 Speaker 1: three million criminal offenses, about fifty four percent of the 137 00:08:41,800 --> 00:08:45,880 Speaker 1: illegal aliens who are in prison across the country that 138 00:08:46,000 --> 00:08:48,760 Speaker 1: the federal government. Uh, you know, they have a program 139 00:08:48,800 --> 00:08:52,280 Speaker 1: where they provide reimbursement for some of the costs of incarceration. 140 00:08:54,120 --> 00:08:57,920 Speaker 1: Of the illegal aliens in that reimbursement program are all 141 00:08:58,040 --> 00:09:02,080 Speaker 1: in California. Uh. Fifty fifty of those inmates were in 142 00:09:02,160 --> 00:09:05,400 Speaker 1: jail for everything from drug dealing to assault the sex offenses. 143 00:09:05,440 --> 00:09:08,719 Speaker 1: The rest were in jail for things like homicide down 144 00:09:08,800 --> 00:09:13,000 Speaker 1: to weapons violations. And the vast majority of those convicted 145 00:09:13,040 --> 00:09:17,360 Speaker 1: criminals under this California law would be re released into 146 00:09:17,440 --> 00:09:22,600 Speaker 1: communities where they can again victimize families and others, rather 147 00:09:22,679 --> 00:09:25,520 Speaker 1: than being turned over to the federal government so they 148 00:09:25,520 --> 00:09:28,120 Speaker 1: can be deported. Not a single one of those three 149 00:09:28,200 --> 00:09:32,520 Speaker 1: million criminal offenses would have occurred if those illegal aliens 150 00:09:32,640 --> 00:09:36,600 Speaker 1: were not in the United States. And that Grizzel, I'll 151 00:09:36,760 --> 00:09:41,439 Speaker 1: like you to respond to the same question. Yeah sure, Um, 152 00:09:41,559 --> 00:09:44,400 Speaker 1: So thirteen seventy three s p. Fifty four is not 153 00:09:44,520 --> 00:09:46,959 Speaker 1: in violation of thirteen seventy three. So you go ahead 154 00:09:46,960 --> 00:09:48,680 Speaker 1: and you read thirteen seventy three, and it says that 155 00:09:48,760 --> 00:09:52,839 Speaker 1: local governments cannot pass a policy that prohibits the communication 156 00:09:52,920 --> 00:09:56,199 Speaker 1: of immigration status. So it is very narrow, it's very specific. 157 00:09:56,480 --> 00:09:59,600 Speaker 1: When you go through SP fifty four, it does provide 158 00:09:59,640 --> 00:10:02,240 Speaker 1: limited asians and a variety of things, for example, release 159 00:10:02,280 --> 00:10:05,800 Speaker 1: of someone's I uh, it's someone's really state, UM, you know, 160 00:10:05,960 --> 00:10:09,960 Speaker 1: maybe district seeing the release of someone's home addressed. But 161 00:10:10,160 --> 00:10:12,800 Speaker 1: nowhere in that in the bill does it restrict the 162 00:10:12,840 --> 00:10:16,800 Speaker 1: communication of immigration status specifically. And because of that, um 163 00:10:16,800 --> 00:10:19,920 Speaker 1: SB fifty four is not in violation of thirteen seventy three. 164 00:10:20,080 --> 00:10:22,200 Speaker 1: And then taking a step back, I really do think 165 00:10:22,240 --> 00:10:25,120 Speaker 1: it's it's so important to remember that we do have 166 00:10:25,240 --> 00:10:28,280 Speaker 1: safeguards already that exists in the criminal justice system to 167 00:10:28,320 --> 00:10:32,000 Speaker 1: address the the issues that that that my co presenter 168 00:10:32,200 --> 00:10:35,280 Speaker 1: is raising. So we already have UM, we have judges, 169 00:10:35,400 --> 00:10:39,040 Speaker 1: we have prosecutors, we have UM already a pretty aggressive 170 00:10:39,080 --> 00:10:41,600 Speaker 1: sentence in structure to address all of the issues that 171 00:10:41,640 --> 00:10:44,800 Speaker 1: are being they're being mentioned, and quite frankly, we've seen 172 00:10:45,679 --> 00:10:48,720 Speaker 1: time and time again terror family the part in violated 173 00:10:48,880 --> 00:10:51,199 Speaker 1: process in the name of public safety, and because ICE 174 00:10:51,280 --> 00:10:53,720 Speaker 1: is a civil agency, regretfully, they're not held to the 175 00:10:53,760 --> 00:10:57,960 Speaker 1: same constitutional standards as even our criminal justice system. Hans, 176 00:10:58,040 --> 00:10:59,600 Speaker 1: we have about thirty seconds UF, but I just want 177 00:10:59,600 --> 00:11:02,120 Speaker 1: to ask you a quick question about the executive order 178 00:11:02,120 --> 00:11:05,960 Speaker 1: that California is responding to here. You know, can the 179 00:11:06,000 --> 00:11:09,160 Speaker 1: President cut off all federal funding based on a violation 180 00:11:09,360 --> 00:11:12,320 Speaker 1: of this statue we've been talking about. Well, that's not 181 00:11:12,400 --> 00:11:15,840 Speaker 1: what they've proposed. What what? General Sessions came out and 182 00:11:15,880 --> 00:11:21,400 Speaker 1: said that no city with the sanctuary policy would be 183 00:11:21,600 --> 00:11:25,800 Speaker 1: entitled to get any of the discretionary grants that the 184 00:11:25,920 --> 00:11:30,400 Speaker 1: Justice Department gives out to local cities and town That's 185 00:11:30,400 --> 00:11:33,440 Speaker 1: a little over four billion dollars and that's entirely within 186 00:11:33,480 --> 00:11:36,760 Speaker 1: the discretion of the Attorney General as a decide who 187 00:11:36,800 --> 00:11:39,880 Speaker 1: gets those grants, and it makes perfect sense not to 188 00:11:39,920 --> 00:11:43,239 Speaker 1: give that money, which is intended to improve law enforcement, 189 00:11:43,600 --> 00:11:47,920 Speaker 1: to towns and cities that are in fact obstructing federal 190 00:11:48,040 --> 00:11:52,120 Speaker 1: law enforcement. Well, our thanks to Hans von Spakovski of 191 00:11:52,160 --> 00:11:55,520 Speaker 1: the Heritage Foundation and Graceies of the an attorney at 192 00:11:55,520 --> 00:11:58,360 Speaker 1: the Immigrant Legal Resource Centure for being with us today 193 00:11:58,360 --> 00:12:00,760 Speaker 1: on Bloomberg Law to talk about immigrant fition policy and 194 00:12:00,880 --> 00:12:03,760 Speaker 1: California possibly becoming a sanctuary state.