WEBVTT - Border Talks & Cher Files for Son's Conservatorship 0:00:03.200 --> 0:00:08.000 This is Bloomberg Law with June Brusso from Bloomberg Radio. 0:00:10.160 --> 0:00:13.119 The battle between President Joe Biden and House Speaker Mike 0:00:13.240 --> 0:00:17.360 Johnson over Ukraine aid and immigration policy is coming to 0:00:17.440 --> 0:00:20.360 a head this week as Congress races to avert a 0:00:20.480 --> 0:00:24.880 January twentieth partial lapse in government funding. Leaders of both 0:00:24.920 --> 0:00:28.560 parties announced the contours of a spending plan yesterday, but 0:00:28.680 --> 0:00:31.520 it doesn't include the sixty one billion dollars in aid 0:00:31.560 --> 0:00:35.879 to Ukraine that Biden wants or the stringent border protections 0:00:35.960 --> 0:00:40.240 that conservative Republicans want. Last week, Johnson led a delegation 0:00:40.360 --> 0:00:43.560 of Republican lawmakers to the southern border in Texas. 0:00:44.159 --> 0:00:47.479 Last month alone, we saw the most illegal crossings in 0:00:47.560 --> 0:00:48.680 recorded history. 0:00:49.200 --> 0:00:52.160 It is an unmitigated disaster, a catastrophe. 0:00:52.680 --> 0:00:56.040 White House Press Secretary Kareem Jean Pierre called it a 0:00:56.080 --> 0:00:59.720 political stunt. And this immigration system has been broken for 0:00:59.800 --> 0:01:03.640 days and we need to have a bipartisan agreement to 0:01:03.760 --> 0:01:07.000 move forward on how to deal with the system. During 0:01:07.000 --> 0:01:09.559 me is Leon Fresco, a partner at Holland and Knight 0:01:10.000 --> 0:01:12.720 and the former head of the Office of Immigration Litigation 0:01:12.959 --> 0:01:16.000 at the Department of Justice. How much pressure is there 0:01:16.000 --> 0:01:20.520 on Biden to strike a deal considering the unprecedented number 0:01:20.560 --> 0:01:24.440 of migrants at the southern border last month. Also, a 0:01:24.440 --> 0:01:28.399 CBS News poll published Sunday found that two thirds of 0:01:28.440 --> 0:01:33.160 Americans disapprove of his approach to the US Mexico border. 0:01:33.400 --> 0:01:35.560 I've personally been in touch with some of the people, 0:01:35.640 --> 0:01:39.040 and I'm the staff negotiating this deal, and i can 0:01:39.120 --> 0:01:42.399 tell you that there is a lot of pressure that 0:01:42.440 --> 0:01:45.080 the White House feels under to reach a deal. They 0:01:45.120 --> 0:01:50.160 are actually pretty much trying to circumvent a lot of 0:01:50.200 --> 0:01:55.600 the traditional groups that sort of advocate for more compassionate 0:01:55.680 --> 0:01:59.480 immigration laws and are really trying to come to a 0:01:59.520 --> 0:02:03.120 deal with the Republicans, basically meeting them ninety percent of 0:02:03.160 --> 0:02:04.960 the way to where they want to go to, which 0:02:04.960 --> 0:02:09.040 would mean dramatic reductions in the ability for people to 0:02:09.080 --> 0:02:12.560 ask for asylum through the southern border if they enter 0:02:12.720 --> 0:02:16.640 illegally across the border. Basically under that scenario, they would 0:02:16.680 --> 0:02:21.360 be pushed back into Mexico and making people have to 0:02:21.400 --> 0:02:23.760 go in through the ports of entry instead of having 0:02:23.840 --> 0:02:27.040 to go in between the ports of entries where they 0:02:27.080 --> 0:02:29.600 wouldn't be allowed. They would just be pushed back, and 0:02:29.800 --> 0:02:34.000 the basic leftover issue that hasn't been fully resolved is 0:02:34.400 --> 0:02:39.040 can the president actually bring in people legally using his 0:02:39.160 --> 0:02:42.920 parole power during this time period or would there be 0:02:42.960 --> 0:02:46.080 some time periods if the if the amount of crossings 0:02:46.160 --> 0:02:49.880 was too high, that then that parole period would be limited. 0:02:50.360 --> 0:02:53.160 And I think that's the final issue that they haven't 0:02:53.200 --> 0:02:56.480 come to an agreement on. But there is going to 0:02:56.560 --> 0:02:59.400 be an agreement. That's going to upset. I think both 0:02:59.440 --> 0:03:02.720 sides of the left will be upset because this era 0:03:02.880 --> 0:03:05.000 of being able to sneak across the border and as 0:03:05.080 --> 0:03:07.040 for asylum is going to be over. That's going to 0:03:07.040 --> 0:03:11.240 be eliminated by this compromise even when it gets reached. 0:03:11.760 --> 0:03:15.160 And on the right, they will be upset that there 0:03:15.200 --> 0:03:17.639 will be some authority that the president will still be 0:03:17.720 --> 0:03:20.760 able to keep to let people in if there are 0:03:20.840 --> 0:03:24.360 circumstances that mayrit letting people in. And so you're going 0:03:24.440 --> 0:03:26.919 to see whether you can cobble together enough of a 0:03:27.040 --> 0:03:31.240 centrist coalition to say that there's been a success on 0:03:31.320 --> 0:03:32.239 border policy. 0:03:32.880 --> 0:03:36.560 Has a Biden administration used immigration parole more than other 0:03:37.240 --> 0:03:41.320 administrations and why is that such a sticking point for them? 0:03:42.160 --> 0:03:45.320 Yes, it has. In fact, there's been this thing called 0:03:45.360 --> 0:03:49.320 the ch and V the Cuban Hation Nicaragua and Venezuelan 0:03:49.440 --> 0:03:52.920 parole program where they're letting in thirty thousand people a 0:03:53.000 --> 0:03:57.160 month to just apply using the parole program to be 0:03:57.200 --> 0:04:00.240 able to come legally into the United States. And there's 0:04:00.240 --> 0:04:03.160 also what's called the Uniting for Ukraine program, which was 0:04:03.160 --> 0:04:06.400 a program that allowed Ukrainians to apply to enter the 0:04:06.480 --> 0:04:10.800 United States with paroles. And so the sticking point is 0:04:10.880 --> 0:04:14.680 if that's gone, then for situations like Ukraine or other things, 0:04:15.040 --> 0:04:17.280 if the President limits his authority to be able to 0:04:17.320 --> 0:04:19.840 bring in people those under those paroles, then there will 0:04:19.880 --> 0:04:23.160 be no way to bring people in. But these numbers, 0:04:23.240 --> 0:04:26.760 we're talking about something like five hundred thousand people being 0:04:26.839 --> 0:04:30.279 legally allowed to enter into the United States, in addition 0:04:30.400 --> 0:04:33.280 to the three million or so border crossers that are 0:04:33.279 --> 0:04:37.000 being apprehended on the southern border entering illegally. And so 0:04:37.120 --> 0:04:40.440 that's why the Republicans are saying they're concerned, is because 0:04:40.480 --> 0:04:43.160 they don't like those kind of numbers. And then one 0:04:43.200 --> 0:04:45.680 sort of prudential problem that happens with people who are 0:04:45.680 --> 0:04:49.120 paroled in the United States is great, you're parolled in, 0:04:49.720 --> 0:04:53.040 but then what happens in the year the parole expires, 0:04:53.440 --> 0:04:56.000 and very few people have another status they can switch 0:04:56.080 --> 0:04:59.960 to after this parole, and so that becomes another problem. 0:05:00.800 --> 0:05:04.520 Do you know what they've decided about, things like tightening 0:05:04.680 --> 0:05:10.560 asylum interviews and expanding expedited deportations. 0:05:11.080 --> 0:05:13.279 While I can't say every line of the bill what 0:05:13.320 --> 0:05:16.240 it's going to be, I can generally say that if 0:05:16.240 --> 0:05:19.440 they can reach an agreement that gets distributed to the Senators, 0:05:19.920 --> 0:05:24.039 there will be a recreation of the old Title forty two, 0:05:24.200 --> 0:05:29.800 which basically says that during periods of high migration, the 0:05:29.880 --> 0:05:32.480 United States will be able to shut people out who 0:05:32.520 --> 0:05:35.360 are coming in between the ports of entry, meaning they 0:05:35.360 --> 0:05:38.719 will be able to push people out without doing anything. 0:05:39.080 --> 0:05:43.040 So there will be no excuse to cross the border illegally. Now, 0:05:43.040 --> 0:05:47.599 there will be some exceptions for very urgent humanitarian concerns, 0:05:48.160 --> 0:05:51.120 but that's it. Other than that, there will be no 0:05:51.279 --> 0:05:54.800 asylum process that can be accessed by people crossing the border, 0:05:54.800 --> 0:05:59.000 and that will be triggered by certain thresholds of increased immigration. 0:05:59.880 --> 0:06:02.919 And that's going to be one aspect of it, and 0:06:02.960 --> 0:06:06.159 the second aspect of it will be even if you 0:06:06.279 --> 0:06:09.640 then get this opportunity to be questioned, it'll be at 0:06:09.640 --> 0:06:12.479 a higher level, so it will not be this credible 0:06:12.520 --> 0:06:15.119 fear process, but it will be at the higher level 0:06:15.120 --> 0:06:18.640 of the reasonable fear process, which in reality, what that 0:06:18.680 --> 0:06:22.000 means is it'll go from about an eighty percent success 0:06:22.080 --> 0:06:24.279 rate where you're allowed to stay in the country to 0:06:24.360 --> 0:06:27.800 about a forty to fifty percent success rate, whereby you'll 0:06:27.839 --> 0:06:29.279 be allowed to stay in the country. 0:06:29.800 --> 0:06:33.159 And could any of these changes be implemented under the 0:06:33.160 --> 0:06:33.799 current law. 0:06:34.360 --> 0:06:34.560 No. 0:06:34.560 --> 0:06:34.760 No. 0:06:34.920 --> 0:06:38.760 In fact, Congress would be changing the statutes, which is 0:06:38.760 --> 0:06:41.440 the thing that they haven't been allowed to do in 0:06:41.520 --> 0:06:46.120 the past, meaning there wasn't a congressional coalition that had 0:06:46.240 --> 0:06:48.719 enough votes to change the statute. So the idea is 0:06:48.720 --> 0:06:52.680 they would actually change the statutes, which would be quite 0:06:52.720 --> 0:06:57.960 the interesting development, and some people would actually argue that 0:06:58.279 --> 0:07:01.440 it would actually run us a file of treaties that 0:07:01.480 --> 0:07:04.880 we have written in the past adopting the Refugee Convention. 0:07:05.720 --> 0:07:08.080 But that can be done, meaning if the United States 0:07:08.160 --> 0:07:11.320 government wants to pull out of certain obligations that it's 0:07:11.360 --> 0:07:14.320 made under the Refugee Convention, it can do that by 0:07:14.640 --> 0:07:17.120 passing a statue that does that. But that may be 0:07:17.280 --> 0:07:19.600 what it actually has to end up doing here in 0:07:19.760 --> 0:07:24.600 order to vacate the previous commitments that made under the Refugee. 0:07:24.080 --> 0:07:28.920 Convention and the Mexican president in return for help and 0:07:29.000 --> 0:07:33.520 stopping illegal immigration, he's demanding the US give twenty billion 0:07:33.600 --> 0:07:37.360 to Latin America and Caribbean countries, grant work visas to 0:07:37.480 --> 0:07:40.080 ten million Hispanics who've worked in the US for at 0:07:40.120 --> 0:07:44.119 least ten years, and end sanctions against Venezuela and halt 0:07:44.160 --> 0:07:47.120 the blockade of Cuba. I mean, that's just not going 0:07:47.160 --> 0:07:47.640 to happen. 0:07:48.080 --> 0:07:52.040 Tho. They are unrealistic requests, and in fact, they actually 0:07:52.360 --> 0:07:57.320 cause a problem because they make President Biden look ineffectual. 0:07:57.760 --> 0:08:00.840 When President Trump wanted Mexico to do certain things with 0:08:00.880 --> 0:08:03.080 regard to immigration, he simply said, I'm going to pull 0:08:03.120 --> 0:08:07.040 out a NaSTA and I'm going to tax remittances and 0:08:07.080 --> 0:08:10.640 I'm going to tax cars at thirty percent. And that 0:08:10.840 --> 0:08:14.280 scared over Door enough that he was willing to actually 0:08:14.680 --> 0:08:17.840 move forward and do what Trump wanted. Whereas if he's 0:08:17.880 --> 0:08:21.640 making all of these demands for cooperation with Biden, who 0:08:21.760 --> 0:08:24.800 sort of isn't making these crazy demands back then, it 0:08:24.880 --> 0:08:27.080 sort of leads people to think, well, maybe Trump had 0:08:27.120 --> 0:08:30.760 the right approach here, which was to threaten Mexico. Now, 0:08:30.800 --> 0:08:33.360 I understand President Biden has wanted to be a good 0:08:33.360 --> 0:08:36.440 faith actor here, but if the good faith isn't rewarded, 0:08:36.640 --> 0:08:39.200 then you start to say, well, maybe there's other ways 0:08:39.200 --> 0:08:40.480 we need to deal with Mexico. 0:08:41.080 --> 0:08:43.959 Is the House going to be an impediment to this 0:08:44.040 --> 0:08:45.080 deal getting through? 0:08:46.000 --> 0:08:48.120 This is the issue which is, at the end of 0:08:48.160 --> 0:08:50.800 the day, what is the House going to do? Is 0:08:51.160 --> 0:08:54.880 there going to be a disagreement where President Trump says, 0:08:54.880 --> 0:08:57.280 no matter what deal is reached, that the deal is 0:08:57.320 --> 0:09:00.520 too weak. Does that cause too many House members to 0:09:00.600 --> 0:09:04.400 then defect because President Trump said the House is too weak? 0:09:04.960 --> 0:09:08.719 And then does that make Speaker Johnson have to make 0:09:08.720 --> 0:09:12.480 a decision between maintaining his speakership and funding the government. 0:09:12.520 --> 0:09:15.480 Because the problem is if the Senate actually reaches a 0:09:15.559 --> 0:09:18.760 deal and passes a deal to fund the government, which 0:09:18.760 --> 0:09:22.000 includes a border deal, which is essentially free money for 0:09:22.040 --> 0:09:25.000 the Republicans, from the standpoint that it will probably do 0:09:25.240 --> 0:09:29.640 very little to make Democrats happy. And if Republicans still 0:09:29.679 --> 0:09:33.079 reject that quote unquote free money on the border because 0:09:33.080 --> 0:09:35.760 they say it's not enough, then they're going to look bad. 0:09:35.800 --> 0:09:38.280 And that will put Speaker Johnson in a terrible position 0:09:38.320 --> 0:09:41.200 where either he will be blamed for shutting down the 0:09:41.240 --> 0:09:44.200 government or he'll lose his speakership for putting it up 0:09:44.240 --> 0:09:47.960 for what's called the vote on suspension, where Democrats would 0:09:48.000 --> 0:09:50.160 do most of the heavy lifting along with let's say 0:09:50.200 --> 0:09:53.959 fifty to sixty Republicans in order to pass the budget. 0:09:54.320 --> 0:09:56.920 But then that would lead the majority of his conference 0:09:56.960 --> 0:09:59.600 to be very upseted in and vote him out of the. 0:09:59.520 --> 0:10:02.800 Speakers coming up next for going to leave Congress and 0:10:02.880 --> 0:10:05.360 turn to the courts. New York has filed a suit 0:10:05.400 --> 0:10:09.199 against the bus companies bringing migrants to the city, and 0:10:09.240 --> 0:10:12.560 the Biden administration has filed a suit against Texas. I'm 0:10:12.640 --> 0:10:16.080 June Gross when you're listening to Bloomberg. New York City 0:10:16.080 --> 0:10:19.319 and Mayor Eric Adams announced a lawsuit against bust and 0:10:19.440 --> 0:10:24.760 transportation companies that helped transport asylum seekers from Texas to 0:10:24.880 --> 0:10:28.520 New York City, calling their actions bad faith conduct. 0:10:28.920 --> 0:10:33.440 Our administration filed a lawsuit against seventeen companies that have 0:10:33.520 --> 0:10:37.959 taken part in Texas Governor Greg Abbott's scheme to transport 0:10:38.400 --> 0:10:42.040 tens of thousands of migrants to New York City. In 0:10:42.080 --> 0:10:46.079 an attempt to overwhelm our social services system. 0:10:46.240 --> 0:10:48.840 The lawsuit seeked seven hundred and eight million dollars to 0:10:48.880 --> 0:10:51.640 cover the costs of caring for the migrants sent to 0:10:51.679 --> 0:10:54.160 the city. In the past two years, I've been talking 0:10:54.200 --> 0:10:56.960 to immigration law expert ly On Fresco, a partner at 0:10:56.960 --> 0:10:59.760 Holland and Knight. So this is based on a law 0:10:59.800 --> 0:11:03.320 news New York that penalizes people who quote bring a 0:11:03.400 --> 0:11:05.880 needy person from out of the state into this state 0:11:06.240 --> 0:11:09.079 for the purpose of making him a public charge. I mean, 0:11:09.080 --> 0:11:10.880 has there been another lawsuit like this before? 0:11:11.040 --> 0:11:14.160 Have there been other lawsuits that have tried to enforce 0:11:14.240 --> 0:11:16.679 provisions like this in other states and they've been ruled 0:11:16.679 --> 0:11:20.920 to be unconstitutional because they violate the Privileges and Immunities 0:11:21.000 --> 0:11:24.320 clause of the Constitution, whereby, you know, if you're in 0:11:24.360 --> 0:11:26.400 one state, you're allowed to go from one state to 0:11:26.440 --> 0:11:30.280 another state, and states can't ban you from being transported 0:11:30.280 --> 0:11:33.720 from one state to the other. There's interstate commerce issues also, 0:11:34.320 --> 0:11:38.320 and so from that standpoint, it makes it very difficult 0:11:38.320 --> 0:11:40.040 for the State of New York to make a claim 0:11:40.120 --> 0:11:45.439 like this, most likely that will be viewed as unconstitutional. 0:11:45.679 --> 0:11:47.880 They didn't even make the claim in federal court. They 0:11:47.920 --> 0:11:51.480 made the claim in the New York state court system, 0:11:52.120 --> 0:11:54.400 and I think the reason they did that is because 0:11:54.440 --> 0:11:57.440 they know that it's very little likelihood of success in 0:11:57.520 --> 0:12:00.000 this litigation. But they're just trying to make a point, 0:12:00.760 --> 0:12:03.880 especially since they're suing these bus companies. The bus companies 0:12:03.920 --> 0:12:06.720 probably don't want to spend a lot of money defending 0:12:06.760 --> 0:12:09.360 a lawsuit that they can at least try to get 0:12:09.360 --> 0:12:13.199 the bus companies to stop doing this and that will 0:12:13.240 --> 0:12:15.679 at least solve some of the problems. Whereas if they 0:12:15.679 --> 0:12:18.319 assume the state of Texas, that would have been a 0:12:18.360 --> 0:12:20.520 whole other thing, where Texas would have had just as 0:12:20.559 --> 0:12:24.400 many resources as New York to litigate this, and probably 0:12:24.440 --> 0:12:27.200 New York would have realized this was not a high 0:12:27.240 --> 0:12:30.880 likelihood of success. The issue is here, this may not 0:12:30.960 --> 0:12:34.120 be designed so much for success, but rather to put 0:12:34.160 --> 0:12:36.800 the bus companies usually don't have a lot of capital 0:12:37.160 --> 0:12:39.880 to a decision of whether they want to spend thousands 0:12:39.920 --> 0:12:42.760 and thousands of dollars litigating a lawsuit or would they 0:12:42.880 --> 0:12:46.320 rather just settle out by not bringing people into New York. 0:12:46.600 --> 0:12:48.640 And I think that was the calculation here. 0:12:48.960 --> 0:12:52.920 Let's go to the Biden administration last week suing the 0:12:52.920 --> 0:12:57.240 state of Texas over that new law that empowers the 0:12:57.320 --> 0:13:01.760 state to arrest people suspected of entering the country illegally. 0:13:02.400 --> 0:13:05.959 Is the Biden administration's lawsuit any different from the lawsuit 0:13:06.000 --> 0:13:10.520 that was filed by the County of El Paso. 0:13:10.760 --> 0:13:14.080 It's the identical claims. And there's actually president for this, 0:13:14.160 --> 0:13:17.640 which was in twenty twelve when Arizona tried to have 0:13:17.760 --> 0:13:21.080 similar laws that they enacted to try to take in 0:13:21.160 --> 0:13:24.840 immigration enforcement and make it a state issue. There was 0:13:24.880 --> 0:13:27.880 two lawsuits. There was one done by the ACLU and 0:13:27.960 --> 0:13:32.440 other private entities that sued the State of Arizona, and 0:13:32.480 --> 0:13:34.920 then there was a separate lawsuit that was done by 0:13:34.960 --> 0:13:38.160 the United States government that sued the State of Arizona. 0:13:38.200 --> 0:13:41.000 Here we have the same concept. We have one lawsuit 0:13:41.200 --> 0:13:44.280 which is the cities and private entities and others who 0:13:44.320 --> 0:13:48.120 are challenging the Texas law. And we also have again 0:13:48.240 --> 0:13:50.679 the same thing where the United States government in its 0:13:50.679 --> 0:13:55.000 own lawsuit challenges the Texas laws. And the theories in 0:13:55.080 --> 0:13:58.920 both cases are the same, which is that these efforts 0:13:58.960 --> 0:14:02.720 to inform the immigration law, even if they could be 0:14:02.840 --> 0:14:06.360 considered in harmony with the immigration code should still be 0:14:06.440 --> 0:14:11.080 viewed as preempted, because when states start to speak with 0:14:11.200 --> 0:14:14.760 different minds as to how the immigration law is to 0:14:14.840 --> 0:14:18.080 be enforced, then the federal government ceases to be able 0:14:18.120 --> 0:14:21.680 to do many important things in a unanimous way, meaning 0:14:21.800 --> 0:14:24.760 they don't the way they would deal with foreign nationals, 0:14:25.080 --> 0:14:27.920 the way they would deal with foreign governments, the way 0:14:27.960 --> 0:14:32.360 they would deal with various transportation issues. All of that 0:14:32.400 --> 0:14:35.120 becomes limited, and so all of that, hence should be 0:14:35.160 --> 0:14:39.000 preempted from being able to be taken into the hands 0:14:39.000 --> 0:14:41.200 of the states as opposed to having the federal government 0:14:41.280 --> 0:14:45.200 run a uniform immigration system. And so that's the theory 0:14:45.200 --> 0:14:48.080 of this. Lasses there's also theory that it violates both 0:14:48.120 --> 0:14:52.600 the interstate and the foreign commerce clauses, and those matter 0:14:52.720 --> 0:14:55.280 as well. From the standpoint again, like we've talked about 0:14:55.440 --> 0:14:59.800 the relationships you have with regard to other countries, and 0:15:00.080 --> 0:15:03.160 you're shutting down certain things with regard to immigration, do 0:15:03.200 --> 0:15:06.640 you unwittingly shut down legal areas of commerce as well? 0:15:07.360 --> 0:15:11.720 And from that standpoint, at least viz Are the President 0:15:11.800 --> 0:15:15.160 said in Arizona versus the United States, it's going to 0:15:15.200 --> 0:15:18.440 be very likely that there will be an injunction somewhere 0:15:18.440 --> 0:15:21.400 along the line, whether it's by the District Court or 0:15:21.440 --> 0:15:25.240 the Fifth Circus. But the question is does the Supreme 0:15:25.320 --> 0:15:29.520 Court end up overturning the Arizona law. And we have 0:15:29.640 --> 0:15:34.280 three justices. We have Justice Cony Barrt, we have Justice Cavanaugh, 0:15:34.320 --> 0:15:37.800 we have Justice Corsage that have never said anything about 0:15:37.800 --> 0:15:40.760 the Arizona case, and so will be interesting to see 0:15:40.760 --> 0:15:44.920 if those three will join Justice Alito and Justice Thomas 0:15:45.080 --> 0:15:48.120 who ruled in favor of Arizona during the time of 0:15:48.120 --> 0:15:52.000 the Arizona litigation, in order to create a five four 0:15:52.160 --> 0:15:56.800 majority for overturning the Arizona case and actually allowing Texas 0:15:56.800 --> 0:15:57.920 to enforce this law. 0:15:58.440 --> 0:16:01.480 The Fifth Circuit, if it's following the Supreme Court precedent, 0:16:02.000 --> 0:16:06.360 will rule against Texas here. However, the Fifth Circuit we've 0:16:06.400 --> 0:16:09.120 seen before not follow. 0:16:08.840 --> 0:16:13.440 Precedent correct It's possible the Fifth Circuit could say this 0:16:13.640 --> 0:16:16.720 is different than Arizona because at the end of the day, 0:16:17.200 --> 0:16:20.320 Texas isn't actually going to deport anybody. It's just going 0:16:20.400 --> 0:16:22.680 to put them right at the edge of the border 0:16:23.120 --> 0:16:27.200 and punish someone who that doesn't leave. But those distinctions 0:16:27.240 --> 0:16:29.960 are really dancing on the nail head of a pin 0:16:30.760 --> 0:16:34.640 And I don't think those distinctions, if one was analyzing 0:16:34.680 --> 0:16:38.960 this in good faith, make it any different than Arizona. 0:16:39.560 --> 0:16:42.760 And so really it will just become maybe whether the 0:16:42.760 --> 0:16:45.360 Fifth Circuit wants to have some language in there that 0:16:45.480 --> 0:16:49.200 is dicta saying, although we're bound by Arizona, we think 0:16:49.240 --> 0:16:52.160 this is a wrong opinion, and we hope that the 0:16:52.200 --> 0:16:55.360 Supreme Court takes it up and reverses it. I could 0:16:55.360 --> 0:16:58.720 see that easily happening, but we'll have to see how 0:16:59.160 --> 0:17:02.800 disciplined and how faithful the Fifth Circuit wants to be 0:17:02.920 --> 0:17:06.160 to the language of the Arizona Supreme Court decisions. 0:17:06.480 --> 0:17:10.679 And in yet another case involving Texas immigration and the 0:17:10.720 --> 0:17:15.399 Biden administration, the administration is asking the Supreme Court to 0:17:15.520 --> 0:17:19.160 step in and allow it to remove parts of the 0:17:19.240 --> 0:17:21.800 twenty mile fence along the southern border. 0:17:22.080 --> 0:17:25.879 So Texas has built fencing of razor wire fencing along 0:17:25.960 --> 0:17:29.520 its border, and it's about twenty nine miles of fencing 0:17:29.560 --> 0:17:33.639 along the southern borders, razor wire fencing along the Rio Grande. 0:17:34.280 --> 0:17:37.800 And what the Fifth Circuit did is they sighted with Texas, 0:17:37.840 --> 0:17:41.679 saying that Texas could sue and say that the federal 0:17:41.720 --> 0:17:45.920 government was committing toward the law violation by cutting down 0:17:46.000 --> 0:17:50.320 this wiring unless there was a humanitarian emergency or serious 0:17:50.400 --> 0:17:54.359 risk to human life. And what the federal government is 0:17:54.400 --> 0:17:56.960 saying is that's not how it works. There's a supremacy 0:17:56.960 --> 0:18:02.000 clause issue here, and the federal government gets to absolutely, 0:18:02.600 --> 0:18:05.760 under federal statute be able to decide what are the 0:18:05.800 --> 0:18:09.919 barriers that are actually placed between the United States and 0:18:09.960 --> 0:18:13.960 any foreignancy or anything on any border, and that that 0:18:14.440 --> 0:18:17.840 is the full authority of the Department of Homeland Security 0:18:17.960 --> 0:18:20.800 to do that. And so thus the State of Texas 0:18:20.800 --> 0:18:25.440 should be enjoined from doing this under the all ritzacs. 0:18:25.480 --> 0:18:28.800 And the point is they're saying that under the statutes 0:18:28.960 --> 0:18:32.480 eight USC. Thirteen fifty seven that they have the ability 0:18:32.600 --> 0:18:35.800 to access this land within twenty five miles of the 0:18:35.840 --> 0:18:39.439 border and be able to do anything they want to 0:18:39.480 --> 0:18:41.679 do within that land to protect the border. And if 0:18:41.720 --> 0:18:44.879 they feel in their judgment that this razor wire is 0:18:44.880 --> 0:18:48.040 harming their ability to do that, then they're permitted under 0:18:48.119 --> 0:18:51.240 the supremacy claus to cut down that wire. And so 0:18:51.440 --> 0:18:53.919 that's the question at the end of the day, is 0:18:54.240 --> 0:18:58.480 who's right. The State of Texas has the ability to 0:18:58.560 --> 0:19:02.760 sue the government for taking down its property under the 0:19:02.800 --> 0:19:06.920 Federal Court Plains Act. Or does the United States or 0:19:07.080 --> 0:19:10.760 the Supremacy Clause have the ability to say, no, you 0:19:10.800 --> 0:19:12.800 can't put up this razor wire fence. 0:19:13.160 --> 0:19:16.879 It sounds like an important question. Do you think the 0:19:16.920 --> 0:19:19.320 court will take it take the case? 0:19:19.440 --> 0:19:22.119 I think the Court will end up taking it. The 0:19:22.320 --> 0:19:25.000 federal government when they ask for a Supreme Court review 0:19:25.119 --> 0:19:28.159 on an issue, they usually get it. And because the 0:19:28.200 --> 0:19:30.480 state of affairs at the moment is that Texas has 0:19:30.560 --> 0:19:33.919 defeated the United States government on an issue that the 0:19:34.000 --> 0:19:38.280 United States government says is inverted visa visa supremacy clause, 0:19:38.560 --> 0:19:42.119 the Supreme Court usually does get involved there to decide 0:19:42.160 --> 0:19:43.080 who's right about that. 0:19:43.520 --> 0:19:46.200 So there may be a few immigration cases the Supreme 0:19:46.240 --> 0:19:50.840 Court steps into. Thanks so much, Leon, that's Leon Fresco 0:19:50.960 --> 0:19:54.199 of Holland and Knight coming up next. Share wants a 0:19:54.240 --> 0:19:58.679 conservatorship over her son Elijah Blues money. I'm June Gross 0:19:58.680 --> 0:20:03.280 when you're listening to Bloomberg. Scherf has filed a petition 0:20:03.400 --> 0:20:07.800 for control of the finances of her son, Elijah Blue Allmen, 0:20:08.320 --> 0:20:11.480 saying his struggles with addiction and mental health have left 0:20:11.520 --> 0:20:14.920 him unable to manage his money. The forty seven year 0:20:14.960 --> 0:20:18.119 old Almon receives money from a trust left by his 0:20:18.240 --> 0:20:22.359 late father, musician Greg Alman, but an LA judge refused 0:20:22.359 --> 0:20:26.960 to immediately put Almond into the conservatorship that sha is seeking, 0:20:27.240 --> 0:20:30.159 and he is opposing. The court will take up the 0:20:30.240 --> 0:20:34.560 issue again at another hearing on January twenty ninth. Joining 0:20:34.560 --> 0:20:37.719 me is Chris Melcher, a partner at Wallser Melcher and Yoda. 0:20:38.320 --> 0:20:43.000 So is Shaer asking for a conservatorship over his finances 0:20:43.119 --> 0:20:44.639 or over his person. 0:20:44.840 --> 0:20:50.800 Petition for a conservatorship over the estate, which would give 0:20:50.920 --> 0:20:55.680 her control over his financial affairs. She did not check 0:20:55.720 --> 0:20:59.879 the box for a conservatorship over the person, which is 0:21:00.080 --> 0:21:03.399 the most restrictive type of conservatorship that would have given 0:21:03.440 --> 0:21:07.520 her control over essentially his body. You know, where he 0:21:08.000 --> 0:21:12.600 goes and who he sees, where he lives, medical decisions, 0:21:12.840 --> 0:21:16.119 those type of things were not requested. It was a 0:21:16.800 --> 0:21:18.440 over financial affairs only. 0:21:18.880 --> 0:21:22.560 So this is different from let's say the Britney Spears conservatorship. 0:21:23.080 --> 0:21:28.639 That's right, Brittany found herself under the most restrictive type 0:21:28.640 --> 0:21:32.960 of conservatorship possible, where all of her liberties were essentially 0:21:33.200 --> 0:21:37.239 stripped from her and granted to her father because that 0:21:37.480 --> 0:21:41.399 was a conservatorship of the person and also of the estate. 0:21:41.720 --> 0:21:44.480 We'll explain why she's asking for this conservatorship. 0:21:45.080 --> 0:21:50.080 Sure, so, a conservatorship over the estate, meaning financial affairs, 0:21:50.119 --> 0:21:54.879 can be imposed for an adult when that person is 0:21:55.560 --> 0:22:01.159 unable to resist fraud or undue influence, usually because of 0:22:01.200 --> 0:22:05.320 some kind of health condition. So Share is claiming that 0:22:05.760 --> 0:22:10.719 Elijah Blue, you know, has a history of substance abuse 0:22:10.920 --> 0:22:14.680 problems that have been severe. I think Elijah Blue acknowledges 0:22:14.840 --> 0:22:17.760 that he's, you know, had these problems. I mean, how 0:22:17.800 --> 0:22:20.280 could he not. He's been in and out of rehab. 0:22:21.000 --> 0:22:26.760 So Share is under the belief that if Elijah Blue 0:22:26.800 --> 0:22:30.640 had access to all of his money and apparently there 0:22:30.720 --> 0:22:32.840 was going to be some other big distributions I think 0:22:32.840 --> 0:22:36.359 coming up, that he would waste all the money on 0:22:36.440 --> 0:22:40.800 drugs or you know, be taken advantage of, and that 0:22:40.880 --> 0:22:44.639 this was such a severe problem that he has that 0:22:44.760 --> 0:22:47.439 it could kill him. That that it's not just that 0:22:47.480 --> 0:22:49.800 his money would be gone, but that he would take 0:22:49.880 --> 0:22:52.560 so many drugs that he would die from. It is 0:22:52.640 --> 0:22:55.919 the you know, the peril or risk that Share was 0:22:56.200 --> 0:23:00.520 alleging to grant her financial control over his. 0:23:00.520 --> 0:23:04.720 Life, and so what factors does a judge way in 0:23:05.160 --> 0:23:06.120 determining this. 0:23:07.359 --> 0:23:10.960 So the first question is in this type of situation 0:23:11.240 --> 0:23:15.879 is I mean, ultimately, can Elijah Blue resist fraud and 0:23:16.040 --> 0:23:22.000 undue influence? So what physical or psychological problem does Elijah 0:23:22.080 --> 0:23:26.600 Blue have that would prohibit him or keep him from 0:23:27.520 --> 0:23:32.359 resisting efforts to defraud him or efforts to take advantage 0:23:32.359 --> 0:23:36.040 of him. That's the standard under the California Probate Code. 0:23:36.160 --> 0:23:40.400 The Probate Code in this particular situation doesn't say anything 0:23:40.440 --> 0:23:45.359