WEBVTT - Biden's Border Fixes; George Santos Under Fire 0:00:03.160 --> 0:00:07.960 This is Bloombird Law with June Brussel from Bloomberg Radio. 0:00:11.200 --> 0:00:14.360 My message is this, if you're trying to leave Cuba, 0:00:14.440 --> 0:00:17.840 Nicaragua or Haiti, you have and we or have agreed 0:00:18.239 --> 0:00:22.520 to begin a journey to America, do not do not 0:00:22.720 --> 0:00:25.800 just show up with the border, Stay where you are 0:00:25.840 --> 0:00:29.040 and apply legally from there starting today. If you don't 0:00:29.040 --> 0:00:31.760 apply through the legal process, you will not be eligible 0:00:31.800 --> 0:00:35.159 for this new parole program. Before his trip to Mexico, 0:00:35.400 --> 0:00:38.760 President Biden announced a series of new measures that he 0:00:38.840 --> 0:00:42.400 says will curb the influx of migrants at the southern border. 0:00:42.720 --> 0:00:46.080 There will be new requirements for those seeking asylum. One 0:00:46.120 --> 0:00:50.040 measure will expand a parole program to migrants seeking asylum 0:00:50.080 --> 0:00:54.880 from nations like Haiti, Nicaragua, and Cuba. The process requires 0:00:54.920 --> 0:00:58.080 migrants to be sponsored while also going through a vetting 0:00:58.120 --> 0:01:02.040 and background check process. Another plan is to impose a 0:01:02.120 --> 0:01:06.120 new regulation, a version of the Trump era policy often 0:01:06.200 --> 0:01:09.880 call the Transit Ban. Joining me is integration law expert 0:01:09.959 --> 0:01:13.760 Leon Fresco, a partner at Hollandon Knight. Let me start 0:01:13.840 --> 0:01:18.880 with Biden's visit to Mexico. What is he hoping to accomplish? 0:01:18.880 --> 0:01:22.640 What can he accomplish well. The key thing for President 0:01:22.680 --> 0:01:26.440 Biden to accomplish in Mexico is to get Mexico's blessing 0:01:26.520 --> 0:01:30.080 to accept as many people as possible that the United 0:01:30.120 --> 0:01:37.400 States wants to exclude from the four countries which are Nicaragua, Cuba, Venezuela, 0:01:37.480 --> 0:01:40.920 and Haiti under Title forty two, given that there's this 0:01:40.959 --> 0:01:44.959 new carrot and six approach where individuals from those countries 0:01:45.000 --> 0:01:47.560 are going to be asked to apply for a legal 0:01:48.120 --> 0:01:50.960 entrance into the United States, such that if they try 0:01:51.000 --> 0:01:54.640 to enter illegally, they will be pushed into Mexico. Right now, 0:01:54.680 --> 0:01:58.200 Mexico doesn't accept people who are not from the Northern 0:01:58.200 --> 0:02:02.640 Triangle or from Mexico proper, and so the idea would 0:02:02.640 --> 0:02:06.160 be for Mexico to accept these people, knowing that at 0:02:06.200 --> 0:02:07.720 the end of the rainbow or at the end of 0:02:07.760 --> 0:02:11.120 the day, them accepting them in the short term for 0:02:11.240 --> 0:02:15.160 now will be the consequence that's necessary to sort of 0:02:15.400 --> 0:02:19.000 dismissed this long term problem because hopefully more people will 0:02:19.120 --> 0:02:22.600 use the legal pathway as opposed to be illegal pathway. 0:02:22.720 --> 0:02:27.160 Let's go back a step to that Title forty two expansion. 0:02:27.520 --> 0:02:31.280 So the Buiding administration is fighting to end Title forty 0:02:31.320 --> 0:02:35.080 two in the courts, but it's expanding a policy that 0:02:35.240 --> 0:02:39.960 depends on expanding the use of Title forty two or 0:02:40.000 --> 0:02:46.600 to rapidly expel asylum seekers from Cuba, Haiti, Nicaragua, and Venezuela. Correct. 0:02:46.639 --> 0:02:49.600 There's a bit of an incongruency there in that the 0:02:49.600 --> 0:02:52.080 Biden administration is saying, look, and the long term, we 0:02:52.080 --> 0:02:55.160 would like to end Title forty two. But while our 0:02:55.280 --> 0:02:58.359 hand is quote unquote being forced, although I would argue 0:02:58.680 --> 0:03:01.919 they've made the litigation decisions that have forced their own hand. 0:03:02.600 --> 0:03:05.480 But nevertheless, while their hand is being quote unquote force, 0:03:05.600 --> 0:03:08.440 they will take advantage of Title forty two and use 0:03:08.520 --> 0:03:12.720 it to the maximum extent possible to create a consequent 0:03:12.880 --> 0:03:16.800 delivery carrots and six system where we tell the largest 0:03:16.919 --> 0:03:19.080 group of people at the border that aren't from the 0:03:19.120 --> 0:03:24.760 Northern triangle in Mexico, which is against Cubans, Paitians, Venezuelans, 0:03:24.760 --> 0:03:30.160 and Nicaragua's people fleeing from political oppression, that those individuals 0:03:30.240 --> 0:03:33.359 need to enter through the legal parole pathways that are 0:03:33.400 --> 0:03:37.040 being created and not enter illegally in between the ports 0:03:37.080 --> 0:03:40.080 of entry, because all that's going to do is lead 0:03:40.160 --> 0:03:43.240 to you being excluded under Title forty two when you 0:03:43.320 --> 0:03:46.160 had this perfectly legal pathway to it. There is. The 0:03:46.200 --> 0:03:50.320 program has been in effect for Venezuelans, and that's been 0:03:50.360 --> 0:03:54.320 working well. The first group that got this program under 0:03:54.360 --> 0:03:59.320 the Biden administration were Ukrainian. So Ukrainians. Actually we're appearing 0:03:59.520 --> 0:04:03.200 thousands and thousands of Ukrainians on the southern border after 0:04:03.440 --> 0:04:06.240 Russia attacked Ukraine and they were trying to get in 0:04:06.280 --> 0:04:09.200 through the southern border same way as everybody else. And 0:04:09.240 --> 0:04:12.120 the Biden administration said, this is unstendable. We can't do this. 0:04:12.280 --> 0:04:15.400 Let's create a program that allows Ukrainians to enter legally 0:04:15.840 --> 0:04:19.280 to be paroled into the United States and hopefully they'll 0:04:19.320 --> 0:04:22.920 stop using the illegal pathway up the border. And lo 0:04:23.120 --> 0:04:26.160 and behold, that's what happened. You don't see any Ukrainians 0:04:26.160 --> 0:04:29.360 on the southern border now. They entered through the legal pathway. 0:04:29.440 --> 0:04:31.560 So then the Biden administration said, well, let's see what 0:04:31.600 --> 0:04:34.599 happens if we extend it to a few thousand, twenty 0:04:34.720 --> 0:04:38.919 something thousands Venezuelan individuals. Will this work? And you've seen 0:04:39.480 --> 0:04:42.440 Venezuelans used this pathway, So now the idea is, well, 0:04:42.480 --> 0:04:46.680 maybe for thirty thousand people a month. We can create 0:04:46.880 --> 0:04:53.120 new pathways for Cubans, Venezuelans, Haitians, and Nicaragua. Now is 0:04:53.120 --> 0:04:54.960 that going to be enough? Now, that's not gonna be 0:04:55.000 --> 0:04:58.920 anywhere near enough. But I mean it is still, you know, 0:04:59.520 --> 0:05:02.880 amateur mathematics, here three hundred and sixty thousand people a 0:05:02.960 --> 0:05:07.039 year that will be paroled into the country. And I 0:05:07.080 --> 0:05:09.840 don't know how much more reasonable it is. Might it 0:05:10.000 --> 0:05:14.000 take more people than that? So the idea is, hey, wait, 0:05:14.760 --> 0:05:18.560 use this pathway, and if you use this pathway, you're 0:05:18.560 --> 0:05:21.280 gonna get in legally. So don't do it illegally because 0:05:21.279 --> 0:05:24.480 all of what's can happen in PYT two. So the 0:05:24.520 --> 0:05:29.520 Departments of Homeland Security and Justice also released a plan 0:05:29.640 --> 0:05:32.840 to impose a new regulation, and it's a version of 0:05:32.880 --> 0:05:36.400 the Trump era policy, which was often called the Transit Band, 0:05:36.880 --> 0:05:41.760 although Secretary Majorkists denies that is not a fac simile 0:05:42.000 --> 0:05:45.520 or an identical copy. It is a resemblance in the 0:05:45.560 --> 0:05:49.880 sense of what it's going toward. Is this idea that 0:05:49.920 --> 0:05:53.320 there will no longer be an acceptance of people going 0:05:53.440 --> 0:05:56.599 in between the ports of injury on the southern border 0:05:56.640 --> 0:05:58.760 and applying for asylum. If you want to do that, 0:05:59.080 --> 0:06:02.360 you will be banned from getting asylum. And that's a 0:06:02.400 --> 0:06:04.800 serious thing because if you can't get asylums, that means 0:06:04.839 --> 0:06:07.839 you can't get a passive citizenship. You can't apply for 0:06:07.920 --> 0:06:10.680 your spouse and your children and your family members to 0:06:10.920 --> 0:06:14.520 enter the United States once you get American citizenship down 0:06:14.560 --> 0:06:17.080 the line, and so all you'd be able to get 0:06:17.200 --> 0:06:20.000 is this thing called withholding of removal, which is basically 0:06:20.040 --> 0:06:23.359 a temporary stay on your deportation, and that's if you 0:06:23.400 --> 0:06:27.640 win your case that you're going to be persecuted abroad. Now, 0:06:27.960 --> 0:06:31.720 the difference is that if you can show that you 0:06:31.760 --> 0:06:34.880 would be persecuted in Mexico where you're waiting, you'll be 0:06:34.920 --> 0:06:37.520 able to come in. And their ideas, look, that's more 0:06:37.600 --> 0:06:41.839 compassionists and Trump wouldn't really care for that approach, which 0:06:41.880 --> 0:06:45.360 is he did really phenomenally did, but didn't really allow 0:06:45.440 --> 0:06:48.400 people to show that they'd be persecuted waiting in Mexico. 0:06:48.920 --> 0:06:52.520 But nevertheless, it is the same to the extent of 0:06:52.640 --> 0:06:55.720 what it's doing is it's saying, look, there's no applying 0:06:55.760 --> 0:06:59.080 for asylum in between the ports of entry. They're going 0:06:59.160 --> 0:07:02.119 to the ports event three, or there's applying for asylum 0:07:02.240 --> 0:07:05.200 at a country that you're passing that has a credible 0:07:05.240 --> 0:07:08.800 asylum system. And if you don't do either of those things, 0:07:09.279 --> 0:07:11.120 don't think you're going to cross the border in the 0:07:11.160 --> 0:07:13.960 United States and get asylum. And so that's getting a 0:07:13.960 --> 0:07:17.200 lot of criticism from advocates and and some of the 0:07:17.200 --> 0:07:20.840 more liberal members of Congress. But I do think when 0:07:20.960 --> 0:07:24.400 coupled with this parole program where if you enter legally 0:07:24.440 --> 0:07:26.960 and you get paroles, you can apply for asylum once 0:07:27.000 --> 0:07:31.160 you've entered legally, the idea is hopefully this character and 0:07:31.280 --> 0:07:36.440 sixth approach will channel some large amount of people through 0:07:36.520 --> 0:07:39.600 this program rather than through the in between the parts 0:07:39.640 --> 0:07:43.320 of entry on the southern border. So now are there 0:07:43.360 --> 0:07:48.920 also plans to expand Title eight border processing? Well, so 0:07:48.960 --> 0:07:52.360 what I think is gonna happen is when Title forty 0:07:52.440 --> 0:07:55.960 two goes away, if and when whenever that may be, 0:07:56.840 --> 0:07:59.440 what's gonna happen is you're gonna have a lot more 0:07:59.480 --> 0:08:02.920 people persecuted who are single adults who are coming coming 0:08:03.040 --> 0:08:05.680 in between the ports of entry, and you're gonna have 0:08:05.800 --> 0:08:08.960 a lot more people put into removal proceedings under side 0:08:08.960 --> 0:08:13.920 of a expedited removal proceedings and try to really focus 0:08:13.960 --> 0:08:17.320 on getting people out as part of those expedited removal 0:08:17.320 --> 0:08:20.560 proceedings mean being a little upper not saying that they 0:08:20.560 --> 0:08:23.600 have a credible fear that allows them to wait inside 0:08:23.640 --> 0:08:26.160 the United States. But you can only do so much there. 0:08:26.240 --> 0:08:28.880 And then again, the other thing that is focused on 0:08:29.040 --> 0:08:31.920 is okay, and this is starting now with this new 0:08:32.240 --> 0:08:37.640 CDD one app that they're developing is finally they're doing 0:08:37.679 --> 0:08:40.240 what we do with visas all over the world, which is, 0:08:40.720 --> 0:08:43.600 here's gonna be a one app that CDP will have 0:08:43.679 --> 0:08:46.640 where you book an appointment and try to make your 0:08:46.679 --> 0:08:50.080 initial asylum showing out a port of entry. And the 0:08:50.120 --> 0:08:53.320 good news about that is CDP totally controls how many 0:08:53.360 --> 0:08:55.880 people they can see, so they'll know we're gonna have 0:08:55.920 --> 0:08:59.880 a thousand of people here, five people here, seven people there. 0:09:00.240 --> 0:09:02.320 And it's not a surprise that you can plan your 0:09:02.400 --> 0:09:05.479 day and have the resources you need for each day, 0:09:05.559 --> 0:09:07.960 as opposed to when people come in between the ports 0:09:07.960 --> 0:09:10.800 of entry, you have no idea who's coming and how 0:09:10.800 --> 0:09:13.440 many people are coming and where they're coming. So that's 0:09:13.480 --> 0:09:16.800 the virtual platform that's going to be sort of a 0:09:16.840 --> 0:09:21.640 one stop shop migrants correct to find information that's what 0:09:21.720 --> 0:09:25.720 CVP is trying to do is to basically do the 0:09:25.760 --> 0:09:28.840 parole process for the thirty thou people a month, but 0:09:29.000 --> 0:09:31.880 for the for the additional people above the thirty thousand, 0:09:32.280 --> 0:09:35.800 to schedule appointments for people to make their initial asylum 0:09:35.880 --> 0:09:38.880 claim at a port of entry instead of in between 0:09:38.920 --> 0:09:41.280 the port of entry. But a lot of people may 0:09:41.280 --> 0:09:44.120 not have access to the internet. Well, this is gonna 0:09:44.120 --> 0:09:46.160 be an interesting question about what the n g O 0:09:46.200 --> 0:09:47.920 s are going to be doing on the northern border. 0:09:48.240 --> 0:09:51.000 Will they be able to help people, you know, for 0:09:51.080 --> 0:09:55.120 better or for work the smuggling networks that do everything 0:09:55.160 --> 0:09:57.520 else for people to come up obviously, will they have 0:09:57.600 --> 0:10:00.480 access to the apps? And will they be able tell 0:10:00.520 --> 0:10:03.319 people Okay, in addition to whatever assistance we've given you 0:10:03.800 --> 0:10:06.280 to get you to the north part of Mexico, the 0:10:06.320 --> 0:10:09.720 southern border here is now your app appointments. And so 0:10:09.920 --> 0:10:12.400 just know that you have an appointment on Mark first 0:10:12.840 --> 0:10:16.280 at twelve thirty pm. Okay, So now the person knows 0:10:16.320 --> 0:10:18.480 they don't really need to do much more than that, 0:10:18.520 --> 0:10:21.000 other than to show up with their appointment. It's not 0:10:21.080 --> 0:10:23.320 unreasonable to think that the nd O s will be 0:10:23.360 --> 0:10:27.440 able to do it, but quite frankly as sophisticated as 0:10:27.480 --> 0:10:29.600 some of these smuggling networks are. Where they know on 0:10:29.640 --> 0:10:33.079 a daily basis, where the CDP resources are, where the 0:10:33.160 --> 0:10:35.520 ports are, which one is the best one to go to, 0:10:35.679 --> 0:10:38.600 where is that? Where are they acting nights, assword people, 0:10:39.000 --> 0:10:41.360 et cetera. That they would be able to use an 0:10:41.360 --> 0:10:45.480 app if not so unrealistic. So there are things that 0:10:45.600 --> 0:10:50.640 the Biden administration could have done years ago. They always say, 0:10:50.640 --> 0:10:53.800 we need Congress to have a comprehensive plan, we need 0:10:53.840 --> 0:10:55.839 more money, But there are things they could have done. 0:10:56.160 --> 0:10:59.200 Why did he wait two years to take that photo 0:10:59.280 --> 0:11:01.360 up trip I as it is to the border and 0:11:01.480 --> 0:11:06.240 do this. I think there is a sort of reticent 0:11:06.559 --> 0:11:11.240 to engage on immigration because there's a calibration problem currently 0:11:11.320 --> 0:11:14.560 that exists in the Democratic Party about how liberal the 0:11:14.640 --> 0:11:18.000 Democratic Party has to be on immigration. And I think 0:11:18.040 --> 0:11:21.240 you're seeing this with the changing demographics of the Latino 0:11:21.360 --> 0:11:23.800 votes and how in some states you have many more 0:11:23.880 --> 0:11:27.040 Latinos voting for Republicans than you used to have in 0:11:27.120 --> 0:11:30.840 the past. And the idea is, I think people in 0:11:30.920 --> 0:11:35.199 the Democratic Party want compassion, but they don't want open 0:11:35.240 --> 0:11:38.480 borders with large I don't think that's a position that's 0:11:38.480 --> 0:11:41.680 the majority of Democrats polls, and I think the Democratic 0:11:41.760 --> 0:11:44.960 leaders who thought that there was a lot more sympathy 0:11:45.000 --> 0:11:48.559 for open borders in the base and that there actually is, 0:11:48.559 --> 0:11:52.520 is maybe recalibrating that understanding a little bit and saying, look, 0:11:52.559 --> 0:11:55.000 as long as we have a compassionate policy and a 0:11:55.000 --> 0:11:59.000 fair policy, we also need a policy that doesn't permit 0:11:59.360 --> 0:12:03.560 just since really unchecked immigration through the southern border of 0:12:03.600 --> 0:12:06.240 the United States. Not having said that, Congress does have 0:12:06.280 --> 0:12:09.640 a role to play is the long term in building 0:12:09.760 --> 0:12:13.960 worker programs. The biggest problem in like immigration practice every 0:12:14.000 --> 0:12:18.319 single day is that you have employers wanting workers and 0:12:18.360 --> 0:12:20.880 realizing and learning for the first time, oh, there's no 0:12:20.960 --> 0:12:24.839 actual way to apply for a worker who's not doing 0:12:24.880 --> 0:12:28.679 a job that requires a college degree. So if you 0:12:28.720 --> 0:12:31.960 want a plumber, or you want a construction person, or 0:12:32.000 --> 0:12:35.600 you want waiters for your seasonal restaurant or whatever, there's 0:12:35.640 --> 0:12:39.000 basically nothing available. There's no way to get these workers. 0:12:39.280 --> 0:12:41.640 And so if you could create a program, and that's 0:12:41.640 --> 0:12:44.760 what the Immigration Build did that pass the sentence but 0:12:44.840 --> 0:12:47.440 didn't pass the House, where you would have large amounts 0:12:47.480 --> 0:12:50.319 of these visas available during time periods like this where 0:12:50.400 --> 0:12:54.200 unemployment is law but has very few visas available during 0:12:54.280 --> 0:12:58.120 time periods where unemployment and by you can actually have 0:12:58.360 --> 0:13:01.120 people all go through these eagle famiels. You wouldn't have 0:13:01.120 --> 0:13:03.559 anybody having to claim a sylum. Most people claim a 0:13:03.600 --> 0:13:05.719 flound because they have no alternative. There's no other way 0:13:05.760 --> 0:13:08.480 to do this. But people wouldn't want to claim asylum, 0:13:08.520 --> 0:13:11.280 and they could just access these worker programs. You'd have 0:13:11.360 --> 0:13:14.640 people do these jobs and when these jobs are finished, 0:13:14.760 --> 0:13:17.480 then they can return home with a lot of savings 0:13:17.480 --> 0:13:20.880 for them and their family and return whenever they want 0:13:20.920 --> 0:13:24.079 to when the times are high again. And so that's 0:13:24.120 --> 0:13:27.760 the idea of how you build these programs in those situations. 0:13:27.760 --> 0:13:30.840 But we don't have a program like that that exists, 0:13:31.160 --> 0:13:33.640 and so this is what creates all of this illegality 0:13:33.679 --> 0:13:36.000 on the southern border. So now let's move on to 0:13:36.559 --> 0:13:40.800 Ron de Santis. First, he was flying Texas migrants to 0:13:40.880 --> 0:13:45.120 Cape Cod. Now he's going to court to make his point. 0:13:45.240 --> 0:13:49.559 Trial opened in federal court in Pensacola, where he's claiming 0:13:49.559 --> 0:13:53.440 that the Biden administration allowed thousands of migrants into the 0:13:53.520 --> 0:13:57.200 US each month by ignoring policies to detain them. Is 0:13:57.200 --> 0:14:01.240 this a serious case? This lawsuit was bye, but it's 0:14:01.240 --> 0:14:03.599 not a new lawsuit. It's just at the trial is 0:14:03.679 --> 0:14:06.600 happening this week. I mean it's a serious case to 0:14:06.720 --> 0:14:10.120 the extent that the a judge has denied emotions to 0:14:10.200 --> 0:14:13.240 this miss twice already, and it's saying, look, we're gonna 0:14:13.240 --> 0:14:16.920 go to trial on an Administrative Procedure Act claim that 0:14:17.040 --> 0:14:21.640 the Biden administration has to be detaining people as the 0:14:21.680 --> 0:14:24.160 Southern borders. That it's not true what they're saying, that 0:14:24.200 --> 0:14:27.720 we don't have an alternative but to release people into 0:14:27.760 --> 0:14:30.920 the United States. Now, I think the problem is people 0:14:30.920 --> 0:14:35.120 don't realize how complicated this mosaic is. No person is 0:14:35.160 --> 0:14:37.320 treated the same as another person. And what do I 0:14:37.360 --> 0:14:40.200 mean by that? If you're under the age of eighteen, 0:14:40.960 --> 0:14:44.280 the law is extremely clear that you can't be detained 0:14:44.400 --> 0:14:46.400 or removed or anything else. You have to be let 0:14:46.400 --> 0:14:50.320 in the country. If you appear as either an unaccompanied 0:14:50.360 --> 0:14:53.080 minor or even if you come as a family and 0:14:53.080 --> 0:14:55.160 the family has mom, dad and a bunch of kids 0:14:55.200 --> 0:14:57.960 under a team, the bunch of kids under a team 0:14:58.200 --> 0:15:01.120 cannot be detained, can't be the ordered or anything. They 0:15:01.120 --> 0:15:03.240 have to be letting the country and allowed to make 0:15:03.520 --> 0:15:06.840 any immigration claims that they're allowed to make. That's by sages. 0:15:07.080 --> 0:15:08.720 Then the question is, well, what do you do with 0:15:08.880 --> 0:15:11.800 family because the kids have to be allowed to come in? 0:15:12.240 --> 0:15:15.360 Do you separate the parents from the children. That's what 0:15:15.480 --> 0:15:18.480 the Trump administrates and tried, and we know what the 0:15:18.520 --> 0:15:21.320 consequences of that were. And so I don't think the 0:15:21.400 --> 0:15:25.440 court is gonna order the Biden administrations to separate the 0:15:25.480 --> 0:15:28.320 parents from the children. I just don't think that's gonna happen. 0:15:28.520 --> 0:15:32.120 So we're back now to again single adults. So when 0:15:32.160 --> 0:15:35.640 the adults come alone with no children, you know, the 0:15:35.680 --> 0:15:38.600 most common thing is families and children when you add 0:15:38.600 --> 0:15:40.720 those up together, but there's still a number of people 0:15:40.880 --> 0:15:44.440 come just as adults, not accompanied by any children. Do 0:15:44.520 --> 0:15:47.800 you have to detain all of those people? And what 0:15:47.920 --> 0:15:50.600 the record is probably gonna show him these cases is 0:15:50.880 --> 0:15:53.720 most of those people currently are being detained or put 0:15:53.720 --> 0:15:57.160 in expedited removal or put through Title forty two. And 0:15:57.240 --> 0:15:59.240 so if you're just talking about the few people that 0:15:59.320 --> 0:16:02.040 make it through the tracts because they have some medicals 0:16:02.400 --> 0:16:05.680 or something else, are you really gonna force the Biden 0:16:05.760 --> 0:16:09.320 administration's hands to say no, no, no, every single person 0:16:09.760 --> 0:16:12.640 you have to detain. I mean, that's where this judge 0:16:12.640 --> 0:16:15.200 is gonna I think have a hard time craft they 0:16:15.240 --> 0:16:18.760 have decisions because in the end, the issue with the 0:16:18.840 --> 0:16:21.640 children makes this so complicated that people don't realize that 0:16:21.640 --> 0:16:24.640 that's why most people are getting through when they enter 0:16:24.720 --> 0:16:28.120 the United States. And so what chance do you think 0:16:28.200 --> 0:16:33.120 this suit has in Florida? I think, you know, given 0:16:33.280 --> 0:16:36.120 who the judges here, and that the judges is sort 0:16:36.120 --> 0:16:39.080 of sympathetic to these claims and has been. I do 0:16:39.160 --> 0:16:43.040 think that some version of a decision will be issued 0:16:43.160 --> 0:16:46.800 requiring the Biden administration to detain more people on the 0:16:46.880 --> 0:16:50.720 southern border than they're currently detaining. But I do think 0:16:51.400 --> 0:16:54.720 very quickly the judge, either on his own account, will 0:16:54.880 --> 0:16:59.560 realize the problem that's happening with families and with unaccompanied children, 0:17:00.120 --> 0:17:02.760 or that sort of buzz all will be lead to 0:17:02.800 --> 0:17:07.000 reversal in the eleventh Circuit, especially because there's a lot 0:17:07.000 --> 0:17:11.640 of dicta in the remain in Mexico decisions. Let's talk 0:17:11.680 --> 0:17:15.440 about the Biden administration's ability to allow people to enter 0:17:15.480 --> 0:17:17.720 in the United States, that the choices aren't just to 0:17:17.760 --> 0:17:22.280 remain in Mexico or the tension that there is a 0:17:22.359 --> 0:17:25.040 third choice and that the Biden administration has that third 0:17:25.160 --> 0:17:28.080 choice to allow people to enter into the United States 0:17:28.119 --> 0:17:31.320 and wait here while their claims are pending. So now 0:17:31.359 --> 0:17:35.920 one question on on the Supreme Court case, um, the 0:17:36.200 --> 0:17:38.960 Court's going to take that decide that case here the 0:17:39.040 --> 0:17:43.560 arguments in February or March. Is the answer in that 0:17:43.640 --> 0:17:48.359 case going to be Title forty two is legal or 0:17:48.400 --> 0:17:50.600 not legal? Or is it going to be? Well, the 0:17:50.640 --> 0:17:54.919 Republican States can sue or can't sue? Right, That's the 0:17:54.960 --> 0:17:58.439 problem is the only thing the Court can do is 0:17:58.600 --> 0:18:00.639 at the end of the day allowed a state to 0:18:00.920 --> 0:18:05.280 intervene in the appeal of the case that's currently in 0:18:05.320 --> 0:18:09.960 the DC Circuit where there is a challenge to the 0:18:10.000 --> 0:18:13.400 ability of the Biden administration to use Title forty two. 0:18:13.520 --> 0:18:16.919 That's it. But what will happen is if the States 0:18:16.960 --> 0:18:20.359 are successful the Supreme Court, all they will be doing 0:18:20.840 --> 0:18:24.439 is allowing the state to try to get a second 0:18:24.520 --> 0:18:29.440 chance at getting This decision repeals that bans the administration 0:18:29.480 --> 0:18:32.400 from using Title forty two. And then at the same 0:18:32.440 --> 0:18:34.639 time there's a case coming up through the Fifth Circuit 0:18:34.680 --> 0:18:38.080 on bad So eventually, what will happen is it will 0:18:38.200 --> 0:18:40.720 end at the Supreme Court, where the Supreme Court will 0:18:40.760 --> 0:18:44.199 have to decide whether the Biden administration can get rid 0:18:44.240 --> 0:18:48.480 of Title forty two. And again, I just don't see 0:18:48.640 --> 0:18:51.639 how a Supreme Court can say that a public health 0:18:52.000 --> 0:18:56.119 determination that's the Biden administration or any administration wants to 0:18:56.160 --> 0:18:58.080 get rid of based on the fact that the public 0:18:58.080 --> 0:19:01.119 health emergency is over, as to be kept into place 0:19:01.480 --> 0:19:04.399 once the public health emergency is over. It does seem 0:19:04.520 --> 0:19:08.040 very strange to me. But I just don't know if 0:19:08.080 --> 0:19:10.560 the idea is just to keep this Title forty two 0:19:11.119 --> 0:19:13.480 in effect for as long as possible and that sort 0:19:13.520 --> 0:19:16.199 of everybody is in on the joke, as that's all 0:19:16.280 --> 0:19:20.240 we're trying to accomplish here. Thanks so much for your insights, Leon. 0:19:20.440 --> 0:19:24.439 As always, that's immigration law expert Leon Fresco, a partner 0:19:24.480 --> 0:19:28.719 at Hollandon Knight. George Santos has been a member of 0:19:28.760 --> 0:19:32.199 Congress for less than a week, but the freshman Republican 0:19:32.240 --> 0:19:37.120 has already been engulfed in controversy and investigations, and now 0:19:37.160 --> 0:19:41.960 he's officially facing a Congressional ethics complaint filed on Tuesday 0:19:42.040 --> 0:19:47.640 by two New York Democrats. Congressman Dan Goldman and Richie Torres. Mr. 0:19:47.680 --> 0:19:51.480 Santos is conduct both as it relates to his outright 0:19:51.560 --> 0:19:56.880 lies about his biography, about his employment, UM, about his 0:19:56.880 --> 0:20:01.040 his entire person as being his religion. Um. All of 0:20:01.080 --> 0:20:05.000 that is reflects on every one of us in Congress. 0:20:06.520 --> 0:20:11.080 Even more egregious than his line is his possible love breaking. 0:20:12.000 --> 0:20:13.880 A million dollar question has where did all the money 0:20:13.880 --> 0:20:19.960 come from? Santos has admitted misrepresenting significant details about his religion, education, 0:20:20.040 --> 0:20:23.800 and career, including that he graduated from college and worked 0:20:23.880 --> 0:20:29.080 for Goldman, Sachs and City Group, but he says Santos 0:20:29.119 --> 0:20:32.879 will be facing more than his colleagues. Federal and local 0:20:32.960 --> 0:20:37.040 prosecutors are already investigating him, and a complaint has been 0:20:37.040 --> 0:20:40.600 filed with the Federal Election Commission joining me his elections 0:20:40.680 --> 0:20:44.119 law expert Richard Brafalt, a professor at Columbia Law School. 0:20:44.480 --> 0:20:48.840 Santos has acknowledged line to reporters about his educational and 0:20:48.960 --> 0:20:53.679 professional history, though he calls it embellishing his resume. But 0:20:53.840 --> 0:20:58.600 is there any law, rule or regulation that makes such 0:20:58.720 --> 0:21:03.040 misstatements illegal? It just seems like it's not something that 0:21:03.160 --> 0:21:07.840 he can really be held accountable for, except by voters. No. No, 0:21:07.960 --> 0:21:11.280 there's certainly no federal law prohibiting lying by a candidate 0:21:11.359 --> 0:21:14.560 during an election. Hardly any states have anything like that. 0:21:14.920 --> 0:21:17.440 There even some questions about whether it would be constitutional 0:21:17.760 --> 0:21:20.840 to punish somebody for lying, as opposed to say something 0:21:20.880 --> 0:21:24.439 like defamation, as he obviously lies about somebody in a 0:21:24.440 --> 0:21:26.520 way that stains them, that might be the basis of 0:21:26.880 --> 0:21:31.440 at least civil action. Uh No, there's generally no restriction 0:21:31.480 --> 0:21:35.800 onlining other than lying on a federal form or lying 0:21:36.280 --> 0:21:39.119 through the federal government in the course of a federal inquiry. 0:21:39.160 --> 0:21:41.840 And that's really where the extent that there's going to 0:21:41.920 --> 0:21:44.320 be a legal problem for Mr Santos. It's going to 0:21:44.400 --> 0:21:47.720 be questions about whether he lied in his financial disclosure 0:21:47.760 --> 0:21:51.480 forms and is can't take finance reporting. Federal prosecutors in 0:21:51.520 --> 0:21:54.800 the Eastern District of New York are reportedly looking into 0:21:54.800 --> 0:21:58.480 Santos's finances and how he was able to lend his 0:21:58.600 --> 0:22:03.280 campaign seven hundred thousand dollars when as late as he 0:22:03.440 --> 0:22:06.960 was declaring a salary of only fifty five thousand dollars. 0:22:07.359 --> 0:22:10.600 That's right, and in the context of his campaign, he 0:22:10.680 --> 0:22:14.280 claims to have loaned his campaign more than seven hundred 0:22:14.320 --> 0:22:17.640 thousand dollars in two and yet, as you point out, 0:22:18.119 --> 0:22:20.720 in he basically said he had an income of fifty 0:22:20.720 --> 0:22:24.920 five dollars and little there no assets. So a good 0:22:24.920 --> 0:22:27.199 part of the financing of his campaign came from this 0:22:27.880 --> 0:22:31.720 loan based on resources he claims to develop from this 0:22:32.119 --> 0:22:35.720 LLC devolder. But the year before he was basically declaring 0:22:35.800 --> 0:22:39.920 very little income. So the issue that complaint isn't fired 0:22:39.920 --> 0:22:42.919 with the FTC. And what I imagine the prosecutors are 0:22:42.920 --> 0:22:45.760 looking into is was this money really being funneled to 0:22:45.880 --> 0:22:48.359 him by other donors? Was he, in in fact a 0:22:48.400 --> 0:22:51.520 so called straw donor, claiming to be donating his own 0:22:51.560 --> 0:22:55.359 money but actually donating other people's money. Yeah, So let's 0:22:55.400 --> 0:22:59.800 talk about the complaint filed with the FEC by the 0:23:00.000 --> 0:23:04.160 Campaign Legal Center, which, as you say, accused his business 0:23:04.160 --> 0:23:08.240 of being a front for illegal straw donors and accused 0:23:08.320 --> 0:23:12.840 him of illegally using campaign funds for personal expenses like travel, 0:23:13.040 --> 0:23:17.520 luxury hotels, and expensive meals. That seems like it might 0:23:17.560 --> 0:23:21.200 be an easy thing to prove or disprove, right, they 0:23:21.200 --> 0:23:24.280 went through his financial the report here, you're you're required 0:23:24.320 --> 0:23:27.920 to file reports with the FEC about your campaign, both 0:23:27.960 --> 0:23:30.680 your contributions and your expenditures. And they went through his 0:23:30.720 --> 0:23:33.560 expenditure lists and found things that look like they might 0:23:33.560 --> 0:23:35.640 have been paying for rent on a home. They've been 0:23:35.640 --> 0:23:37.679