WEBVTT - Billionaire's Divorce and Immigration Issues 0:00:03.160 --> 0:00:07.960 This is Bloomberg Law with June Bresso from Bloomberg Radio. 0:00:09.080 --> 0:00:13.040 An underground market has emerged since the Biden administration announced 0:00:13.039 --> 0:00:16.560 it would accept thirty thou immigrants each month, arriving by 0:00:16.640 --> 0:00:20.840 air from Venezuela, Cuba, Nicaragua, and Haiti. Applicants for that 0:00:20.920 --> 0:00:24.680 humanitarian parole program needs someone in the US to promise 0:00:24.720 --> 0:00:28.320 to provide financial support for at least two years. Off 0:00:28.360 --> 0:00:30.960 in that person is a friend or relative. But what 0:00:31.120 --> 0:00:34.400 happens if a migrant doesn't have that friend or relative 0:00:34.479 --> 0:00:39.000 to promise financial support. Facebook groups with names like Sponsors 0:00:39.159 --> 0:00:43.839 US carried dozens of posts offering financial supporters, some demanding 0:00:43.880 --> 0:00:47.479 up to ten thousand dollars. According to the Associated Press, 0:00:48.040 --> 0:00:52.400 US Citizenship and Immigration Services warns about potential scams with 0:00:52.479 --> 0:00:57.360 the humanitarian parole program, but there's no indication that applications 0:00:57.360 --> 0:01:01.639 have been rejected because of concerns that potential sponsors might 0:01:01.680 --> 0:01:05.720 be requesting money joining these. Immigration law expert Leon Fresco, 0:01:05.840 --> 0:01:09.240 a partner at Holland to Night, Leon explain what's happening here, 0:01:09.520 --> 0:01:14.120 So here's what this situation is. Ever since the Russian 0:01:14.200 --> 0:01:19.399 invasion of Ukraine, the Biden administration has responded to various 0:01:19.400 --> 0:01:23.440 events around the world with a new concept calls allowing 0:01:23.520 --> 0:01:27.720 people to be paroled into the United States. They basically 0:01:27.760 --> 0:01:33.080 created this bifurcated process whereby an American could actually come 0:01:33.200 --> 0:01:36.039 forward and step up to the plate and say, you 0:01:36.080 --> 0:01:40.360 know what, I'm going to take the financial responsibility responsoring 0:01:40.400 --> 0:01:44.759 a particular foreign nationals. And then if that person gets 0:01:44.840 --> 0:01:47.680 vetted and it is used to have sufficient assets to 0:01:47.800 --> 0:01:50.600 do that, that that too happens. And then the foreign 0:01:50.680 --> 0:01:54.280 national comes forward and declares they're desired to want to 0:01:54.320 --> 0:01:58.080 be paroled and to essentially be within the offices of 0:01:58.120 --> 0:02:02.760 this foreign national and assuming those backgrounds checks clear, then 0:02:03.200 --> 0:02:05.800 the person can actually be paroled into the United States. 0:02:05.840 --> 0:02:08.600 And what a parole is is it's basically a permission 0:02:08.800 --> 0:02:13.040 document that says for a year, you have legal status 0:02:13.040 --> 0:02:15.600 in America, but at any point we can kick you 0:02:15.680 --> 0:02:19.359 out within the year if we revoke your parole. And 0:02:19.440 --> 0:02:21.079 within that year, you're gonna have to figure out what 0:02:21.120 --> 0:02:22.919 you want to do. Do you want to apply for asylum, 0:02:23.360 --> 0:02:24.760 do you want to do something? You know us, but 0:02:25.120 --> 0:02:27.040 you get to come in for a year and figure 0:02:27.080 --> 0:02:30.400 out what your plan is. And so what has happened 0:02:30.480 --> 0:02:33.800 is there are obviously many more people who demands to 0:02:33.840 --> 0:02:38.000 come into the United States, then there are a supply 0:02:38.400 --> 0:02:42.440 of individuals who are willing to actually and legitimately come 0:02:42.600 --> 0:02:48.519 forward and sponsor people financially for these parole documents. And so, 0:02:48.800 --> 0:02:52.640 like anything, nature of horrors a vacuums, and where people 0:02:52.720 --> 0:02:55.400 can find a way to make money, they do. And 0:02:55.520 --> 0:02:57.960 so people have decided, well, what if we were to 0:02:58.160 --> 0:03:03.160 sell sponsorship to some of these foreign nationals so they 0:03:03.200 --> 0:03:06.720 can pay to have people sponsor them. And so the government, 0:03:07.120 --> 0:03:10.280 having found out that this is now happening through various 0:03:10.360 --> 0:03:14.320 vomitoring of social media and talking to people and doing 0:03:14.320 --> 0:03:18.400 intelligence work, is trying to figure out, well, given the 0:03:18.440 --> 0:03:20.519 fact that we kind of made this program up in 0:03:20.639 --> 0:03:24.400 the fly and didn't actually say or figure out a 0:03:24.400 --> 0:03:27.000 way where this would be illegal, what are we to 0:03:27.080 --> 0:03:29.880 do now? Is this something we will allow to happen? 0:03:29.919 --> 0:03:32.080 Do we have to do something to not permit it 0:03:32.080 --> 0:03:34.880 to happen? And the government has sort of caught betwixt 0:03:34.960 --> 0:03:39.560 them between there because it seems odd. So you're paying someone, 0:03:39.640 --> 0:03:44.480 let's say, ten dollars for a promise to provide financial support, 0:03:45.280 --> 0:03:48.000 is that a real promise. Are they going to be 0:03:48.320 --> 0:03:52.640 providing the financial backup that the government is looking for. 0:03:53.400 --> 0:03:56.760 I mean, it's absolutely against for sure the spirit of 0:03:56.800 --> 0:04:01.320 the program. I think the question is what does sponsorship 0:04:01.400 --> 0:04:03.800 mean in this context. What I mean by that is 0:04:03.840 --> 0:04:09.600 to say, this process generates itself from something that happened 0:04:09.600 --> 0:04:14.120 in where the government was concerned about marriage fraud and 0:04:14.200 --> 0:04:16.600 what it said was, We're not just gonna let anybody 0:04:16.680 --> 0:04:20.479 marry a US citizens that U S citizens who marries 0:04:20.520 --> 0:04:23.159 a foreign national has to make a sufficient amount of 0:04:23.200 --> 0:04:28.120 income and actually say, if my wife, for my husband, 0:04:28.240 --> 0:04:31.040 whoever the spouse is, that the four nationals ends up 0:04:31.120 --> 0:04:34.599 using any government resources, then I agreed to be on 0:04:34.680 --> 0:04:38.200 the hook for paying those government resources. The government can't 0:04:38.240 --> 0:04:41.719 come in and have to sponsor my spouse for me. 0:04:42.080 --> 0:04:44.719 I have to do this. And so that's where the 0:04:44.760 --> 0:04:49.080 concept is based off of. And although that concept is 0:04:49.279 --> 0:04:53.480 very very very rarely enforced. The Trump administration was about 0:04:53.560 --> 0:04:56.000 to start doing that near the end of the first 0:04:56.080 --> 0:04:59.040 term of the Trump administration, to start coming after people 0:04:59.080 --> 0:05:02.000 and asking for money to be paid. It hadn't really 0:05:02.040 --> 0:05:07.000 been done since now this new program is sort of 0:05:07.040 --> 0:05:11.479 mimicking that but doesn't have the same statutory guideline, because 0:05:11.520 --> 0:05:14.280 that's part of the affidavit of sport was a statutory 0:05:14.320 --> 0:05:17.440 thing for that marriage issue. And so the question is 0:05:17.520 --> 0:05:20.760 if you're doing something that's not even a regulation, because 0:05:20.800 --> 0:05:23.720 this is all memo. Bay if you're basically writing a 0:05:23.720 --> 0:05:27.960 memo creating a parole program and creating the sponsorship requirement, 0:05:28.200 --> 0:05:31.880 does the government have any teeth to whatsoever to punish 0:05:31.880 --> 0:05:35.159 someone who's being a sponsor just because they're being paid 0:05:35.200 --> 0:05:38.520 to be a sponsor. And so that's the problem that 0:05:38.600 --> 0:05:41.760 the government has encountered. So it seems like there's a 0:05:41.800 --> 0:05:45.880 real possibility that fraud is involved. When they're filling out 0:05:46.040 --> 0:05:49.360 the forms and making these promises, they had to say 0:05:49.360 --> 0:05:53.320 what the relation is to the person? Right right? I mean, 0:05:53.400 --> 0:05:56.200 for sure, there's definitely if you commit fraud on the 0:05:56.200 --> 0:05:59.120 form if you say that you intend the papers for 0:05:59.279 --> 0:06:02.039 benefits of money if they don't actually do it, or 0:06:02.080 --> 0:06:04.279 if you say you're they're relative and you're not actually 0:06:04.320 --> 0:06:07.480 they're relative, or if you declare that you're doing this 0:06:07.520 --> 0:06:09.719 and good faith and you haven't been paid for it, 0:06:09.760 --> 0:06:11.600 which I think they're going to try to amend the 0:06:11.680 --> 0:06:14.600 form to do that that you can for sure, charge 0:06:14.680 --> 0:06:18.240 the person for fraud there, but it's something that I 0:06:18.279 --> 0:06:21.040 think they didn't even think about at the beginning, that 0:06:21.200 --> 0:06:24.200 this could be something that would happen. And of course, 0:06:24.520 --> 0:06:27.640 you always when you do one of these programs, have 0:06:27.839 --> 0:06:30.919 to be worried that bad actors will try to manipulate it, 0:06:31.240 --> 0:06:34.800 because that's been the history of any immigration programs of 0:06:34.839 --> 0:06:38.159 the United States. You've often said that most of the 0:06:38.200 --> 0:06:41.919 people who are coming here have someone that they're you know, 0:06:42.040 --> 0:06:46.480 intend to go to relative shouldn't most of these, you know, 0:06:46.520 --> 0:06:49.520 the Cubans and Nicaraguans and the Venezuelans have people here 0:06:49.520 --> 0:06:53.880 who could vouch for them this way, Oh agree. So 0:06:54.000 --> 0:06:57.440 for the people who would normally have used this program, 0:06:57.480 --> 0:06:59.839 there was not a problem at all finding a sponsor. 0:06:59.839 --> 0:07:02.320 And fact there are many many more people who have 0:07:02.520 --> 0:07:05.000 sponsors than there are going to be plots for these 0:07:05.040 --> 0:07:08.200 thirty six thousand visas a month. The point is, though, 0:07:08.200 --> 0:07:11.000 there are many people who don't know anybody, and now 0:07:11.080 --> 0:07:13.640 those people are being told, well, here's a way for 0:07:13.680 --> 0:07:16.880 you to know somebody. But what what is happening is 0:07:16.960 --> 0:07:20.360 not that there's an insufficient number of people who have sponsors. 0:07:20.560 --> 0:07:23.520 What's happening is that not every single person in that 0:07:23.600 --> 0:07:27.280 country has a sponsor, but by buying a sponsor you 0:07:27.360 --> 0:07:30.800 now open up the possibility of being sponsored to even 0:07:30.800 --> 0:07:34.320 more people than could have otherwise had that possibility. So 0:07:34.400 --> 0:07:36.400 these are people who would never have come but now 0:07:36.520 --> 0:07:40.000 might come because they can acquire a sponsor. I want 0:07:40.000 --> 0:07:43.040 to turn down to this case that's before the Supreme 0:07:43.120 --> 0:07:47.920 Court in two thousand three, sit to Wilkinson fled government 0:07:47.960 --> 0:07:51.600 persecution in his native Trinidad and Tobega for the United 0:07:51.640 --> 0:07:55.080 States on a tourist visa. He overstayed the visa and 0:07:55.120 --> 0:07:58.640 had a son who's a US citizen and who's regularly 0:07:58.960 --> 0:08:03.000 hospitalized due to severe asthma tax and when the government 0:08:03.000 --> 0:08:07.280 moved to deport him, Wilkinson asked for what's called cancelation 0:08:07.360 --> 0:08:10.880 of removal, arguing that his son and the boy's mother 0:08:11.040 --> 0:08:15.160 need him because he's the family's soul breadwinner. The boy's 0:08:15.240 --> 0:08:19.720 mother suffers from depression and would be left unable to 0:08:19.800 --> 0:08:25.040 cope medically or financially without his support. And immigration judge 0:08:25.080 --> 0:08:28.560 denied his request, as did the Third Circuit, and he's 0:08:28.640 --> 0:08:32.280 asking the Supreme Court to look at his case. So 0:08:32.440 --> 0:08:37.760 explain the background here whenever a don citizen goes through 0:08:37.800 --> 0:08:42.040 the removal process, if they have a claim that the 0:08:42.080 --> 0:08:46.559 Immigration Court and or the Board of Immigration Appeals applied 0:08:46.600 --> 0:08:50.600 the wrong laws their case, or incorrectly decided the law, 0:08:51.280 --> 0:08:56.640 or incorrectly did something that violated the constitution, those claims 0:08:56.679 --> 0:09:00.000 of law can be appealed to the courts of appeal. 0:09:00.280 --> 0:09:04.960 What can't be appealed are factual determinations. There's a small 0:09:05.000 --> 0:09:09.920 exception for factual determinations and asylum cases, but mostly factual 0:09:09.960 --> 0:09:13.880 determinations cannot be appealed. Now, three years ago, there was 0:09:13.920 --> 0:09:17.160 a decision in the Supreme Court that talked about these 0:09:17.200 --> 0:09:22.280 waivers of deportation, which is what happens is sometimes a 0:09:22.400 --> 0:09:25.439 deportation order has entered against you, but you can actually 0:09:25.480 --> 0:09:28.679 get a waiver where the judge says, Okay, I know 0:09:28.960 --> 0:09:32.280 we can deport you, but we will waive this deportation 0:09:32.360 --> 0:09:37.319 because you qualify. As a matter of discretion, you qualify 0:09:37.440 --> 0:09:39.200 for this waiver and so I'll give it to you. 0:09:39.280 --> 0:09:42.200 So you get to say. And what the court said 0:09:42.280 --> 0:09:46.000 is if something is an issue of mixed questions of 0:09:46.120 --> 0:09:49.600 facts and law, then they can review it. So now 0:09:49.640 --> 0:09:53.520 in this upcoming case that people are asking for review 0:09:53.559 --> 0:09:56.600 in the Supreme Court. What happens is the following. There's 0:09:56.600 --> 0:10:01.160 about four thousands plots a year for this type of 0:10:01.240 --> 0:10:05.480 relief called cancelation of removal. And what it is is 0:10:05.559 --> 0:10:08.960 if you're here without any status at all period and 0:10:09.040 --> 0:10:12.040 the government is trying to deport you, you can actually 0:10:12.080 --> 0:10:17.160 avoid deportation if you can prove that you've been here 0:10:17.200 --> 0:10:20.680 for over ten years. That's the first key thing, and 0:10:20.800 --> 0:10:25.120 secondly that your deportation is going to be causing. And 0:10:25.360 --> 0:10:28.520 it's a very difficult standard to meet. An exceptional and 0:10:28.679 --> 0:10:33.000 extremely unusual hardship to a U. S. Citizen is usually 0:10:33.040 --> 0:10:36.880 a US citizen child, but it can also be a U. S. 0:10:36.920 --> 0:10:41.040 Citizen spoused. And if you could prove that, then you 0:10:41.080 --> 0:10:44.520 could be allowed to say and actually get lawful permanent residency. 0:10:45.200 --> 0:10:48.199 So the question in this case was that the court 0:10:48.400 --> 0:10:53.000 felt that the amount of hardship that the person showed 0:10:54.000 --> 0:10:59.520 was not sufficient to meet this exceptional and extremely unusual 0:10:59.640 --> 0:11:02.800 heart of standard. We would all agree if the court 0:11:02.840 --> 0:11:05.760 got the facts wrong in this kind of question, you 0:11:05.840 --> 0:11:08.720 couldn't review that. You know, if the court thought, let's 0:11:08.720 --> 0:11:11.920 say they say this person didn't do anything for the community, 0:11:11.920 --> 0:11:14.000 and the person said, well, I had evidence that I 0:11:14.160 --> 0:11:16.320 volunteered in my church, so you should have put that 0:11:16.360 --> 0:11:19.560 in there and waited as a discretionary thing. That kind 0:11:19.559 --> 0:11:21.880 of thing wouldn't be able to be reviewed. But the 0:11:21.960 --> 0:11:25.920 question is if everybody agrees on the fact, can you 0:11:26.080 --> 0:11:30.199 then make a determination that could be reviewed about whether 0:11:30.280 --> 0:11:35.640 those facts were sufficient to me this exceptional and extremely 0:11:35.720 --> 0:11:39.520 unusual hardship standard or is that just for the judge 0:11:39.520 --> 0:11:43.240 to decide and that can't get reviewed, And so that's 0:11:43.280 --> 0:11:46.280 what's going to be potentially pizzing into the Supreme Court. 0:11:46.600 --> 0:11:48.240 So you know, a lot of people who have been 0:11:48.280 --> 0:11:52.439 here for a decade have children who are US citizens, 0:11:52.679 --> 0:11:54.640 and so it's not enough to say, well, I have 0:11:54.840 --> 0:11:57.640 three children who are US citizens and they're gonna miss 0:11:57.640 --> 0:12:00.680 me and it's gonna be awful for them. Correct, that's 0:12:00.720 --> 0:12:05.040 considered normal hardship. There's actually a famous Board of Immigration 0:12:05.040 --> 0:12:09.679 Appeals case called matter of Restina's and in that case, 0:12:09.880 --> 0:12:13.199 the person had something like three or four U. S 0:12:13.240 --> 0:12:18.600 citizens children, one with a severe mental illness, another one 0:12:18.640 --> 0:12:22.880 with a severe medical problem. And then the problem was 0:12:23.040 --> 0:12:26.400 if this person was deported, then not only could those 0:12:26.480 --> 0:12:29.120 kids not be taken care of, but she also had 0:12:29.120 --> 0:12:32.680 parents here in the United States and siblings, and the 0:12:32.720 --> 0:12:35.000 court said, when we put all of this stuff together, 0:12:35.600 --> 0:12:39.400 you barely make it. And so they didn't say, Okay, 0:12:39.440 --> 0:12:41.520 this is a slam dunk. And that was a case 0:12:41.600 --> 0:12:44.120 for where an immigration just said no, and then the 0:12:44.120 --> 0:12:47.040 Board of Immigration Appeal said, yeah, you you make it, 0:12:47.160 --> 0:12:49.599 but you barely make it. And so that was the 0:12:49.679 --> 0:12:53.720 kind of thing that was considered exceptional as extremely unusual hardship. 0:12:54.120 --> 0:12:57.640 And so that's the question here is does the person 0:12:57.720 --> 0:13:00.800 in this case meet that standard? And you know, to 0:13:00.880 --> 0:13:04.560 show it, you have to basically show serious medical issues 0:13:04.679 --> 0:13:07.079 or something of that kind that the U s it 0:13:07.240 --> 0:13:10.440 is in relative has that requires not only them to 0:13:10.480 --> 0:13:13.480 stay here, but perhaps you more importantly to stay here 0:13:13.480 --> 0:13:16.120 so you can give them the care they need or 0:13:16.160 --> 0:13:18.560 pay for the care that they need. And that's the 0:13:18.640 --> 0:13:21.360 kind of thing that's being talked about here. So here, 0:13:21.400 --> 0:13:24.440 I think that the sun has asthma and the mother 0:13:24.559 --> 0:13:27.000 is depressed, so she can't take care of him or 0:13:27.280 --> 0:13:31.040 support him financially. So now in this case, the immigration 0:13:31.120 --> 0:13:34.320 judge said no, did the Board of Immigration take a 0:13:34.320 --> 0:13:37.680 look at it? Yes, So in every case, both have 0:13:37.840 --> 0:13:40.440 to look at it, the immigration judge and the Board 0:13:40.440 --> 0:13:44.240 of Immigration Appeals, and the decision actually always gets appealed 0:13:44.280 --> 0:13:47.080 from the Board of Immigration Appeals. But what happens is 0:13:47.120 --> 0:13:50.280 the Board of Immigration Appeals often like here, acts like 0:13:50.320 --> 0:13:53.439 a rubber stamp, so they don't actually issue anything more. 0:13:53.880 --> 0:13:56.240 So that's why people say Board of Immigration a peals, 0:13:56.280 --> 0:14:00.720 But sometimes it's actually the immigration judge who they make 0:14:00.800 --> 0:14:04.040 the decision, and the Board of Immigration Appeal just as affirmed, 0:14:04.559 --> 0:14:07.560 and so then that decision gets appealed to the Court 0:14:07.559 --> 0:14:11.720 of Appeals. And so exactly like you said, this case 0:14:11.800 --> 0:14:14.680 here was the one where the child has as mine. 0:14:14.720 --> 0:14:17.560 They said that, you know, without some mother they wouldn't 0:14:17.559 --> 0:14:21.440 be able to betically or financially provide for this child 0:14:21.520 --> 0:14:25.840 who has asked not tax. And they viewed that as hardship, 0:14:26.080 --> 0:14:30.880 but again not exceptional and extremely unusual hardship. And so 0:14:31.000 --> 0:14:33.520 that's the question. And you know, this is like a 0:14:33.640 --> 0:14:36.920 perfect gray area type of case where if you get 0:14:36.960 --> 0:14:40.080 a very sympathetic judge they might approve it. But if 0:14:40.080 --> 0:14:42.000 you're get a judge that doesn't want to approve any 0:14:42.040 --> 0:14:45.400 of these, then they wouldn't approve this. And the question 0:14:45.520 --> 0:14:48.560 is can you set a standard for a case like 0:14:48.680 --> 0:14:51.000 this or is this really just up to the judge? 0:14:51.320 --> 0:14:53.080 And I think that's what the Supreme Court is going 0:14:53.120 --> 0:14:58.000 to be grappling with. Are the circuits split on this? Yes? Correct, 0:14:58.160 --> 0:15:01.080 the circuits are split on this. And so there are 0:15:01.160 --> 0:15:03.520 some circuits like the Ninth Circuit who says, yes, this 0:15:03.720 --> 0:15:08.560 can be reviewed because this is actually not a discretionary determination. 0:15:08.640 --> 0:15:12.880 This is a legal determination as to whether a specific 0:15:12.960 --> 0:15:16.360 agreed upon that a fact meets the legal standard of 0:15:16.480 --> 0:15:21.360 exceptional and extremely unusual art chip. But the Third Circuit says, no, 0:15:21.680 --> 0:15:26.040 this is not a legal question. This is a discretionary question, 0:15:26.120 --> 0:15:30.960 basically saying have you sufficiently tugged at the discretionary heart 0:15:31.040 --> 0:15:34.760 strings of the judge who get the relief? And so 0:15:34.800 --> 0:15:37.200 it'll be interesting to see what the Supreme Court thinks 0:15:37.240 --> 0:15:41.400 about this. Yet another case that now the Ninth Circuit 0:15:41.480 --> 0:15:46.479 is going to hear on banks over temporary protected status 0:15:46.560 --> 0:15:51.680 and so Trump pullback protections from migrants m L. Salvador, Haiti, Nicaragua, 0:15:51.760 --> 0:15:56.560 Sudan and also Nepal and Honduras, and the Biden administration 0:15:56.640 --> 0:16:01.760 has redesignated Haiti and Sudan for TPS. Status. Isn't that 0:16:01.920 --> 0:16:06.320 the Biden administration's decision whether or not there should be 0:16:06.360 --> 0:16:10.360 a TPS status for a country. I mean, why is 0:16:09.240 --> 0:16:14.800 this correct? Interestingly, this lawsuit started in the Trump administration 0:16:14.880 --> 0:16:16.960 when Trump tried to say, look, there's a lot of 0:16:17.000 --> 0:16:21.200 countries where their nationals were given temporary protective status for 0:16:21.440 --> 0:16:25.080 disasters that happened in the nineties, and so why here 0:16:25.120 --> 0:16:27.880 in the second part of the twenty one century are 0:16:27.920 --> 0:16:30.880 people still to stay on the basis of a disaster 0:16:31.320 --> 0:16:35.880 that was supposed to temporarily affect them in And so 0:16:36.120 --> 0:16:38.320 there was this lawsuit saying, yeah, but what you did 0:16:38.480 --> 0:16:41.840 was you were acting in a discriminatory manner that violated 0:16:41.920 --> 0:16:46.120 equal Protection clause, and you also violated the Administrative Procedure 0:16:46.160 --> 0:16:50.840 Act by not explaining the current conditions in the country 0:16:50.960 --> 0:16:53.800 and how those conditions have been effected since that mentor 0:16:53.840 --> 0:16:56.800 of disaster. And so all of this was in litigation, 0:16:56.880 --> 0:16:59.640 and then the Trump administration leeds and the Biden administration 0:16:59.720 --> 0:17:02.520 to come fact and oddly enough, as you point out, 0:17:02.560 --> 0:17:07.840 the Buiding administration doesn't continue the temporary protective status for 0:17:07.920 --> 0:17:11.119 some of these countries, and it actually continues to choose 0:17:11.160 --> 0:17:14.920 to litigate this issue, and so now this issue where 0:17:15.040 --> 0:17:19.400 the applicants had actually lost in the Ninth circuits, they 0:17:19.440 --> 0:17:22.640 are actually now getting a full on bond, meaning well 0:17:22.680 --> 0:17:25.040 that's the full Courtcuse in the ninth circuits there's so 0:17:25.040 --> 0:17:28.080 many judges. You get twelve judges, which is considered the 0:17:28.119 --> 0:17:30.600 full court. You get you get an on bank panel 0:17:30.880 --> 0:17:34.320 of well twelve judges. But but those judges are now 0:17:34.440 --> 0:17:39.239 going to consider what will be done? Could you an 0:17:39.320 --> 0:17:42.600 temporary protective states? That way, it affects the question if 0:17:42.640 --> 0:17:45.720 the government wins and wins all of the lawsuits, will 0:17:45.720 --> 0:17:50.200 the Biden administration simply find a different route to protect 0:17:50.200 --> 0:17:53.600 these people's fighting effects? Now, because I think what they've 0:17:53.640 --> 0:17:58.159 had a problem with, at least justifying this intellectually is 0:17:58.200 --> 0:18:02.320 I think they too think that there's a complication with 0:18:02.440 --> 0:18:08.480 saying that the conditions justify extensions of EPs. I think 0:18:08.480 --> 0:18:10.600 they think when that was sort of being done on 0:18:10.640 --> 0:18:13.960 an automated basis every eighteen months, that was one thing. 0:18:14.400 --> 0:18:17.560 But once an actual Department of Homeland Security, even if 0:18:17.600 --> 0:18:21.880 it was President Trump's department, it doesn't matter, went through 0:18:21.880 --> 0:18:23.720 the facts and said, look, we need to break this 0:18:23.840 --> 0:18:27.800 chain of causation. When they feel like it's true, there's 0:18:27.880 --> 0:18:33.840 not a natural disaster from to justify this continuous of 0:18:33.880 --> 0:18:37.640 PPS anymore. And so it will be interesting to see 0:18:38.040 --> 0:18:40.400 what happens after all of this is over. Do they 0:18:40.400 --> 0:18:44.120 cite some new reason that's more current to protect these 0:18:44.119 --> 0:18:47.919 people under temporary protective status or does that end up 0:18:47.920 --> 0:18:51.120 falling away yet again, That's going to be very interesting 0:18:51.160 --> 0:18:54.639 to see after this litigation is all over. It's supposed 0:18:54.680 --> 0:18:59.520 to be temporary, So why continue to protect people if 0:18:59.760 --> 0:19:02.280 you know the reason for protecting them is gone. That's 0:19:02.320 --> 0:19:06.159 sort of belies the whole the whole PILM. There was 0:19:06.200 --> 0:19:09.480 a bit of inertia that happened here where when the 0:19:09.640 --> 0:19:13.520 first happened in there were these earthquakes and hurricanes and 0:19:13.600 --> 0:19:16.960 things for these countries from Central America, you know. So 0:19:17.040 --> 0:19:19.800 there was eighteen months and then there was another eighteen months, 0:19:20.200 --> 0:19:23.359 and people sort of understood those first thirty six months, 0:19:23.600 --> 0:19:25.920 and then for the next eighteen months people said, well, 0:19:26.000 --> 0:19:29.240 maybe we need this last eighteen months. And then once 0:19:29.280 --> 0:19:31.560 you got past those eighteen months, then it was well, 0:19:31.800 --> 0:19:34.800 people have already been here for five years, six years, 0:19:34.840 --> 0:19:37.159 they've had U S citizen kids. Now you're going to 0:19:37.280 --> 0:19:40.040 deport them. What a creation of a tragedy you're doing. 0:19:40.480 --> 0:19:43.480 And so then that was the argument, and that sort 0:19:43.480 --> 0:19:47.720 of was inertia upon inertia upon inertia, and you ended 0:19:47.760 --> 0:19:51.639 up with this situation where you couldn't emotionally justify kicking 0:19:51.640 --> 0:19:55.040 people out who's now been here twenty five years. And 0:19:55.080 --> 0:19:57.320 so that's why Congress has these bills to try to 0:19:57.359 --> 0:20:01.040 get these folks green cards, but they have not passed. 0:20:01.080 --> 0:20:03.159 And so we are where we are, which is that 0:20:03.280 --> 0:20:07.120 the real purpose of the statute, which is to give 0:20:07.200 --> 0:20:12.200 temporary relief very difficult to argue that disaster is still 0:20:12.200 --> 0:20:16.080 the basis for someone saying in America, and so the 0:20:16.160 --> 0:20:18.600 question is what do you do that? So you know, 0:20:19.119 --> 0:20:23.960 every week there's another immigration problem, more policy that there's 0:20:24.040 --> 0:20:26.480 news on. So I guess it doesn't come as much 0:20:26.480 --> 0:20:29.320 as a surprise that a new Gallipo that was released 0:20:29.320 --> 0:20:35.000 today revealed that Americans are more dissatisfied with immigration into 0:20:35.040 --> 0:20:39.600 the country than they've been in years. Sixtent of respondents 0:20:39.680 --> 0:20:43.800 are dissatisfied with US immigration overall, and that's the lowest 0:20:44.000 --> 0:20:47.200 reading in a decade, and most say that they want 0:20:47.320 --> 0:20:50.399 immigration decreased. I wonder if a lot of this is 0:20:50.480 --> 0:20:54.440 because of the bussing of migrants from Texas has led 0:20:54.480 --> 0:20:58.840 to people in different parts of the country, you know, 0:20:59.080 --> 0:21:03.800 being exposed to the problems of placing migrants. I think 0:21:03.840 --> 0:21:07.080 this is all part of it. I think really what 0:21:07.320 --> 0:21:11.040 anything comes down to with regard to immigration law, or 0:21:11.080 --> 0:21:15.359 immigration policy or immigration acceptance by the populace in the 0:21:15.440 --> 0:21:20.160 United States is the following people of r A VACU. 0:21:20.920 --> 0:21:24.560 And so what happens is right now the only people 0:21:24.600 --> 0:21:27.480 talking about immigration are people pointing out that there's a 0:21:27.520 --> 0:21:32.040 problem with the immigration system. So Biden administration doesn't want 0:21:32.080 --> 0:21:34.960 to spend any time talking about immigration. In fact, in 0:21:35.000 --> 0:21:37.080 the State of the Union, they may have mentioned it 0:21:37.160 --> 0:21:40.240 for thirty seconds. If they mentioned it for thirty seconds, 0:21:40.280 --> 0:21:44.159 it was too long. And what really comes down to 0:21:44.440 --> 0:21:47.840 is this, whether you set the level at a high level, 0:21:48.080 --> 0:21:50.040 or you set the level at a low level, or 0:21:50.040 --> 0:21:52.560 you set the level at a medium level, what the 0:21:52.600 --> 0:21:57.639 American people want is a strategy of explanation and a 0:21:57.760 --> 0:22:01.080 feeling that it's not out of control. And that's the 0:22:01.160 --> 0:22:04.480 key for the Biden administration is to explain to people 0:22:05.240 --> 0:22:08.880 why the system is the way it is, why it's 0:22:08.920 --> 0:22:11.080 not out of control to the extent that they can 0:22:11.119 --> 0:22:13.719 explain that what their plan is to get it further 0:22:13.840 --> 0:22:17.840 under control, and why the system and the decisions they're making. 0:22:17.920 --> 0:22:21.240 This is the key part actually advanced the interests of 0:22:21.280 --> 0:22:25.840 America and American because a lot of the rhetoric for 0:22:26.080 --> 0:22:28.400 better and for worse for both because I think it's 0:22:28.400 --> 0:22:31.439 helpful and it's good to be compassionate to the people 0:22:31.560 --> 0:22:34.520 trying to flee a lot of terrible conditions in their 0:22:34.520 --> 0:22:37.000 home countries. But a lot of the rhetoric you hear 0:22:37.240 --> 0:22:41.560 from immigration advocate and from some people in the Democratic 0:22:41.600 --> 0:22:45.000 Party is a rhetoric that centered on the interests of 0:22:45.000 --> 0:22:47.560 the foreign national entering the United States and the problems 0:22:47.800 --> 0:22:51.840 they're suffering. And while that's understandable and sympathetic, you have 0:22:52.040 --> 0:22:54.400 to if you're going to sell a system and a 0:22:54.320 --> 0:22:57.480 and a series of decisions, selling on why that decision 0:22:57.720 --> 0:23:00.800 and that system is good for America and the national 0:23:00.840 --> 0:23:04.159 interest of nine States. And that's where the Republicans have 0:23:04.240 --> 0:23:08.159 made very good head road in talking about immigration in 0:23:08.160 --> 0:23:11.520 that way. They constantly use this phrase the national interest, 0:23:11.960 --> 0:23:15.520 and they constantly say that only low levels of immigration 0:23:15.520 --> 0:23:19.040 are good for the national interests of Americans. But because 0:23:19.040 --> 0:23:23.640 they're the only people making this argument, then that's what's 0:23:23.640 --> 0:23:26.200 going to be assumed, because nobody's making an argument about 0:23:26.280 --> 0:23:30.000 why moderate levels or higher levels are better for the 0:23:30.040 --> 0:23:34.359 American interest And so that's why you see this disconnect 0:23:34.400 --> 0:23:37.160 where more and more and more people continued to say 0:23:37.200 --> 0:23:40.080 on a higher and higher level that low immigration is 0:23:40.119 --> 0:23:43.320 good for America's national interests and that the current system 0:23:43.359 --> 0:23:46.920 is out of control. So the problem really is moving forward, 0:23:47.280 --> 0:23:51.160 can to buy the administration explain what it's doing, articulate 0:23:51.200 --> 0:23:55.040 a vision, articulate a system, and explain why that system 0:23:55.080 --> 0:23:57.720 and that vision is in the interests of America and 0:23:57.800 --> 0:24:03.240 Americans well. And also, immigration satisfaction was highest during the 0:24:03.280 --> 0:24:07.000 early part of former President Trump's term. So this is 0:24:07.040 --> 0:24:09.840 something that the Biden administration is going to have to 0:24:09.920 --> 0:24:16.359