1 00:00:02,759 --> 00:00:07,000 Speaker 1: This is Bloomberg Law with June Grossel from Bloomberg Radio. 2 00:00:08,880 --> 00:00:12,240 Speaker 2: The answer is, I always abide by the courts, always 3 00:00:12,280 --> 00:00:15,360 Speaker 2: abide by it, and will appeal. I never did deify 4 00:00:15,400 --> 00:00:18,000 Speaker 2: a court owner. Well, I always abide by the courts, 5 00:00:18,000 --> 00:00:19,280 Speaker 2: and then I'll have to appeal it. 6 00:00:19,440 --> 00:00:23,120 Speaker 3: President Trump has said several times that he always obeys 7 00:00:23,200 --> 00:00:27,280 Speaker 3: court orders. But there's evidence that his administration has not 8 00:00:27,320 --> 00:00:31,159 Speaker 3: been obeying the courts, even the Supreme Court, and it 9 00:00:31,200 --> 00:00:35,040 Speaker 3: appears that justices have had enough. Thus, the Court issued 10 00:00:35,080 --> 00:00:40,360 Speaker 3: an emergency order with incredible speed in extraordinary circumstances on 11 00:00:40,479 --> 00:00:44,400 Speaker 3: Saturday at one in the morning, within just eight hours 12 00:00:44,440 --> 00:00:48,080 Speaker 3: of getting an application, before the government could even file 13 00:00:48,120 --> 00:00:52,040 Speaker 3: its response, before the Fifth Circuit could issue its decision, 14 00:00:52,440 --> 00:00:56,760 Speaker 3: and before Justice Samuel Alito could write his dissent, the 15 00:00:57,040 --> 00:01:00,680 Speaker 3: justices directed the government not to remove a group of 16 00:01:00,760 --> 00:01:05,280 Speaker 3: Venezuelan detainees from the United States until further order of 17 00:01:05,319 --> 00:01:10,720 Speaker 3: the Court. Only the two most conservative justices dissented. Joining 18 00:01:10,720 --> 00:01:14,080 Speaker 3: me is constitutional law expert Michael Dorf, a professor at 19 00:01:14,080 --> 00:01:17,800 Speaker 3: Cornell Law School, Mike disorder in the middle of the night, 20 00:01:18,160 --> 00:01:21,080 Speaker 3: without waiting for the government's response, without waiting for the 21 00:01:21,120 --> 00:01:25,280 Speaker 3: Fifth Circuit's decision and without waiting for Justice Alito to 22 00:01:25,319 --> 00:01:29,440 Speaker 3: write his dissent. Does this show that the Justices don't 23 00:01:29,480 --> 00:01:32,679 Speaker 3: trust the Trump administration to obey their orders? 24 00:01:33,360 --> 00:01:39,120 Speaker 1: Absolutely. The Court had in an earlier case said that 25 00:01:39,280 --> 00:01:44,320 Speaker 1: the government should not remove any of the Venezuelans without 26 00:01:44,560 --> 00:01:48,080 Speaker 1: first giving them notice and an opportunity to file a 27 00:01:48,080 --> 00:01:53,160 Speaker 1: habeas corpus petition. Here, the Venezuelans who are being held 28 00:01:53,200 --> 00:01:56,840 Speaker 1: in Texas received notices in English, which most of them 29 00:01:56,840 --> 00:02:00,680 Speaker 1: don't speak or read, saying that they would be removed imminitely. 30 00:02:00,920 --> 00:02:03,560 Speaker 1: There was no mention of the right to file a 31 00:02:03,600 --> 00:02:07,000 Speaker 1: havieas petition, and so when somebody got in touch with 32 00:02:07,040 --> 00:02:11,320 Speaker 1: the ACLU, the lawyers moved as quickly as they could. 33 00:02:11,720 --> 00:02:14,799 Speaker 1: When the Federal District Judd didn't act within just over 34 00:02:14,840 --> 00:02:18,760 Speaker 1: two hours, they realized that the government might move the 35 00:02:18,840 --> 00:02:20,960 Speaker 1: case by taking these people out of the country sending 36 00:02:20,919 --> 00:02:23,799 Speaker 1: them Tel Salvador, and so they went to the Supreme 37 00:02:23,840 --> 00:02:28,200 Speaker 1: Court seeking emergency relief. And the fact that the Justices 38 00:02:28,280 --> 00:02:30,880 Speaker 1: acted when they did in the middle of the night 39 00:02:31,440 --> 00:02:34,200 Speaker 1: so quickly without the response, as you say, I think 40 00:02:34,240 --> 00:02:37,680 Speaker 1: clearly indicates at least said injustice is felt the same 41 00:02:37,720 --> 00:02:41,000 Speaker 1: way as the lawyers did for these. 42 00:02:40,919 --> 00:02:43,559 Speaker 4: Venezuelans, namely, the government couldn't. 43 00:02:43,240 --> 00:02:48,080 Speaker 1: Be trusted to abide by the justice's previous command. 44 00:02:48,880 --> 00:02:51,720 Speaker 3: Would you think things were happening behind the scenes that 45 00:02:51,760 --> 00:02:55,480 Speaker 3: they didn't wait for Alito's dissent to be written, which 46 00:02:55,520 --> 00:02:56,359 Speaker 3: they usually do. 47 00:02:57,000 --> 00:03:00,000 Speaker 5: But behind the scenes, if you mean, were the justices 48 00:03:00,080 --> 00:03:03,400 Speaker 5: consulting with one another about whether to release the order 49 00:03:03,880 --> 00:03:07,160 Speaker 5: and then have a descent published the next day. I'm 50 00:03:07,200 --> 00:03:10,400 Speaker 5: sure there was discussion of that. I don't think that's 51 00:03:10,440 --> 00:03:13,520 Speaker 5: in any way, you know, suspicious. 52 00:03:13,000 --> 00:03:15,680 Speaker 1: Or not that unusual. If you have something in a 53 00:03:15,720 --> 00:03:19,880 Speaker 1: cruly emergency posture and someone who is going to descend 54 00:03:19,880 --> 00:03:25,079 Speaker 1: from the Court's disposition needs time to write, then you say, okay, 55 00:03:25,120 --> 00:03:28,680 Speaker 1: well write later. There have been occasions when the Court 56 00:03:29,080 --> 00:03:33,440 Speaker 1: as a whole has acted and then the opinion for 57 00:03:33,520 --> 00:03:36,240 Speaker 1: the majority comes out a few hours or a few 58 00:03:36,320 --> 00:03:40,120 Speaker 1: days later, because they recognized the need to act quickly. 59 00:03:40,760 --> 00:03:44,760 Speaker 3: It was a short order, eleven lines, no explanation, but 60 00:03:45,080 --> 00:03:50,520 Speaker 3: Justice Alito's scathing descent was five pages. He objected to 61 00:03:50,600 --> 00:03:56,160 Speaker 3: granting unprecedented and legally questionable relief because we had no 62 00:03:56,280 --> 00:04:00,240 Speaker 3: good reason to think that under the circumstances, issue in 63 00:04:00,440 --> 00:04:04,280 Speaker 3: order at midnight was necessary or appropriate. Does this mean 64 00:04:04,320 --> 00:04:06,880 Speaker 3: he still believes that the Trump administration is listening to 65 00:04:07,120 --> 00:04:07,960 Speaker 3: orders of courts. 66 00:04:08,480 --> 00:04:12,080 Speaker 1: Well, it either means that he believes that or he 67 00:04:12,160 --> 00:04:15,960 Speaker 1: doesn't care, right, I mean, he might think that whether 68 00:04:16,160 --> 00:04:21,240 Speaker 1: or not the administration is going to comply, we meaning 69 00:04:21,279 --> 00:04:25,320 Speaker 1: the court, have to abide by our prescedural rules, and 70 00:04:25,360 --> 00:04:28,200 Speaker 1: got every eye across every t In fact, what he 71 00:04:28,279 --> 00:04:30,799 Speaker 1: said at the end of his opinion was his descent, 72 00:04:31,080 --> 00:04:33,840 Speaker 1: was you know, the executive branch needs to apply to 73 00:04:33,920 --> 00:04:36,599 Speaker 1: the law, but so do we. What he didn't say, 74 00:04:36,600 --> 00:04:38,800 Speaker 1: of course, was well, what happens if the executive branch 75 00:04:39,000 --> 00:04:43,120 Speaker 1: isn't complying with judicial orders? Does that mean, as the 76 00:04:43,200 --> 00:04:47,839 Speaker 1: majority clearly thought, that you take extraordinary measures. 77 00:04:48,320 --> 00:04:51,400 Speaker 3: For quite some time now, courts have been listening to 78 00:04:52,000 --> 00:04:56,680 Speaker 3: DOJ lawyers either not give them answers or just blatantly 79 00:04:57,000 --> 00:05:01,400 Speaker 3: lie about what's happening. The DOJ lawyers multiple courts that 80 00:05:01,440 --> 00:05:04,800 Speaker 3: they didn't intend to deport the migrants on Friday or Saturday. 81 00:05:04,839 --> 00:05:05,279 Speaker 1: And what is this? 82 00:05:05,360 --> 00:05:09,600 Speaker 3: Due to the credibility of the DOJ in federal courts, I. 83 00:05:09,520 --> 00:05:13,080 Speaker 1: Think it's a serious blow to that credibility that was 84 00:05:13,160 --> 00:05:17,719 Speaker 1: already quite weak. You know, there's some evidence that the 85 00:05:17,920 --> 00:05:22,960 Speaker 1: lawyers who are appearing in court are not fully informed 86 00:05:23,080 --> 00:05:27,360 Speaker 1: about what the decision makers and the Trump administration plan 87 00:05:27,520 --> 00:05:31,000 Speaker 1: to do or have done already. So you know, it's 88 00:05:31,080 --> 00:05:35,080 Speaker 1: possible to have some sympathy for some of those lawyers, although, 89 00:05:35,080 --> 00:05:39,240 Speaker 1: of course, when one of the lawyers frankly admitted that 90 00:05:39,360 --> 00:05:44,039 Speaker 1: he was soon thereafter removed by Attorney General Bondi. So 91 00:05:44,320 --> 00:05:47,080 Speaker 1: it's clear that at the highest level of the Justice 92 00:05:47,080 --> 00:05:51,359 Speaker 1: Department there is no disagreement with what President Trump and 93 00:05:51,400 --> 00:05:53,719 Speaker 1: other actors in the administration are doing. So you know, 94 00:05:54,120 --> 00:05:57,720 Speaker 1: as I say, you configured perhaps some of the statements 95 00:05:57,960 --> 00:06:01,359 Speaker 1: that turn out to be false by Department lawyers to 96 00:06:02,120 --> 00:06:04,760 Speaker 1: their ignorance, but you know, not all of it. 97 00:06:05,279 --> 00:06:09,839 Speaker 3: President Trump and the administration continue to say that they'll 98 00:06:09,839 --> 00:06:14,200 Speaker 3: follow court orders. They're obeying court orders, although Trump did 99 00:06:14,279 --> 00:06:17,600 Speaker 3: complain Monday on being stymied at every turn by the 100 00:06:17,640 --> 00:06:21,440 Speaker 3: courts and argue that the administration can't hold trial for 101 00:06:21,640 --> 00:06:25,680 Speaker 3: migrants it plans to deport because it would hold them 102 00:06:25,760 --> 00:06:28,720 Speaker 3: up too much. I mean, so there's still this facade 103 00:06:28,839 --> 00:06:30,600 Speaker 3: of we're listening to court orders. 104 00:06:31,560 --> 00:06:34,640 Speaker 1: Yeah, so there's a lot there. First, I think it's 105 00:06:34,680 --> 00:06:40,359 Speaker 1: inarguable that they are not fully complying with orders of 106 00:06:40,400 --> 00:06:43,480 Speaker 1: the lower courts, and there is pretty good evidence that 107 00:06:43,520 --> 00:06:47,120 Speaker 1: they are not complying in good faith with the Supreme Court. So, 108 00:06:47,440 --> 00:06:52,440 Speaker 1: in addition to not giving the Venezuelans the notice to 109 00:06:52,480 --> 00:06:57,520 Speaker 1: which they are entitled, the administration in the Abrago Garcia 110 00:06:57,600 --> 00:07:03,480 Speaker 1: case has flatly refused us to comply with its obligation 111 00:07:04,080 --> 00:07:07,560 Speaker 1: said by the Supreme Court to facilitate his return. With 112 00:07:07,680 --> 00:07:11,400 Speaker 1: respect to the President's claim that, you know, giving these 113 00:07:11,480 --> 00:07:15,840 Speaker 1: migrants due process would be a too onerous burden that 114 00:07:15,960 --> 00:07:19,000 Speaker 1: assumes that what they're entitled to is a kind of 115 00:07:19,120 --> 00:07:22,800 Speaker 1: full dress criminal trial. But that's not true. There are 116 00:07:23,440 --> 00:07:29,320 Speaker 1: statutory guidelines that allow for very much expedited hearings, but 117 00:07:29,400 --> 00:07:32,360 Speaker 1: they do require some kind of a hearing. You can't just, 118 00:07:32,760 --> 00:07:36,560 Speaker 1: you know, have people in unmarked than scooping people up 119 00:07:36,600 --> 00:07:38,960 Speaker 1: off the street and then shipping them off to a 120 00:07:38,960 --> 00:07:43,000 Speaker 1: foreign country that's not even their home country, when there are, 121 00:07:43,280 --> 00:07:46,920 Speaker 1: as an Abregio Garcia's case, court orders forbidding that, or, 122 00:07:47,000 --> 00:07:50,000 Speaker 1: as in some of these other cases, no real evidence 123 00:07:50,360 --> 00:07:54,240 Speaker 1: that they are subject to deportation at this point, right, 124 00:07:54,440 --> 00:07:57,920 Speaker 1: it's simply not true that you have to have a 125 00:07:58,040 --> 00:08:00,920 Speaker 1: full dress trial before you can room with somebody. Now, 126 00:08:00,960 --> 00:08:04,360 Speaker 1: having said that, President Trump is right that if he 127 00:08:04,440 --> 00:08:09,560 Speaker 1: were to attempt the kind of massive deportation of everybody 128 00:08:09,880 --> 00:08:14,000 Speaker 1: in the United States who entered undocumented, that it would 129 00:08:14,040 --> 00:08:17,720 Speaker 1: be difficult to do that in a timely manner because 130 00:08:17,960 --> 00:08:20,760 Speaker 1: there are procedures that have to be followed. But he 131 00:08:20,840 --> 00:08:23,960 Speaker 1: also doesn't have the manpower, he doesn't have the budget 132 00:08:24,160 --> 00:08:25,640 Speaker 1: do anything like that anyway. 133 00:08:26,240 --> 00:08:31,400 Speaker 3: With the Brigo Garcia, Trump and other administration officials seem 134 00:08:31,440 --> 00:08:33,800 Speaker 3: to be making it clear that they have no plans 135 00:08:34,720 --> 00:08:38,600 Speaker 3: to return him to the United States, and they're instead 136 00:08:38,960 --> 00:08:44,199 Speaker 3: playing this game of blaming it on the l Salvador President. 137 00:08:44,840 --> 00:08:46,520 Speaker 1: Yeah, I mean, I think that is a game. I 138 00:08:46,520 --> 00:08:50,520 Speaker 1: think that is in pretty clear defiance of at least 139 00:08:50,640 --> 00:08:53,800 Speaker 1: the federal district judges order. Now, you can say that 140 00:08:53,880 --> 00:08:56,959 Speaker 1: in the earlier case that all the Supreme Court did 141 00:08:57,440 --> 00:09:01,719 Speaker 1: was to ask the federal district judge to clarify what 142 00:09:01,840 --> 00:09:06,720 Speaker 1: she meant by facilitate. But you know, the court pretty 143 00:09:06,720 --> 00:09:11,760 Speaker 1: clearly approved of the obligation for facilitation, and you know, 144 00:09:11,760 --> 00:09:16,800 Speaker 1: there was a remarkable decision by a unanimous re judge 145 00:09:16,960 --> 00:09:21,400 Speaker 1: panel of the Fourth Circuit last week in which Judge J. 146 00:09:21,559 --> 00:09:25,240 Speaker 1: Harvey Wilkinson, the third who's a very conservative appointee of 147 00:09:25,400 --> 00:09:30,680 Speaker 1: Ronald Reagan, really called the administration to task for doing 148 00:09:30,800 --> 00:09:35,640 Speaker 1: literally nothing to facilitate a Brego Garcia's return and warned 149 00:09:35,679 --> 00:09:39,840 Speaker 1: in pretty ominous terms of the potential death of the 150 00:09:40,000 --> 00:09:43,360 Speaker 1: law here. So you know, in the face of that, 151 00:09:43,520 --> 00:09:48,800 Speaker 1: the Trump administration is continuing nonetheless to you know, simply 152 00:09:48,840 --> 00:09:52,439 Speaker 1: not do anything for Abrego Garcia. And what's so remarkable 153 00:09:52,480 --> 00:09:56,640 Speaker 1: about this is that, you know, they could say, well, 154 00:09:56,640 --> 00:09:59,880 Speaker 1: we're going to comply, and then ask the president of Ilseal, 155 00:10:00,679 --> 00:10:03,600 Speaker 1: hey can we have Abregiol Garcia back, and he might 156 00:10:03,640 --> 00:10:05,800 Speaker 1: then say, well, no, I'd really rather keep him because 157 00:10:05,840 --> 00:10:08,520 Speaker 1: after all, he is at El Salvador in national Now. 158 00:10:08,520 --> 00:10:11,679 Speaker 1: It's true we sent him back there by a mistake, 159 00:10:11,760 --> 00:10:14,880 Speaker 1: and there was a judicial order forbidding that, but that 160 00:10:15,120 --> 00:10:18,280 Speaker 1: order doesn't bind the government of El Salvador. But the 161 00:10:18,320 --> 00:10:21,680 Speaker 1: coup administration isn't even willing to ask, and they could 162 00:10:21,760 --> 00:10:24,240 Speaker 1: they could ask. This wouldn't be good faith compliance, but 163 00:10:24,280 --> 00:10:26,640 Speaker 1: they could ask while winking and then they could go 164 00:10:26,720 --> 00:10:28,400 Speaker 1: back to the judge and said, well, we asked and 165 00:10:28,440 --> 00:10:30,720 Speaker 1: he said no. But they're not even willing to do 166 00:10:30,760 --> 00:10:34,960 Speaker 1: that because they see this as a matter of power politics. 167 00:10:35,400 --> 00:10:38,720 Speaker 3: I mean, until now, the Conservatives have been giving Trump 168 00:10:38,920 --> 00:10:42,520 Speaker 3: narrow procedural wins that have allowed him to, for the 169 00:10:42,520 --> 00:10:45,960 Speaker 3: most part, run his agenda. Does this mark a turning 170 00:10:46,040 --> 00:10:50,880 Speaker 3: point in the majority's approach to the administration, I hope so. 171 00:10:51,240 --> 00:10:56,080 Speaker 1: I have been highly critical of the Roberts Court for 172 00:10:56,400 --> 00:11:00,440 Speaker 1: some time now for treating Donald Trump as an visual 173 00:11:00,480 --> 00:11:05,280 Speaker 1: and his administration in their official capacity, as normal, right, 174 00:11:05,440 --> 00:11:07,720 Speaker 1: treating them the way you would treat any president who 175 00:11:08,240 --> 00:11:10,960 Speaker 1: you know, occasionally pushes the edge of the envelope of 176 00:11:11,000 --> 00:11:14,960 Speaker 1: their authority, but then when subject to a ruling, complies, 177 00:11:15,000 --> 00:11:18,040 Speaker 1: which has been proof of every Democratic and Republican president, 178 00:11:18,360 --> 00:11:21,439 Speaker 1: you know, for as long as we can remember, accepting 179 00:11:21,480 --> 00:11:24,839 Speaker 1: you know, extraordinary circumstances like Lincoln during the Civil War, 180 00:11:25,000 --> 00:11:27,240 Speaker 1: something like that. But you see this the sort of 181 00:11:27,280 --> 00:11:31,000 Speaker 1: treating him as normal and thinking about you know, presidents 182 00:11:31,040 --> 00:11:33,800 Speaker 1: in general in a lot of circumstances. The one that 183 00:11:33,840 --> 00:11:37,160 Speaker 1: was sort of most disturbing to me was the immunity ruling. 184 00:11:37,240 --> 00:11:38,400 Speaker 4: Last year, which. 185 00:11:38,240 --> 00:11:39,600 Speaker 1: The Course said, well, you know, we don't want to 186 00:11:39,760 --> 00:11:43,160 Speaker 1: hamstring the president because in the future there might be 187 00:11:43,400 --> 00:11:46,000 Speaker 1: you know, sort of tit for tab retaliation against former 188 00:11:46,040 --> 00:11:48,640 Speaker 1: presidents back to lead to all sorts of trouble, sort 189 00:11:48,640 --> 00:11:51,920 Speaker 1: of thinking about the long term and ignoring what is 190 00:11:52,120 --> 00:11:55,360 Speaker 1: essentially an emergency right in front of them. And I 191 00:11:55,480 --> 00:11:57,560 Speaker 1: was a little concerned that that was what was going 192 00:11:57,600 --> 00:12:00,559 Speaker 1: on in the last few months, as this second job 193 00:12:00,600 --> 00:12:04,080 Speaker 1: administration proved to be much more radical than the first. 194 00:12:04,440 --> 00:12:07,480 Speaker 1: But it looks like and I'm hopeful that you know, 195 00:12:07,559 --> 00:12:11,679 Speaker 1: the Court is beginning to realize that they're not dealing with. 196 00:12:11,679 --> 00:12:16,320 Speaker 6: A normal, law abiding president and administration, but a you know, 197 00:12:16,360 --> 00:12:20,959 Speaker 6: a person who's seriously threatening constitutional democracy, and that they 198 00:12:21,000 --> 00:12:21,959 Speaker 6: need to stand up to him. 199 00:12:22,240 --> 00:12:25,160 Speaker 3: Last Thursday, the Court announced a special session on May 200 00:12:25,240 --> 00:12:31,120 Speaker 3: fifteenth to hear arguments on Trump's executive order upending birthright citizenship. 201 00:12:31,520 --> 00:12:34,160 Speaker 3: Why would the Court agree to hear a case like 202 00:12:34,280 --> 00:12:40,679 Speaker 3: that when Trump's executive order seems to obviously violate the Constitution. 203 00:12:41,440 --> 00:12:42,640 Speaker 5: Well, you know, the Court. 204 00:12:42,440 --> 00:12:47,120 Speaker 1: Did not take the case to decide the substantive issue, 205 00:12:47,200 --> 00:12:50,720 Speaker 1: but the Solicitor General didn't even ask the Court to 206 00:12:50,760 --> 00:12:54,319 Speaker 1: decide a substantive issue. All of the court is deciding 207 00:12:54,720 --> 00:12:59,200 Speaker 1: is the authority of a federal district judge to give 208 00:12:59,480 --> 00:13:03,680 Speaker 1: a so called nationwide injunction. That has been a long 209 00:13:03,800 --> 00:13:09,600 Speaker 1: running source of controversy actually in both Democratic and Republican administrations. 210 00:13:09,800 --> 00:13:15,480 Speaker 1: It's been frustrating to presidents of either party when a 211 00:13:15,520 --> 00:13:20,360 Speaker 1: single federal district judge, often selected by the plaintiffs because 212 00:13:20,720 --> 00:13:23,360 Speaker 1: they know their ideological leanings. You can do a little 213 00:13:23,400 --> 00:13:26,520 Speaker 1: bit of forum shopping or even judge shopping by deciding 214 00:13:26,520 --> 00:13:28,800 Speaker 1: where to file. But a single district judge sort of 215 00:13:28,840 --> 00:13:33,520 Speaker 1: sets nationwide policy, at least for the short run, and 216 00:13:33,600 --> 00:13:36,319 Speaker 1: so some of the justices have for a long time 217 00:13:36,880 --> 00:13:41,360 Speaker 1: been concerned about this phenomenon. I think that it's extremely 218 00:13:41,440 --> 00:13:46,400 Speaker 1: unlikely that the Court will in this case rule on 219 00:13:46,800 --> 00:13:50,920 Speaker 1: the birthright citizenship issue as a substantive matter. Now, that 220 00:13:50,960 --> 00:13:56,240 Speaker 1: doesn't stop the media or actually even President Pump from 221 00:13:56,440 --> 00:14:00,679 Speaker 1: portraying this as something else entirely. You know, as soon 222 00:14:00,720 --> 00:14:02,720 Speaker 1: as the Court announced that it was going to hear argument, 223 00:14:02,960 --> 00:14:06,400 Speaker 1: Trump said something like, well, you know, this is very misunderstood. 224 00:14:06,520 --> 00:14:09,800 Speaker 1: That's about slavery. He said by that he was referring 225 00:14:09,840 --> 00:14:14,520 Speaker 1: to the birthright citizenship clause of the fourteenth Amendment. So 226 00:14:14,800 --> 00:14:18,000 Speaker 1: he seems to think, or at least he's saying that 227 00:14:18,040 --> 00:14:20,800 Speaker 1: this case is about the substance, but it really isn't. 228 00:14:21,040 --> 00:14:26,480 Speaker 3: This goes along with the Trump administration's misinterpretation of even 229 00:14:26,520 --> 00:14:30,080 Speaker 3: the Supreme Court ruling on a Brigo Garcia. I mean, 230 00:14:30,080 --> 00:14:34,960 Speaker 3: you heard the Attorney General misinterpret the ruling and another 231 00:14:35,040 --> 00:14:38,840 Speaker 3: Trump deputy, Stephen Miller, say that they won that case. 232 00:14:39,200 --> 00:14:42,040 Speaker 1: So misinterpret is a very generous way to describe it. 233 00:14:42,120 --> 00:14:44,000 Speaker 5: I would say, lie about I. 234 00:14:43,920 --> 00:14:46,680 Speaker 1: Do think that, you know, in the case of Trump himself, 235 00:14:46,800 --> 00:14:50,560 Speaker 1: it is sometimes misinterpretation. He's not a lawyer, you know, 236 00:14:50,640 --> 00:14:54,360 Speaker 1: he never admits that he's wrong about anything, and so 237 00:14:54,400 --> 00:14:57,920 Speaker 1: in his case there's a kind of combination of ignorance 238 00:14:57,960 --> 00:15:01,200 Speaker 1: and willfulness. I think some of these other people clearly 239 00:15:01,320 --> 00:15:06,200 Speaker 1: know better, but they're counting on the you know, social 240 00:15:06,280 --> 00:15:10,400 Speaker 1: media and echo chambers and sort of Trump friendly media 241 00:15:10,720 --> 00:15:14,640 Speaker 1: to amplify their points without pointing out the way in 242 00:15:14,680 --> 00:15:16,880 Speaker 1: which they're you know, just simple lying. 243 00:15:17,440 --> 00:15:19,960 Speaker 3: So he's great to get your insights, Mike, thanks so much. 244 00:15:20,400 --> 00:15:24,600 Speaker 3: That's Professor Michael Dorff of Cornell Law School. Coming up next, 245 00:15:25,200 --> 00:15:28,560 Speaker 3: Foreign students are fighting back in court as the Trump 246 00:15:28,640 --> 00:15:33,600 Speaker 3: administration revokes Visa's I'm June Gross when you're listening to Bloomberg. 247 00:15:34,600 --> 00:15:38,360 Speaker 3: President Donald Trump and his administration are resisting a court 248 00:15:38,520 --> 00:15:42,960 Speaker 3: order to bring Kilmore Albrego Garcia, who was wrongly deported 249 00:15:42,960 --> 00:15:46,600 Speaker 3: to l Salvador, back to the US, claiming he's a 250 00:15:46,640 --> 00:15:48,760 Speaker 3: member of the MS thirteen gang. 251 00:15:49,280 --> 00:15:52,400 Speaker 2: They want this man to be brought back into our 252 00:15:52,400 --> 00:15:55,240 Speaker 2: country where he can be free, and to say as 253 00:15:55,240 --> 00:15:58,880 Speaker 2: a happily Maryland you know, happily they call him the 254 00:15:58,880 --> 00:16:04,480 Speaker 2: Maryland demand. He's a Maryland father. Now here's a violent person. 255 00:16:04,960 --> 00:16:08,960 Speaker 3: And Trump's borders are Tom Homan stands by the deportation 256 00:16:09,160 --> 00:16:13,200 Speaker 3: of hundreds of venezuel And in salvadornment to the maximum 257 00:16:13,240 --> 00:16:14,520 Speaker 3: security prison there. 258 00:16:14,960 --> 00:16:20,800 Speaker 4: I believe removing public safety tress and terras designated terrass 259 00:16:21,160 --> 00:16:22,600 Speaker 4: to that prison al Salvador. 260 00:16:23,000 --> 00:16:26,440 Speaker 3: My guest is immigration law expert Leon Fresco, a partner 261 00:16:26,440 --> 00:16:29,200 Speaker 3: at Holland and Knight. We've seen pictures of him with 262 00:16:29,560 --> 00:16:33,360 Speaker 3: a US senator. Supposedly he's been moved to a different prison. 263 00:16:33,760 --> 00:16:36,720 Speaker 3: What's happening in his case is the government making any 264 00:16:36,800 --> 00:16:38,320 Speaker 3: move to bring him back. 265 00:16:38,640 --> 00:16:40,840 Speaker 4: Well, the government is saying that they will never bring 266 00:16:40,920 --> 00:16:44,760 Speaker 4: him back. And what becomes complicated about that is what 267 00:16:44,840 --> 00:16:47,880 Speaker 4: if one day there actually is a court order that 268 00:16:48,120 --> 00:16:51,000 Speaker 4: orders him to come back. And the way that would 269 00:16:51,040 --> 00:16:52,720 Speaker 4: materialize would be as followed. 270 00:16:52,960 --> 00:16:53,400 Speaker 1: You have. 271 00:16:54,000 --> 00:16:58,680 Speaker 4: The District Court is engaging in discovery to find out what, when, where, 272 00:16:58,760 --> 00:17:02,080 Speaker 4: or how who would regard the compliance to the Supreme 273 00:17:02,080 --> 00:17:08,040 Speaker 4: Court's order to facilitate the reimportation of mister Abrago Garcia 274 00:17:08,160 --> 00:17:11,320 Speaker 4: back into the United States. The District Court doesn't think 275 00:17:11,359 --> 00:17:14,000 Speaker 4: at the moment that the government has done anything visa 276 00:17:14,080 --> 00:17:17,000 Speaker 4: VI that and the government is saying that it's not 277 00:17:17,040 --> 00:17:21,840 Speaker 4: doing anything visa VI trying to reimport mister Abrago Garcia 278 00:17:21,880 --> 00:17:24,879 Speaker 4: back into the United States. So they actually appeal this 279 00:17:24,960 --> 00:17:28,000 Speaker 4: determination to the Fourth Circuit. The Fourth Circuit in a 280 00:17:28,119 --> 00:17:32,919 Speaker 4: very strongly worded decision by Judge Harvey Wilkinson, the conservative judge, 281 00:17:33,320 --> 00:17:36,720 Speaker 4: said that he was not going to micromanage the District 282 00:17:36,720 --> 00:17:39,600 Speaker 4: Court and that it was very important that the government 283 00:17:40,040 --> 00:17:44,240 Speaker 4: actually follow the rule of law here and not try 284 00:17:44,320 --> 00:17:47,520 Speaker 4: to circumvent the rule of law. Is what is happening, 285 00:17:47,560 --> 00:17:51,159 Speaker 4: and so now the government hasn't taken that opinion and 286 00:17:51,280 --> 00:17:53,680 Speaker 4: tried to appeal it again to the Supreme Court because 287 00:17:53,720 --> 00:17:56,639 Speaker 4: I think they understand that it would be feudal until 288 00:17:56,640 --> 00:18:00,520 Speaker 4: there's some sort of feeing up as to what facilitates means. 289 00:18:00,520 --> 00:18:04,200 Speaker 4: The government is currently trying to argue that facilitation means 290 00:18:04,480 --> 00:18:07,199 Speaker 4: that if a brago Garcia actually can arrive at a 291 00:18:07,240 --> 00:18:11,360 Speaker 4: port of entry, that he'd be readmitted in knowing that 292 00:18:11,400 --> 00:18:13,840 Speaker 4: he's not going to be released from a detention facility 293 00:18:13,840 --> 00:18:16,760 Speaker 4: in Elsavador, so that that would not be possible. 294 00:18:17,440 --> 00:18:20,080 Speaker 3: And Leon, what's the main legal question going to be 295 00:18:20,119 --> 00:18:20,720 Speaker 3: in the case. 296 00:18:21,320 --> 00:18:24,960 Speaker 4: Here's the crux of it is the district court, then 297 00:18:25,080 --> 00:18:27,920 Speaker 4: followed by the appellate court, followed by the Supreme Court 298 00:18:28,280 --> 00:18:30,639 Speaker 4: going to rule that a brago Garcia is in the 299 00:18:30,760 --> 00:18:35,560 Speaker 4: constructive custody of the United States, meaning that but for 300 00:18:35,800 --> 00:18:40,199 Speaker 4: the United States paying for a Brego Garcia to be 301 00:18:40,240 --> 00:18:44,200 Speaker 4: in custody and having this arrangement with Alsavador to keep 302 00:18:44,240 --> 00:18:48,639 Speaker 4: a brago Garcia in custody, that he wouldn't be in custody. 303 00:18:48,840 --> 00:18:51,520 Speaker 4: And so that's going to be the question. And if 304 00:18:51,560 --> 00:18:54,679 Speaker 4: the court rules that a brago Garcia is in the 305 00:18:54,760 --> 00:18:59,040 Speaker 4: constructive custody of the United States, then they will say 306 00:18:59,160 --> 00:19:02,800 Speaker 4: that he needs to be released from that custody, and 307 00:19:02,880 --> 00:19:05,320 Speaker 4: by not doing that, the people who do not release 308 00:19:05,400 --> 00:19:08,520 Speaker 4: him from that custody will be held in contempt of court. 309 00:19:09,119 --> 00:19:13,240 Speaker 4: And that's where if the Trump administration doesn't comply with 310 00:19:13,320 --> 00:19:18,160 Speaker 4: that order, you get to your quote unquote potential constitutional crisis. 311 00:19:18,200 --> 00:19:21,439 Speaker 4: We're not there yet, and I think jud Cenis in 312 00:19:21,520 --> 00:19:25,240 Speaker 4: the District Court in Maryland is doing a very careful 313 00:19:25,359 --> 00:19:29,520 Speaker 4: job to try to develop the most fulsome record possible 314 00:19:29,600 --> 00:19:33,280 Speaker 4: of who, what, when, where, so that that determination when 315 00:19:33,320 --> 00:19:36,320 Speaker 4: it gets to the Supreme Court, everybody can know every 316 00:19:36,400 --> 00:19:40,119 Speaker 4: detail about how this arrangement was made with Elsavador, who's 317 00:19:40,160 --> 00:19:44,359 Speaker 4: paying for it, who's making the decisions, et cetera. But 318 00:19:44,800 --> 00:19:49,200 Speaker 4: if those facts are ultimately not shared, then it contempt 319 00:19:49,320 --> 00:19:52,280 Speaker 4: may happen from not sharing those facts. But that's what 320 00:19:52,359 --> 00:19:54,480 Speaker 4: this is really going to come down to. Is Abrego 321 00:19:54,560 --> 00:19:58,680 Speaker 4: Garcia in the constructive custody of the United States. If 322 00:19:58,680 --> 00:20:00,600 Speaker 4: he's not, then I I think it's going to be 323 00:20:00,720 --> 00:20:02,680 Speaker 4: very hard because the court is going to say, look, 324 00:20:02,720 --> 00:20:07,000 Speaker 4: if El Salvador has its own reason for detaining Abrego Garcia, 325 00:20:07,560 --> 00:20:09,840 Speaker 4: and that's the end of it. It's going to be 326 00:20:09,920 --> 00:20:11,840 Speaker 4: very hard for a court to do anything about that. 327 00:20:12,200 --> 00:20:15,399 Speaker 4: But if the court determines that he's in the constructive 328 00:20:15,440 --> 00:20:18,040 Speaker 4: custody of the United States, then they may hold the 329 00:20:18,119 --> 00:20:21,480 Speaker 4: people who refuse to release him from that custody in 330 00:20:21,560 --> 00:20:22,400 Speaker 4: contempt of court. 331 00:20:22,680 --> 00:20:25,080 Speaker 3: So this is sort of besides the point. But I 332 00:20:25,119 --> 00:20:27,480 Speaker 3: wanted to get your opinion on this. Do you think 333 00:20:27,480 --> 00:20:30,800 Speaker 3: that that picture of him sitting there in you know, 334 00:20:30,960 --> 00:20:34,760 Speaker 3: everyday close with a senator, you know, in a restaurant 335 00:20:34,760 --> 00:20:37,320 Speaker 3: of some kind, do you think that did more harm 336 00:20:37,400 --> 00:20:38,639 Speaker 3: than good to his cause? 337 00:20:39,560 --> 00:20:39,800 Speaker 1: Well? 338 00:20:39,840 --> 00:20:42,840 Speaker 4: I think the problem is regardless of what you think 339 00:20:42,840 --> 00:20:46,679 Speaker 4: about the picture, the truth remains the same, which is 340 00:20:46,680 --> 00:20:50,160 Speaker 4: he's in detention. And so the question is how long 341 00:20:50,240 --> 00:20:53,840 Speaker 4: is he supposed to be in detention for and what 342 00:20:54,040 --> 00:20:56,919 Speaker 4: is the reason for his detention. Even if he was 343 00:20:56,920 --> 00:21:00,679 Speaker 4: deported to al Savador, if he was walking around Elsavador, 344 00:21:00,880 --> 00:21:05,200 Speaker 4: presumably that would still be less compelling than the fact 345 00:21:05,200 --> 00:21:08,840 Speaker 4: that he's actually in detention for the foreseeable future. It's 346 00:21:08,880 --> 00:21:11,840 Speaker 4: not clear what he's in detention for and how long 347 00:21:11,880 --> 00:21:14,359 Speaker 4: he's supposed to be in there, and so those are 348 00:21:14,400 --> 00:21:17,200 Speaker 4: the determinations the courts are going to have to ultimately 349 00:21:17,280 --> 00:21:21,760 Speaker 4: make because one of the interesting facts here is it's 350 00:21:21,800 --> 00:21:24,680 Speaker 4: fair enough for the Trump administration to say, look, even 351 00:21:24,720 --> 00:21:27,040 Speaker 4: if you send him back, we're going to just send 352 00:21:27,119 --> 00:21:31,520 Speaker 4: him back again, which would be true because the reason 353 00:21:31,640 --> 00:21:35,679 Speaker 4: he was given deportation relief in the first place was 354 00:21:35,720 --> 00:21:39,159 Speaker 4: because he feared gang violence in al Savador. That actually, 355 00:21:39,240 --> 00:21:43,480 Speaker 4: Alsavador has done a very good job of reducing to 356 00:21:43,560 --> 00:21:46,280 Speaker 4: a very high extent, and they certainly have shown that 357 00:21:46,320 --> 00:21:50,240 Speaker 4: they're no longer unwilling or unable or incapable of preventing 358 00:21:50,280 --> 00:21:53,880 Speaker 4: gang violence in Alsavador. So that reason the government will 359 00:21:53,920 --> 00:21:55,439 Speaker 4: likely be able to show in a court is no 360 00:21:55,520 --> 00:21:58,520 Speaker 4: longer valid. But now if they have a new reason, 361 00:21:58,600 --> 00:22:01,639 Speaker 4: which is that he's going to be viewed as a terrorist, 362 00:22:02,040 --> 00:22:06,160 Speaker 4: which is what the president of al Savador said, he said, 363 00:22:06,160 --> 00:22:11,400 Speaker 4: why would I release a terrorist from my facility, then 364 00:22:11,920 --> 00:22:16,840 Speaker 4: that will be its own reason for relief from deportation, 365 00:22:16,960 --> 00:22:20,160 Speaker 4: which would have to then lead the administration to then 366 00:22:20,280 --> 00:22:24,919 Speaker 4: either send them to a non Alsavador country or withhold 367 00:22:24,960 --> 00:22:28,399 Speaker 4: his deportation again. So this is the problem that is 368 00:22:28,440 --> 00:22:30,879 Speaker 4: being faced by this case. It's presenting all sorts of 369 00:22:31,240 --> 00:22:34,359 Speaker 4: new challenges literally on a daily basis. So yes, the 370 00:22:34,400 --> 00:22:37,720 Speaker 4: picture is not helpful as a political matter, but the 371 00:22:37,760 --> 00:22:40,440 Speaker 4: courts are going to be looking at this prospectively and 372 00:22:40,560 --> 00:22:44,080 Speaker 4: asking what is his future in Al Savador if we 373 00:22:44,160 --> 00:22:46,960 Speaker 4: don't act, and then they will make determinations based off 374 00:22:47,000 --> 00:22:47,240 Speaker 4: of that. 375 00:22:47,880 --> 00:22:51,720 Speaker 3: So let's turn out to student visas, because over fifteen 376 00:22:51,800 --> 00:22:56,080 Speaker 3: hundred students foreign students have had their visas revoked, according 377 00:22:56,119 --> 00:22:59,240 Speaker 3: to Inside Higher Ed. Why are these visas being revoked. 378 00:23:00,119 --> 00:23:03,119 Speaker 4: Visas are being revoked for several reasons. The main and 379 00:23:03,240 --> 00:23:06,240 Speaker 4: initial reason that was in the news was because the 380 00:23:06,280 --> 00:23:11,040 Speaker 4: students had participated in violent protests on campus, whether it 381 00:23:11,119 --> 00:23:15,679 Speaker 4: was pro Hamas or other violent protests on campus, and 382 00:23:15,720 --> 00:23:18,800 Speaker 4: so the idea was that those students would have their 383 00:23:18,920 --> 00:23:22,160 Speaker 4: visas revoked. And when you revoke a visa, all that 384 00:23:22,200 --> 00:23:25,159 Speaker 4: means in principle is the person is in a limbo 385 00:23:25,280 --> 00:23:28,919 Speaker 4: where they are actually allowed to stay in the United States, 386 00:23:29,000 --> 00:23:31,000 Speaker 4: but if they leave, they can't come back. They have 387 00:23:31,080 --> 00:23:34,120 Speaker 4: to ask for new permission to re enter, which they 388 00:23:34,160 --> 00:23:39,000 Speaker 4: won't get, and so they're stuck. And that's normally what 389 00:23:39,040 --> 00:23:41,840 Speaker 4: happens when a visa's revoked. But what the administration is 390 00:23:41,880 --> 00:23:45,120 Speaker 4: trying to do now is it's actually trying to say 391 00:23:45,160 --> 00:23:48,480 Speaker 4: in addition to revoking your visa for some segment of 392 00:23:48,520 --> 00:23:50,439 Speaker 4: these students, and by the way, not all of them 393 00:23:50,480 --> 00:23:53,200 Speaker 4: are protesters. Some of them will be people who've had 394 00:23:53,320 --> 00:23:56,760 Speaker 4: arrests for things that college kids get arrested for all 395 00:23:56,800 --> 00:23:59,080 Speaker 4: the time. So they'll go to a bar and they'll 396 00:23:59,080 --> 00:24:01,720 Speaker 4: have a drunken disorderly This is a big one that 397 00:24:01,840 --> 00:24:04,880 Speaker 4: I'm seeing from many people reaching out to my law 398 00:24:04,960 --> 00:24:08,120 Speaker 4: practice to actually talk to me. You'll see things like that, 399 00:24:08,320 --> 00:24:12,320 Speaker 4: like drunk and disorderly conduct. You know, rowdy college students 400 00:24:12,320 --> 00:24:15,439 Speaker 4: being college students is not unique to just Americans that 401 00:24:15,800 --> 00:24:18,640 Speaker 4: you know, foreign nationals will do this too. But if 402 00:24:18,640 --> 00:24:23,320 Speaker 4: you have any interaction with law enforcement, then they're evoking 403 00:24:23,359 --> 00:24:27,320 Speaker 4: your visa and sometimes terminating your status in the student 404 00:24:27,440 --> 00:24:31,080 Speaker 4: Visa database. And that's where the litigation is coming from 405 00:24:31,119 --> 00:24:35,679 Speaker 4: because if your student Visa database status is terminated, it 406 00:24:35,720 --> 00:24:40,120 Speaker 4: creates two problems. One from the student's perspective, the student 407 00:24:40,200 --> 00:24:43,840 Speaker 4: is worry now that they're any legal status, and unlike 408 00:24:43,920 --> 00:24:46,720 Speaker 4: other populations of people in this country that may or 409 00:24:46,760 --> 00:24:49,920 Speaker 4: may not have concern about illegal status because what they're 410 00:24:49,920 --> 00:24:52,040 Speaker 4: trying to do is earn enough money in the US 411 00:24:52,080 --> 00:24:56,000 Speaker 4: to just survive and stay alive. This student visa population 412 00:24:56,119 --> 00:24:59,399 Speaker 4: that doesn't have that concern of trying to survive and 413 00:24:59,440 --> 00:25:02,760 Speaker 4: stay alive. They're trying to be here legally and study. 414 00:25:03,160 --> 00:25:06,200 Speaker 4: So having a concern that they're here illegally is quite 415 00:25:06,359 --> 00:25:09,879 Speaker 4: grave for them, and they don't want to be here illegally, 416 00:25:10,480 --> 00:25:13,200 Speaker 4: and so many of them are suing in the court. 417 00:25:13,240 --> 00:25:15,919 Speaker 4: But it also as a concern for the school. The 418 00:25:15,960 --> 00:25:19,199 Speaker 4: schools are often asking me, well, should I allow this 419 00:25:19,280 --> 00:25:22,879 Speaker 4: student to keep studying now that the government has terminated 420 00:25:22,920 --> 00:25:26,040 Speaker 4: the status, because will I be considered as someone who's 421 00:25:26,080 --> 00:25:30,640 Speaker 4: harboring a fugitive or inducing a person here without status 422 00:25:30,640 --> 00:25:33,080 Speaker 4: to remain in the United States. And the last thing 423 00:25:33,119 --> 00:25:35,919 Speaker 4: I want to do is be prosecuted for this. So 424 00:25:36,280 --> 00:25:39,760 Speaker 4: it's creating all of those problems, and students are now 425 00:25:39,840 --> 00:25:43,080 Speaker 4: suing on us, many of them in all different courts 426 00:25:43,119 --> 00:25:45,679 Speaker 4: across the United States, saying that the government can revoke 427 00:25:45,760 --> 00:25:49,119 Speaker 4: my visa, that's fine, But even when they do that, 428 00:25:49,160 --> 00:25:53,199 Speaker 4: I'm allowed to stay. They can't revoke my existence in 429 00:25:53,240 --> 00:25:56,400 Speaker 4: the student database. All the government can do is put 430 00:25:56,440 --> 00:26:00,879 Speaker 4: me in deportation proceeedings, which from the government's persone is 431 00:26:01,040 --> 00:26:03,280 Speaker 4: very onerous. This is the whole point of everything they're 432 00:26:03,280 --> 00:26:05,960 Speaker 4: trying to do. They're not trying to increase the number 433 00:26:06,000 --> 00:26:09,280 Speaker 4: of people in deportation proceedings. They're trying to decrease it 434 00:26:09,280 --> 00:26:12,080 Speaker 4: because there's millions of people in the backlog. So what 435 00:26:12,119 --> 00:26:16,560 Speaker 4: they're trying to do is terminate these students existence in 436 00:26:16,640 --> 00:26:20,399 Speaker 4: the database so that the students leave. But if the 437 00:26:20,440 --> 00:26:23,240 Speaker 4: students are successful, which they've currently been in a lot 438 00:26:23,240 --> 00:26:25,960 Speaker 4: of district courts in saying that the government doesn't have 439 00:26:26,000 --> 00:26:28,960 Speaker 4: that authority, the only authority they have is to play 440 00:26:29,040 --> 00:26:33,280 Speaker 4: students in removal proceedings and let them defend themselves, then 441 00:26:33,840 --> 00:26:36,320 Speaker 4: the students are going to be allowed to stay because 442 00:26:36,359 --> 00:26:39,160 Speaker 4: the government probably isn't going to want to place thousands 443 00:26:39,160 --> 00:26:43,480 Speaker 4: of students and deportation proceedings to add to the already 444 00:26:44,040 --> 00:26:47,080 Speaker 4: large number of people in deportation proceedings. 445 00:26:47,680 --> 00:26:52,399 Speaker 3: Leon do these student visas have expiration dates, so they 446 00:26:52,440 --> 00:26:55,320 Speaker 3: would expire without the government doing anything. 447 00:26:55,960 --> 00:26:59,679 Speaker 4: Well, what happens is the visa is actually a stamp 448 00:26:59,760 --> 00:27:04,480 Speaker 4: that is placed in your passport that says how many 449 00:27:04,600 --> 00:27:07,000 Speaker 4: days do you have to enter the United States? So 450 00:27:07,040 --> 00:27:09,760 Speaker 4: if I get a student visa place in my passport 451 00:27:10,040 --> 00:27:14,040 Speaker 4: that expires on May first of twenty twenty seven. The 452 00:27:14,080 --> 00:27:17,520 Speaker 4: only significance of that date May first, twenty twenty seven 453 00:27:17,600 --> 00:27:20,479 Speaker 4: is that's the last date I'm allowed to fly into 454 00:27:20,560 --> 00:27:23,919 Speaker 4: the United States and enter as a student. 455 00:27:24,040 --> 00:27:24,399 Speaker 1: That's it. 456 00:27:24,880 --> 00:27:27,640 Speaker 4: Once I've entered as a student. The way the system 457 00:27:27,680 --> 00:27:31,199 Speaker 4: works is you are admitted as a student for however 458 00:27:31,280 --> 00:27:34,879 Speaker 4: long it takes to finish your degree. It has nothing 459 00:27:34,920 --> 00:27:37,159 Speaker 4: to do with the stamp. And so you just have 460 00:27:37,280 --> 00:27:40,160 Speaker 4: to show that you're working in due diligence towards your 461 00:27:40,240 --> 00:27:43,320 Speaker 4: degree and as long as you show that you can 462 00:27:43,359 --> 00:27:47,359 Speaker 4: exceed that May first, twenty twenty seven deadline. And so 463 00:27:47,560 --> 00:27:51,160 Speaker 4: from that perspective, if the visa is revoked, the only 464 00:27:51,200 --> 00:27:54,399 Speaker 4: thing that is revoked is the stamp, the ability to 465 00:27:54,480 --> 00:27:58,080 Speaker 4: re enter the country. The status of the student isn't 466 00:27:58,119 --> 00:28:02,760 Speaker 4: revoked unless the student is placed in removal proceedings. Now, 467 00:28:02,840 --> 00:28:05,640 Speaker 4: what the government is trying to do is it trying 468 00:28:05,680 --> 00:28:09,399 Speaker 4: to get students to leave by saying we're not going 469 00:28:09,440 --> 00:28:11,640 Speaker 4: to put you in deportation proceedings. We're going to try 470 00:28:11,640 --> 00:28:15,360 Speaker 4: this novel move, which is to say that we are 471 00:28:15,440 --> 00:28:19,400 Speaker 4: terminating you from the student visa database, which means that 472 00:28:19,480 --> 00:28:23,240 Speaker 4: the school can't allow you to enroll because the school 473 00:28:23,280 --> 00:28:27,640 Speaker 4: is only by regulation allowed to enroll people who are 474 00:28:27,680 --> 00:28:31,080 Speaker 4: in the student visa database. And so that's what students 475 00:28:31,119 --> 00:28:34,080 Speaker 4: are suing about, saying, there's nothing in the regulations that 476 00:28:34,200 --> 00:28:37,800 Speaker 4: mentions this, that allows this, that permits this. If you 477 00:28:37,840 --> 00:28:40,040 Speaker 4: don't want me in the country, this isn't the way 478 00:28:40,040 --> 00:28:42,320 Speaker 4: to do it. You have to place me in removal 479 00:28:42,320 --> 00:28:45,480 Speaker 4: proceeedings in order to do it. You can't just terminate 480 00:28:45,560 --> 00:28:48,600 Speaker 4: me from the student visa database. But again, the reason 481 00:28:48,920 --> 00:28:52,200 Speaker 4: they're doing this is to one create the apprehension in 482 00:28:52,240 --> 00:28:55,520 Speaker 4: the student so that the student leaves voluntarily, but number two, 483 00:28:55,560 --> 00:28:58,960 Speaker 4: to create the apprehension in the school because the school 484 00:28:59,040 --> 00:29:02,440 Speaker 4: knows very clearly in the regulations it shouldn't be allowing 485 00:29:02,520 --> 00:29:06,880 Speaker 4: foreign students to study there if they're not actively on 486 00:29:06,960 --> 00:29:10,080 Speaker 4: the student visa database. And so the schools are very 487 00:29:10,120 --> 00:29:14,160 Speaker 4: concerned about the ramifications for them visa the harboring or 488 00:29:14,240 --> 00:29:18,840 Speaker 4: inducement of undocumented foreign nationals if they allow those students 489 00:29:18,880 --> 00:29:20,719 Speaker 4: to remain studying in the school. 490 00:29:21,360 --> 00:29:23,640 Speaker 3: So let's say you have a student visa and it 491 00:29:23,720 --> 00:29:27,760 Speaker 3: takes you fifteen years to get through school. That's okay. 492 00:29:28,480 --> 00:29:31,239 Speaker 4: You're allowed to do that. Within this perspective. You have 493 00:29:31,320 --> 00:29:34,440 Speaker 4: to take a certain amount of courses per year. And 494 00:29:34,520 --> 00:29:37,800 Speaker 4: so if you fall under that number of courses you're 495 00:29:37,800 --> 00:29:40,960 Speaker 4: taking per year, then you're not needing your student visa 496 00:29:41,000 --> 00:29:44,040 Speaker 4: status and you can be terminated. But for instance, I'll 497 00:29:44,040 --> 00:29:46,480 Speaker 4: give you an example of where fifteen years would make sense. 498 00:29:46,960 --> 00:29:50,000 Speaker 4: There are some students who come in here to study it, 499 00:29:50,120 --> 00:29:53,960 Speaker 4: let's say and over Exeter fancy high schools, if you 500 00:29:53,960 --> 00:29:56,640 Speaker 4: know what I mean. They have these fancy private high schools. 501 00:29:56,640 --> 00:29:58,840 Speaker 4: So you come on a student visa to study on 502 00:29:58,920 --> 00:30:02,720 Speaker 4: that student visa expires, let's say May first of twenty 503 00:30:02,760 --> 00:30:06,120 Speaker 4: twenty seven. Let's say you never leave. So you finish 504 00:30:06,240 --> 00:30:10,120 Speaker 4: high school, you get accepted into Harvard, you go to Harvard, 505 00:30:10,360 --> 00:30:12,680 Speaker 4: you get accepted into Yale Law School, you go to 506 00:30:12,760 --> 00:30:15,160 Speaker 4: Yale Law School, and then maybe you want to get 507 00:30:15,200 --> 00:30:18,080 Speaker 4: a PhD in economics. You could have done all of 508 00:30:18,120 --> 00:30:20,280 Speaker 4: that without getting a new visa. You could have just 509 00:30:20,320 --> 00:30:23,040 Speaker 4: stayed in America the fifteen years and done that. 510 00:30:23,440 --> 00:30:25,680 Speaker 3: Coming up next on the Bloomberg Law Show, I'll continue 511 00:30:25,680 --> 00:30:30,200 Speaker 3: this conversation with immigration law expert Leon Fresco of Honda Knight. 512 00:30:30,520 --> 00:30:34,640 Speaker 3: The Trump administration is moving to fast track asylum cases. 513 00:30:35,200 --> 00:30:38,760 Speaker 3: I'm June Grosso and you're listening to Bloomberg. Let's turn 514 00:30:38,840 --> 00:30:42,560 Speaker 3: to asylum now and the Trump Administration's efforts to fast 515 00:30:42,600 --> 00:30:47,320 Speaker 3: track asylum cases. The Executive Office for Immigration Review had 516 00:30:47,360 --> 00:30:50,920 Speaker 3: more than four million pending cases in the last quarter 517 00:30:51,000 --> 00:30:55,320 Speaker 3: of twenty twenty four, including one point five million pending 518 00:30:55,600 --> 00:30:59,840 Speaker 3: asylum cases. How is the Trump administration trying to fast track? 519 00:31:00,960 --> 00:31:04,640 Speaker 4: What is happening is the following. Normally, when you apply 520 00:31:04,800 --> 00:31:08,720 Speaker 4: for asylum, the way an asylum case gets decided is 521 00:31:08,760 --> 00:31:11,960 Speaker 4: you go to the court, you testify, You say why 522 00:31:12,000 --> 00:31:16,200 Speaker 4: you're afraid to be in the country. The government cross 523 00:31:16,200 --> 00:31:19,320 Speaker 4: examined you, the judge might ask a few questions, the 524 00:31:19,400 --> 00:31:22,520 Speaker 4: attorneys will have an argument, and the judge will make 525 00:31:22,560 --> 00:31:25,880 Speaker 4: a decision. And those cases can take anywhere from four 526 00:31:25,920 --> 00:31:29,960 Speaker 4: hours to two three days, depending on how much intensity 527 00:31:30,000 --> 00:31:33,000 Speaker 4: there is to the case, how contentious it is, how 528 00:31:33,040 --> 00:31:36,480 Speaker 4: many witnesses there are, if a translator is needed, because 529 00:31:36,480 --> 00:31:40,240 Speaker 4: the translator obviously doubles the length of the preceding because 530 00:31:40,280 --> 00:31:43,200 Speaker 4: everything needs to be said twice, and so those are 531 00:31:43,360 --> 00:31:46,200 Speaker 4: very intensive. In terms of time, and so you have, 532 00:31:46,840 --> 00:31:49,000 Speaker 4: like you said, four million cases, how do you do 533 00:31:49,120 --> 00:31:52,080 Speaker 4: all of those cases? Impossible. There's only three hundred and 534 00:31:52,160 --> 00:31:54,680 Speaker 4: sixty five days in the year, so a judge could 535 00:31:54,720 --> 00:31:58,400 Speaker 4: only conceivably do one judge three hundred and sixty five 536 00:31:58,720 --> 00:32:01,760 Speaker 4: asylum cases, say at most for years. They don't even 537 00:32:01,800 --> 00:32:03,720 Speaker 4: get close to that. But I'm just saying as a 538 00:32:03,760 --> 00:32:07,280 Speaker 4: theoretical that's if you were the most committed judge who 539 00:32:07,320 --> 00:32:09,440 Speaker 4: never wanted to go home and keep the immigration for 540 00:32:09,560 --> 00:32:12,040 Speaker 4: it open all day, you could do three hundred and 541 00:32:12,120 --> 00:32:14,480 Speaker 4: sixty five cases a year. And so obviously we're never 542 00:32:14,480 --> 00:32:16,800 Speaker 4: going to bring down the dent of the four million. 543 00:32:17,280 --> 00:32:20,600 Speaker 4: So what the Trump administration wants to do is basically 544 00:32:20,680 --> 00:32:24,960 Speaker 4: introduce the concept of summary judgment or emotion to dismiss 545 00:32:25,040 --> 00:32:27,719 Speaker 4: whatever you would call it in civil court, which is 546 00:32:27,720 --> 00:32:31,120 Speaker 4: that if a person is presenting an asylum claim that 547 00:32:31,280 --> 00:32:36,400 Speaker 4: even if everything they are saying is true, you still 548 00:32:36,440 --> 00:32:40,840 Speaker 4: wouldn't legally add up to an asylum clane. Then they 549 00:32:40,880 --> 00:32:43,440 Speaker 4: want the judges to dismiss those, to look for those 550 00:32:43,520 --> 00:32:46,360 Speaker 4: and dismiss those so that you don't have the need 551 00:32:46,400 --> 00:32:51,560 Speaker 4: of doing what I just described testimony, cross examination, argument, questions, 552 00:32:51,560 --> 00:32:55,640 Speaker 4: et cetera. The problem is with this concept that many 553 00:32:55,640 --> 00:32:59,120 Speaker 4: people who don't have lawyers don't know how to phrase 554 00:32:59,200 --> 00:33:01,320 Speaker 4: their asylum cling. So what happens is you get to 555 00:33:01,360 --> 00:33:04,760 Speaker 4: the court, you start asking questions, and you may determine 556 00:33:04,800 --> 00:33:07,840 Speaker 4: that a person indeed as a valid asylum claim because 557 00:33:07,880 --> 00:33:10,960 Speaker 4: you're asking them the question, they're answering them. They're not 558 00:33:11,080 --> 00:33:15,760 Speaker 4: tailoring their experience to the laws, so they don't know 559 00:33:15,800 --> 00:33:18,640 Speaker 4: what they need to do to qualify to get asylum. 560 00:33:18,880 --> 00:33:21,000 Speaker 4: They can only tell you why they're afraid and what 561 00:33:21,160 --> 00:33:24,160 Speaker 4: happened to them. And so the fear is that if 562 00:33:24,200 --> 00:33:27,800 Speaker 4: you allow this summary judgment flash motion to this misconcept 563 00:33:28,040 --> 00:33:31,600 Speaker 4: to enter into immigration court, you may get denials in 564 00:33:31,880 --> 00:33:32,800 Speaker 4: cases like that. 565 00:33:33,640 --> 00:33:38,280 Speaker 3: So let's be frank about asylum. People just automatically file 566 00:33:38,360 --> 00:33:42,480 Speaker 3: for asylum to prevent being deported. For example, the Trump 567 00:33:42,520 --> 00:33:48,720 Speaker 3: administration is removing temporary protected status for Venezuelan, Haitians, Cubans, 568 00:33:48,960 --> 00:33:52,960 Speaker 3: and Nicer Roguin's. The vast majority are going to automatically 569 00:33:53,000 --> 00:33:55,160 Speaker 3: file for asylum. I mean, that's why you have so 570 00:33:55,280 --> 00:33:56,880 Speaker 3: many asylum claims. 571 00:33:57,480 --> 00:34:00,840 Speaker 4: That's the protective final feature, that is the one thing 572 00:34:00,880 --> 00:34:04,120 Speaker 4: that can delay your deportation for as long as possible 573 00:34:04,200 --> 00:34:06,840 Speaker 4: is asylum. Now, the problem is it will depend what 574 00:34:06,920 --> 00:34:10,480 Speaker 4: country you're coming from. If you're from Venezuela, then to 575 00:34:11,000 --> 00:34:13,760 Speaker 4: make a claim that you fear the dictator, et cetera, 576 00:34:14,520 --> 00:34:17,880 Speaker 4: becomes a much more complicated case because there is a 577 00:34:17,920 --> 00:34:20,720 Speaker 4: dictator and you can say you fear the dictator, Whereas 578 00:34:20,760 --> 00:34:24,320 Speaker 4: if you're from a country that is just economically depressed, 579 00:34:24,719 --> 00:34:27,920 Speaker 4: then it's perhaps more difficult because then what are you 580 00:34:28,000 --> 00:34:30,480 Speaker 4: saying is your fear there? And people try to make 581 00:34:30,719 --> 00:34:35,319 Speaker 4: claims of various natures, but those are always denied, you know, 582 00:34:35,480 --> 00:34:39,560 Speaker 4: eight eighty five percent, ninety percent denial rates for all 583 00:34:39,600 --> 00:34:42,680 Speaker 4: of those kinds of asylum cases, and so really it's 584 00:34:42,719 --> 00:34:46,000 Speaker 4: just going to depend. Many times. You'll see you if 585 00:34:46,040 --> 00:34:50,000 Speaker 4: you go on a website called track drac, they actually 586 00:34:50,040 --> 00:34:54,920 Speaker 4: will list the judges and their grant rates on asylum claims, 587 00:34:55,360 --> 00:34:57,600 Speaker 4: and you will see that even within courts, because you 588 00:34:57,600 --> 00:35:00,000 Speaker 4: could say, well, in one court it's different than another 589 00:35:00,080 --> 00:35:03,960 Speaker 4: because different populations present themselves in different courts. But if 590 00:35:04,000 --> 00:35:07,040 Speaker 4: you're within the same court, then the judges will see 591 00:35:07,040 --> 00:35:09,399 Speaker 4: the same types of cases. You'll see that there are 592 00:35:09,480 --> 00:35:13,520 Speaker 4: courts where there are judges that deny ninety percent of cases, 593 00:35:13,560 --> 00:35:16,640 Speaker 4: and there are judges that grant ninety percent of cases, 594 00:35:17,040 --> 00:35:20,120 Speaker 4: and so from that perspective, it really is sort of 595 00:35:20,160 --> 00:35:23,040 Speaker 4: a look of the draw that decides whether you get 596 00:35:23,040 --> 00:35:23,880 Speaker 4: asylum or not. 597 00:35:24,360 --> 00:35:28,279 Speaker 3: So, putting aside the problem that some migrants may not 598 00:35:28,360 --> 00:35:32,320 Speaker 3: have attorneys, if the facts are clear, as you said, 599 00:35:32,920 --> 00:35:36,800 Speaker 3: can an immigration court judge make a decision quickly? 600 00:35:37,400 --> 00:35:40,240 Speaker 4: Oh, absolutely, no doubt about it. And I think they could, 601 00:35:40,280 --> 00:35:42,880 Speaker 4: And I think there's a scenario where a motion to 602 00:35:42,960 --> 00:35:47,520 Speaker 4: dismiss or summary judgment type of scenario is appropriate if 603 00:35:47,520 --> 00:35:49,839 Speaker 4: you can show that even if everything the person said 604 00:35:49,920 --> 00:35:52,880 Speaker 4: is true, they don't meet the asylum claim. So, for instance, 605 00:35:52,920 --> 00:35:55,799 Speaker 4: I'll give you an absurd example, but just to put 606 00:35:55,840 --> 00:35:58,879 Speaker 4: it out there, let's say somebody said that they were 607 00:35:58,920 --> 00:36:02,040 Speaker 4: coming from Norway and they are going to be killed 608 00:36:02,200 --> 00:36:04,520 Speaker 4: in Norway, and it could be one hundred percent true, 609 00:36:04,760 --> 00:36:06,439 Speaker 4: but the person who's going to kill them is their 610 00:36:06,480 --> 00:36:10,400 Speaker 4: bookie for gambling debts. Then you have a one hundred 611 00:36:10,440 --> 00:36:13,000 Speaker 4: percent true plane that you will be killed in Norway. 612 00:36:13,040 --> 00:36:15,320 Speaker 4: I have no doubt. But that is not a claim 613 00:36:15,360 --> 00:36:18,760 Speaker 4: that's protected by asylum law, because we don't protect people 614 00:36:18,760 --> 00:36:22,560 Speaker 4: from their bookie for gambling debts, and so that's one 615 00:36:22,560 --> 00:36:26,280 Speaker 4: that you could dismiss, and if you saw that written somewhere, 616 00:36:26,360 --> 00:36:28,920 Speaker 4: you could dismiss it, no doubt about it. But the 617 00:36:29,000 --> 00:36:31,840 Speaker 4: question is if you're going to set up a situation 618 00:36:31,960 --> 00:36:34,120 Speaker 4: where that can be abused. And this is always what 619 00:36:34,200 --> 00:36:36,880 Speaker 4: people worry about. Either through the person didn't have counsel, 620 00:36:37,200 --> 00:36:39,799 Speaker 4: so they couldn't really write the claim with any kind 621 00:36:39,840 --> 00:36:42,680 Speaker 4: of sophistication, and you need to actually ask them about it. 622 00:36:43,200 --> 00:36:47,080 Speaker 4: So that's one concern. But secondly, if the denials are 623 00:36:47,160 --> 00:36:49,360 Speaker 4: just denied just because that's what they're going to do, 624 00:36:49,400 --> 00:36:51,560 Speaker 4: is they're going to just deny them on mass and 625 00:36:51,600 --> 00:36:54,520 Speaker 4: force people to take appeals and force people to go 626 00:36:54,560 --> 00:36:57,080 Speaker 4: to the courts of appeals just because they want to 627 00:36:57,120 --> 00:37:00,480 Speaker 4: engender as many orders of removal as possible. That's sort 628 00:37:00,520 --> 00:37:03,200 Speaker 4: of the larger fear. Now, will that happen, will that 629 00:37:03,320 --> 00:37:06,760 Speaker 4: not happen? Unclear? You know, we always want to presume 630 00:37:06,800 --> 00:37:09,040 Speaker 4: that the rule of law will be followed and they 631 00:37:09,080 --> 00:37:12,160 Speaker 4: won't just start denying cases for no reason. But the 632 00:37:12,200 --> 00:37:14,959 Speaker 4: fear from I think some in the immigration bar would 633 00:37:14,960 --> 00:37:17,120 Speaker 4: be that this would be used for that reason that 634 00:37:17,200 --> 00:37:19,600 Speaker 4: you would just get a one line order. Your asylum 635 00:37:19,640 --> 00:37:22,680 Speaker 4: case is denied, and you weren't given any indication of 636 00:37:22,719 --> 00:37:24,160 Speaker 4: why that was so. 637 00:37:24,560 --> 00:37:30,719 Speaker 3: During Trump's first administration, didn't immigration officials issue directives limiting 638 00:37:31,080 --> 00:37:34,719 Speaker 3: asylum approvals and impose quotas for judges? 639 00:37:36,320 --> 00:37:40,560 Speaker 4: Well, they imposed quotas for case management, and they certainly 640 00:37:40,640 --> 00:37:44,360 Speaker 4: made a lot of judicial decisions from the Attorney General's 641 00:37:44,400 --> 00:37:48,440 Speaker 4: Office that talked about things like how you establish a 642 00:37:48,480 --> 00:37:53,480 Speaker 4: social group based asylum claim. That definitely tightened up who 643 00:37:53,520 --> 00:37:57,040 Speaker 4: could qualify for asylum. That is true, but there was 644 00:37:57,120 --> 00:38:01,760 Speaker 4: not then and there currently isn't for to summarily deny 645 00:38:02,000 --> 00:38:05,200 Speaker 4: hundreds of thousands of asylum planes. Let's say, if that's 646 00:38:05,200 --> 00:38:08,239 Speaker 4: what ends up happening, unclear, that will happen and just 647 00:38:08,400 --> 00:38:11,000 Speaker 4: give them all one line in orders. We will see 648 00:38:11,040 --> 00:38:13,160 Speaker 4: if that happens. If that happens, that will certainly be 649 00:38:13,239 --> 00:38:16,359 Speaker 4: something that goes through a lot of scrutiny. Unclear if 650 00:38:16,360 --> 00:38:19,480 Speaker 4: that's what this is going to lead to. But that's 651 00:38:19,560 --> 00:38:23,239 Speaker 4: the question that some have on their mind. You know, 652 00:38:23,320 --> 00:38:26,240 Speaker 4: one would presume that the rule of law will be followed, 653 00:38:26,239 --> 00:38:28,520 Speaker 4: that that's not what's going to happen. If it happens, 654 00:38:28,560 --> 00:38:31,080 Speaker 4: people will have to take appeals from that and we 655 00:38:31,160 --> 00:38:32,200 Speaker 4: will have to wait and see. 656 00:38:32,440 --> 00:38:35,319 Speaker 3: Well, I appreciate your taking the time to talk to me, Lean, 657 00:38:35,480 --> 00:38:37,120 Speaker 3: I know you're very busy now. 658 00:38:37,400 --> 00:38:39,759 Speaker 4: It was very funny. I saw some podcasts from Alan 659 00:38:39,800 --> 00:38:42,000 Speaker 4: Dershowitz where he said, if I was a young lawyer 660 00:38:42,080 --> 00:38:44,759 Speaker 4: right now, I'd be doing immigration law because that's where 661 00:38:44,760 --> 00:38:47,799 Speaker 4: all the accent is. And like, you know, what's weird 662 00:38:48,040 --> 00:38:50,719 Speaker 4: is people always sort of clown on me. Why did 663 00:38:50,760 --> 00:38:54,520 Speaker 4: you have all things go into immigration law? And now 664 00:38:54,760 --> 00:38:57,600 Speaker 4: look at that. It's springtime for lea. So there you go. 665 00:38:57,920 --> 00:38:59,879 Speaker 3: I'll let you get back to it. Thanks so much, Leon. 666 00:39:00,520 --> 00:39:04,080 Speaker 3: That's Leon Fresco, a partner at Hollanden Knight. And that's 667 00:39:04,120 --> 00:39:06,720 Speaker 3: it for this edition of the Bloomberg Law Show. Remember 668 00:39:06,760 --> 00:39:08,880 Speaker 3: you can always get the latest legal news on our 669 00:39:08,880 --> 00:39:13,040 Speaker 3: Bloomberg Law podcasts. You can find them on Apple Podcasts, Spotify, 670 00:39:13,239 --> 00:39:18,280 Speaker 3: and at www dot Bloomberg dot com, slash podcast Slash Law, 671 00:39:18,680 --> 00:39:21,240 Speaker 3: and remember to tune into The Bloomberg Law Show every 672 00:39:21,320 --> 00:39:25,200 Speaker 3: weeknight at ten pm Wall Street Time. I'm June Grosso 673 00:39:25,320 --> 00:39:26,960 Speaker 3: and you're listening to Bloomberg