1 00:00:11,280 --> 00:00:14,840 Speaker 1: You probably don't remember passage of Title forty two, let 2 00:00:14,880 --> 00:00:17,200 Speaker 1: alone that of Title forty two taped to six a 3 00:00:17,400 --> 00:00:21,560 Speaker 1: sub chapter two, Part G Section two sixty four. But 4 00:00:21,760 --> 00:00:23,919 Speaker 1: it's a part of US federal law that gives the 5 00:00:23,960 --> 00:00:27,000 Speaker 1: government the authority to take emergency action to keep communical 6 00:00:27,040 --> 00:00:30,640 Speaker 1: diseases out of the country. The portion, which allows a 7 00:00:30,680 --> 00:00:34,200 Speaker 1: sweeping disregard for asylum law passed in nineteen forty four, 8 00:00:34,760 --> 00:00:38,040 Speaker 1: reads in one giant run on paragraph sentences. 9 00:00:37,560 --> 00:00:41,360 Speaker 2: Follows, Whenever the Surgeon General determines that, by reason of 10 00:00:41,400 --> 00:00:44,640 Speaker 2: the existence of any communicable disease in a foreign country, 11 00:00:44,680 --> 00:00:47,479 Speaker 2: there is serious danger of the introduction of such disease 12 00:00:47,560 --> 00:00:50,120 Speaker 2: into the United States, and that this danger is so 13 00:00:50,240 --> 00:00:53,040 Speaker 2: increased by the introduction of persons or property from such 14 00:00:53,080 --> 00:00:55,560 Speaker 2: country that a suspension of the right to introduce such 15 00:00:55,600 --> 00:00:58,200 Speaker 2: persons and property is required in the interest of the 16 00:00:58,240 --> 00:01:01,680 Speaker 2: public health. The Surgeon General, in accordance with regulations approved 17 00:01:01,680 --> 00:01:04,160 Speaker 2: by the President, shall have the power to prohibit and 18 00:01:04,319 --> 00:01:07,399 Speaker 2: whole or in part, the introduction of persons and property 19 00:01:07,520 --> 00:01:10,080 Speaker 2: from such countries or places as he shall designate, in 20 00:01:10,200 --> 00:01:12,760 Speaker 2: order to avert such danger, and for such period of 21 00:01:12,840 --> 00:01:14,840 Speaker 2: time as he may deem necessary for such. 22 00:01:14,680 --> 00:01:19,280 Speaker 1: Purpose before President Donald Trump's administration used it on March twentieth, 23 00:01:19,280 --> 00:01:22,560 Speaker 1: twenty twenty. It had been used only in nineteen twenty 24 00:01:22,640 --> 00:01:24,960 Speaker 1: nine to keep ships from China and the Philippines from 25 00:01:25,080 --> 00:01:28,800 Speaker 1: entering US ports during the meningitis outbreak. But in March 26 00:01:28,800 --> 00:01:31,400 Speaker 1: of twenty twenty, when you probably weren't paying much attention 27 00:01:31,520 --> 00:01:34,039 Speaker 1: because the world was falling apart, or when I just 28 00:01:34,120 --> 00:01:36,720 Speaker 1: returned from a work trip to Rwanda, where I was 29 00:01:36,800 --> 00:01:39,960 Speaker 1: months before any precautions appeared in the USA screened for 30 00:01:40,040 --> 00:01:44,440 Speaker 1: a novel coronavirus. The Trump administration cited this public health 31 00:01:44,520 --> 00:01:48,080 Speaker 1: law in instructions to the Department of Homeland Security on 32 00:01:48,200 --> 00:01:52,760 Speaker 1: restrictions for migrants entering the United States. That very same day, 33 00:01:53,120 --> 00:01:57,120 Speaker 1: Center for Disease Control Director Robert R. Redfield relied on 34 00:01:57,200 --> 00:02:01,480 Speaker 1: this regulation to issue order suspending the introduction into the 35 00:02:01,560 --> 00:02:05,240 Speaker 1: United States of certain individuals who had been in quote 36 00:02:05,320 --> 00:02:10,640 Speaker 1: unquote coronavirus impacted areas and quote who would be introduced 37 00:02:10,639 --> 00:02:14,040 Speaker 1: into a congregate setting at the port of entry or 38 00:02:14,120 --> 00:02:18,080 Speaker 1: a border station. This includes individuals coming from Canada or 39 00:02:18,120 --> 00:02:21,639 Speaker 1: Mexico who would normally be detained by CBP after arriving 40 00:02:21,680 --> 00:02:25,240 Speaker 1: at the border, people including asylum seekers and accompanied children, 41 00:02:25,520 --> 00:02:28,280 Speaker 1: and people attending to enter the United States between ports 42 00:02:28,280 --> 00:02:32,760 Speaker 1: of entry, citing the new CDC order. That same day, 43 00:02:32,919 --> 00:02:36,840 Speaker 1: the border Patrol began expelling individuals who arrive at the 44 00:02:36,919 --> 00:02:42,040 Speaker 1: US Mexico border without giving them the opportunity to seek asylum. 45 00:02:42,360 --> 00:02:45,919 Speaker 1: Reports indicate the CDC scientists expressed opposition to the invocation 46 00:02:45,960 --> 00:02:48,560 Speaker 1: of Title forty two, arguing that there was really no 47 00:02:48,639 --> 00:02:52,640 Speaker 1: public health rationale to support it. Ever since then, public 48 00:02:52,680 --> 00:02:56,639 Speaker 1: health experts outside the CDC have continued to agree, arguing 49 00:02:56,680 --> 00:02:59,800 Speaker 1: that while international borders largely remain open to other travelers, 50 00:03:00,080 --> 00:03:02,560 Speaker 1: there is no need to turn away refugees and expel 51 00:03:02,600 --> 00:03:05,320 Speaker 1: them to their home countries or send them to Mexico. 52 00:03:05,639 --> 00:03:09,760 Speaker 1: Despite this, DHS has been applying Title forty two to 53 00:03:09,880 --> 00:03:13,320 Speaker 1: migrants for three years since then, and people have been 54 00:03:13,360 --> 00:03:15,840 Speaker 1: turned away without getting a chance to plead their case 55 00:03:15,880 --> 00:03:17,880 Speaker 1: for asylum three million times. 56 00:03:19,160 --> 00:03:19,320 Speaker 3: Now. 57 00:03:19,320 --> 00:03:22,560 Speaker 1: Trump is no longer president, but Title forty two has persisted. 58 00:03:23,000 --> 00:03:26,200 Speaker 1: It's actually persisted for much longer under Biden's watch two 59 00:03:26,280 --> 00:03:29,600 Speaker 1: years and four months than it did under Trump ten months. 60 00:03:30,080 --> 00:03:33,160 Speaker 1: But we'll get to that part later. First, let's look 61 00:03:33,200 --> 00:03:35,960 Speaker 1: at what this bureaucratic wrinkle does when it's supplied for 62 00:03:36,040 --> 00:03:39,480 Speaker 1: three years across the land border spanning three one hund 63 00:03:39,480 --> 00:03:43,040 Speaker 1: and forty five kilometers. That's nine hundred and fifty four 64 00:03:43,080 --> 00:03:47,040 Speaker 1: miles for the Americans listening at a time when climate change, 65 00:03:47,360 --> 00:03:51,400 Speaker 1: economic decline, and state and nonstate violence are driving more 66 00:03:51,440 --> 00:03:54,440 Speaker 1: and more people towards the USA's southern border in the 67 00:03:54,440 --> 00:03:58,160 Speaker 1: hope of a better life. We're talking about the Title 68 00:03:58,200 --> 00:04:00,400 Speaker 1: forty two this week because it ended on May eleventh. 69 00:04:01,040 --> 00:04:03,400 Speaker 1: In a sense, this marks an important change in immigration law, 70 00:04:03,560 --> 00:04:06,800 Speaker 1: but in a sense it doesn't. Immigration was complicated and 71 00:04:06,800 --> 00:04:09,560 Speaker 1: cruel for migrants and profitable for people on both sides 72 00:04:09,560 --> 00:04:12,839 Speaker 1: of the border before March of twenty twenty, and it's 73 00:04:12,840 --> 00:04:16,200 Speaker 1: the same after Title forty two has gone. But nonetheless, 74 00:04:16,200 --> 00:04:19,040 Speaker 1: Title forty two represented a distinct change in how asylum 75 00:04:19,040 --> 00:04:22,200 Speaker 1: works in the US, and, especially when combined with other 76 00:04:22,279 --> 00:04:26,240 Speaker 1: Trump policies that Biden has continued, a distinct change in 77 00:04:26,279 --> 00:04:29,400 Speaker 1: how many people die when coming to this country to 78 00:04:29,440 --> 00:04:31,480 Speaker 1: try and have a better chance at a save future. 79 00:04:33,440 --> 00:04:36,760 Speaker 1: By April of twenty twenty, Title forty two expulsions at 80 00:04:36,760 --> 00:04:40,159 Speaker 1: the border overtook the previous record for expulsions under the 81 00:04:40,160 --> 00:04:43,520 Speaker 1: so called Migrant Protection Protocol, which is better known as 82 00:04:43,600 --> 00:04:46,880 Speaker 1: Remain in Mexico, that was set in August of twenty nineteen. 83 00:04:48,200 --> 00:04:50,640 Speaker 1: Under an agreement reached with the Mexican government. In late 84 00:04:50,680 --> 00:04:54,520 Speaker 1: March of twenty twenty, the border Patrol began sending quote 85 00:04:54,600 --> 00:04:59,920 Speaker 1: unquote back to Mexico most Mexican but also guatemal and Honduranans, 86 00:05:00,680 --> 00:05:05,720 Speaker 1: families and seeingle adults encountered at the border. This group 87 00:05:05,760 --> 00:05:08,880 Speaker 1: of nationalities remained unchanged until May of twenty twenty two, 88 00:05:09,000 --> 00:05:11,640 Speaker 1: when the Biden administration came to an agreement with Mexico 89 00:05:11,720 --> 00:05:16,520 Speaker 1: to accept quote unquote thousands of Cubans and Nicaraguans sent 90 00:05:16,839 --> 00:05:21,520 Speaker 1: from the United States to Mexico. But this doesn't really matter. 91 00:05:22,000 --> 00:05:24,960 Speaker 1: You'll see that alone these episodes. Immigration law on the 92 00:05:24,960 --> 00:05:28,240 Speaker 1: ground and immigration law in Washington, DC are two very 93 00:05:28,279 --> 00:05:33,360 Speaker 1: different things. There has been extensive documentation of individuals expelled 94 00:05:33,400 --> 00:05:37,200 Speaker 1: to Mexico who do not fit within these nationalities, including 95 00:05:37,240 --> 00:05:39,880 Speaker 1: Haitian asylum seekers, some of whom I've spoken to myself. 96 00:05:41,640 --> 00:05:44,560 Speaker 1: People who are expelled are often driven by bus to 97 00:05:44,600 --> 00:05:47,520 Speaker 1: the nearest port of entry that's a land border crossing 98 00:05:48,240 --> 00:05:51,680 Speaker 1: and told to walk back to Mexico, often without their 99 00:05:51,720 --> 00:05:55,240 Speaker 1: luggage and other belongings. I've found that luggage and belongings, 100 00:05:55,440 --> 00:05:59,159 Speaker 1: including ID cards, clothing, and even little stuffed animals, all 101 00:05:59,200 --> 00:06:02,080 Speaker 1: along the border in the three years since Title forty 102 00:06:02,120 --> 00:06:05,080 Speaker 1: two has been in place. I asked my friend Paul 103 00:06:05,120 --> 00:06:07,280 Speaker 1: to describe what we found in Texas, and we've been 104 00:06:07,320 --> 00:06:09,640 Speaker 1: for a walk along the border wall during our time 105 00:06:09,760 --> 00:06:11,640 Speaker 1: reporting on the National Butterfly Center. 106 00:06:11,680 --> 00:06:16,120 Speaker 4: There you'd find driver's licenses. I believe at one point 107 00:06:16,160 --> 00:06:21,760 Speaker 4: we found like an almost an information packet for like 108 00:06:21,880 --> 00:06:24,440 Speaker 4: it was for a teenager, a teenage girl. I remember 109 00:06:24,440 --> 00:06:28,640 Speaker 4: that because we got pictures of it. And then when 110 00:06:28,640 --> 00:06:31,640 Speaker 4: we took that long walk, remember we walked down the 111 00:06:31,640 --> 00:06:34,680 Speaker 4: border wall, it's two and a half mile walk something 112 00:06:34,720 --> 00:06:37,039 Speaker 4: like that. When we got to the very end of 113 00:06:37,080 --> 00:06:44,039 Speaker 4: the wall where the river was, there was just a 114 00:06:44,120 --> 00:06:48,039 Speaker 4: giant pile of people's stuff. And some of it was 115 00:06:48,080 --> 00:06:53,600 Speaker 4: obviously trash, you know, they were abandoning clothes after they 116 00:06:53,680 --> 00:06:56,720 Speaker 4: changed from crossing and stuff like that, but a lot 117 00:06:56,760 --> 00:07:02,080 Speaker 4: of it was full backpacks, a lot of ID documents 118 00:07:02,160 --> 00:07:07,000 Speaker 4: just in piles, just piles of them. Yeah, yeah, just 119 00:07:07,000 --> 00:07:09,400 Speaker 4: big piles of documents that proved who you were. 120 00:07:09,840 --> 00:07:12,720 Speaker 1: The other thing we found with lattice, tons of them. 121 00:07:13,200 --> 00:07:16,880 Speaker 1: Apparently someone built a gazebo out of them. The wall 122 00:07:16,920 --> 00:07:19,640 Speaker 1: varies in design a bit along the border depending on 123 00:07:19,720 --> 00:07:21,960 Speaker 1: when and by whom it was built. But the trum 124 00:07:22,040 --> 00:07:24,440 Speaker 1: design has a flat anti climb plate at the top. 125 00:07:25,000 --> 00:07:26,960 Speaker 1: I'll let Paul describe how that's going. 126 00:07:27,400 --> 00:07:29,880 Speaker 4: It was literally like somebody went to the hardware store 127 00:07:30,720 --> 00:07:33,240 Speaker 4: bought two of the longest or actually sorry, three of 128 00:07:33,280 --> 00:07:36,160 Speaker 4: the longest two by four as you could put two 129 00:07:36,200 --> 00:07:39,600 Speaker 4: of them beside each other, and then just nailed steps 130 00:07:40,000 --> 00:07:42,880 Speaker 4: up them, so you know, they were like sixteen twenty 131 00:07:42,880 --> 00:07:46,720 Speaker 4: feet long, and which was enough to just climb over 132 00:07:46,720 --> 00:07:52,320 Speaker 4: the wall like there weren't There weren't many places actually, 133 00:07:52,400 --> 00:07:55,040 Speaker 4: because most of the wall had that anti climb barrier 134 00:07:55,080 --> 00:07:58,240 Speaker 4: at the top. Whereas when you didn't have the anti 135 00:07:58,240 --> 00:08:01,480 Speaker 4: climb barrier, you didn't actually have something to set it against. 136 00:08:01,520 --> 00:08:03,040 Speaker 4: But once you put that on there, you could just 137 00:08:03,120 --> 00:08:05,480 Speaker 4: lean the ladder up against it. It's like self defeating. 138 00:08:14,320 --> 00:08:16,920 Speaker 1: Sometimes these expulsions are not as straightforward as a bus 139 00:08:16,920 --> 00:08:20,080 Speaker 1: to nearest port of entry. CVP has carried out what 140 00:08:20,080 --> 00:08:23,880 Speaker 1: are called lateral transfers by plane or bus, taking migrants 141 00:08:24,160 --> 00:08:27,680 Speaker 1: to another location along the border, to towns like San 142 00:08:27,720 --> 00:08:30,600 Speaker 1: Diego or Ol Paso, even if they entered in Arizona 143 00:08:30,680 --> 00:08:34,720 Speaker 1: or California. This leaves families stranded in the town where 144 00:08:34,720 --> 00:08:39,079 Speaker 1: they have no connections, no resources, and no community. Again, 145 00:08:39,120 --> 00:08:42,199 Speaker 1: these are people I've met. It won't have escaped. The 146 00:08:42,200 --> 00:08:45,800 Speaker 1: listeners attention that those planes and buses and other means 147 00:08:45,800 --> 00:08:49,720 Speaker 1: of detention and transport are indeed congregate settings, but that 148 00:08:49,800 --> 00:08:53,520 Speaker 1: doesn't seem to matter here. Title forty two didn't stop 149 00:08:53,520 --> 00:08:57,200 Speaker 1: people trying to come, but it made the journey more difficult. 150 00:08:58,080 --> 00:09:00,360 Speaker 1: Instead of crossing and trying to turn them selves in 151 00:09:00,400 --> 00:09:03,920 Speaker 1: for asylum or approaching a port of entry, people began 152 00:09:04,000 --> 00:09:08,160 Speaker 1: crossing in more remote places, places without border walls or barriers, 153 00:09:08,440 --> 00:09:13,319 Speaker 1: with less frequent border patrols. In twenty twenty, the Border 154 00:09:13,360 --> 00:09:16,160 Speaker 1: Patrol found two hundred and forty seven dead bodies along 155 00:09:16,160 --> 00:09:19,600 Speaker 1: the border. This is unlikely to represent the full human 156 00:09:19,640 --> 00:09:22,600 Speaker 1: toll of border enforcement. Many deaths in the desert go 157 00:09:22,720 --> 00:09:27,280 Speaker 1: unreported and undiscovered, but it gives some kind of point 158 00:09:27,280 --> 00:09:30,079 Speaker 1: of comparison for the twenty twenty one number. After a 159 00:09:30,160 --> 00:09:33,840 Speaker 1: year of Title forty two, five hundred and forty six 160 00:09:33,880 --> 00:09:37,679 Speaker 1: people died that year. In twenty twenty two, third year 161 00:09:37,720 --> 00:09:41,640 Speaker 1: of Title forty two, eight hundred and fifty seven people died. 162 00:09:43,040 --> 00:09:44,960 Speaker 1: None of those people were guilty of any crime other 163 00:09:45,040 --> 00:09:48,280 Speaker 1: than wanting a better life, but under Title forty two, 164 00:09:48,400 --> 00:09:50,880 Speaker 1: they lost their lives because the US didn't give them 165 00:09:50,920 --> 00:09:54,920 Speaker 1: a safe way to exercise the human right to claim asylum. 166 00:09:55,400 --> 00:09:59,400 Speaker 1: One local advocate, Hamaira Yusefi from a group called PANA, 167 00:09:59,600 --> 00:10:02,480 Speaker 1: the partner Ship for the Demands with New Americans, explain 168 00:10:02,520 --> 00:10:04,840 Speaker 1: what Title forty two have been like for her as 169 00:10:04,880 --> 00:10:06,560 Speaker 1: an advocate for asylum seekers. 170 00:10:06,760 --> 00:10:12,640 Speaker 5: When the pandemic hit, we saw that Title forty two 171 00:10:13,120 --> 00:10:17,400 Speaker 5: heavily restricted those who were able to seek asylum in 172 00:10:17,440 --> 00:10:21,600 Speaker 5: this country. So while there was chaos happening and folks 173 00:10:21,720 --> 00:10:23,880 Speaker 5: around the world who were trying to come to the 174 00:10:23,960 --> 00:10:26,720 Speaker 5: United States for refuge, they were unable to do so. 175 00:10:27,120 --> 00:10:30,280 Speaker 5: And what this resulted in is people taking an even 176 00:10:30,360 --> 00:10:34,360 Speaker 5: more dangerous path right than before and going between the 177 00:10:34,600 --> 00:10:37,640 Speaker 5: ports of entries in order to try to seek refuge. 178 00:10:37,640 --> 00:10:40,800 Speaker 5: And so we have had hundreds of cases of individuals 179 00:10:40,840 --> 00:10:45,360 Speaker 5: who have gotten themselves injured, who the hospitals are calling 180 00:10:45,440 --> 00:10:48,160 Speaker 5: us because they've tried to cross and got injured, and 181 00:10:48,360 --> 00:10:50,960 Speaker 5: where we're trying to help them with getting some basic 182 00:10:51,000 --> 00:10:54,880 Speaker 5: legal services and immediate shelter and those types of things. 183 00:10:55,640 --> 00:10:58,839 Speaker 1: Since Biden took off his human rights first says, it's 184 00:10:58,880 --> 00:11:04,280 Speaker 1: identified more than thirteen thousand incidents of kidnapping, torture, rape, 185 00:11:04,520 --> 00:11:07,680 Speaker 1: or other violent attacks on people blocked or expelled to 186 00:11:07,760 --> 00:11:11,000 Speaker 1: Mexico and a title forty two. That's because it's easy 187 00:11:11,000 --> 00:11:13,439 Speaker 1: for violence to follow people who have no resources and 188 00:11:13,520 --> 00:11:16,800 Speaker 1: no community to protect them. It's for that reason that 189 00:11:16,880 --> 00:11:19,800 Speaker 1: you won't always see faces in my photographs at the border, 190 00:11:20,600 --> 00:11:23,000 Speaker 1: and that some of the names in this series have changed, 191 00:11:23,080 --> 00:11:26,559 Speaker 1: or perhaps we're just using someone's first name. It's also 192 00:11:26,559 --> 00:11:28,920 Speaker 1: for that reason they're not everyone at the border always 193 00:11:29,000 --> 00:11:31,560 Speaker 1: wants to talk. But we do have some interviews coming 194 00:11:31,600 --> 00:11:34,480 Speaker 1: up for you tomorrow. Here's a clip from a discussion 195 00:11:34,480 --> 00:11:36,320 Speaker 1: about this which I recorded the border last week. 196 00:11:36,400 --> 00:11:39,640 Speaker 6: I'm trying to get people's faces, and that's what everybody's doings. 197 00:11:40,600 --> 00:11:41,679 Speaker 2: I can't speak to what they're doing. 198 00:11:41,760 --> 00:11:42,600 Speaker 3: That's what I'm doing. 199 00:11:42,720 --> 00:11:45,160 Speaker 1: I don't know about other people. You should ask. You 200 00:11:45,200 --> 00:11:47,920 Speaker 1: should if you think someone's taking a photo of you. 201 00:11:48,160 --> 00:11:48,600 Speaker 1: It's okay. 202 00:11:48,640 --> 00:11:51,080 Speaker 5: I don't have a why. 203 00:11:52,679 --> 00:11:54,600 Speaker 7: You know, I wish I could. Yeah, I could tell you. 204 00:11:54,760 --> 00:11:57,320 Speaker 1: People who are subject to Title forty to expulsion are 205 00:11:57,360 --> 00:11:59,719 Speaker 1: not given an opportunity to contest their expulsion on the 206 00:11:59,720 --> 00:12:02,200 Speaker 1: ground so it would face persecution in the country to 207 00:12:02,200 --> 00:12:05,199 Speaker 1: which they would be expelled. There's a very limited exceptions 208 00:12:05,200 --> 00:12:08,640 Speaker 1: Title forty two for people who quote unquote spontaneously inform 209 00:12:08,720 --> 00:12:12,000 Speaker 1: CBP officers that they fear being tortured in the country 210 00:12:12,000 --> 00:12:15,120 Speaker 1: to which they will be expelled. However, in order to 211 00:12:15,160 --> 00:12:17,840 Speaker 1: receive an official screening by an asylum officer for exemption 212 00:12:17,920 --> 00:12:21,200 Speaker 1: under that provision, the CBP officer must first determine that 213 00:12:21,280 --> 00:12:24,959 Speaker 1: the claim is reasonably believable. From March twenty twenty through 214 00:12:25,000 --> 00:12:27,920 Speaker 1: September twenty twenty one, just two hundred and seventy two 215 00:12:27,920 --> 00:12:30,800 Speaker 1: people were granted the right to seek asylum under this exception. 216 00:12:31,600 --> 00:12:34,360 Speaker 1: The use of Title forty two has been despite the 217 00:12:34,400 --> 00:12:36,880 Speaker 1: relative lack of outrage sin sur Bide. The administration took 218 00:12:36,920 --> 00:12:41,480 Speaker 1: office bipartisan in twenty twenty one. A few weeks before 219 00:12:41,480 --> 00:12:44,720 Speaker 1: Bilen's inauguration, I spent some time talking to migrants at 220 00:12:44,760 --> 00:12:47,480 Speaker 1: the southern border for slate. Many of them had come 221 00:12:47,520 --> 00:12:49,960 Speaker 1: to a small, tense city that popped up just feet 222 00:12:50,000 --> 00:12:52,840 Speaker 1: from the pedestrian border crossing and the country that they 223 00:12:52,840 --> 00:12:55,160 Speaker 1: had traveled thousands of miles to get to, but that 224 00:12:55,240 --> 00:12:59,520 Speaker 1: they couldn't reach. You can see America through the fence there, 225 00:13:00,120 --> 00:13:03,400 Speaker 1: but you can't get there. The camp was diverse in 226 00:13:03,440 --> 00:13:07,439 Speaker 1: its composition. On one trip, I interviewed folks from Haiti, Honduras, 227 00:13:07,520 --> 00:13:10,960 Speaker 1: l Salbador, Guatemala, and Ethiopia. Here's what one of them 228 00:13:10,960 --> 00:13:13,160 Speaker 1: said to me when he asked his message to President Biden. 229 00:13:13,720 --> 00:13:16,760 Speaker 1: You recognize your voices Daniel's. That's because I don't have 230 00:13:16,800 --> 00:13:18,000 Speaker 1: his permission to use his voice. 231 00:13:18,000 --> 00:13:21,600 Speaker 2: Here we are appealing to President Biden. We aren't bad people. 232 00:13:21,880 --> 00:13:23,840 Speaker 2: Our goal is to work and get ahead in the 233 00:13:23,840 --> 00:13:26,280 Speaker 2: world for our children. We don't want to go back. 234 00:13:26,480 --> 00:13:28,480 Speaker 2: They will kill us, so we are here. 235 00:13:29,160 --> 00:13:31,800 Speaker 1: Some of them wore Biden T shirts, which I suspect 236 00:13:31,880 --> 00:13:33,520 Speaker 1: r actually a plant by a right wing a Jean 237 00:13:33,559 --> 00:13:37,760 Speaker 1: provocateur looking to make the new administration look weak. They 238 00:13:37,920 --> 00:13:40,440 Speaker 1: needn't really have bothered with all the effort. Biden would 239 00:13:40,440 --> 00:13:42,240 Speaker 1: do plenty in the next few months to make himself 240 00:13:42,240 --> 00:13:45,319 Speaker 1: look cruel and unkind. Before we talk about that, I 241 00:13:45,400 --> 00:13:48,400 Speaker 1: want to play you a clip from Biden's first press confidence. President. 242 00:13:48,840 --> 00:13:52,320 Speaker 6: You just listed the reasons that people are coming talking 243 00:13:52,360 --> 00:13:55,040 Speaker 6: about in country problems, saying that it happens every year. 244 00:13:55,240 --> 00:13:56,079 Speaker 4: You blamed the. 245 00:13:56,080 --> 00:13:59,079 Speaker 6: Last administration, Sir. I just got back last night from 246 00:13:59,080 --> 00:14:02,360 Speaker 6: a recording trip to the border where I met nine 247 00:14:02,440 --> 00:14:06,800 Speaker 6: year old Jose, who walked here from Honduras by himself, 248 00:14:07,160 --> 00:14:09,600 Speaker 6: along with another little boy. He had that snout on 249 00:14:09,760 --> 00:14:13,200 Speaker 6: him and we were able to call his family. His 250 00:14:13,360 --> 00:14:16,440 Speaker 6: mother says that she sent her son to this country 251 00:14:16,480 --> 00:14:21,640 Speaker 6: because she believes that you are not deporting unaccompanied minors 252 00:14:21,680 --> 00:14:25,720 Speaker 6: like her son. That's why she's sent him alone from Honduras. So, Sir, 253 00:14:25,840 --> 00:14:29,040 Speaker 6: you blamed the last administration. But is your messaging and 254 00:14:29,120 --> 00:14:31,840 Speaker 6: saying that these children are and will be allowed to 255 00:14:32,000 --> 00:14:34,360 Speaker 6: stay in this country and work their way through this process, 256 00:14:34,880 --> 00:14:38,160 Speaker 6: encouraging families like joseis to come. 257 00:14:39,240 --> 00:14:39,920 Speaker 3: Well, look. 258 00:14:45,280 --> 00:14:49,040 Speaker 7: The idea that I'm going to say, which I would 259 00:14:49,040 --> 00:14:52,640 Speaker 7: never do. If an unaccompanied child ends up at the border, 260 00:14:52,640 --> 00:14:54,480 Speaker 7: We're just gonna let him starve to death and stay 261 00:14:54,480 --> 00:15:01,040 Speaker 7: on the other side. No previous administrations dead either except Trump. 262 00:15:01,880 --> 00:15:04,360 Speaker 7: I'm not going to do it. I'm not going to 263 00:15:04,400 --> 00:15:08,160 Speaker 7: do it. That's why I've asked the Vice President of 264 00:15:08,160 --> 00:15:12,680 Speaker 7: the United States yesterday to be the lead person I'm 265 00:15:12,720 --> 00:15:19,080 Speaker 7: dealing with focusing on the fundamental reasons why people leave Honduras, Guatemala, 266 00:15:19,200 --> 00:15:20,640 Speaker 7: or Salvadora in the first. 267 00:15:20,520 --> 00:15:23,480 Speaker 1: Place in the coming months, some of which I covered 268 00:15:23,520 --> 00:15:27,120 Speaker 1: for an op ed in NBC about the Biden Administration's 269 00:15:27,160 --> 00:15:30,040 Speaker 1: cruel treatment of Haitian migrants. Things on the border didn't 270 00:15:30,080 --> 00:15:33,720 Speaker 1: get any better. Biden deported more Haitian people in a 271 00:15:33,760 --> 00:15:36,400 Speaker 1: few weeks than the Trump administration did in a year, 272 00:15:37,120 --> 00:15:39,600 Speaker 1: eight hundred and ninety five people reporting in twenty twenty 273 00:15:40,080 --> 00:15:43,400 Speaker 1: versus more than one two hundred people from January twentieth 274 00:15:43,720 --> 00:15:48,000 Speaker 1: to March twenty second, twenty twenty one. While making declarations 275 00:15:48,000 --> 00:15:52,080 Speaker 1: about showing compassion to migrants, the Biden administration packed Haitians 276 00:15:52,120 --> 00:15:55,120 Speaker 1: onto crowded planes and buses and sent them back to 277 00:15:55,160 --> 00:15:58,920 Speaker 1: Haiti in the middle of a pandemic. In March, the 278 00:15:59,040 --> 00:16:04,040 Speaker 1: US sent another pointed disinvitation to Haitians. The US Embassy 279 00:16:04,080 --> 00:16:07,120 Speaker 1: in Haiti tweeted a picture President Joe Biden looking off 280 00:16:07,120 --> 00:16:09,160 Speaker 1: into the distance with a caption in both English and 281 00:16:09,200 --> 00:16:15,960 Speaker 1: Haitian creole. In Creole, it read wing cardi sa bienki pavini. 282 00:16:16,720 --> 00:16:18,240 Speaker 1: The translation above it was. 283 00:16:18,760 --> 00:16:21,480 Speaker 2: I can say quite clearly, don't come over. 284 00:16:23,120 --> 00:16:27,280 Speaker 1: In July of that year, Homeland Security Secretary Alejandro Majorcas, 285 00:16:27,560 --> 00:16:30,600 Speaker 1: himself a child of parents who fled from Cuba, said 286 00:16:30,600 --> 00:16:33,800 Speaker 1: the Haitians and Cubans fleeing unrest in their countries will 287 00:16:33,840 --> 00:16:36,280 Speaker 1: not find safety in the US, even if they have 288 00:16:36,360 --> 00:16:39,280 Speaker 1: a credible claim for asylum, and especially if they flee 289 00:16:39,320 --> 00:16:42,760 Speaker 1: by sea. In doing so, he was echoing statements to 290 00:16:42,840 --> 00:16:46,720 Speaker 1: the US broadcast from planes flying over Haiti following the 291 00:16:46,760 --> 00:16:50,840 Speaker 1: devastating earthquake in twenty ten. Following these announcements, the US 292 00:16:50,920 --> 00:16:53,440 Speaker 1: diverted resources so that it could have used to help 293 00:16:53,480 --> 00:16:55,920 Speaker 1: people from suffering in a country which have been destroyed 294 00:16:55,960 --> 00:16:59,920 Speaker 1: by a natural disaster, to stop them coming to this country. 295 00:17:01,120 --> 00:17:05,160 Speaker 1: He was also overlooking that under both international and domestic law, 296 00:17:05,160 --> 00:17:08,160 Speaker 1: asylum seekers are entitled to make claims no matter how 297 00:17:08,200 --> 00:17:11,280 Speaker 1: they enter the country. Here's what Mayoka said at his 298 00:17:11,320 --> 00:17:12,040 Speaker 1: press conference. 299 00:17:12,480 --> 00:17:15,400 Speaker 2: Allow me to be clear, if you take to the sea, 300 00:17:15,720 --> 00:17:17,879 Speaker 2: you will not come to the United States. 301 00:17:18,320 --> 00:17:21,320 Speaker 1: Part of this hardline is because of a perceived crisis 302 00:17:21,359 --> 00:17:23,800 Speaker 1: at the border. You don't have to go far on 303 00:17:23,800 --> 00:17:25,920 Speaker 1: Twitter dot com before you run into people like Fox 304 00:17:26,000 --> 00:17:29,200 Speaker 1: Newses Bill Malugan. Yep, the tampon in the coffee guy 305 00:17:29,280 --> 00:17:33,000 Speaker 1: is now a border reporter and he's shamelessly repeating CBP 306 00:17:33,080 --> 00:17:36,480 Speaker 1: statistics about apprehensions on the southern border. Here he is 307 00:17:36,720 --> 00:17:39,160 Speaker 1: talking to his buddy Tucker Carlson. Do you remember that guy? 308 00:17:39,800 --> 00:17:42,680 Speaker 8: Bill Maluchin has covered the border more closely than any 309 00:17:42,720 --> 00:17:44,639 Speaker 8: reporter in the United States for the last two years, 310 00:17:44,720 --> 00:17:48,960 Speaker 8: and today, in his estimation, the single largest caravan of 311 00:17:49,040 --> 00:17:52,360 Speaker 8: illegal aliens flowing into this country in his two years 312 00:17:52,359 --> 00:17:55,119 Speaker 8: of watching crossed Today he broke the story. He's got 313 00:17:55,160 --> 00:17:58,320 Speaker 8: remarkable video for us. He's lad at the border now, Bill, 314 00:17:58,440 --> 00:17:59,840 Speaker 8: Great to see you. What did you see? 315 00:18:00,280 --> 00:18:01,239 Speaker 9: Tucker can evening to you. 316 00:18:01,240 --> 00:18:02,320 Speaker 4: You mentioned it right off the top. 317 00:18:02,359 --> 00:18:05,480 Speaker 9: This was easily the biggest group we have ever seen 318 00:18:05,560 --> 00:18:08,240 Speaker 9: during our nineteen months of covering this border crisis. And 319 00:18:08,280 --> 00:18:11,399 Speaker 9: they all crossed illegally into El Paso last night, and 320 00:18:11,440 --> 00:18:13,399 Speaker 9: we got some pretty wild camera footage to show you. 321 00:18:13,440 --> 00:18:14,919 Speaker 9: Take a look at this. This was last night in 322 00:18:15,000 --> 00:18:20,040 Speaker 9: ol Paso. A massive caravan over one thousand illegal immigrants 323 00:18:20,080 --> 00:18:23,359 Speaker 9: crossing into El Paso last night. Local media they're reporting 324 00:18:23,359 --> 00:18:25,840 Speaker 9: it was potentially up to two thousand people and that 325 00:18:25,880 --> 00:18:29,919 Speaker 9: it was possibly the biggest mass crossing in the city's history. Now, 326 00:18:29,920 --> 00:18:31,720 Speaker 9: as you look at the video, you'll see just wave 327 00:18:31,840 --> 00:18:35,280 Speaker 9: after wave after wave of these people walking across the 328 00:18:35,359 --> 00:18:37,320 Speaker 9: river and then gathering on the US side of the 329 00:18:37,400 --> 00:18:40,040 Speaker 9: river where they kind of form a single file line. 330 00:18:40,160 --> 00:18:43,120 Speaker 1: But it's not just Fox News doing this. You'll see 331 00:18:43,200 --> 00:18:47,200 Speaker 1: MPR and other more liberal outlets quoting these same statistics 332 00:18:47,320 --> 00:18:52,600 Speaker 1: without the necessary context. They're not lying. Apprehensions are higher, 333 00:18:53,119 --> 00:18:56,120 Speaker 1: but that is in some part because migrants are now 334 00:18:56,160 --> 00:18:59,840 Speaker 1: crossing more than once. In twenty nineteen, before Title forty 335 00:18:59,840 --> 00:19:02,840 Speaker 1: two went into effect, just seven percent of migrants apprehended 336 00:19:02,840 --> 00:19:07,000 Speaker 1: by the Border Patrol had previously been apprehended. The reapprehension 337 00:19:07,119 --> 00:19:10,040 Speaker 1: rate grew to twenty seven percent in fiscal year twenty 338 00:19:10,040 --> 00:19:13,080 Speaker 1: twenty two. This is because we're expelling people to places 339 00:19:13,119 --> 00:19:15,159 Speaker 1: where they have no hope of a better future and 340 00:19:15,240 --> 00:19:17,880 Speaker 1: not leaving them with many options other than to try 341 00:19:17,920 --> 00:19:23,320 Speaker 1: again in more remote and risky settings. Meanwhile, there's much 342 00:19:23,400 --> 00:19:26,919 Speaker 1: less concern from the right and from Democrats at the 343 00:19:26,920 --> 00:19:29,920 Speaker 1: fact that Ukrainians are exempted from Title forty two and 344 00:19:30,400 --> 00:19:34,320 Speaker 1: Russians and Ukrainians generally experience expedited processing of the sort 345 00:19:34,359 --> 00:19:36,199 Speaker 1: which one would hope this country could offer to other 346 00:19:36,280 --> 00:19:40,120 Speaker 1: people escaping conflicts around the world, including many that we started. 347 00:19:41,040 --> 00:19:44,399 Speaker 1: I asked my friend Gustavo Solis, a border investigative reporter 348 00:19:44,480 --> 00:19:48,119 Speaker 1: at KPBS in San Diego, to summarize the bid administration 349 00:19:48,200 --> 00:19:49,680 Speaker 1: to take on Title forty two. 350 00:19:49,800 --> 00:19:52,359 Speaker 10: Now, on paper, the rationalists, there's a pandemic going on. 351 00:19:52,440 --> 00:19:55,120 Speaker 10: We need to stop or slow the spread of COVID nineteen. 352 00:19:55,680 --> 00:19:59,240 Speaker 10: So because of this extraordinary circumstance, we need Title forty 353 00:19:59,280 --> 00:20:04,440 Speaker 10: two to or up the border. That was bullshit, and 354 00:20:04,480 --> 00:20:07,960 Speaker 10: we know that now through reporting that it was total bullshit. 355 00:20:08,000 --> 00:20:12,200 Speaker 10: We know that from as early as twenty eighteen, Stephen Miller, 356 00:20:12,280 --> 00:20:17,000 Speaker 10: Trump's White House aid wanted to use Title forty two 357 00:20:16,800 --> 00:20:21,240 Speaker 10: to stop this type of migration. We know that Vice 358 00:20:21,240 --> 00:20:24,440 Speaker 10: President Mike Pence pressured the top doctors at the CDC 359 00:20:25,240 --> 00:20:28,040 Speaker 10: into doing this, basically saying, if you don't do this, 360 00:20:28,040 --> 00:20:30,800 Speaker 10: you might lose your job. Because even then, in March 361 00:20:30,880 --> 00:20:33,879 Speaker 10: twenty twenty, doctors at the CDC knew that there was 362 00:20:33,880 --> 00:20:36,399 Speaker 10: no real public health rationale for this. I mean, if 363 00:20:36,400 --> 00:20:38,639 Speaker 10: you look at the order, it's supposed to stop COVID, 364 00:20:38,680 --> 00:20:42,400 Speaker 10: but there weren't any exceptions for migrants who were vaccinated 365 00:20:42,600 --> 00:20:46,720 Speaker 10: or there was no testing component to it. So that's 366 00:20:46,800 --> 00:20:49,600 Speaker 10: kind of the beginning of Title forty two. By the 367 00:20:49,600 --> 00:20:52,400 Speaker 10: time Biden came in office, Biden had promised to end 368 00:20:52,400 --> 00:20:56,480 Speaker 10: it along with Roman in Mexico and restore the humane 369 00:20:56,520 --> 00:21:00,399 Speaker 10: asylum system, but he kept Title forty two place, and 370 00:21:00,400 --> 00:21:02,919 Speaker 10: he didn't just keep it in place, he expanded it 371 00:21:02,960 --> 00:21:06,640 Speaker 10: to include nationalities that weren't included when Trump first rolled 372 00:21:06,680 --> 00:21:07,080 Speaker 10: it out. 373 00:21:07,480 --> 00:21:09,960 Speaker 1: Even as a legal battle went back and forth, another 374 00:21:10,000 --> 00:21:13,560 Speaker 1: major bottleneck emerged in a migration system in the form 375 00:21:13,600 --> 00:21:17,399 Speaker 1: of never ending clusterfuck. That is the CBP one app. Again, 376 00:21:17,920 --> 00:21:19,800 Speaker 1: I'll let Gustavo explain his reporting here. 377 00:21:20,400 --> 00:21:23,399 Speaker 10: It actually kind of started with the Ukrainians. That was 378 00:21:23,880 --> 00:21:27,360 Speaker 10: kind of how they started using it for the asylum context. 379 00:21:27,440 --> 00:21:34,120 Speaker 10: But CBP one is essentially a phone app for asylum, 380 00:21:34,480 --> 00:21:37,879 Speaker 10: and on paper it kind of makes sense, right instead of, like, 381 00:21:38,920 --> 00:21:41,720 Speaker 10: you know, Joe Biden and the Dems are really terrified 382 00:21:41,720 --> 00:21:44,200 Speaker 10: of the optics of a lot of people at the border, 383 00:21:45,440 --> 00:21:48,840 Speaker 10: and they a lot of their policy is revolved around 384 00:21:48,920 --> 00:21:51,719 Speaker 10: stopping that right. They don't want masses of people at 385 00:21:51,720 --> 00:21:55,880 Speaker 10: the border. The CBP one app aims to address that 386 00:21:55,920 --> 00:21:58,320 Speaker 10: by telling micros, hey, instead of coming all the way 387 00:21:58,320 --> 00:22:00,840 Speaker 10: to Mexico and showing up the border, just download this 388 00:22:00,880 --> 00:22:05,200 Speaker 10: app and schedule an appointment to come here, and we'll 389 00:22:05,240 --> 00:22:08,199 Speaker 10: let you to see if you're eligible for asylum or not. 390 00:22:11,080 --> 00:22:14,720 Speaker 10: Another example of a policy in Washington, DC that has 391 00:22:15,720 --> 00:22:20,240 Speaker 10: no reality in what's going on the border because migrants 392 00:22:21,720 --> 00:22:24,600 Speaker 10: live in shelters with really bad Wi Fi access, and 393 00:22:24,640 --> 00:22:30,080 Speaker 10: they have crappy phones. So what I found in the 394 00:22:30,160 --> 00:22:33,879 Speaker 10: reporting is that CBP one rewards people with the best phones, 395 00:22:33,880 --> 00:22:37,720 Speaker 10: not necessarily people who are most vulnerable. And the story 396 00:22:37,760 --> 00:22:40,200 Speaker 10: I came out with last week was about how data 397 00:22:40,240 --> 00:22:43,280 Speaker 10: from the Mexican government shows that at least in Tijuana, 398 00:22:44,080 --> 00:22:46,879 Speaker 10: about forty four percent of every migrant who has gotten 399 00:22:46,920 --> 00:22:49,920 Speaker 10: a CBP one application to enter the country is a 400 00:22:49,960 --> 00:22:55,200 Speaker 10: Russian national, and Russian nationals makeup at most ten percent 401 00:22:55,400 --> 00:22:58,280 Speaker 10: of the overall migrant population in Tijuana, So you have 402 00:22:58,320 --> 00:23:03,800 Speaker 10: this situation where a relatively affluent ten percent of the 403 00:23:03,840 --> 00:23:08,760 Speaker 10: population is getting almost half of these humanitarian protection appointments 404 00:23:08,760 --> 00:23:12,879 Speaker 10: that are designed for the world's most vulnerable people. And 405 00:23:12,920 --> 00:23:15,919 Speaker 10: that's what IFY one does like it. They call it 406 00:23:15,960 --> 00:23:18,879 Speaker 10: the ticketmaster of asylum and and that's not a compliment. 407 00:23:18,960 --> 00:23:22,320 Speaker 10: That is like ticketmaster fucking sucks. Nobody likes it. 408 00:23:22,760 --> 00:23:25,600 Speaker 1: I also spoke to Caba, an activist who participated a 409 00:23:25,680 --> 00:23:28,240 Speaker 1: mutual aid at the border. We talked about the app 410 00:23:28,480 --> 00:23:31,520 Speaker 1: because Caba has some professional insight into the technologies used. 411 00:23:32,119 --> 00:23:35,359 Speaker 3: I do data science and machine running data thanks for 412 00:23:36,080 --> 00:23:41,040 Speaker 3: a living and the problem of building these systems trained 413 00:23:41,240 --> 00:23:45,520 Speaker 3: entirely on databases of white faces, and then the matin 414 00:23:45,560 --> 00:23:52,720 Speaker 3: working for people. You know, I think backgrounds is very 415 00:23:52,800 --> 00:23:55,920 Speaker 3: well known in this field. That is a very well 416 00:23:55,920 --> 00:24:00,520 Speaker 3: documented issue for more than a decade. And anyone who 417 00:24:00,520 --> 00:24:02,720 Speaker 3: could tell you that building a facial recognition or some 418 00:24:02,840 --> 00:24:06,600 Speaker 3: kind of a camera app that does image processing and 419 00:24:06,600 --> 00:24:09,000 Speaker 3: and I'm only training it on my faces, it looked 420 00:24:09,040 --> 00:24:11,520 Speaker 3: like that this is a This is not something that 421 00:24:11,640 --> 00:24:14,760 Speaker 3: I think any competent separate development has who would have 422 00:24:14,800 --> 00:24:19,240 Speaker 3: done and not expected. So I have a hard time 423 00:24:19,280 --> 00:24:23,040 Speaker 3: believing that the whole chain of everyone's had to go 424 00:24:23,160 --> 00:24:26,960 Speaker 3: through from the developers on up to you know, anyone 425 00:24:27,080 --> 00:24:31,040 Speaker 3: who does it or you know has authority of these 426 00:24:31,080 --> 00:24:36,160 Speaker 3: things at CBP or Homeland Security. This is just it's 427 00:24:36,240 --> 00:24:40,080 Speaker 3: it's it's like, I don't know, it's it's, it's it's 428 00:24:40,119 --> 00:24:42,360 Speaker 3: it's hard to believe that this was an ass. 429 00:24:43,640 --> 00:24:46,199 Speaker 1: Anyway, before we get too far from discussing things to 430 00:24:46,280 --> 00:24:58,560 Speaker 1: fucking suck is an advertising break, you might be wondering 431 00:24:58,560 --> 00:25:01,000 Speaker 1: why Title forty two is ending now and how we 432 00:25:01,080 --> 00:25:03,160 Speaker 1: got here, given that there seems to be a consensus 433 00:25:03,160 --> 00:25:05,240 Speaker 1: in DC that the border is in crisis, and that 434 00:25:05,240 --> 00:25:07,400 Speaker 1: that crisis is not that people were leaving to die 435 00:25:07,400 --> 00:25:08,960 Speaker 1: on the streets on the other side or in the 436 00:25:09,000 --> 00:25:12,640 Speaker 1: deserts of California and Arizona, but the people were allowing 437 00:25:12,680 --> 00:25:15,359 Speaker 1: to come to the richest country that's ever existed, from 438 00:25:15,440 --> 00:25:18,560 Speaker 1: countries that we've destabilized for decades to have a chance 439 00:25:18,560 --> 00:25:22,399 Speaker 1: of a decent life. Well, the answer is complicated. Some 440 00:25:22,480 --> 00:25:24,480 Speaker 1: of it's a bit too complicated for me to really 441 00:25:24,520 --> 00:25:27,199 Speaker 1: spend the time explaining, and you don't really need to 442 00:25:27,240 --> 00:25:29,280 Speaker 1: know the ins and outs of court cases to understand 443 00:25:29,280 --> 00:25:33,480 Speaker 1: that essentially, the Biden administration had planned to end Title 444 00:25:33,520 --> 00:25:37,040 Speaker 1: forty two in late twenty twenty two, right after the midterms. 445 00:25:37,920 --> 00:25:41,159 Speaker 1: Title forty two actually became theoretically unenforceable in November of 446 00:25:41,200 --> 00:25:43,879 Speaker 1: that year thanks to a court ruling, but the Supreme 447 00:25:43,920 --> 00:25:47,040 Speaker 1: Court in December prevented the Biden administration amending Title forty two, 448 00:25:47,600 --> 00:25:49,600 Speaker 1: while the Justice is considered a request by a group 449 00:25:49,600 --> 00:25:52,800 Speaker 1: of Republican led states that want to continue the expulsions, 450 00:25:53,119 --> 00:25:57,080 Speaker 1: which had previously been decared unlawful by lower court. Biden's 451 00:25:57,080 --> 00:26:00,280 Speaker 1: Department of Justice had previously defended Title forty two was 452 00:26:00,359 --> 00:26:03,240 Speaker 1: necessary to public health, but by the end of twenty 453 00:26:03,240 --> 00:26:05,840 Speaker 1: twenty two, they were ready to end enforcement a Title 454 00:26:05,880 --> 00:26:08,840 Speaker 1: forty two politically, even if they were nowhere near prepared 455 00:26:08,840 --> 00:26:12,600 Speaker 1: on the ground. A coalition of Republican led states, however, 456 00:26:12,800 --> 00:26:14,880 Speaker 1: managed to get a federal judge in Louisiana to prevent 457 00:26:14,920 --> 00:26:18,240 Speaker 1: officials fromending Title forty two, saying the Biden administration and 458 00:26:18,280 --> 00:26:22,400 Speaker 1: did not taken adequate steps required to terminate the policy. Then, 459 00:26:22,440 --> 00:26:25,240 Speaker 1: on November fifteenth, another federal judge declared Title forty two 460 00:26:25,240 --> 00:26:27,879 Speaker 1: are lawful, saying the CDC had not properly explained the 461 00:26:27,920 --> 00:26:31,720 Speaker 1: policy's public health rational or considered its impact on asylum seekers. 462 00:26:32,040 --> 00:26:34,680 Speaker 1: At the request of the Biden administration, the judge gave 463 00:26:34,720 --> 00:26:38,000 Speaker 1: border officials five weeks until December the twenty first to 464 00:26:38,200 --> 00:26:42,320 Speaker 1: end Title forty two nineteen. Republican led States asked several 465 00:26:42,320 --> 00:26:46,280 Speaker 1: courts to delay Title forty two's resisioned indefinitely, warning that 466 00:26:46,400 --> 00:26:50,040 Speaker 1: chaos would otherwise ensue. After their request was denied by 467 00:26:50,040 --> 00:26:53,080 Speaker 1: lower courts, the States asked a Supreme Court to intervene. 468 00:26:53,240 --> 00:26:56,040 Speaker 1: On December twenty seventh, the Supreme Court said it would 469 00:26:56,040 --> 00:26:58,479 Speaker 1: suspend the lower court order that found Title forty two 470 00:26:58,560 --> 00:27:01,199 Speaker 1: to be illegal until it decid I did whether the 471 00:27:01,200 --> 00:27:03,879 Speaker 1: Republican led States should be allowed to intervene in the case. 472 00:27:04,320 --> 00:27:07,840 Speaker 1: That's some Christmas spirit for you. Eventually, with the end 473 00:27:07,840 --> 00:27:10,880 Speaker 1: of the federal emergency over COVID nineteen, Title forty two 474 00:27:11,040 --> 00:27:14,399 Speaker 1: just kind of went away. Customs and Border Protection, the 475 00:27:14,400 --> 00:27:16,840 Speaker 1: federal agency which put up the most staunch resistance to 476 00:27:16,920 --> 00:27:20,560 Speaker 1: vaccine mandates, would begin processing migrants under Title eight of 477 00:27:20,680 --> 00:27:23,560 Speaker 1: US immigration law on the eleventh of May twenty twenty three. 478 00:27:24,320 --> 00:27:27,360 Speaker 1: I'll let them summarize what they see this to mean. 479 00:27:28,000 --> 00:27:32,520 Speaker 1: According to the USCIS website, individuals who unlawfully cross the 480 00:27:32,560 --> 00:27:36,840 Speaker 1: Southwest border will generally be processed under Title eight Expedited 481 00:27:36,880 --> 00:27:40,879 Speaker 1: Removal Authorities in a matter of days. They will be 482 00:27:40,960 --> 00:27:43,080 Speaker 1: barred from re entry to the United States for at 483 00:27:43,160 --> 00:27:46,240 Speaker 1: least five years if ordered removed, and they will be 484 00:27:46,320 --> 00:27:50,680 Speaker 1: presumed ineligible for asylum under the proposed Circumvention of Lawful 485 00:27:50,760 --> 00:27:55,880 Speaker 1: Pathways regulation absent and applicable exception. What this means is, 486 00:27:55,880 --> 00:27:59,400 Speaker 1: if you cross into the United States not at the pordamentry, 487 00:28:00,040 --> 00:28:03,480 Speaker 1: you will be assumed ineligible for asylum and the process 488 00:28:03,480 --> 00:28:06,000 Speaker 1: to remove you from the United States will begin immediately. 489 00:28:06,800 --> 00:28:08,920 Speaker 1: You have a chance to file a defensive asylum claim 490 00:28:08,960 --> 00:28:13,040 Speaker 1: against that, but the process can be rushed and more difficult. 491 00:28:13,880 --> 00:28:17,840 Speaker 1: Despite this and having almost three years to repair, they 492 00:28:17,840 --> 00:28:22,080 Speaker 1: were by no means ready, let's hear from Gustavo again. Gustavo, 493 00:28:22,119 --> 00:28:25,720 Speaker 1: can you explain to us a little bit about what 494 00:28:25,800 --> 00:28:28,840 Speaker 1: you found that by the administration has been planning for 495 00:28:28,920 --> 00:28:30,320 Speaker 1: the end of Title forty two. 496 00:28:31,480 --> 00:28:31,800 Speaker 11: Yeah. 497 00:28:32,440 --> 00:28:35,800 Speaker 10: What I found is they haven't really been doing much planning, right, 498 00:28:36,000 --> 00:28:38,920 Speaker 10: I mean, they talk about I think with Title forty two, 499 00:28:39,200 --> 00:28:43,920 Speaker 10: it's a clear example of immigration policy being decided in Washington, 500 00:28:44,880 --> 00:28:48,000 Speaker 10: and no one really from the border being involved or 501 00:28:48,040 --> 00:28:51,560 Speaker 10: told what's going on. So, like I think it was 502 00:28:51,640 --> 00:28:57,600 Speaker 10: last week the HS Secretary Majorca did this press release 503 00:28:57,640 --> 00:29:02,040 Speaker 10: about what they're doing in terms of processing centers in 504 00:29:02,080 --> 00:29:05,120 Speaker 10: Guatemala and Columbia so people can just go there instead 505 00:29:05,120 --> 00:29:08,280 Speaker 10: of coming all the way to the border, which actually 506 00:29:08,280 --> 00:29:11,120 Speaker 10: there have been timelines of when those will open. But 507 00:29:11,160 --> 00:29:14,280 Speaker 10: they had asked all these things for like big picture things, right, 508 00:29:14,480 --> 00:29:16,880 Speaker 10: to stop people from coming in the first place, Expanding 509 00:29:16,920 --> 00:29:19,600 Speaker 10: some legal pathways, like making it easier for people with 510 00:29:19,680 --> 00:29:24,600 Speaker 10: families already here to get sponsors, fixing some of the 511 00:29:24,640 --> 00:29:28,400 Speaker 10: little things with CVP one, but they don't talk about 512 00:29:28,440 --> 00:29:32,520 Speaker 10: like on the ground logistics right. So for example, I 513 00:29:32,560 --> 00:29:35,360 Speaker 10: went to Tijuana to talk to the head of the 514 00:29:35,360 --> 00:29:38,920 Speaker 10: Department of Migrant Affairs there who told me this, and 515 00:29:39,000 --> 00:29:42,719 Speaker 10: I checked with him yesterday morning, who said, still to 516 00:29:42,760 --> 00:29:45,720 Speaker 10: this day, less than forty eight hours before Title forty 517 00:29:45,760 --> 00:29:48,520 Speaker 10: two ends, he doesn't know how many migrants CBP will 518 00:29:48,520 --> 00:29:51,720 Speaker 10: allow to cross through the ports of entry in Sandy Erro. 519 00:29:53,720 --> 00:29:56,600 Speaker 10: His guess is that maybe two hundred, because that's kind 520 00:29:56,640 --> 00:29:59,400 Speaker 10: of the number that they floated around in December when 521 00:29:59,800 --> 00:30:01,880 Speaker 10: they originally wanted to get rid of Title forty two 522 00:30:01,880 --> 00:30:05,480 Speaker 10: before their lawsuit, and if it's two hundred, he basically said, 523 00:30:05,480 --> 00:30:09,080 Speaker 10: Tijuana's going to be screwed because two hundred doesn't even 524 00:30:09,120 --> 00:30:12,040 Speaker 10: cover the number of new migrants coming in and deporties 525 00:30:12,640 --> 00:30:14,640 Speaker 10: being sent to Tijuana. So it's gonna like, we have 526 00:30:14,800 --> 00:30:18,320 Speaker 10: this bottleneck of migration in Tijuana and all over the 527 00:30:18,320 --> 00:30:21,360 Speaker 10: border because of Title forty two for the last three years, 528 00:30:21,360 --> 00:30:24,520 Speaker 10: no one's been able to move. And if they just 529 00:30:25,000 --> 00:30:27,040 Speaker 10: open it up to two hundred people, that's not really 530 00:30:27,080 --> 00:30:28,600 Speaker 10: going to address any of the bottleneck. 531 00:30:29,640 --> 00:30:33,000 Speaker 1: Right There's like, I think, is it sixteen thousand people 532 00:30:33,400 --> 00:30:36,480 Speaker 1: are waiting like an asylum application right now? 533 00:30:36,520 --> 00:30:36,760 Speaker 10: Yeah? 534 00:30:36,840 --> 00:30:40,360 Speaker 11: Yeah, I hear different numbers throwing around, like ten, thy, fifteen, sixteen, 535 00:30:40,800 --> 00:30:42,920 Speaker 11: and nobody really knows because there's like a network of 536 00:30:42,920 --> 00:30:45,960 Speaker 11: official shelters, and there's a bunch of unofficial shelters, and 537 00:30:46,000 --> 00:30:48,960 Speaker 11: there's a bunch of Russian dudes staying in hotels in airbnbs. 538 00:30:49,160 --> 00:30:52,920 Speaker 11: But I think, yeah, tens of thousands. I think sixteen 539 00:30:53,000 --> 00:30:54,560 Speaker 11: is an accurate number. 540 00:30:55,080 --> 00:30:56,920 Speaker 1: I think it's intructive here to listen to the Fox 541 00:30:56,960 --> 00:30:59,880 Speaker 1: News coverage of this and how much Secretary my Orcus 542 00:31:00,080 --> 00:31:01,160 Speaker 1: tries to panda to them. 543 00:31:01,560 --> 00:31:05,280 Speaker 10: I want to be very clear, our borders are not open. 544 00:31:05,400 --> 00:31:08,920 Speaker 12: Homeand Security Secretary Alejandro Majorcis says when Title forty two 545 00:31:09,040 --> 00:31:12,120 Speaker 12: expires at midnight tonight, anyone who arrives at the southern 546 00:31:12,160 --> 00:31:16,160 Speaker 12: border will be presumed ineligible for asylum and face consequences. 547 00:31:16,440 --> 00:31:20,360 Speaker 12: But withholding facilities already overwhelmed, the administration is ratcheting up 548 00:31:20,400 --> 00:31:23,920 Speaker 12: tough rhetoric while also clearing the way for mass releases 549 00:31:23,960 --> 00:31:27,480 Speaker 12: into US communities with no way for authorities to track people. 550 00:31:27,680 --> 00:31:30,000 Speaker 12: You said at the beginning that you've prepared for this 551 00:31:30,160 --> 00:31:33,440 Speaker 12: moment for almost two years. So why is part of 552 00:31:33,440 --> 00:31:35,640 Speaker 12: that plan and honor system? 553 00:31:36,000 --> 00:31:37,880 Speaker 8: Oh, it is not an honor system. 554 00:31:37,960 --> 00:31:40,880 Speaker 10: They are a subject of our apprehension efforts. 555 00:31:40,920 --> 00:31:43,880 Speaker 12: But under parole release authorized by the US Border Patrol 556 00:31:43,960 --> 00:31:47,600 Speaker 12: Chief last night, migrants do not receive an alien registration 557 00:31:47,680 --> 00:31:50,120 Speaker 12: number for authorities to track them. They don't even get 558 00:31:50,120 --> 00:31:53,000 Speaker 12: a court date. Instead, migrants are asked to turn themselves 559 00:31:53,040 --> 00:31:57,280 Speaker 12: into Ice within sixty days to start immigration proceedings on themselves. 560 00:31:57,360 --> 00:31:59,920 Speaker 8: The American people are watching this. They know what they see. 561 00:32:00,080 --> 00:32:01,479 Speaker 8: They say, a wide open border. 562 00:32:01,520 --> 00:32:05,000 Speaker 12: Florida's Attorney General is suing the administration, arguing the parole 563 00:32:05,040 --> 00:32:07,959 Speaker 12: plan is identical to a policy a federal judge struck 564 00:32:08,040 --> 00:32:09,280 Speaker 12: down earlier this year. 565 00:32:09,400 --> 00:32:11,640 Speaker 11: You have confidence in the lawfulness of our actions. 566 00:32:11,760 --> 00:32:14,520 Speaker 12: Plans to release migrants at bus stops, gas stations, and 567 00:32:14,600 --> 00:32:17,920 Speaker 12: supermarkets was first detailed last year, according to a memo 568 00:32:18,040 --> 00:32:21,760 Speaker 12: uncovered by the Florida Legal Proceedings. Today, Texas Governor Greg 569 00:32:21,760 --> 00:32:25,320 Speaker 12: Abbott sent a busload of migrants to the Vice President's residents. 570 00:32:25,640 --> 00:32:29,040 Speaker 1: Greg Abbott's disgusting antics acide. There was a real attempt 571 00:32:29,120 --> 00:32:31,720 Speaker 1: by the Biden aministration to come through Republican side on 572 00:32:31,840 --> 00:32:35,280 Speaker 1: migration that we can see clearly here. In the hours 573 00:32:35,320 --> 00:32:38,920 Speaker 1: before we expected Title forty two to die. Folks like 574 00:32:39,000 --> 00:32:42,840 Speaker 1: me who cover the border made plans the day before. 575 00:32:43,240 --> 00:32:46,200 Speaker 1: On the tenth, Majorcas announced the Title forty two would 576 00:32:46,240 --> 00:32:49,800 Speaker 1: be enforced up until eleven fifty nine pm Eastern time, 577 00:32:50,760 --> 00:32:54,200 Speaker 1: and in San Diego, border patrol offices closed down the 578 00:32:54,240 --> 00:32:57,360 Speaker 1: port of entry at Sandy Sedra, the border town just 579 00:32:57,400 --> 00:33:00,520 Speaker 1: south of San Diego, for a training exercise in which 580 00:33:00,520 --> 00:33:02,480 Speaker 1: they lined up in front of the cars waiting to 581 00:33:02,480 --> 00:33:08,720 Speaker 1: cross the border with plexiglass shields and ryotgear. Meanwhile, In 582 00:33:08,800 --> 00:33:13,120 Speaker 1: between the two thirty footboard offenses that divide Sanisidarra from Tijuana, 583 00:33:13,640 --> 00:33:19,920 Speaker 1: Board of Patrol began corraling migrants. Afghans, Colombians, Vietnamese, Koreans 584 00:33:19,920 --> 00:33:24,480 Speaker 1: and Golan Sudanese, Tagiks and Congolese people all shared little 585 00:33:24,480 --> 00:33:26,960 Speaker 1: more than a few tarps and cardboard boxes for shelter 586 00:33:27,640 --> 00:33:31,080 Speaker 1: as they waited for something to happen. Despite having months 587 00:33:31,040 --> 00:33:34,240 Speaker 1: to repair and years to plan, it appears at Department 588 00:33:34,280 --> 00:33:36,880 Speaker 1: of Homeland Security totally failed to create so much as 589 00:33:36,880 --> 00:33:40,240 Speaker 1: a scrap of shade or shelter, and instead chose to 590 00:33:40,280 --> 00:33:44,320 Speaker 1: house people detain pending processing in the open air. In 591 00:33:44,360 --> 00:33:50,960 Speaker 1: tomorrow's episode, we'll hear from some of them. 592 00:33:51,160 --> 00:33:53,640 Speaker 2: It Could Happen here as a production of cool Zone Media. 593 00:33:53,720 --> 00:33:56,400 Speaker 12: For more podcasts from cool Zone Media, visit our website 594 00:33:56,440 --> 00:33:58,680 Speaker 12: cool zonemedia dot com, or check us out on the 595 00:33:58,720 --> 00:34:02,160 Speaker 12: iHeartRadio app, apple Pot Podcasts, or wherever you listen to podcasts. 596 00:34:02,680 --> 00:34:04,800 Speaker 12: You can find sources for It Could Happen Here, updated 597 00:34:04,880 --> 00:34:08,880 Speaker 12: monthly at coolzonemedia dot com slash sources. Thanks for listening