WEBVTT - Gold Card Visas & Can AOC Be Prosecuted? 0:00:02.759 --> 0:00:07.000 This is Bloomberg Law with June Grosso from Bloomberg Radio. 0:00:08.760 --> 0:00:11.840 It's not a green card, but a gold card that 0:00:11.960 --> 0:00:14.920 gets you a green card, and the price is five 0:00:14.960 --> 0:00:21.440 million dollars. We're going to be selling a gold card. 0:00:22.000 --> 0:00:23.880 You have a green card, this is a gold card. 0:00:24.520 --> 0:00:26.520 We're going to be putting a price on that card 0:00:26.560 --> 0:00:28.960 of about five million dollars and that's going to give 0:00:28.960 --> 0:00:30.360 you Green card privileges. 0:00:30.440 --> 0:00:33.400 Plus it's going to be a rap to citizenship. 0:00:33.640 --> 0:00:37.680 It's a hefty price tag and replaces a current program 0:00:37.920 --> 0:00:41.600 that offers US visas to investors who spend about one 0:00:41.680 --> 0:00:45.680 million dollars on a company that employs at least ten people. 0:00:46.080 --> 0:00:48.879 The US wouldn't be the first country to offer so 0:00:49.080 --> 0:00:53.680 called golden visas. Joining me is immigration law expertly on Fresco, 0:00:53.960 --> 0:00:56.760 a partner at Holland and Knight. Leon tell us about 0:00:56.760 --> 0:00:59.280 the program that's in place now. 0:01:00.040 --> 0:01:03.280 There's a program called the EB five program that allows 0:01:03.320 --> 0:01:07.520 people to basically use their wealth to obtain lawful permanent residency. 0:01:08.080 --> 0:01:10.360 And it does it in one of two ways. Either 0:01:10.520 --> 0:01:15.040 you can invest in your own company that creates ten 0:01:15.080 --> 0:01:18.039 American jobs, and you can invest one point eight million 0:01:18.120 --> 0:01:21.600 dollars into that company, and that will allow you to 0:01:21.600 --> 0:01:24.600 get a green card, although that process takes about five 0:01:24.720 --> 0:01:27.360 years to do that. Or you can invest in what's 0:01:27.360 --> 0:01:31.320 called a regional center, which is a previously approved project. 0:01:31.520 --> 0:01:36.480 These projects get permission from the Immigration Service to actually 0:01:36.600 --> 0:01:40.319 market themselves as pre approved projects, and there are things 0:01:40.400 --> 0:01:43.000 that have been used in the past, like Hudson Yards 0:01:43.040 --> 0:01:45.479 in the West End of New York or the Comcast 0:01:45.520 --> 0:01:50.040 Center in Philadelphia. And what happens is if you invest 0:01:50.240 --> 0:01:52.200 right now used to be five hundred thousand, now it's 0:01:52.240 --> 0:01:56.400 eight hundred thousand dollars in those projects, then you get 0:01:56.400 --> 0:01:58.640 a share of the project and a share of the 0:01:58.760 --> 0:02:02.000 job creation of that which is the ten jobs again 0:02:02.080 --> 0:02:04.440 that are needed to create it, and you can obtain 0:02:04.480 --> 0:02:07.160 a green card. And so what President Trump is talking 0:02:07.200 --> 0:02:12.320 about is, although unclear, either some sort of enhancement or 0:02:12.400 --> 0:02:15.480 improvement or change to the program. 0:02:16.040 --> 0:02:19.360 We don't know much about the specifics, like how he 0:02:19.440 --> 0:02:21.120 intends to do this. 0:02:21.680 --> 0:02:24.639 So this is what's a bit unclear, and so there's 0:02:24.680 --> 0:02:28.880 a lot of permutations and possibilities here. The first is 0:02:29.000 --> 0:02:32.040 that the EB five program is always, for whatever reason, 0:02:32.080 --> 0:02:36.120 a program that expires and continues to need to be reauthorized. 0:02:36.600 --> 0:02:39.440 So one simple message that President Trump may end up 0:02:39.480 --> 0:02:43.480 delivering is, look, when this program expires again in twenty 0:02:43.520 --> 0:02:47.160 twenty seven, don't expect me to reauthorize it. I want 0:02:47.160 --> 0:02:49.760 to replace it with a new program. And the new 0:02:49.800 --> 0:02:53.480 program will be rather than having this job creating investment 0:02:53.760 --> 0:02:57.520 which doesn't actually accrue to the federal budget, I want 0:02:57.520 --> 0:02:59.640 the money to accrue to the federal budget. So I 0:02:59.680 --> 0:03:02.519 want you just to pay need five million dollars and 0:03:02.600 --> 0:03:05.080 you don't get that money back. It's not an investment, 0:03:05.760 --> 0:03:08.679 and we use it to pay down some sort of 0:03:08.720 --> 0:03:13.960 the federal deficit. So that's one option, and it's not 0:03:14.120 --> 0:03:17.080 clear if that would just be a legislative replacement, and 0:03:17.400 --> 0:03:21.160 obviously if that's attempted, that's going to be something with 0:03:21.400 --> 0:03:24.880 quite a lot of political pushback because there's a lot 0:03:24.919 --> 0:03:26.639 of people who have a lot of money in these 0:03:26.680 --> 0:03:30.320 projects now. So that's one option. The second option may 0:03:30.320 --> 0:03:33.520 be that he will decide to use the parole authority 0:03:34.040 --> 0:03:37.560 to say I have the ability to parole anyone I want. 0:03:37.640 --> 0:03:39.840 I'm going to parole people into the country who do 0:03:39.920 --> 0:03:43.720 these five million dollar investments and then allow them to 0:03:43.720 --> 0:03:46.840 get access to the EB five program. For instance, the 0:03:46.840 --> 0:03:49.600 Obama administration did this and the Biden administration did this 0:03:49.960 --> 0:03:54.800 for something that was called an International Entrepreneur parole. So 0:03:54.840 --> 0:03:58.840 they can create a new parole program that allows people 0:03:58.920 --> 0:04:02.400 to come in and who do whatever they want. So 0:04:02.480 --> 0:04:04.880 in the Bison and in the Obama administration, it was 0:04:05.200 --> 0:04:07.680 start a new company with a certain amount of venture 0:04:07.720 --> 0:04:11.120 capital investment. Those people could come in on a parole. 0:04:11.640 --> 0:04:14.000 And so President Trump can say, if you would do 0:04:14.120 --> 0:04:16.359 this five million dollar investment, I'm going to bring you 0:04:16.400 --> 0:04:19.760 in on a parole. And what he can also do 0:04:20.279 --> 0:04:23.240 conceivably is say, anybody who comes in with this parole 0:04:23.440 --> 0:04:28.039 meets the requirements of the existing ED five statutes such 0:04:28.120 --> 0:04:32.080 that they can then adjust their status to lawful permanent residence. 0:04:32.120 --> 0:04:34.160 Now that will be subject to a law suit, the 0:04:34.320 --> 0:04:34.960 huge one. 0:04:35.360 --> 0:04:36.360 But he could try that. 0:04:36.640 --> 0:04:40.080 But what he can't do is create new green cards 0:04:40.120 --> 0:04:42.680 out of whole cloth. That he cannot do. He would 0:04:42.720 --> 0:04:46.440 have to try to sneak them in under the existing category. 0:04:47.160 --> 0:04:51.159 How many wealthy individuals are there around the world will 0:04:51.160 --> 0:04:55.279 pay five million dollars to get the pathway to citizenship. 0:04:55.800 --> 0:04:58.440 Well, here's what's very interesting about this. So the five 0:04:58.520 --> 0:05:01.840 million dollar mark is very very high. I don't know 0:05:01.880 --> 0:05:04.400 how high the demand will be for that at all. 0:05:04.720 --> 0:05:07.520 The annual cap at the moment is ten thousand green 0:05:07.560 --> 0:05:09.880 cards per year, and that cap is actually met and 0:05:10.120 --> 0:05:14.880 is oversubscribed because what happens is it's only one investment 0:05:14.920 --> 0:05:17.679 that's needed, so it's one eight hundred thousand dollars investment 0:05:17.720 --> 0:05:20.120 that's needed, and then you can bring your spouse and 0:05:20.160 --> 0:05:23.520 your children, and each person counts toward the ten thousand cap, 0:05:23.720 --> 0:05:26.520 so they fill the cap quite quickly. But at five million, 0:05:27.000 --> 0:05:31.480 I actually don't think that this number is realistic from 0:05:31.560 --> 0:05:33.880 the standpoint of how many people you would get to invest. 0:05:33.960 --> 0:05:36.600 I think it would end up being a very small number. 0:05:37.040 --> 0:05:39.400 And then here's the second thing, and this is sort 0:05:39.400 --> 0:05:42.520 of a tough conversation to have on immigration, but I 0:05:42.520 --> 0:05:46.840 think a truthful one, unfortunately, is when the President says, well, 0:05:46.960 --> 0:05:50.839 companies can use this money as an award to give 0:05:50.880 --> 0:05:55.719 people green cards to are employees. That's unfortunately not the 0:05:55.800 --> 0:05:59.800 history of the use of immigration employment visas it We're 0:05:59.800 --> 0:06:04.600 being honest. Typically, the companies want the visas in order 0:06:04.720 --> 0:06:08.480 to be able to control the employee and not allow 0:06:08.560 --> 0:06:11.480 them to have free agency. Which is what happens when 0:06:11.480 --> 0:06:14.000 they get a green card. So the idea that a 0:06:14.080 --> 0:06:18.080 company will pay five million dollars to allow employees to 0:06:18.160 --> 0:06:20.479 have free agency that they can lead whenever they want 0:06:20.720 --> 0:06:22.960 and work for a different company or start their own 0:06:23.000 --> 0:06:26.920 competitor company, it's not going to be realistic with what 0:06:27.000 --> 0:06:30.680 we've seen in the immigration laws. Typically, a lot of companies, 0:06:30.760 --> 0:06:32.920 even to this day, they say, oh, we need more 0:06:33.120 --> 0:06:35.960 H to one V visas. They don't say we need 0:06:36.000 --> 0:06:40.279 more green cards, because green cards means that that helps 0:06:40.279 --> 0:06:42.880 the worker and the worker gets to go wherever they want. 0:06:43.360 --> 0:06:46.040 And what the companies want, to believe it or not, 0:06:46.120 --> 0:06:49.200 are the visas that actually tether them to the companies. 0:06:49.720 --> 0:06:52.520 And so if we're being realistic about it, I do 0:06:52.640 --> 0:06:55.400 not see this five million dollar program ending up being 0:06:55.400 --> 0:06:56.560 a high demand program. 0:06:57.120 --> 0:07:02.000 Congress extended the EB five program until twenty twenty seven. 0:07:02.520 --> 0:07:06.320 So would no wealthy foreigner prefer to invest under that 0:07:06.440 --> 0:07:10.400 program rather than pay under the new golden visa? 0:07:11.320 --> 0:07:13.920 Well, why would anyone pay five million when they can 0:07:13.960 --> 0:07:17.200 currently pay eight hundred thousand. And that's where he will 0:07:17.200 --> 0:07:18.720 have to figure out, Okay, what am I going to 0:07:18.800 --> 0:07:22.560 do to disincentivize the eight hundred thousand part of this program. 0:07:22.920 --> 0:07:23.920 Am I going to wait till. 0:07:23.840 --> 0:07:27.760 Twenty twenty seven and just when it expires not reauthorize it, 0:07:27.880 --> 0:07:31.240 meaning you will have to use my five million dollar programs? 0:07:31.840 --> 0:07:34.680 Or is he going to use the Tribal band Statute 0:07:34.760 --> 0:07:37.280 which allows him to ban any non citizens, so even 0:07:37.320 --> 0:07:39.680 the green card or whatever. He can ban anything from 0:07:39.680 --> 0:07:42.080 coming into the United States, And so he may say, 0:07:42.120 --> 0:07:45.040 if you're outside the United States and you're trying to 0:07:45.040 --> 0:07:48.040 do this application process from abroad, I'm not going to 0:07:48.160 --> 0:07:50.040 let you do it now. That ban won't work for 0:07:50.120 --> 0:07:53.080 people who are already here, but the ban would work 0:07:53.120 --> 0:07:55.600 for people waiting for abroad. I mean, there will be 0:07:55.680 --> 0:07:56.640 litigation over that. 0:07:56.720 --> 0:08:00.080 So he's either going to have to get. 0:08:00.080 --> 0:08:02.920 Congress to change it when the program expires in twenty 0:08:02.960 --> 0:08:06.400 twenty seven, or try to force Congress's hand to change 0:08:06.400 --> 0:08:09.400 it now by using the ban authority in order to 0:08:09.400 --> 0:08:09.680 do that. 0:08:10.600 --> 0:08:15.840 There are golden visa programs in other countries, and some 0:08:15.920 --> 0:08:21.520 countries have discontinued them, like Spain, because having these programs 0:08:21.600 --> 0:08:22.920 drove up home prices. 0:08:23.640 --> 0:08:27.080 Is that possibility, Well, here's the thing, So the answer 0:08:27.160 --> 0:08:32.160 to that question is yes, Ridge Foreign investors can increase. 0:08:31.760 --> 0:08:34.679 The cost of housing. But the truth is that's already 0:08:34.720 --> 0:08:37.600 happened in the United States, meaning that ship has already sailed. 0:08:37.640 --> 0:08:40.559 If you go to Miami, that's happened with a large 0:08:40.600 --> 0:08:44.000 amount of foreign investors from Latin America. And if you 0:08:44.080 --> 0:08:46.079 go on the West Coast, you've seen that with a 0:08:46.160 --> 0:08:50.080 large number of foreign investors from Asia. And so from 0:08:50.120 --> 0:08:54.120 that standpoint, that's not something that's not happening. That's already happened, 0:08:54.400 --> 0:08:57.040 and so I don't think this program would be likely 0:08:57.160 --> 0:09:00.520 to increase that any further. If you are a wealthy 0:09:00.679 --> 0:09:03.880 person from abroad, you already have many options to live 0:09:03.880 --> 0:09:07.280 in the United States. You can do the EB five visa. 0:09:07.880 --> 0:09:10.400 You can do it's called an E too investment visa, 0:09:10.520 --> 0:09:13.120 which is where you come and you start a company 0:09:13.120 --> 0:09:15.320 and you invest in the United States and a company. 0:09:15.360 --> 0:09:17.520 Now that's not a green card, but it allows you 0:09:17.600 --> 0:09:20.320 to live here in the United States. You can actually 0:09:20.520 --> 0:09:23.760 transfer yourself from a company you have abroad to a 0:09:23.800 --> 0:09:26.120 new company you're going to start here in America, or 0:09:26.160 --> 0:09:28.800 a company that's already here. There actually are a lot 0:09:28.800 --> 0:09:32.720 of options already, and so from that standpoint, any person 0:09:32.800 --> 0:09:34.880 with money who wants to live in the United States 0:09:35.160 --> 0:09:38.319 can do that already, and so I don't think this 0:09:38.440 --> 0:09:42.840 fills a market need from that standpoint. But more importantly 0:09:42.880 --> 0:09:45.360 to your question, I don't think it adds a single 0:09:45.440 --> 0:09:47.840 person who's buying a house who wasn't already buying a 0:09:47.840 --> 0:09:49.200 house in the United States. 0:09:49.559 --> 0:09:54.320 As we've discussed many times, Trump promised this historic mass 0:09:54.400 --> 0:09:58.160 deportation of millions of immigrants and we haven't seen that. 0:09:58.760 --> 0:09:58.960 Well. 0:09:59.000 --> 0:10:01.600 I think you have to look at from a global 0:10:01.640 --> 0:10:05.600 assessment of what was possible, the pipeline of people who 0:10:05.679 --> 0:10:09.440 were eligible to be deported was very low in terms 0:10:09.480 --> 0:10:12.800 of what the Biden administration had left over by the 0:10:12.840 --> 0:10:15.079 time that President Trump was inaugurated. 0:10:15.440 --> 0:10:17.440 So from picking up from that. 0:10:17.360 --> 0:10:21.200 Low pipeline, they are increasing the pipeline of people that 0:10:21.240 --> 0:10:24.040 are being placed into removal proceedings. Now. In terms of 0:10:24.160 --> 0:10:28.920 actual removals outside the United States, that's going to be 0:10:28.960 --> 0:10:32.040 difficult because the only people they can remove right now 0:10:32.080 --> 0:10:36.000 are people either with final orders of removal who already 0:10:36.080 --> 0:10:40.600 had these final orders pending, or people who are such 0:10:40.679 --> 0:10:43.520 criminals that you can get them into court quickly, and 0:10:43.600 --> 0:10:48.440 there isn't a way for them to actually be eligible 0:10:48.480 --> 0:10:50.960 to be saved so that you can remove them very quickly. 0:10:51.320 --> 0:10:55.319 So what we've seen is a significant number of sort 0:10:55.320 --> 0:10:58.800 of media related viewings of people being picked up and 0:10:58.880 --> 0:11:02.320 moved abroad. But those numbers are not at the moment 0:11:02.480 --> 0:11:06.560 appreciably bigger than anything that was in for sure the 0:11:06.600 --> 0:11:10.880 Obama administration, but even sometimes during the Bide administration. Is 0:11:10.920 --> 0:11:14.440 it a higher focus, yes, higher intensity yes, And will 0:11:14.440 --> 0:11:17.520 it eventually yield more numbers, yes, But the problem is 0:11:18.200 --> 0:11:20.960 really to yield more numbers, you're going to have to 0:11:21.000 --> 0:11:24.360 take people through the immigration court system unless some of 0:11:24.400 --> 0:11:27.800 these other changes we're talking about are allowed to happen. 0:11:28.160 --> 0:11:31.360 But trying to take them through the immigration court system 0:11:31.440 --> 0:11:35.520 becomes very, very complicated because you have millions of cases 0:11:35.559 --> 0:11:38.199 in the backlog, you have cases being scheduled right now 0:11:38.440 --> 0:11:41.920 to twenty twenty nine, twenty thirty, and as you remove 0:11:42.040 --> 0:11:45.520 some of these legal statuses that people have, their next 0:11:45.559 --> 0:11:48.000 move is going to be to apply for asylum, which 0:11:48.040 --> 0:11:49.880 is only going to add to the number of cases 0:11:49.920 --> 0:11:50.640 in that system. 0:11:50.880 --> 0:11:54.680 Coming up next, can AOC be prosecuted for hosting on 0:11:54.880 --> 0:12:00.480 Know Your Rights seminar on immigration? This is bloomberg. We 0:12:00.559 --> 0:12:04.360 haven't seen the mass deportations of millions of immigrants that 0:12:04.520 --> 0:12:08.440 President Donald Trump campaigned on. So the Trump administration is 0:12:08.520 --> 0:12:12.320 now going to try fast track deportations of hundreds of 0:12:12.400 --> 0:12:16.240 thousands of migrants. I've been talking to immigration law expertly 0:12:16.360 --> 0:12:19.640 on Fresco, a partner at Holland and Knight, Leon tell 0:12:19.720 --> 0:12:21.559 Us about expedited removal. 0:12:22.120 --> 0:12:24.880 So here's what happened. So expedited removal has a bunch 0:12:24.880 --> 0:12:27.680 of different applications in a bunch of different contexts. So 0:12:28.080 --> 0:12:31.120 what it normally is for is you show up at 0:12:31.120 --> 0:12:34.640 the border with no status of any kind, or you 0:12:34.679 --> 0:12:37.280 show up at the airport somehow you've manage to sneak 0:12:37.280 --> 0:12:40.839 on a plane with no status of any kind. And 0:12:40.920 --> 0:12:43.640 so what we can do under the Expedited Removal Statute, 0:12:43.640 --> 0:12:46.280 which was passed in nineteen ninety six, is to say 0:12:46.280 --> 0:12:48.400 we don't need to take you through a fancy immigration 0:12:48.520 --> 0:12:53.240 court process. We can literally send you back immediately unless 0:12:53.280 --> 0:12:56.960 you claim that you're eligible for asylum, in which case 0:12:56.960 --> 0:12:58.880 we have to determine if you have a credible fear 0:12:59.280 --> 0:13:00.840 and if you do that, and we have to put 0:13:00.880 --> 0:13:03.600 you in that asylum process. So then that clows it down. 0:13:04.040 --> 0:13:06.360 So here's the thing. That's how we've always applied it. 0:13:06.400 --> 0:13:09.640 But the statue theoretically allows it to be applied for 0:13:09.720 --> 0:13:12.280 people who've been here less than two years. Now what 0:13:12.360 --> 0:13:15.520 gets icy is if you do it for people who 0:13:15.600 --> 0:13:18.800 snuck across the border, you start getting into this debate 0:13:18.840 --> 0:13:21.920 about how long they were here, and that becomes messy. 0:13:22.160 --> 0:13:25.240 But it isn't the case for the people that the 0:13:25.280 --> 0:13:28.760 Biden administration paroled into the United States. So, if you 0:13:28.800 --> 0:13:31.800 may recall, the Biden administration did this think called the 0:13:31.920 --> 0:13:36.120 CCH and Z Parole, the Cuban, Haitian, Nicaragua and Venezuelan Parole, 0:13:36.480 --> 0:13:38.760 where it was letting in during the last two years 0:13:38.760 --> 0:13:42.080 of the Biden administration thirty thousand people per month from 0:13:42.120 --> 0:13:45.240 these countries under the idea that if we let people 0:13:45.240 --> 0:13:48.000 in legally, then they won't come illegally through the border, 0:13:48.040 --> 0:13:52.120 they'll just wait and come legally. Well, we know the 0:13:52.240 --> 0:13:56.000 exact date those people entered the United States, and so. 0:13:56.040 --> 0:13:58.079 The idea would be anybody who. 0:13:58.040 --> 0:14:03.400 Entered with one of those paroles will be unparoled, because 0:14:03.400 --> 0:14:05.640 parole is actually a status that can be revoked at 0:14:05.679 --> 0:14:08.960 any second and give in an expedited removal order. So 0:14:09.040 --> 0:14:11.920 that's going to be the idea that the Trump administration 0:14:12.040 --> 0:14:14.600 says it's going to pursue. So I will try to 0:14:14.679 --> 0:14:18.920 take all of these people, so the thirty thousand times twelve, 0:14:19.000 --> 0:14:21.760 which is four hundred and twenty thousand, and then maybe 0:14:21.920 --> 0:14:24.240 you know, maybe a little more than that, and revoke 0:14:24.280 --> 0:14:26.800 their paroles and try to get them out. Now, what 0:14:26.840 --> 0:14:30.400 will actually happen in practice, Well, for the Cubans, it's 0:14:30.440 --> 0:14:32.400 going to be very difficult to get them out because 0:14:32.400 --> 0:14:34.760 there's this thing called the Cuban Adjustment Act, which says 0:14:34.760 --> 0:14:37.240 once they've been here for a year, they're eligible for 0:14:37.280 --> 0:14:40.680 a green card. And so if they've been here longer 0:14:40.720 --> 0:14:42.120 than a year, you're not going to be able to 0:14:42.560 --> 0:14:44.880 solve that problem. And even if they've been here less 0:14:44.880 --> 0:14:47.400 than a year, then you're still going to have to 0:14:47.440 --> 0:14:49.520 try to figure out where you send those people to. 0:14:49.680 --> 0:14:52.280 And if nobody accepts them and Cuba doesn't accept them, 0:14:52.480 --> 0:14:55.120 and they get to stay here for a year, then 0:14:55.320 --> 0:14:57.520 once they hit that year number, they're eligible for the 0:14:57.560 --> 0:15:00.120 green card again. So that doesn't solve that problem. For 0:15:00.160 --> 0:15:03.600 the Nicaraguans and the Venezuelans, probably a large number of 0:15:03.600 --> 0:15:06.920 them will apply for asylum and so then they will 0:15:06.920 --> 0:15:10.840 be stuck in that large millions of cases backlog that's 0:15:10.880 --> 0:15:13.760 an immigration cord. And for the Haitians, even though they 0:15:13.800 --> 0:15:16.440 may not be eligible for asylum in many cases, they 0:15:16.520 --> 0:15:20.080 still probably apply. And I don't know how many you'll 0:15:20.120 --> 0:15:22.720 be able to get out in expedited removal. So really 0:15:22.760 --> 0:15:25.720 what ends up happening is, yes, you'll be able to 0:15:25.760 --> 0:15:28.600 get some number out who aren't sophisticated enough to then 0:15:28.720 --> 0:15:30.720 take this next step that I talked to you about. 0:15:31.200 --> 0:15:33.760 But for the people who are sophisticated enough to take 0:15:33.800 --> 0:15:36.160 the next step, what you really end up doing is 0:15:36.200 --> 0:15:40.240 you end up transferring them from a status where they 0:15:40.240 --> 0:15:42.840 were here on a parole now to a status where 0:15:42.840 --> 0:15:45.800 they're trying to seek asylum in the immigration cord. And 0:15:45.840 --> 0:15:48.960 now they're just adding two hundreds of thousands of more 0:15:49.000 --> 0:15:53.400 cases to millions of backlog cord. And so that puts 0:15:53.400 --> 0:15:55.360 strain on any new people you're going to try to 0:15:55.360 --> 0:15:57.080 put into the removal process. 0:15:57.400 --> 0:16:00.360 If Cubans can get a green card if they're here 0:16:00.440 --> 0:16:04.360 for a year, then that Binden program allowing a certain 0:16:04.440 --> 0:16:07.680 number of Cubans in legally basically meant that he was 0:16:07.720 --> 0:16:09.000 giving them a green card. 0:16:09.560 --> 0:16:11.880 Yes, there was this thing called the wet foot dry 0:16:11.960 --> 0:16:14.480 foot policy in the past that got taken away. But 0:16:14.600 --> 0:16:16.840 the point of that policy was as long as you 0:16:16.920 --> 0:16:21.200 were parolled or admitted into the United States under the 0:16:21.200 --> 0:16:24.240 Cuban Adjustment active, you then one year from that date 0:16:24.280 --> 0:16:28.160 that you were parolled or admitted you could actually get 0:16:28.200 --> 0:16:30.720 a green card. So because these Cubans didn't sneak in, 0:16:30.840 --> 0:16:34.520 but were actually parolled into the United States, they were 0:16:34.560 --> 0:16:37.440 allowed to then start that one year clock. So a 0:16:37.600 --> 0:16:40.000 large number of these Cubans will have reached the one 0:16:40.080 --> 0:16:42.520 year clock at some point and that will allow them 0:16:42.560 --> 0:16:45.480 to apply for a green card. And there's nothing that 0:16:45.520 --> 0:16:48.400 Trump administration would be able to do about that because. 0:16:48.600 --> 0:16:50.800 If they try to put them in deportation. 0:16:50.400 --> 0:16:53.120 Proceedings, they would obtain the green card in the deportation 0:16:53.280 --> 0:16:57.400 proceedings unless they're somehow not eligible, which only happens if 0:16:57.440 --> 0:17:01.800 you are a criminal or if you are known communists. 0:17:01.920 --> 0:17:06.280 So now the Haitians and the Venezuelans just filed a lawsuit. 0:17:06.320 --> 0:17:07.560 They're suing the choice. 0:17:08.320 --> 0:17:10.879 They'll end up just applying for asylum. Correct. They have 0:17:10.960 --> 0:17:15.720 no other choice because their temporary protective status has been removed, 0:17:16.200 --> 0:17:19.200 and litigation that's just been filed on that front trying 0:17:19.240 --> 0:17:23.000 to challenge the removal of the temporary protected status, saying, look, 0:17:23.040 --> 0:17:25.800 when under the statue you give it for eighteen months, 0:17:25.840 --> 0:17:28.040 you can't revoke it at that point. And I think 0:17:28.080 --> 0:17:30.240 that's going to be a very powerful argument. I will 0:17:30.280 --> 0:17:32.719 have to see what the courts say, but I do 0:17:32.800 --> 0:17:35.719 think it's a very powerful argument to say the eighteen 0:17:35.760 --> 0:17:38.719 months has to be honored at that point and you 0:17:38.800 --> 0:17:41.200 can't remove it. And then they make the same arguments 0:17:41.240 --> 0:17:44.280 that were made during the first Trump administration, which was, 0:17:44.320 --> 0:17:47.080 in addition, there's an equal protection violation because there was 0:17:47.200 --> 0:17:51.320 racial animates that played a role in removing the temporary 0:17:51.359 --> 0:17:54.200 protective status, and that one will have to wait and see. 0:17:54.480 --> 0:17:56.880 The Ninth Circuit agreed with that argument in the first 0:17:56.920 --> 0:17:59.600 Trump administration, so we'll have to see in the second 0:17:59.640 --> 0:18:02.639 Trump administration what the courts will say about. 0:18:02.359 --> 0:18:05.920 That work and how many years? Again is the backlog 0:18:06.000 --> 0:18:07.240 for asylum cases? 0:18:07.600 --> 0:18:10.720 Wow, I mean there's cases right now. If you get 0:18:10.760 --> 0:18:12.880 your case right now in a lot of the immigration 0:18:13.000 --> 0:18:15.920 courts in America and you're not in detention, you will 0:18:15.920 --> 0:18:19.000 have your asylum hearing in twenty thirty, twenty thirty one 0:18:19.080 --> 0:18:20.880 right now. And the big problem is, by the way, 0:18:20.880 --> 0:18:22.880 on that yeah, I mean, I mean, I have a 0:18:22.920 --> 0:18:25.280 client that just came to me the other day. They 0:18:25.320 --> 0:18:28.960 filed their asylum case in twenty ten, and now it's 0:18:29.000 --> 0:18:31.679 twenty twenty five. The whole world is completely different. 0:18:31.720 --> 0:18:36.880 Now. Another thing that Trump administration is trying is requiring 0:18:37.080 --> 0:18:39.680 all immigrants to register. Tell us about that. 0:18:40.119 --> 0:18:43.119 Well, So the registration requirement is as follows. It's the 0:18:43.240 --> 0:18:45.880 law that actually was created in the nineteen forties during 0:18:45.920 --> 0:18:49.080 the World War Two, and it said we wanted people 0:18:49.119 --> 0:18:51.840 to be able to register with the federal government so 0:18:51.880 --> 0:18:53.440 that we know who was who, we were able to 0:18:53.520 --> 0:18:56.040 keep track of people. But that law has sort of 0:18:56.080 --> 0:18:59.040 faded into oblivion and hasn't been used because it's been 0:18:59.040 --> 0:19:02.639 difficult to administer there. But the idea is, if you 0:19:02.680 --> 0:19:05.760 didn't originally check in with a visa and fingerprints and 0:19:05.800 --> 0:19:09.520 everything else, meaning you unlawfully cross the border. Now the 0:19:09.600 --> 0:19:11.919 idea is you're going to have to register so that 0:19:11.960 --> 0:19:15.919 we can get some understanding of who's here legally or not. 0:19:16.480 --> 0:19:18.840 And then if you fail to register, you can actually 0:19:18.880 --> 0:19:23.080 be subject to criminal prosecution for failure to register or 0:19:23.119 --> 0:19:25.560 if you don't have your documents with you, you can 0:19:25.600 --> 0:19:28.360 be subject to criminal prosecution for failure to have your 0:19:28.359 --> 0:19:31.480 documents with you. And so the idea of behind that 0:19:31.640 --> 0:19:34.560 is twofold number one. If you can arrest people for 0:19:34.640 --> 0:19:40.440 doing that, that certainly creates a bigger sort of deterrence 0:19:40.680 --> 0:19:43.199 factor which tells people, look, you don't want to be 0:19:43.280 --> 0:19:46.399 here if you're here unlawfully, because you're subject to arrest 0:19:46.440 --> 0:19:51.359 at any time. So that adds tension. But secondly, and 0:19:51.560 --> 0:19:56.200 more importantly, what it does is it creates a rhetoric 0:19:56.440 --> 0:19:58.879 where you know, many times people are having this debate, 0:19:59.119 --> 0:20:02.160 are you here elite? Does that mean you're a criminal 0:20:02.240 --> 0:20:05.679 or not? Well, if you actually create this registration requirement 0:20:05.720 --> 0:20:09.280 and people failed to register, then you can rhetorically call 0:20:09.359 --> 0:20:13.119 people criminals and you're not in the wrong anymore because 0:20:13.119 --> 0:20:14.879 you're allowed to say every one of these people who 0:20:14.920 --> 0:20:16.280 didn't register is a criminal. 0:20:16.840 --> 0:20:21.240 Let's talk about borders. Are Tom Homan and New York 0:20:21.240 --> 0:20:27.240 Democratic Representative Alexandria Ocasio Cortes. So Holman has been making 0:20:27.800 --> 0:20:32.640 veiled threats, I'd say because aoc held Unno Your Rights 0:20:32.880 --> 0:20:36.600 seminar for Immigrants is there anything wrong with her doing that. 0:20:37.160 --> 0:20:40.240 So here's the complication. You may recall we spoke a 0:20:40.320 --> 0:20:43.840 year ago about a Supreme Court case that actually dealt 0:20:43.840 --> 0:20:47.440 with this inducing statue where there was this lawyer who 0:20:47.520 --> 0:20:51.680 had this kakameni scheme to defraud people in order to 0:20:51.840 --> 0:20:54.080 get them to stay into the United States. He said, look, 0:20:54.080 --> 0:20:56.720 if you painting this money, I can file this crazy 0:20:56.760 --> 0:21:00.359 application and you can stay. And he got prosecuted under 0:21:00.359 --> 0:21:03.640 the statue which says it's illegal to induce people who 0:21:03.640 --> 0:21:07.000 are here without status to either remain or to enter 0:21:07.040 --> 0:21:10.000 the United States. And the Ninth Circuit I actually declared 0:21:10.000 --> 0:21:14.439 that statute unconstitutional as vague, and the Supreme Court was 0:21:14.440 --> 0:21:16.840 actually having arguments about this, saying, what if you just 0:21:16.920 --> 0:21:20.280 ask your grandmother, Hey, grandma, please don't leave the country. 0:21:20.320 --> 0:21:20.800 I love you. 0:21:21.400 --> 0:21:24.159 Stay. You know you're a US citizen because you were 0:21:24.160 --> 0:21:27.159 born here, but you have this undocumented grandma, and you 0:21:27.240 --> 0:21:30.600 say that, could this be a prosecution? And the DOJ 0:21:30.800 --> 0:21:32.919