1 00:00:03,200 --> 00:00:07,960 Speaker 1: This is Bloomberg Law with June Brusso from Bloomberg Radio. 2 00:00:13,480 --> 00:00:17,400 Speaker 1: Since the invasion by Russia, about three million Ukrainians have 3 00:00:17,520 --> 00:00:21,720 Speaker 1: fled their country, the vast majority to European Union countries, 4 00:00:22,000 --> 00:00:25,720 Speaker 1: which allow them to travel visa free. President Biden praised 5 00:00:25,720 --> 00:00:29,000 Speaker 1: the Irish Prime Minister this week for his country's welcome 6 00:00:29,080 --> 00:00:32,440 Speaker 1: to Ukrainians. What Ireland is doing now, what you're doing 7 00:00:33,080 --> 00:00:38,680 Speaker 1: taking in Ukrainian refugees. Speak so loudly about your principles, 8 00:00:39,560 --> 00:00:42,680 Speaker 1: and it's amazing, and I want to public recompliment you 9 00:00:42,760 --> 00:00:45,800 Speaker 1: for it. But what about the Ukrainians who want to 10 00:00:45,840 --> 00:00:48,720 Speaker 1: come to the United States to join family here? The 11 00:00:48,800 --> 00:00:52,640 Speaker 1: Biden administration has done nothing to help those refugees get 12 00:00:52,640 --> 00:00:56,560 Speaker 1: into the country, a process that's far from easy. My 13 00:00:56,640 --> 00:00:59,240 Speaker 1: guest is Leon Fresco, a partner at Holland and Knight 14 00:00:59,600 --> 00:01:04,200 Speaker 1: and a immigration official in the Obama administration. Clean are 15 00:01:04,240 --> 00:01:08,000 Speaker 1: many Ukrainians trying to get into the country. Many Ukrainians 16 00:01:08,000 --> 00:01:10,800 Speaker 1: are trying to get into the United States. I'm getting 17 00:01:10,840 --> 00:01:13,039 Speaker 1: calls in my law as you know, I'm a private 18 00:01:13,040 --> 00:01:16,680 Speaker 1: attorney when I'm not on Bloomberg, and I'm getting called 19 00:01:17,080 --> 00:01:20,600 Speaker 1: all the time from people all over our country. You'd 20 00:01:20,600 --> 00:01:23,200 Speaker 1: be shocked how many people seem to have connections to 21 00:01:23,400 --> 00:01:26,720 Speaker 1: people in Ukraine and they all want to figure out 22 00:01:26,760 --> 00:01:29,839 Speaker 1: what can be done. And so what's complicated is there 23 00:01:29,880 --> 00:01:33,120 Speaker 1: are some well meaning pieces of information that are not 24 00:01:33,200 --> 00:01:35,959 Speaker 1: exactly accurate. So you'll hear in all the United States 25 00:01:35,959 --> 00:01:39,559 Speaker 1: is letting in Ukrainian refugees as we speak. But those 26 00:01:39,680 --> 00:01:43,640 Speaker 1: Ukrainian refugees are people that have been vetted for many years, 27 00:01:43,720 --> 00:01:47,360 Speaker 1: who are refugees from the Russian annexation of Primea. So 28 00:01:47,840 --> 00:01:51,880 Speaker 1: they're not people who are refugees from last week. There 29 00:01:51,880 --> 00:01:55,560 Speaker 1: are people who are refugees from many years ago. And 30 00:01:55,680 --> 00:01:59,600 Speaker 1: so the problem with saying we will welcome refugees is 31 00:02:00,240 --> 00:02:04,400 Speaker 1: refugee process could take a year or two years, and 32 00:02:04,440 --> 00:02:06,960 Speaker 1: then the question is we don't know what the state 33 00:02:07,000 --> 00:02:10,440 Speaker 1: of affairs in Ukraine will be at that point. Maybe 34 00:02:10,520 --> 00:02:13,840 Speaker 1: there will be no refugee issue in Ukraine a year 35 00:02:13,960 --> 00:02:16,400 Speaker 1: or two from now, and so the question is what, 36 00:02:16,600 --> 00:02:19,959 Speaker 1: if anything, the Biden administration can do now. And so 37 00:02:20,080 --> 00:02:24,720 Speaker 1: here is where you have a doctrinal issue versus sort 38 00:02:24,720 --> 00:02:27,360 Speaker 1: of what I would call a compacion issue, which is 39 00:02:27,680 --> 00:02:30,800 Speaker 1: plenty of people are seeking to come here on student visas, 40 00:02:30,840 --> 00:02:36,400 Speaker 1: now on visitor visa, humanitarian parole applications. And it's just 41 00:02:36,440 --> 00:02:39,800 Speaker 1: gonna come down to whether the Biden administration provides guidance 42 00:02:40,000 --> 00:02:43,959 Speaker 1: saying that that's okay to let people come here and 43 00:02:44,120 --> 00:02:48,240 Speaker 1: say during the duration of the crisis, essentially knowing that 44 00:02:48,639 --> 00:02:52,520 Speaker 1: hopefully some large segment of those individuals would go back 45 00:02:52,840 --> 00:02:55,960 Speaker 1: if the war word is subsided. Or are they going 46 00:02:56,000 --> 00:03:00,639 Speaker 1: to take a more doctrinal, dogmatic approach and say, look, 47 00:03:00,680 --> 00:03:03,320 Speaker 1: you can't come on a visitor visa if you're from 48 00:03:03,440 --> 00:03:05,800 Speaker 1: Ukraine because we have no evidence you're gonna come back. 49 00:03:06,240 --> 00:03:08,959 Speaker 1: We can't give you a student visa you're from Ukraine 50 00:03:09,080 --> 00:03:11,600 Speaker 1: because we have no evidence you're gonna come back, etcetera. 51 00:03:12,000 --> 00:03:15,079 Speaker 1: The more of those pathways that they cut off, the 52 00:03:15,080 --> 00:03:18,400 Speaker 1: harder it's gonna be. And what you'll see, and you're 53 00:03:18,440 --> 00:03:22,279 Speaker 1: starting to see some batterings of this is actually Ukrainians 54 00:03:22,280 --> 00:03:25,680 Speaker 1: appearing on the southern border and just applying for asylum 55 00:03:25,720 --> 00:03:28,840 Speaker 1: on the southern border. And if that's the only way 56 00:03:28,840 --> 00:03:32,560 Speaker 1: you're gonna let Ukrainians in, that's the way that Ukrainians 57 00:03:32,560 --> 00:03:36,040 Speaker 1: are gonna use if and I repeat, if they have 58 00:03:36,240 --> 00:03:39,760 Speaker 1: an American family member that's arranging this for them, and 59 00:03:39,880 --> 00:03:42,280 Speaker 1: that's usually what you would see if the American family 60 00:03:42,320 --> 00:03:45,760 Speaker 1: member would say, Okay, fly to Mexico and then we'll 61 00:03:45,760 --> 00:03:47,880 Speaker 1: work it so that you can apply for asylum at 62 00:03:48,080 --> 00:03:51,480 Speaker 1: support of entry between the United States and Mexico. Let's 63 00:03:51,480 --> 00:03:54,440 Speaker 1: say someone calls you up and says, my family's in 64 00:03:54,560 --> 00:03:57,400 Speaker 1: Ukraine now or went from Ukraine to Poland. I want 65 00:03:57,440 --> 00:04:01,040 Speaker 1: to get them into this country. Besides flying to Mexico. 66 00:04:01,440 --> 00:04:05,640 Speaker 1: What else can you do? Well, the most compelling legal 67 00:04:05,760 --> 00:04:10,040 Speaker 1: options in terms of what you would do doctrinally, is 68 00:04:10,080 --> 00:04:14,520 Speaker 1: something called the humanitarian parole, and you would ask them 69 00:04:14,640 --> 00:04:17,000 Speaker 1: to put together a pocket that you would assist that 70 00:04:17,120 --> 00:04:21,120 Speaker 1: baking with their information and why they can't say where 71 00:04:21,120 --> 00:04:24,799 Speaker 1: they are and why as a humanitarian nature, the United 72 00:04:24,800 --> 00:04:27,880 Speaker 1: States should give them a one year parole to sort 73 00:04:27,920 --> 00:04:30,480 Speaker 1: of weather the storm here, and then after that one 74 00:04:30,560 --> 00:04:33,520 Speaker 1: year they can leave and showing that they have sufficient 75 00:04:33,520 --> 00:04:36,560 Speaker 1: family ties here, that they have an economic sponsor here 76 00:04:36,839 --> 00:04:39,320 Speaker 1: who can take care of them while they're here, which 77 00:04:39,360 --> 00:04:42,359 Speaker 1: would usually be some very close family member with a 78 00:04:42,400 --> 00:04:45,400 Speaker 1: pretty decent income, and you would let the chips fall 79 00:04:45,440 --> 00:04:48,800 Speaker 1: where they may. We're at the beginning stages of this process. 80 00:04:49,080 --> 00:04:52,000 Speaker 1: U s c i S endeavors to give decisions in 81 00:04:52,160 --> 00:04:55,599 Speaker 1: ninety days of these parole applications, but we'll know in 82 00:04:55,640 --> 00:04:57,560 Speaker 1: a few weeks whether U s c i S is 83 00:04:57,600 --> 00:05:02,280 Speaker 1: treating these claims compassionately or not. And quite frankly, the 84 00:05:02,320 --> 00:05:04,839 Speaker 1: state of affairs may be completely different in the next 85 00:05:04,839 --> 00:05:08,039 Speaker 1: few weeks than it is right now. So we don't know. 86 00:05:08,360 --> 00:05:10,640 Speaker 1: A lot of this is going to be wait and see, 87 00:05:11,040 --> 00:05:14,159 Speaker 1: but that's the main way, and the U s CIS 88 00:05:14,240 --> 00:05:18,240 Speaker 1: being the United States Citizenship and Immigration Services leon. What 89 00:05:18,279 --> 00:05:21,359 Speaker 1: about getting in with a student visa or a tourist visa. 90 00:05:21,760 --> 00:05:24,680 Speaker 1: People can come in very quickly if they could get 91 00:05:24,720 --> 00:05:27,679 Speaker 1: admitted it to a university, but you'd have to find 92 00:05:27,800 --> 00:05:31,040 Speaker 1: some open embassy of ours. It would either be our 93 00:05:31,080 --> 00:05:35,039 Speaker 1: embassy in Poland, our embassy in Moldova, embassy in Romania, 94 00:05:35,600 --> 00:05:37,600 Speaker 1: or if you could even get further with you know, 95 00:05:37,880 --> 00:05:40,839 Speaker 1: Germany or wherever you could get to in order to 96 00:05:40,880 --> 00:05:44,640 Speaker 1: get yourself an appointment for a student visa. But in 97 00:05:44,680 --> 00:05:48,680 Speaker 1: that situation, you're gonna need an adjudicator who's going to 98 00:05:48,800 --> 00:05:52,640 Speaker 1: not take so seriously the fact that you're from Ukraine 99 00:05:52,680 --> 00:05:55,520 Speaker 1: and might not be able to return because one of 100 00:05:55,560 --> 00:05:58,479 Speaker 1: the criteria for students visa if you have to be 101 00:05:58,880 --> 00:06:00,960 Speaker 1: a person who can show that you would leave the 102 00:06:01,040 --> 00:06:03,960 Speaker 1: United States after your studies are over. And so the 103 00:06:04,040 --> 00:06:06,640 Speaker 1: question is are they going to say that Ukraine gives 104 00:06:06,720 --> 00:06:10,200 Speaker 1: us a facto matter, aren't going to return? So those 105 00:06:10,240 --> 00:06:12,920 Speaker 1: are the questions that are being wrestled with. And then 106 00:06:12,960 --> 00:06:15,680 Speaker 1: a lot of people want to just come on visitor visas, 107 00:06:16,000 --> 00:06:18,760 Speaker 1: which would give you six months of the United States. 108 00:06:18,800 --> 00:06:22,000 Speaker 1: But there's two problems there. One, the embassies all over 109 00:06:22,040 --> 00:06:25,440 Speaker 1: the world have about two year wait time for visitor 110 00:06:25,560 --> 00:06:28,680 Speaker 1: visa applications because of COVID. But even if you could 111 00:06:28,680 --> 00:06:31,719 Speaker 1: get yourself in for a visitor visa appointment, will the 112 00:06:31,760 --> 00:06:35,400 Speaker 1: embassy say you're not gonna truly visit. You're gonna say 113 00:06:35,480 --> 00:06:37,520 Speaker 1: you're never going back, so we're not going to give 114 00:06:37,520 --> 00:06:40,279 Speaker 1: you a visitor visa. And so that's the challenge with 115 00:06:40,320 --> 00:06:43,920 Speaker 1: the visitor visa and the student visa. The Bonding administration 116 00:06:44,040 --> 00:06:49,200 Speaker 1: has given Ukrainians who are already here temporary protected status, 117 00:06:49,320 --> 00:06:53,240 Speaker 1: right right, But you can't come here now and get 118 00:06:53,279 --> 00:06:56,839 Speaker 1: temporary protective status. But for the people who are already 119 00:06:56,920 --> 00:06:59,760 Speaker 1: here on the first day of the commencement of the 120 00:06:59,800 --> 00:07:04,920 Speaker 1: how facilities in Ukraine. Those individuals can stay now until 121 00:07:05,080 --> 00:07:08,760 Speaker 1: that temporary protective status is one day taken away. And 122 00:07:08,880 --> 00:07:10,840 Speaker 1: I don't know if and when that would ever happen, 123 00:07:11,120 --> 00:07:13,840 Speaker 1: but for the moment, those people, even if their visa 124 00:07:14,120 --> 00:07:18,160 Speaker 1: has expired, can take advantage of this temporary protective status 125 00:07:18,200 --> 00:07:21,000 Speaker 1: in order to remain here and work lawfully in the 126 00:07:21,080 --> 00:07:24,400 Speaker 1: United States. And so bottom line is the Biden administration 127 00:07:24,480 --> 00:07:30,080 Speaker 1: hasn't done anything so far to open our country's doors 128 00:07:30,120 --> 00:07:35,560 Speaker 1: to Ukrainian refugees. Correct, There's been no policy change that 129 00:07:35,600 --> 00:07:39,280 Speaker 1: has said how it would be easier for a Ukrainian 130 00:07:39,400 --> 00:07:43,080 Speaker 1: to access the United States. They haven't said, hey, apply 131 00:07:43,240 --> 00:07:49,440 Speaker 1: for humanitarian parole if you have a US citizen foused parents, child, 132 00:07:50,080 --> 00:07:52,840 Speaker 1: or sibling. You know, if as an example, and we'll 133 00:07:52,880 --> 00:07:55,640 Speaker 1: give a one year humanitarian parole. They have an issued 134 00:07:55,680 --> 00:07:58,160 Speaker 1: a memmo like that. They have an issued a memo 135 00:07:58,240 --> 00:08:00,960 Speaker 1: that says here's how you can act that's the refugee 136 00:08:01,000 --> 00:08:05,280 Speaker 1: program if you're in Poland or in Moldova or Romania. 137 00:08:05,320 --> 00:08:08,280 Speaker 1: They haven't done anything like that. So everybody's just trying 138 00:08:08,360 --> 00:08:12,120 Speaker 1: to figure out a way to kind of go through 139 00:08:12,120 --> 00:08:15,960 Speaker 1: this roof Goldberg divice that is our immigration system to 140 00:08:16,040 --> 00:08:19,280 Speaker 1: get their body into the US. The problem that happens 141 00:08:19,320 --> 00:08:22,679 Speaker 1: with all of these issues is if you don't take 142 00:08:22,720 --> 00:08:25,920 Speaker 1: the trouble to plan something out and issue something, then 143 00:08:25,960 --> 00:08:28,680 Speaker 1: what you will inevitably see with some number of people 144 00:08:28,840 --> 00:08:30,800 Speaker 1: is well, then I'm just going to take the most 145 00:08:30,800 --> 00:08:34,120 Speaker 1: direct round. I'm appearing at the southern border, and I'm 146 00:08:34,160 --> 00:08:36,480 Speaker 1: making an asylum play lee, and I want to turn 147 00:08:36,520 --> 00:08:40,319 Speaker 1: to another immigration topic. Now, migrants have been expelled more 148 00:08:40,360 --> 00:08:44,240 Speaker 1: than one point six million times under Title forty two, 149 00:08:44,520 --> 00:08:48,200 Speaker 1: which was introduced in March of to prevent the spread 150 00:08:48,240 --> 00:08:52,920 Speaker 1: of COVID nineteen. However, the Binding Administration now says unaccompanied 151 00:08:52,960 --> 00:08:56,280 Speaker 1: migrant children trying to enter the United States will not 152 00:08:56,360 --> 00:08:59,600 Speaker 1: be denied a chance to seek asylum. The same as 153 00:08:59,640 --> 00:09:03,559 Speaker 1: not true for adults and families traveling with children joining 154 00:09:03,559 --> 00:09:06,560 Speaker 1: me is Leon Fresco, a partner at Hollandon Knight, just 155 00:09:06,880 --> 00:09:12,480 Speaker 1: review what the broader policy has been since known as 156 00:09:12,480 --> 00:09:16,880 Speaker 1: titled Well, at the same time that the COVID national 157 00:09:16,920 --> 00:09:21,319 Speaker 1: emergency was declared, and the Trump administration was the administration 158 00:09:21,360 --> 00:09:23,720 Speaker 1: that was in power at the time of the COVID 159 00:09:23,840 --> 00:09:28,600 Speaker 1: national emergency. The administration also decided to at the same 160 00:09:28,600 --> 00:09:33,280 Speaker 1: time have two different kinds of health related travel bans. 161 00:09:33,880 --> 00:09:36,800 Speaker 1: The first kind of health related travel bans were the 162 00:09:37,000 --> 00:09:40,000 Speaker 1: very similar types of travel bands that had been put 163 00:09:40,040 --> 00:09:45,040 Speaker 1: into place because of the the Middle Eastern countries and 164 00:09:45,120 --> 00:09:47,640 Speaker 1: things of that nature, and that was the travel band 165 00:09:47,720 --> 00:09:51,360 Speaker 1: authority under I n A Section to twelve F. But 166 00:09:51,480 --> 00:09:55,200 Speaker 1: then secondly, the administration needed to put a travel ban 167 00:09:55,360 --> 00:09:58,120 Speaker 1: on the border. Because the I n A Section to 168 00:09:58,280 --> 00:10:02,680 Speaker 1: twelve F travel bands only covered entry from foreign countries 169 00:10:03,320 --> 00:10:06,480 Speaker 1: in terms of legal immigration, they needed to do something 170 00:10:06,520 --> 00:10:11,040 Speaker 1: that would permit them to expel even asylum speakers from 171 00:10:11,080 --> 00:10:15,000 Speaker 1: the United States. And so that's something called Title forty 172 00:10:15,080 --> 00:10:18,560 Speaker 1: two authority under the US Code, and that's in the 173 00:10:18,600 --> 00:10:20,839 Speaker 1: Public Health section of the Code, is actually not in 174 00:10:20,920 --> 00:10:24,360 Speaker 1: the Immigration section of the Code. And what that says 175 00:10:24,480 --> 00:10:28,640 Speaker 1: is that during an emergency involving a communicable disease, the 176 00:10:28,920 --> 00:10:33,000 Speaker 1: CDC Director can instruct the Department of Homeland Security to 177 00:10:33,240 --> 00:10:37,760 Speaker 1: exclude any foreign nationals trying to enter the United States. 178 00:10:37,840 --> 00:10:41,000 Speaker 1: And so that's been the state of affairs since March 179 00:10:41,080 --> 00:10:46,400 Speaker 1: of till this day. Leon Why did the CDC come 180 00:10:46,440 --> 00:10:51,960 Speaker 1: out with this new guidance for migrant children traveling alone. Well, 181 00:10:52,000 --> 00:10:57,240 Speaker 1: there's been litigation in the DC Circuit, and this litigation 182 00:10:57,320 --> 00:11:02,440 Speaker 1: actually in disregard for unaccount any children, actually didn't change 183 00:11:02,520 --> 00:11:06,199 Speaker 1: much practically on the ground. The DC circule litigation is 184 00:11:06,240 --> 00:11:09,720 Speaker 1: called we Shall, we Shall versus Majorkis, and it's trying 185 00:11:09,760 --> 00:11:12,280 Speaker 1: to offend all of the use of the Title forty 186 00:11:12,320 --> 00:11:15,959 Speaker 1: two for everyone. It's a southern border. But they did 187 00:11:15,960 --> 00:11:18,640 Speaker 1: not get a victory in the DC Circuit fully, But 188 00:11:18,760 --> 00:11:23,440 Speaker 1: what they did get is this understanding that for unaccompanied children, 189 00:11:23,960 --> 00:11:28,760 Speaker 1: there's a separate statutory regime that's been played for what 190 00:11:28,880 --> 00:11:33,400 Speaker 1: happens when an unaccompanied child reaches the border, and that 191 00:11:33,559 --> 00:11:35,760 Speaker 1: statutory regime is that they have to go to the 192 00:11:35,760 --> 00:11:39,520 Speaker 1: Department of Health and Human Services, they have to get inspected, 193 00:11:39,600 --> 00:11:42,120 Speaker 1: they get chops. If they don't have the shops, they 194 00:11:42,160 --> 00:11:45,600 Speaker 1: then get put into the custody of either a shelter 195 00:11:46,240 --> 00:11:48,520 Speaker 1: or of an adult in the United States who can 196 00:11:48,600 --> 00:11:51,800 Speaker 1: take custody of that child. And then they're put in 197 00:11:51,880 --> 00:11:55,360 Speaker 1: removal proceedings while they're in that person of custody, and 198 00:11:55,600 --> 00:11:58,679 Speaker 1: sometimes they can win their proceedings, sometimes they don't win, 199 00:11:59,120 --> 00:12:01,640 Speaker 1: and so the idea was you could not operate Title 200 00:12:01,720 --> 00:12:06,199 Speaker 1: forty two on those other company children because the Congress 201 00:12:06,200 --> 00:12:08,720 Speaker 1: I've said very clearly what it wanted to be done, 202 00:12:09,240 --> 00:12:14,320 Speaker 1: and Title forty two didn't supersede those statutory provisions with 203 00:12:14,400 --> 00:12:17,400 Speaker 1: regard to what he did for un accompanied children. So 204 00:12:17,480 --> 00:12:23,160 Speaker 1: then why the CDC announcement. Well, the CDC then solidified 205 00:12:23,800 --> 00:12:26,319 Speaker 1: the guidance from the court, which is to stay, fine, 206 00:12:26,400 --> 00:12:28,840 Speaker 1: you don't need to give us an injunction. We're not 207 00:12:28,880 --> 00:12:31,600 Speaker 1: gonna do this, So we can move out this part 208 00:12:31,640 --> 00:12:34,679 Speaker 1: of the case by letting you know that we are 209 00:12:34,720 --> 00:12:38,360 Speaker 1: not going to put on accompany children into Title forty 210 00:12:38,400 --> 00:12:43,080 Speaker 1: two expulsion. But quite frankly, the administration wasn't doing that 211 00:12:43,720 --> 00:12:45,680 Speaker 1: because it's very hard. What are you gonna do with 212 00:12:45,720 --> 00:12:48,760 Speaker 1: a seventeen year old or sixteen year old or even 213 00:12:48,960 --> 00:12:52,839 Speaker 1: god perbided, they're much younger children. If you use this 214 00:12:53,000 --> 00:12:56,520 Speaker 1: Title forty two authority, then you're just expelling them into 215 00:12:56,559 --> 00:12:59,559 Speaker 1: the middle of Mexico and they have no place to go. No, 216 00:12:59,720 --> 00:13:03,120 Speaker 1: for isn't none of that. And so as a practical matter, 217 00:13:03,760 --> 00:13:06,800 Speaker 1: this was only being done in the rarest of cases. 218 00:13:07,440 --> 00:13:09,720 Speaker 1: But nevertheless, nilence is not going to be done at 219 00:13:09,760 --> 00:13:13,400 Speaker 1: all personally to this memo. Now, you were talking about 220 00:13:13,440 --> 00:13:16,880 Speaker 1: a case in the d C circuit in March of 221 00:13:17,000 --> 00:13:23,360 Speaker 1: t there's a conflicting case in Texas just recently tell 222 00:13:23,440 --> 00:13:27,319 Speaker 1: us about that. So in March fourth, the District Court 223 00:13:27,400 --> 00:13:31,520 Speaker 1: for the Northern District of Texas issued a preliminary injunction 224 00:13:32,240 --> 00:13:36,720 Speaker 1: enjoining the CDC from using this title forty two expulsion 225 00:13:36,760 --> 00:13:41,440 Speaker 1: authority against unaccompanied children. And their their decision was that 226 00:13:41,480 --> 00:13:46,520 Speaker 1: they hadn't adequately explained why they would treat unaccompanied children 227 00:13:46,600 --> 00:13:50,720 Speaker 1: differently than other people under the CDC order, and so 228 00:13:51,440 --> 00:13:53,480 Speaker 1: that decision was made, and then it was up to 229 00:13:53,520 --> 00:13:56,400 Speaker 1: the CDC to decide what were they going to do. 230 00:13:56,440 --> 00:13:59,199 Speaker 1: Were they going to challenge that in appeal or were 231 00:13:59,240 --> 00:14:02,720 Speaker 1: they just gonna trying to mood out the injunctions? And 232 00:14:02,800 --> 00:14:07,120 Speaker 1: so what the CDC decided to do in conjunction with 233 00:14:07,160 --> 00:14:09,880 Speaker 1: the Department of Homeland Securities to say, look, this is 234 00:14:09,880 --> 00:14:13,160 Speaker 1: such a rare thing that we're using this title forty 235 00:14:13,160 --> 00:14:17,199 Speaker 1: to authority for unaccompanied children. We're just going to make 236 00:14:17,240 --> 00:14:20,200 Speaker 1: a public health reassessment and say we're not going to 237 00:14:20,280 --> 00:14:24,000 Speaker 1: be using this title forty to authority to expel unaccompanied 238 00:14:24,080 --> 00:14:28,000 Speaker 1: children from the United States, but they're still going to 239 00:14:28,160 --> 00:14:33,160 Speaker 1: use Title forty two to expel migrant adults and families 240 00:14:33,160 --> 00:14:38,320 Speaker 1: with children. Correct, So for migrant adults, such the simplest case, 241 00:14:38,440 --> 00:14:41,000 Speaker 1: which is that the courts of health still so far 242 00:14:41,560 --> 00:14:47,239 Speaker 1: that you can use this authority for cases involving adults 243 00:14:47,320 --> 00:14:50,640 Speaker 1: because adults don't pose any issues with regard to children 244 00:14:51,040 --> 00:14:55,280 Speaker 1: being present. The trickier issue is this litigation as it's 245 00:14:55,280 --> 00:14:58,239 Speaker 1: going to proceed, and what's going to happen with families 246 00:14:58,320 --> 00:15:03,280 Speaker 1: meaning adults and drin that traveled together, and so far 247 00:15:04,040 --> 00:15:06,720 Speaker 1: the courts offense that that can be used for family 248 00:15:07,360 --> 00:15:11,800 Speaker 1: because again this becomes the stain problems as the problem 249 00:15:11,880 --> 00:15:15,840 Speaker 1: we face with regard to detaining families, which is that 250 00:15:16,320 --> 00:15:20,360 Speaker 1: when the court said you couldn't detained families, then that 251 00:15:20,440 --> 00:15:23,720 Speaker 1: led to a very tricky situation where you have to 252 00:15:23,800 --> 00:15:27,600 Speaker 1: decide whether to separate families or let them all in. 253 00:15:28,560 --> 00:15:31,320 Speaker 1: And so the court don't want to get involved with 254 00:15:31,400 --> 00:15:34,640 Speaker 1: that so far under Title forty two, and what they 255 00:15:34,640 --> 00:15:38,720 Speaker 1: are instead doing is saying that you can exclude still 256 00:15:39,000 --> 00:15:42,840 Speaker 1: entire families under Title forty two. So, now is this 257 00:15:43,040 --> 00:15:48,320 Speaker 1: complicated because the d C Appellate Court said last week 258 00:15:48,600 --> 00:15:53,640 Speaker 1: that officials couldn't expel families to places where they could 259 00:15:53,640 --> 00:15:59,040 Speaker 1: be persecuted or harmed. So correct. So so this is 260 00:15:59,080 --> 00:16:02,840 Speaker 1: again I'm not are one of those decisions. That's an 261 00:16:02,840 --> 00:16:07,800 Speaker 1: interesting decision, but it's not a deviation from the practical authority. 262 00:16:07,920 --> 00:16:09,480 Speaker 1: And so what is what do I mean by that? 263 00:16:10,040 --> 00:16:14,520 Speaker 1: What I mean by that is the Department of Homeland Security, 264 00:16:14,560 --> 00:16:17,840 Speaker 1: at least under the Biden administration, not so much under 265 00:16:17,840 --> 00:16:21,720 Speaker 1: the Trump administration, but under the Biden administration was already 266 00:16:21,920 --> 00:16:27,240 Speaker 1: issuing credible fear determinations to try to figure out if 267 00:16:27,280 --> 00:16:31,160 Speaker 1: it was going to expel someone to a country that 268 00:16:31,200 --> 00:16:34,880 Speaker 1: they were going to fear persecution from. As a practical 269 00:16:34,960 --> 00:16:39,800 Speaker 1: matter of these expulsions are going to be to Mexico. 270 00:16:40,000 --> 00:16:43,040 Speaker 1: The only time they wouldn't be to Mexico would be 271 00:16:43,080 --> 00:16:45,560 Speaker 1: if someone was coming on a flight and for some 272 00:16:45,600 --> 00:16:48,280 Speaker 1: reason they were going to be expelled under Title forty two, 273 00:16:48,400 --> 00:16:52,400 Speaker 1: which would be very very very very rare, or if 274 00:16:52,400 --> 00:16:56,640 Speaker 1: there was some very quick ability to expel someone after 275 00:16:57,080 --> 00:17:01,600 Speaker 1: very brief detention back to trill American country. But that's 276 00:17:01,720 --> 00:17:04,560 Speaker 1: very very rare. And so the real question that they 277 00:17:04,720 --> 00:17:10,119 Speaker 1: asked is do you fear persecution in Mexico. And only 278 00:17:10,160 --> 00:17:13,399 Speaker 1: a very small number of people are going to actually 279 00:17:13,440 --> 00:17:17,160 Speaker 1: be able to articulate claims of why they fear persecution 280 00:17:17,240 --> 00:17:20,280 Speaker 1: in Mexico. But nevertheless, what the court has said is 281 00:17:20,640 --> 00:17:24,360 Speaker 1: if someone is going to say, incredibly show that they 282 00:17:24,400 --> 00:17:28,159 Speaker 1: fear persecution in Mexico, then you cannot use Title forty 283 00:17:28,160 --> 00:17:32,080 Speaker 1: to authority to expel them to Mexico. And again, this 284 00:17:32,160 --> 00:17:34,800 Speaker 1: is the same theory as the kid, which is that 285 00:17:34,840 --> 00:17:38,560 Speaker 1: there's a statutory framework in the Statute for what we're 286 00:17:38,560 --> 00:17:42,200 Speaker 1: supposed to do with people that fear persecution, and Title 287 00:17:42,280 --> 00:17:46,560 Speaker 1: forty two again does not supersed that framework. So if 288 00:17:46,600 --> 00:17:51,120 Speaker 1: someone comes from Mexico and says I fear persecution, they'll 289 00:17:51,160 --> 00:17:55,160 Speaker 1: have to be given an asylum hearing. No, what they're 290 00:17:55,160 --> 00:17:58,760 Speaker 1: given is a credible fear screening, and that's a very 291 00:17:58,840 --> 00:18:02,359 Speaker 1: brief screening by employee of the Department of Homeland Security 292 00:18:02,400 --> 00:18:07,240 Speaker 1: where they're at I understand, let's say you're from Central America. 293 00:18:07,840 --> 00:18:09,960 Speaker 1: Here's my question to you. Do you fear that you 294 00:18:09,960 --> 00:18:12,919 Speaker 1: will be harmed in Mexico on the basis of your 295 00:18:13,000 --> 00:18:17,439 Speaker 1: raised religion, national origin, political opinion, or social group and 296 00:18:17,480 --> 00:18:21,640 Speaker 1: if they say no, then they can be expelled into Mexico. 297 00:18:21,720 --> 00:18:24,560 Speaker 1: But if they say yes, then they'll be yes, why 298 00:18:24,600 --> 00:18:27,840 Speaker 1: do you fear you'll be persecuted in Mexico? And only 299 00:18:27,880 --> 00:18:31,320 Speaker 1: if they have a credible answer to that can they 300 00:18:31,359 --> 00:18:34,960 Speaker 1: if they the title forty to authority. Now, that doesn't 301 00:18:35,000 --> 00:18:38,720 Speaker 1: mean that the bid administration apply Title forty two to everyone. 302 00:18:38,760 --> 00:18:43,600 Speaker 1: It actually doesn't. It's very sort of hodgepodge, and that 303 00:18:43,720 --> 00:18:47,280 Speaker 1: on any given day you may see one family get 304 00:18:47,280 --> 00:18:50,680 Speaker 1: applied and so one doesn't get applied. Adults and it 305 00:18:50,760 --> 00:18:53,480 Speaker 1: apply and other adults don't get it applied. There's no 306 00:18:53,720 --> 00:18:56,000 Speaker 1: right or reason to it a lot of times, but 307 00:18:56,200 --> 00:18:59,200 Speaker 1: just the sheer numbers of how many people are getting 308 00:18:59,240 --> 00:19:02,600 Speaker 1: tited forty two like to then, is why this continues 309 00:19:02,640 --> 00:19:06,040 Speaker 1: to be an esue. Immigration advocates are saying that it 310 00:19:06,160 --> 00:19:09,840 Speaker 1: isn't about COVID, the Biden administration is just using this 311 00:19:10,000 --> 00:19:15,840 Speaker 1: as a way to curtail immigration. Well, the question is, 312 00:19:16,760 --> 00:19:19,719 Speaker 1: and WoT does that become true? Because that would certainly 313 00:19:19,760 --> 00:19:24,320 Speaker 1: be true at some point if there is very little 314 00:19:24,400 --> 00:19:28,480 Speaker 1: concern about COVID. There there are no restrictions anywhere else 315 00:19:28,480 --> 00:19:32,240 Speaker 1: in the state but for the southern border. At that point, 316 00:19:32,320 --> 00:19:36,639 Speaker 1: that argument is onefect iron clad. In the world we 317 00:19:36,720 --> 00:19:40,120 Speaker 1: lived in, let's say months ago, we were in a 318 00:19:40,240 --> 00:19:44,280 Speaker 1: very huge state of pendicant concerns or the amicon variant, 319 00:19:44,600 --> 00:19:48,400 Speaker 1: that argument was not very strong. And so the question 320 00:19:48,520 --> 00:19:51,439 Speaker 1: is when did you get to a point where the 321 00:19:51,520 --> 00:19:55,320 Speaker 1: court can actually say that the justification for Title forty 322 00:19:55,359 --> 00:19:59,040 Speaker 1: two is now so flipsy that you're only doing it 323 00:19:59,160 --> 00:20:02,200 Speaker 1: as a way to a a the immigration Code. And 324 00:20:02,280 --> 00:20:04,920 Speaker 1: I don't know when will be there, but I think 325 00:20:04,920 --> 00:20:09,240 Speaker 1: the best proxim will be, Hey, when there's international dribical 326 00:20:09,359 --> 00:20:13,160 Speaker 1: that's taking place where people won't have to do anything 327 00:20:13,160 --> 00:20:16,480 Speaker 1: related to COVID. At that point, you can't have fital 328 00:20:16,560 --> 00:20:20,760 Speaker 1: party to anymore. That's Leon Fresco, a partnered Hollandon Knight. 329 00:20:22,480 --> 00:20:26,359 Speaker 1: Billionaire Leon Black, the co founder of Apollo Global Management, 330 00:20:26,680 --> 00:20:30,320 Speaker 1: sued Gazelle Ganiyeva and her lawyers last year, claiming they 331 00:20:30,480 --> 00:20:35,280 Speaker 1: violated civil racketeering laws by conspiring to destroy him personally 332 00:20:35,400 --> 00:20:41,040 Speaker 1: and professionally. This was after Ganieva had sued Black for defamation, 333 00:20:41,160 --> 00:20:46,600 Speaker 1: intentional infliction of emotional distress, gender motivated violence, and retaliation 334 00:20:46,960 --> 00:20:49,680 Speaker 1: at a federal court hearing, none of the seven lawyers 335 00:20:49,720 --> 00:20:52,960 Speaker 1: present gave the judge an indication that there was a 336 00:20:53,040 --> 00:20:56,800 Speaker 1: prospect for settling the case. Joining me is Bloomberg Legal 337 00:20:56,840 --> 00:21:01,720 Speaker 1: reporter Bob Van Voris Bob tell us about these dueling lawsuits. 338 00:21:02,680 --> 00:21:08,359 Speaker 1: Sure Ganieva, who is a former model and a former 339 00:21:08,400 --> 00:21:12,960 Speaker 1: girlfriend of Leon Black, claims that he raped her and 340 00:21:13,040 --> 00:21:16,880 Speaker 1: that he defamed her in the press. She's suing over 341 00:21:16,960 --> 00:21:20,800 Speaker 1: in state court. He has countered by filing a suit 342 00:21:20,960 --> 00:21:26,680 Speaker 1: in federal court claiming violations of federal racketeering law. Basically, 343 00:21:26,720 --> 00:21:32,960 Speaker 1: he's claiming that Ganieva conspired with PR representatives and used 344 00:21:32,960 --> 00:21:36,880 Speaker 1: her lawyers to defame him and to try to ruin 345 00:21:37,000 --> 00:21:41,320 Speaker 1: his life and his reputation. He claims that the suit 346 00:21:41,640 --> 00:21:47,679 Speaker 1: is basically concocted by Josh Harris, the person who co 347 00:21:47,760 --> 00:21:52,080 Speaker 1: founded Apollo Global with Black, in response to being passed 348 00:21:52,119 --> 00:21:56,840 Speaker 1: over for the role of CEO after him. This is 349 00:21:56,880 --> 00:22:02,240 Speaker 1: basically an internal coup with and Apollo claims Leon Black, 350 00:22:02,720 --> 00:22:07,000 Speaker 1: and that the entire thing was orchestrated by Josh Harris. 351 00:22:07,200 --> 00:22:11,879 Speaker 1: The federal case is a defamation lawsuit based on RICO allegations. 352 00:22:12,320 --> 00:22:16,240 Speaker 1: The federal case is RICO a racketeering suit claiming that 353 00:22:16,280 --> 00:22:21,480 Speaker 1: people conspired to violate federal laws to try to ruin 354 00:22:21,880 --> 00:22:24,480 Speaker 1: black life, and to to de pay them in the press. 355 00:22:24,640 --> 00:22:29,880 Speaker 1: Is that an unusual claim for private citizen to be making. Well, 356 00:22:29,920 --> 00:22:33,080 Speaker 1: it's difficult to make civil claims under the Rico Act. 357 00:22:33,119 --> 00:22:35,359 Speaker 1: There are a whole lot of legal hoops that you 358 00:22:35,440 --> 00:22:38,000 Speaker 1: have to jump through. The people on the other side 359 00:22:38,040 --> 00:22:43,199 Speaker 1: of the suit, Rubenstein, the PR Agency and Josh Harris 360 00:22:43,200 --> 00:22:47,480 Speaker 1: claimed that this complaint comes nowhere close to stating the 361 00:22:48,200 --> 00:22:49,919 Speaker 1: things that they have to state to be able to 362 00:22:50,000 --> 00:22:53,760 Speaker 1: recover against them, so they are moving to dismiss the suit. 363 00:22:54,240 --> 00:22:59,159 Speaker 1: Judge the other day ruled in favor of Black. Black 364 00:22:59,200 --> 00:23:02,320 Speaker 1: has said that Ganiyeva he gave her millions of dollars 365 00:23:02,320 --> 00:23:06,760 Speaker 1: in exchange for her agreement not to talk about their relationship. 366 00:23:06,880 --> 00:23:09,879 Speaker 1: Is that involved in any of this? Yeah, that's one 367 00:23:09,920 --> 00:23:13,040 Speaker 1: of the claims in the state court lawsuit that basically 368 00:23:13,119 --> 00:23:18,640 Speaker 1: she violated this contract. He paid her, and she took 369 00:23:18,640 --> 00:23:22,520 Speaker 1: the money and is out there talking dirt about him, 370 00:23:22,560 --> 00:23:26,200 Speaker 1: and he claims that, you know, he ought to recover 371 00:23:26,280 --> 00:23:29,280 Speaker 1: for that as well. So, now, why were there seven 372 00:23:29,320 --> 00:23:33,760 Speaker 1: attorneys in the hearing in federal court? There were a 373 00:23:33,760 --> 00:23:38,040 Speaker 1: couple of each representing black In Ganieva. There were others 374 00:23:38,080 --> 00:23:41,800 Speaker 1: in representing the other parties in the lawsuits, including Josh 375 00:23:41,840 --> 00:23:46,320 Speaker 1: Harris and the PR Agency. At one point, the judge 376 00:23:47,240 --> 00:23:51,400 Speaker 1: asked if there was any prospect of settlement anytime soon, 377 00:23:51,960 --> 00:23:53,959 Speaker 1: and he said, you know, if you've kind an answer 378 00:23:54,080 --> 00:23:57,800 Speaker 1: other than slim to none, raise your hand. Everyone said 379 00:23:57,840 --> 00:24:02,040 Speaker 1: there's stone still, and no hand were raised. Blacks lawyer 380 00:24:02,720 --> 00:24:06,240 Speaker 1: filed a letter with the judge claiming that her team 381 00:24:06,240 --> 00:24:09,840 Speaker 1: had received WhatsApp messages between Ganieva and a New York 382 00:24:09,880 --> 00:24:13,520 Speaker 1: Times reporter showing that she was working with her lawyer 383 00:24:13,640 --> 00:24:17,159 Speaker 1: months before Ganieva officially retained him. What does that have 384 00:24:17,280 --> 00:24:20,240 Speaker 1: to do with anything, Well, it's it's hard to figure 385 00:24:20,240 --> 00:24:22,560 Speaker 1: out exactly what that has to do anything, if not 386 00:24:23,440 --> 00:24:26,639 Speaker 1: all that unusual to be talking to lawyers before you 387 00:24:26,760 --> 00:24:31,439 Speaker 1: formally retain them. Um, but the other side is saying 388 00:24:31,440 --> 00:24:34,800 Speaker 1: the black side is saying, hey, look, uh, you know 389 00:24:35,440 --> 00:24:40,800 Speaker 1: these lawyers claimed in papers that made a big deal 390 00:24:40,920 --> 00:24:43,520 Speaker 1: out of being retained at a certain point, But it 391 00:24:43,560 --> 00:24:48,159 Speaker 1: turns out they appear to have been talking to Ganieva 392 00:24:48,400 --> 00:24:53,280 Speaker 1: months before that. So if you believe the allegation that 393 00:24:53,320 --> 00:24:57,600 Speaker 1: there's a conspiracy. The conspiracy goes back further than you know, 394 00:24:58,200 --> 00:25:01,320 Speaker 1: than we knew, and and here's evidence of it. One 395 00:25:01,320 --> 00:25:05,040 Speaker 1: of Ganieva's lawyers said, for now, Black's billions have bought 396 00:25:05,119 --> 00:25:08,040 Speaker 1: him access to our court system in a way that 397 00:25:08,080 --> 00:25:11,119 Speaker 1: most people do not have. What was she referring to. 398 00:25:12,040 --> 00:25:14,520 Speaker 1: I think she was referring to the suit itself. That 399 00:25:14,800 --> 00:25:18,840 Speaker 1: he has high priced lawyers pursuing Ganieva in the suit 400 00:25:18,920 --> 00:25:22,639 Speaker 1: that they claim has absolutely no UH basis to be 401 00:25:22,680 --> 00:25:25,199 Speaker 1: in court and that ought to be dismissed. What's the 402 00:25:25,240 --> 00:25:29,840 Speaker 1: next step here? The next step the judge in the 403 00:25:29,880 --> 00:25:33,600 Speaker 1: federal case is going to hear motions to dismiss They've 404 00:25:33,640 --> 00:25:36,040 Speaker 1: kind a file briefs on that, and the judge will 405 00:25:36,080 --> 00:25:39,440 Speaker 1: hear arguments and decide whether that case belongs in court 406 00:25:39,480 --> 00:25:42,359 Speaker 1: at all. The state case is on a separate track 407 00:25:43,000 --> 00:25:47,119 Speaker 1: that will go forward with discovery, and presumably that will 408 00:25:47,160 --> 00:25:51,480 Speaker 1: at some point also come to motions where the independants 409 00:25:51,520 --> 00:25:55,640 Speaker 1: trying to get the case kicked out. Thanks Bob. That's 410 00:25:55,720 --> 00:25:59,040 Speaker 1: Bob Van Boris, Bloomberg Legal Reporter. And that's it for 411 00:25:59,080 --> 00:26:01,560 Speaker 1: this edition of The bloom A Glaw Show. Remember you 412 00:26:01,560 --> 00:26:04,040 Speaker 1: can always get the latest legal news on our Bloomberg 413 00:26:04,160 --> 00:26:07,719 Speaker 1: Law Podcast. You can find them on Apple Podcasts, Spotify, 414 00:26:07,920 --> 00:26:12,960 Speaker 1: and at www dot bloomberg dot com, slash podcast slash Law, 415 00:26:13,359 --> 00:26:16,000 Speaker 1: and remember to tune into The Bloomberg Law Show every 416 00:26:16,040 --> 00:26:19,440 Speaker 1: week night at ten pm Wall Street Time. I'm June 417 00:26:19,480 --> 00:26:21,679 Speaker 1: Grosso and you're listening to Bloomberg