WEBVTT - Pirro Drops Reflecting Pool Charges & Ice Arrests at Airports

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<v Speaker 1>This is Bloomberg Law with June grosseol from Bloomberg Radio.

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<v Speaker 2>Our evidence further shows that the National Park Service employees

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<v Speaker 2>observed Herne actually forcefully and violently pulling up and removing

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<v Speaker 2>the bottom liner with both hands.

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<v Speaker 3>Just a month ago, DCUs attorney Janine Piro was adamant

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<v Speaker 3>that the government had evidence to prove that former Olympic

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<v Speaker 3>rower David Hearn damaged the reflecting pool by violently ripping

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<v Speaker 3>up sealant from the bottom of the pool.

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<v Speaker 1>Does that indicating your belief that it was probably damaged

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<v Speaker 1>before or do you believe that.

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<v Speaker 2>He Oh, he damaged.

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<v Speaker 1>It further, But do you believe there had already been damaged.

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<v Speaker 2>Before he damaged the pool?

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<v Speaker 3>A stunning reversal on Friday, when Piero dropped the felony

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<v Speaker 3>vandalism charges against Herne, saying that the damage was actually

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<v Speaker 3>the result of a botched installation by the contractor. President

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<v Speaker 3>Trump continues to insist that vandals damaged the pool.

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<v Speaker 4>I was disappointed with Janie Pirou, really disappointed with Janie Pierrou.

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<v Speaker 1>She folded like an umbrella.

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<v Speaker 3>Bob Pierro blamed the Interior Department for providing less than

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<v Speaker 3>fulsome information and said she wouldn't have sought a grand

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<v Speaker 3>jury indictment if the agency had been more forthcoming, but

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<v Speaker 3>also wrote the filing that a visual inspection showed damage

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<v Speaker 3>throughout the reflecting pool, even in the middle, where a

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<v Speaker 3>vandal wouldn't likely attempt to peel the lining. I mean,

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<v Speaker 3>shouldn't the US Attorney's Office have done a minimal at

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<v Speaker 3>least investigation before they file felony charges against someone.

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<v Speaker 4>That's exactly the question here and why this is such

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<v Speaker 4>an embarrassing setback for the Department of Justice because typically

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<v Speaker 4>the Department of Justice does not roll off on another

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<v Speaker 4>agency to do its own investigation. And in this particular case,

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<v Speaker 4>there was no real rush to judgment. In other words,

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<v Speaker 4>we didn't have a circumstance where there was a potential

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<v Speaker 4>danger to the community or where the potential defendant was

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<v Speaker 4>a flight risk. There was no reason the Department of

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<v Speaker 4>Justice had to move to indict him so quickly, and

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<v Speaker 4>for them to now turn around and say that the

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<v Speaker 4>information that they had been given by the Interior Department

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<v Speaker 4>was incorrect. And as you said, the visual inspection revealed

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<v Speaker 4>damage throughout the reflecting pool such that a vandal would

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<v Speaker 4>not likely have attempted to peel the lining back really

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<v Speaker 4>undermines the Department of Justice position because it shows that

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<v Speaker 4>they never did a thorough investigation before going into the

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<v Speaker 4>grand jury and seeking an indictment in this case.

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<v Speaker 3>Also, in her press conference announcing this, she said there

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<v Speaker 3>was an effort, of violent effort to rip up the

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<v Speaker 3>seal from the bottom of the pool, and she also

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<v Speaker 3>said that yes, there was more than one thousand dollars

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<v Speaker 3>in damage. And now it appears that that was a

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<v Speaker 3>misrepresentation of what happened.

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<v Speaker 4>Well, it certainly seems that way, and I think to

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<v Speaker 4>put this into context, it's fair to point out that

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<v Speaker 4>the idea of the Department of Justice simply outright dismissing

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<v Speaker 4>charges after an indictment is brought is exceedingly rare. It

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<v Speaker 4>almost never happens, and the reason it doesn't happen is

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<v Speaker 4>because federal prosecutors typically take their time to investigate cases

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<v Speaker 4>to make sure that they have enough evidence to gain

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<v Speaker 4>a conviction if their case goes to trial. In fact,

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<v Speaker 4>the guidelines for the US Attorney's Office require that prosecutors

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<v Speaker 4>cannot go into a grand jury and present a case

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<v Speaker 4>for indictment unless they believe that they have evidence that

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<v Speaker 4>would be admissible at trial that is likely to result

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<v Speaker 4>in a conviction. So here it seems like there was

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<v Speaker 4>a real rush to judgment where they went out and

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<v Speaker 4>they indicted based on limited information that was coming from

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<v Speaker 4>the Interior Department, and it turned out, according to the

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<v Speaker 4>Department of Justice, to not be true.

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<v Speaker 3>It seemed like an overcharge to me to charge, even

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<v Speaker 3>if there was some vandalism, to charge him with a felony,

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<v Speaker 3>you know, with the max being ten years. It reminded

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<v Speaker 3>me of the you know, the case of the guy

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<v Speaker 3>now known as the sandwich guy, who tossed a sandwich

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<v Speaker 3>at an ice agent and Piro tried to charge him

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<v Speaker 3>with a felony, but the grand jury wouldn't return a

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<v Speaker 3>felony indictment.

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<v Speaker 4>No, I think that's a fair point, because let's keep

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<v Speaker 4>in mind that this case turned on a single count

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<v Speaker 4>of property destruction, which carries a maximum sentence of ten

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<v Speaker 4>years or up to ten years in prison if there

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<v Speaker 4>is a conviction, and the lee to removing this case

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<v Speaker 4>from a misdemeanor, which would only allow a prison sentence

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<v Speaker 4>of up to a year, to a felony, which in

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<v Speaker 4>this case allows a prison sentence of up to ten

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<v Speaker 4>years is the government's ability to prove that the defendant

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<v Speaker 4>caused at least one thousand dollars in damage to the pool.

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<v Speaker 4>What ended up happening here is that the defense council

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<v Speaker 4>focused on that damages issue, because what they were trying

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<v Speaker 4>to do is at a minimum, move this case from

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<v Speaker 4>a felony back to a misdemeanor by trying to show

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<v Speaker 4>that the government could not meet that one thousand dollars threshold,

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<v Speaker 4>And they focused on testimony that apparently occurred in the

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<v Speaker 4>grand jury in order to obtain this indictment, where the

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<v Speaker 4>government apparently presented only one witness on that element, on

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<v Speaker 4>that critical element of showing that the damage caused allegedly

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<v Speaker 4>by this defendant was at least one thousand dollars. According

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<v Speaker 4>to the defense, that witness testified that the property had

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<v Speaker 4>already deteriorate, that the pool had already begun to fall

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<v Speaker 4>apart in terms of the lining coming up from the bottom,

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<v Speaker 4>and that the repairs that would have been needed would

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<v Speaker 4>have been needed even without mister Hearn's alleged conduct, and

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<v Speaker 4>that the witness testified also that he could not quantify

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<v Speaker 4>any loss. This is according to the defense, caused by

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<v Speaker 4>the alleged conduct of the defendant. So they were really

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<v Speaker 4>already attacking not only the question of whether their client

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<v Speaker 4>committed any crime at all, but they were focusing on

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<v Speaker 4>whether the government could meet this thousand dollars threshold that

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<v Speaker 4>they used to turn this case from a misdemeanor into

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<v Speaker 4>a felony.

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<v Speaker 3>I'm wondering about the timing here, because they dropped the

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<v Speaker 3>charges shortly after the defense was trying to get the

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<v Speaker 3>grand jury transcripts because of what they said were irregularities

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<v Speaker 3>in the process. And we have seen in several instances

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<v Speaker 3>irregularities in the presentation of by federal prosecutors to grand juries,

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<v Speaker 3>and I'm wondering if that might have been an impetus

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<v Speaker 3>for dropping the case as well, that those would have

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<v Speaker 3>been revealed. Now, that's exactly right.

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<v Speaker 4>That was what the defense had focused on, and according

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<v Speaker 4>to the defense, the sole witness that the government relied

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<v Speaker 4>on to prove damages did not even say or suggest

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<v Speaker 4>that the alleged conduct by mister Hearn had compromised the

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<v Speaker 4>liner at all, and in fact, in the charging document

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<v Speaker 4>he was simply charged with touching some of the liner

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<v Speaker 4>that had floated to the surface. According to the prosecution,

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<v Speaker 4>even in the indictment, he was accused of pulling up

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<v Speaker 4>a two foot square piece of the pools lining. Now,

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<v Speaker 4>the defendant's version of what happened, and this is a

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<v Speaker 4>statement he gave just before his arrest, is that he

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<v Speaker 4>was biking and he pulled over to the pool there

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<v Speaker 4>and put his and in the reflecting pool. And he

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<v Speaker 4>said that he reached in to examine the pool's newly

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<v Speaker 4>peeled coding and briefly touched a chunk attached to the

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<v Speaker 4>side of the pool. But he said that he obeyed

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<v Speaker 4>a part worker who was standing right there with him

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<v Speaker 4>and told him to let it go. So he basically

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<v Speaker 4>said he did absolutely nothing to in any way vandalize

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<v Speaker 4>the reflecting pool. And it seems that the government's witness

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<v Speaker 4>largely corroborated the defendant's statement, and that is perhaps the

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<v Speaker 4>reason why we're seeing this sudden dismissal of this indictment,

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<v Speaker 4>because again, it's so exceedingly rare that prosecutors will fully

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<v Speaker 4>dismiss a case rather than try to plead it down

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<v Speaker 4>to a misdemeanor or work out some kind of a

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<v Speaker 4>plea deal. Here it seems that the grand jury testimony

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<v Speaker 4>that the defense was pressing for and that a judge

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<v Speaker 4>would likely require prosecutors to turn over may have completely

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<v Speaker 4>undermined the prosecution's case. And before that happened, it seems

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<v Speaker 4>that Janine Piro, the US Attorney for the District of Columbia,

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<v Speaker 4>felt that she had no choice but to dismiss the case.

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<v Speaker 3>President Trump is exceedingly angry about this. He said that

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<v Speaker 3>he disagreed one hundred percent with what she did. To me,

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<v Speaker 3>it was a pure case of vandalism. If he installs

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<v Speaker 3>a new US attorney for DC, is it possible that

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<v Speaker 3>a new US attorney could bring these charges again?

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<v Speaker 1>Well, I think it's.

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<v Speaker 4>Possible that a US attorney could bring the charges, but

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<v Speaker 4>I think the defense would have an ample basis to

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<v Speaker 4>try to move to dismiss them. And at the end

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<v Speaker 4>of the day, it doesn't seem like the facts here

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<v Speaker 4>are going to change. What was really extraordinary here was

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<v Speaker 4>that not only did Miss Pierro dismiss these charges, but

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<v Speaker 4>she did so or the government did so in a

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<v Speaker 4>twenty page court filing, with the judge in the case

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<v Speaker 4>saying that they had been provided with additional documents by

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<v Speaker 4>the Interior Department since the indictment showing that the damage

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<v Speaker 4>was a result of a botched installation by a contractor,

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<v Speaker 4>as well as the quote rushed to complete the project

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<v Speaker 4>prior to events associated with the America two fifty celebration

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<v Speaker 4>in the week surrounding Independence Day twenty twenty six. So

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<v Speaker 4>what's really unusual here is that this dismissal didn't solely

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<v Speaker 4>focus on the conduct of this defendant. In other words,

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<v Speaker 4>it wasn't simply saying, this is why we have to

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<v Speaker 4>dismiss this case against this defendant. Instead, it was a

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<v Speaker 4>broad rebuke of the entire concept that any of the

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<v Speaker 4>damage caused by the reflecting poll was done by vandals.

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<v Speaker 4>It really completely undermined the narrative that came not only

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<v Speaker 4>from President Trump, but also from the Interior Secretary, who

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<v Speaker 4>took a completely different position and immediately issued a statement

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<v Speaker 4>saying that the Interior Department provided the US Attorney's Office

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<v Speaker 4>with expert and eyewitness testimonies to the damage done by vandals,

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<v Speaker 4>and provided every piece of evidence they asked for and

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<v Speaker 4>in the requested timeline detailing each area of damage to

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<v Speaker 4>the pool. So what we're seeing here is really an

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<v Speaker 4>unheard of scenario where you have one branch of government

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<v Speaker 4>blaming and criticizing the other, a dispute between the Department

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<v Speaker 4>of Justice and the President, the dispute between the Department

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<v Speaker 4>of Justice and the Interior Department, and all of this

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<v Speaker 4>is playing out in full public view. It's really something

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<v Speaker 4>that is extraordinary and is unheard of where you see

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<v Speaker 4>this type of internal debate within the government being played

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<v Speaker 4>out on the national stage in full public view on

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<v Speaker 4>such a high profile issue. And given the high profile

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<v Speaker 4>nature of this prosecution, because of all of the publicity

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<v Speaker 4>surrounding the reflecting pool and Independence Day and the very

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<v Speaker 4>high profile make sure that the President made these repairs

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<v Speaker 4>and having it ready in time for Independence Day. It

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<v Speaker 4>really is extraordinary that the US Attorney has blamed the

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<v Speaker 4>Interior Department and really come very close to saying that

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<v Speaker 4>they were misled. Janeine Piro actually said that they would

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<v Speaker 4>never have brought this case had they known of the

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<v Speaker 4>evidence that was being withheld withheld from the Department of

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<v Speaker 4>Justice by the Interior Department. That is an extraordinary charge

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<v Speaker 4>from one agency to another.

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<v Speaker 3>This is one embarrassment for the DC US Attorney. They

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<v Speaker 3>also had the Sandwich guy case that I mentioned where

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<v Speaker 3>a jury didn't even convict him of a misdemeanor. You

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<v Speaker 3>have the case where they tried to get lawmakers indicted

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<v Speaker 3>over the video that they made telling soldiers that they

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<v Speaker 3>don't have to obey orders that are illegal, and then

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<v Speaker 3>you had the failed subpoenas for former Fed Chair Jerome Powell.

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<v Speaker 3>So I mean, it's been one thing after another with

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<v Speaker 3>this office.

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<v Speaker 4>Well, it certainly does lend credibility to those people who

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<v Speaker 4>have criticized the office of responding to outside pressures, those

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<v Speaker 4>often coming from the White House to bring criminal cases,

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<v Speaker 4>and there appears to be in many of these cases

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<v Speaker 4>a rush to judgment where prosecutors have to either dismiss

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<v Speaker 4>charges when they find out that the evidence that they

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<v Speaker 4>thought they had doesn't actually exist, or in some cases,

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<v Speaker 4>grand jury is simply refusing to even return indictments in

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<v Speaker 4>cases where prosecutors believe they have enough evidence to proceed

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<v Speaker 4>with the criminal case.

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<v Speaker 3>And as far as this case, we may hear more

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<v Speaker 3>in the future from the defense because turns attorneys say

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<v Speaker 3>they're looking at all possible remedies. Thanks so much, Bob.

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<v Speaker 3>As always, that's Robert Mints of Macarter and English how

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<v Speaker 3>hew help us.

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<v Speaker 1>Hey, you guys, come ices here, help us, help us.

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<v Speaker 3>If you go to an airport in the US these days,

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<v Speaker 3>you may see a different kind of scene from the

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<v Speaker 3>usual endless lines. ICE agents roaming around and arresting immigrants

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<v Speaker 3>who have expired visas and sometimes facing opposition from concerned bystanders.

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<v Speaker 1>What's going on? Law enforcement? That's going on? The rights that?

0:14:29.280 --> 0:14:34.840
<v Speaker 1>What's going on? Okay, we're annoying? Are you okay? Back?

0:14:35.240 --> 0:14:39.080
<v Speaker 1>Come on, come on, come on, come on.

0:14:42.640 --> 0:14:46.240
<v Speaker 3>Whether it's l A, X, JFK, or any of about

0:14:46.320 --> 0:14:50.200
<v Speaker 3>thirteen other major airports, ICE is opening up a new

0:14:50.280 --> 0:14:53.880
<v Speaker 3>front in its drive to make two thousand arrests a day,

0:14:54.360 --> 0:14:58.040
<v Speaker 3>and arrests at airports are made easier these days by

0:14:58.080 --> 0:15:03.280
<v Speaker 3>a new cooperation arrangement between ICE and TSA join me

0:15:03.400 --> 0:15:07.160
<v Speaker 3>is an expert in immigration law. Leon Fresco a partner

0:15:07.160 --> 0:15:07.960
<v Speaker 3>at Hollanden Night.

0:15:08.480 --> 0:15:08.680
<v Speaker 1>Leon.

0:15:08.760 --> 0:15:10.760
<v Speaker 3>Are these airport arrests something new?

0:15:11.240 --> 0:15:14.160
<v Speaker 1>Well, it's not completely new, meaning it's not that it's

0:15:14.200 --> 0:15:16.840
<v Speaker 1>never happened before. But what is happening is that ICE,

0:15:17.480 --> 0:15:21.040
<v Speaker 1>under the threat of needing to arrest two thousand people

0:15:21.080 --> 0:15:26.280
<v Speaker 1>a day, is increasingly arresting people at US airports, and

0:15:26.480 --> 0:15:30.600
<v Speaker 1>that's happening because when you're at an airport, you obviously

0:15:30.640 --> 0:15:34.160
<v Speaker 1>don't have weapons, you're in a controlled environment. It's easier

0:15:34.160 --> 0:15:35.880
<v Speaker 1>for ICE to be able to arrest you. So what

0:15:35.960 --> 0:15:40.600
<v Speaker 1>happens is TSA is doing information sharing with ICE, and

0:15:40.800 --> 0:15:43.760
<v Speaker 1>that's what's new. And now that TSA is doing information

0:15:43.920 --> 0:15:47.520
<v Speaker 1>sharing with ICE, they have the manifest of the people

0:15:47.520 --> 0:15:50.840
<v Speaker 1>who are going to be crossing the TSA that morning.

0:15:51.080 --> 0:15:54.040
<v Speaker 1>Just like now, if you cross, you barely sometimes don't

0:15:54.080 --> 0:15:56.480
<v Speaker 1>even need to show your ticket anymore. You just show

0:15:56.520 --> 0:15:59.240
<v Speaker 1>your face and you go right through. They know everybody

0:15:59.280 --> 0:16:03.080
<v Speaker 1>who's coming, why they're coming, what they're coming for. And

0:16:03.160 --> 0:16:06.720
<v Speaker 1>so when one of these individuals that ICE is uncertain

0:16:06.720 --> 0:16:10.320
<v Speaker 1>as to their status, rings the bell essentially and then

0:16:10.400 --> 0:16:14.600
<v Speaker 1>shows up, then now TSA is referring to those individuals

0:16:14.600 --> 0:16:17.840
<v Speaker 1>to ICE and is asking them, hey, prove that you're

0:16:17.840 --> 0:16:20.920
<v Speaker 1>here legally. And a lot of people are in these

0:16:21.000 --> 0:16:24.080
<v Speaker 1>quasi statuses. So that's the problem. Some people who are

0:16:24.160 --> 0:16:27.960
<v Speaker 1>undocumented completely. Yes, those people are being arrested, they're being detained,

0:16:27.960 --> 0:16:31.520
<v Speaker 1>they're being placed in removal proceedings. But the more complicated

0:16:31.520 --> 0:16:34.240
<v Speaker 1>issue is there's a lot of people whose cases have

0:16:34.320 --> 0:16:37.840
<v Speaker 1>been pending for many, many months because the administration has

0:16:37.880 --> 0:16:42.960
<v Speaker 1>decided to dramatically slow down the legal immigration system, including

0:16:43.040 --> 0:16:46.160
<v Speaker 1>pausing it for people from many countries. Although there's currently

0:16:46.160 --> 0:16:49.400
<v Speaker 1>an injunction preventing that, but there's still many people who

0:16:49.400 --> 0:16:54.080
<v Speaker 1>are stuck behind that pause as the backlog developed for many,

0:16:54.080 --> 0:16:56.640
<v Speaker 1>many months from that pause, and so a lot of

0:16:56.640 --> 0:17:00.560
<v Speaker 1>people who should normally be able to fly domestic in

0:17:00.600 --> 0:17:03.800
<v Speaker 1>the United States are now terrified to fly because they're

0:17:03.800 --> 0:17:07.280
<v Speaker 1>worried they won't be able to explain their complicated pending

0:17:07.280 --> 0:17:11.480
<v Speaker 1>immigration status to an ICE agent who's incentivides to arrest them.

0:17:11.920 --> 0:17:14.680
<v Speaker 3>From what I've been seeing, a lot of the people

0:17:14.800 --> 0:17:18.359
<v Speaker 3>where their arrests have been documented on you know video

0:17:18.440 --> 0:17:22.840
<v Speaker 3>by bystanders, a lot of them have expired visas, I

0:17:22.840 --> 0:17:24.040
<v Speaker 3>mean expired for years.

0:17:24.760 --> 0:17:28.160
<v Speaker 1>Well, what happens is this, So let's say you are

0:17:28.280 --> 0:17:31.080
<v Speaker 1>an Indian national. This is a perfect example of this.

0:17:31.200 --> 0:17:34.600
<v Speaker 1>So the Indian national comes to the United States on

0:17:34.720 --> 0:17:40.320
<v Speaker 1>a student visa that might have been valid on April first,

0:17:40.440 --> 0:17:43.120
<v Speaker 1>twenty twenty as an example, that may have been when

0:17:43.119 --> 0:17:46.360
<v Speaker 1>they got their stamp to originally come into the United States.

0:17:46.840 --> 0:17:48.959
<v Speaker 1>A lot of Indian nationals many of them who are

0:17:49.000 --> 0:17:52.800
<v Speaker 1>my clients, never leave the country again after they first

0:17:52.880 --> 0:17:55.720
<v Speaker 1>arrived as a student. They stay for all the years

0:17:55.760 --> 0:17:58.760
<v Speaker 1>they're a student. They change their status from inside the

0:17:58.880 --> 0:18:02.520
<v Speaker 1>United States to what's the H one B visa status,

0:18:02.840 --> 0:18:05.960
<v Speaker 1>and then the problem is there's a backlog because only

0:18:06.000 --> 0:18:09.720
<v Speaker 1>seven percent of all green cards each year are allowed

0:18:09.800 --> 0:18:12.760
<v Speaker 1>to go to one country. So for Indian nationals, the

0:18:12.800 --> 0:18:17.000
<v Speaker 1>green card backlog is like eighty years, one hundred years.

0:18:17.400 --> 0:18:19.880
<v Speaker 1>So they don't leave, they just stay and so that

0:18:19.920 --> 0:18:25.600
<v Speaker 1>initial visa stamp is expired, but their status is lawful.

0:18:25.680 --> 0:18:28.520
<v Speaker 1>They just need to show this document called an I

0:18:28.760 --> 0:18:32.440
<v Speaker 1>seven ninety seven that has the approval of their most

0:18:32.480 --> 0:18:35.679
<v Speaker 1>recent extension of their H one B status from inside

0:18:35.720 --> 0:18:38.120
<v Speaker 1>the United States. The problem is most people don't carry

0:18:38.320 --> 0:18:42.160
<v Speaker 1>those documents around on a domestic flight, but now they

0:18:42.200 --> 0:18:47.960
<v Speaker 1>better because the point is if you show a visa

0:18:48.040 --> 0:18:51.639
<v Speaker 1>that is because the visa expiration on your passport only

0:18:51.640 --> 0:18:54.680
<v Speaker 1>says the last date you're allowed to enter the United States.

0:18:54.760 --> 0:18:57.800
<v Speaker 1>It says nothing about whether you're currently in legal status.

0:18:57.840 --> 0:19:00.840
<v Speaker 1>So many people will have extended their status through a

0:19:00.920 --> 0:19:03.400
<v Speaker 1>number of ways. But now people are going to need

0:19:03.400 --> 0:19:06.080
<v Speaker 1>to be very careful to sort of have an exa

0:19:06.200 --> 0:19:09.920
<v Speaker 1>Jesus written by an immigration lawyer with supporting documents that

0:19:09.960 --> 0:19:13.399
<v Speaker 1>they can just hand to an ICE agent and say,

0:19:13.600 --> 0:19:15.760
<v Speaker 1>here you go, here's all the proof you need. Please

0:19:15.840 --> 0:19:18.879
<v Speaker 1>let me board my flight to Cleveland. Now. So that's

0:19:18.960 --> 0:19:20.880
<v Speaker 1>now we're in a completely new world now.

0:19:21.080 --> 0:19:24.639
<v Speaker 3>So let's say someone with an expired visa is traveling

0:19:24.680 --> 0:19:27.879
<v Speaker 3>and ICE picks them up. Some of these people have

0:19:28.000 --> 0:19:32.480
<v Speaker 3>applied for asylum. What happens next? Are they taken into custody.

0:19:33.040 --> 0:19:35.280
<v Speaker 1>So what needs to happen is first they need to

0:19:35.320 --> 0:19:37.600
<v Speaker 1>try to figure out if the person is here lawfully

0:19:37.680 --> 0:19:40.920
<v Speaker 1>or not. But the question is even there, what are

0:19:40.960 --> 0:19:43.359
<v Speaker 1>they doing. Are they doing this from like, you know,

0:19:43.520 --> 0:19:46.720
<v Speaker 1>we'll detain you first and ask questions later, or are

0:19:46.760 --> 0:19:49.200
<v Speaker 1>they asking the questions first at the airport and letting

0:19:49.200 --> 0:19:51.880
<v Speaker 1>people out. So I've been very interested in this because

0:19:51.920 --> 0:19:54.120
<v Speaker 1>I have a lot of clients in this field, and

0:19:54.600 --> 0:19:57.439
<v Speaker 1>most of the clients I have who've been detained have

0:19:57.560 --> 0:20:00.520
<v Speaker 1>been let out at the airport. But I you cannot

0:20:00.640 --> 0:20:04.600
<v Speaker 1>prove that you have a lawful status. They are detaining you,

0:20:04.960 --> 0:20:08.080
<v Speaker 1>and they're putting you in detention until your removal proceedings

0:20:08.119 --> 0:20:10.560
<v Speaker 1>are over. So you won't get out. So here you

0:20:10.600 --> 0:20:14.240
<v Speaker 1>are thinking you are doing a flight from Houston to Cleveland,

0:20:14.440 --> 0:20:17.440
<v Speaker 1>and now you're in detention until that you get deported

0:20:17.760 --> 0:20:20.160
<v Speaker 1>or until you win your case. And so there are

0:20:20.200 --> 0:20:23.280
<v Speaker 1>some people who are entitled to bond hearings, and so

0:20:23.359 --> 0:20:25.840
<v Speaker 1>those people can ask to be let out on bond

0:20:26.119 --> 0:20:30.080
<v Speaker 1>while their immigration detention case is going on. But the

0:20:30.119 --> 0:20:32.200
<v Speaker 1>families of those people are going to need to find

0:20:32.240 --> 0:20:36.440
<v Speaker 1>wherever they've been detained and find what immigration court their

0:20:36.480 --> 0:20:39.480
<v Speaker 1>case is pending, and hire a lawyer and file a

0:20:39.560 --> 0:20:42.639
<v Speaker 1>bond hearing and argue that bond case. So all of

0:20:42.680 --> 0:20:45.480
<v Speaker 1>that is again a completely new world from the world

0:20:45.560 --> 0:20:46.879
<v Speaker 1>that previously.

0:20:46.359 --> 0:20:50.040
<v Speaker 3>Existed, and d just just cares that it's counting as

0:20:50.080 --> 0:20:51.320
<v Speaker 3>an arrest that day.

0:20:51.680 --> 0:20:56.000
<v Speaker 1>Right exactly. So now you have a much larger number

0:20:56.040 --> 0:20:58.879
<v Speaker 1>of people you can arrest. Of course, this is something

0:20:58.880 --> 0:21:02.800
<v Speaker 1>of rapidly diminish returns because if people now know they're

0:21:02.800 --> 0:21:04.879
<v Speaker 1>gonna get arrested at the airport, you might have gotten

0:21:04.880 --> 0:21:08.920
<v Speaker 1>a good spike initially, but what you've essentially accomplished is

0:21:08.960 --> 0:21:12.400
<v Speaker 1>a ban on domestic flying for undocumented individuals because now

0:21:12.440 --> 0:21:15.880
<v Speaker 1>they know, okay, don't take the airport. So maybe we'll

0:21:15.880 --> 0:21:18.960
<v Speaker 1>move to the boss next, or or the train or something.

0:21:18.960 --> 0:21:22.159
<v Speaker 1>I don't know what will happen next. But the point is,

0:21:22.520 --> 0:21:25.200
<v Speaker 1>if this keeps going on, that's really just what's gonna

0:21:25.200 --> 0:21:27.879
<v Speaker 1>happen is you're just not gonna see First of all,

0:21:28.040 --> 0:21:32.600
<v Speaker 1>for sure undocumented people flying, but even documented people who

0:21:32.600 --> 0:21:35.280
<v Speaker 1>are not lawful permanent residents or who are not citizens

0:21:35.359 --> 0:21:37.280
<v Speaker 1>may decide, you know what, I don't need to take

0:21:37.320 --> 0:21:40.479
<v Speaker 1>this flight. I don't need this aggravation. And so that

0:21:40.560 --> 0:21:42.680
<v Speaker 1>might not be so great for the economy if people

0:21:42.720 --> 0:21:45.480
<v Speaker 1>aren't flying who have every lawful reason to be in

0:21:45.480 --> 0:21:46.760
<v Speaker 1>the United States.

0:21:46.680 --> 0:21:51.159
<v Speaker 3>TSA, and they're all in the Department of Homeland Security.

0:21:50.760 --> 0:21:52.800
<v Speaker 1>All part of the Department of Homeland Security. But what's

0:21:52.840 --> 0:21:57.080
<v Speaker 1>new is TSA didn't share previously the passenger manifests of

0:21:57.080 --> 0:21:59.920
<v Speaker 1>who was coming in every day to the airport with eyes.

0:22:00.119 --> 0:22:03.159
<v Speaker 1>So now they're sharing that, and so now ICE knows

0:22:03.200 --> 0:22:06.280
<v Speaker 1>who's coming into the airport that day, and ICE can

0:22:06.320 --> 0:22:09.280
<v Speaker 1>then cross reference it with its databases and say, okay,

0:22:09.320 --> 0:22:12.440
<v Speaker 1>I want you to select number sixty two, number seventy eight,

0:22:12.520 --> 0:22:15.720
<v Speaker 1>number four hundred and twelve, number three hundred and seventy one.

0:22:16.119 --> 0:22:19.600
<v Speaker 1>And when those people go through the system, because now everyone,

0:22:19.960 --> 0:22:22.639
<v Speaker 1>you don't just walk through now you actually scan an

0:22:22.680 --> 0:22:26.200
<v Speaker 1>ID and take a picture and everything. So when those

0:22:26.240 --> 0:22:29.600
<v Speaker 1>people do those things, the alarm bell immediately goes off,

0:22:29.640 --> 0:22:33.640
<v Speaker 1>bing bing bing. They get referred to ICE, and now

0:22:33.720 --> 0:22:36.919
<v Speaker 1>ICE starts talking to those individuals about what their status is.

0:22:37.119 --> 0:22:39.680
<v Speaker 3>So that came from the top, right, that came.

0:22:39.520 --> 0:22:42.240
<v Speaker 1>From the top. That is a THHS leadership director.

0:22:42.640 --> 0:22:44.840
<v Speaker 3>They said that they've arrested a million people. Is that

0:22:44.880 --> 0:22:47.440
<v Speaker 3>a million since the beginning of the Trump administration?

0:22:47.920 --> 0:22:49.879
<v Speaker 1>I think that is a million since the beginning of

0:22:49.920 --> 0:22:53.000
<v Speaker 1>the Trump administration because at the end of the day,

0:22:53.119 --> 0:22:56.240
<v Speaker 1>they wouldn't have had the ability to arrest two million

0:22:56.320 --> 0:23:00.200
<v Speaker 1>people over the course of just one year. So I'm

0:23:00.200 --> 0:23:02.760
<v Speaker 1>pretty sure it's a million since the beginning of the

0:23:02.800 --> 0:23:03.760
<v Speaker 1>Trump administration.

0:23:03.880 --> 0:23:05.719
<v Speaker 3>And what did they promise three million?

0:23:06.480 --> 0:23:09.240
<v Speaker 1>Well, what they promised was three thousand arrests per day,

0:23:09.880 --> 0:23:12.719
<v Speaker 1>and they're nowhere near three thousand arrests per day, and

0:23:12.760 --> 0:23:15.800
<v Speaker 1>so yeah, that would have been over a million per year.

0:23:16.080 --> 0:23:18.200
<v Speaker 1>So if you do obviously three hundred and sixty five

0:23:18.480 --> 0:23:21.040
<v Speaker 1>times three thousand arrests, that's where you get to the

0:23:21.080 --> 0:23:25.240
<v Speaker 1>million per year. You're not getting that right now, So let's.

0:23:24.960 --> 0:23:28.800
<v Speaker 3>Turn to TPS Temporary protected status. Three hundred and fifty

0:23:28.840 --> 0:23:33.920
<v Speaker 3>thousand Haitians and Syrians had the way for their deportation

0:23:34.200 --> 0:23:38.800
<v Speaker 3>cleared by the Supreme Court last month. What's happening with that?

0:23:39.000 --> 0:23:40.400
<v Speaker 3>Are they all being picked up?

0:23:41.040 --> 0:23:44.199
<v Speaker 1>Well, what I'm seeing anecdotally in the field is people

0:23:44.240 --> 0:23:49.040
<v Speaker 1>with TPS who've lost their TPS are now getting letters

0:23:49.080 --> 0:23:51.800
<v Speaker 1>in the mail. So they're not getting arrested, but they're

0:23:51.840 --> 0:23:54.680
<v Speaker 1>getting letters in the mail saying a deportation case has

0:23:54.720 --> 0:23:57.960
<v Speaker 1>begun against you, and so in that they're going to

0:23:58.040 --> 0:24:00.439
<v Speaker 1>have to show up to a hearing, and if they

0:24:00.440 --> 0:24:03.040
<v Speaker 1>don't show up to that hearing, then automatically they're going

0:24:03.119 --> 0:24:05.760
<v Speaker 1>to be deported. If they show up to that hearing,

0:24:05.800 --> 0:24:07.760
<v Speaker 1>they're going to have to explain, well, what other defense

0:24:07.800 --> 0:24:11.119
<v Speaker 1>do you have? Are you applying for asylum or some

0:24:11.280 --> 0:24:13.320
<v Speaker 1>other thing like have you been here longer than ten

0:24:13.400 --> 0:24:16.840
<v Speaker 1>years and you have a US citizen child that's perhaps

0:24:16.920 --> 0:24:19.719
<v Speaker 1>sick or something that needs you. Because there's a thing

0:24:19.760 --> 0:24:23.280
<v Speaker 1>called cancelation of removal that in that situation you can

0:24:23.320 --> 0:24:25.600
<v Speaker 1>get it, but it has to be an extreme and

0:24:25.720 --> 0:24:28.679
<v Speaker 1>unusual hardship to a US it is in child So

0:24:29.040 --> 0:24:32.280
<v Speaker 1>in a situation like that, perhaps you can stay, or

0:24:32.480 --> 0:24:35.840
<v Speaker 1>perhaps you were a trafficking victim or something like that.

0:24:35.920 --> 0:24:39.280
<v Speaker 1>But there's very few solutions for a lot of these

0:24:39.320 --> 0:24:43.600
<v Speaker 1>people with expiring temporary protected status. So most of them

0:24:43.960 --> 0:24:46.720
<v Speaker 1>are either going to lose their case or they'll just

0:24:46.760 --> 0:24:48.959
<v Speaker 1>not go to the hearing and then it'll be up

0:24:49.000 --> 0:24:51.840
<v Speaker 1>to the federal government to try to actually deport them

0:24:51.880 --> 0:24:54.000
<v Speaker 1>one by one out of the United States.

0:24:54.280 --> 0:24:59.159
<v Speaker 3>Are the Haitians being treated particularly sternly? I mean Trump

0:24:59.200 --> 0:25:01.840
<v Speaker 3>had targeted, you know when he was campaigning.

0:25:03.040 --> 0:25:06.760
<v Speaker 1>Well, at the moment, there's nothing saying that their deportation

0:25:06.920 --> 0:25:10.160
<v Speaker 1>is moving any more quickly than Syrians or people from

0:25:10.240 --> 0:25:13.840
<v Speaker 1>Venezuela or from other countries that have TPS. They all

0:25:13.880 --> 0:25:16.720
<v Speaker 1>seem to be moving at the same pace, which is,

0:25:16.760 --> 0:25:19.080
<v Speaker 1>you know, they go into immigration court and now the

0:25:19.119 --> 0:25:22.560
<v Speaker 1>immigration courts are processing each of these cases. The one

0:25:22.600 --> 0:25:26.440
<v Speaker 1>difference is that the US House actually voted to extend

0:25:26.480 --> 0:25:29.440
<v Speaker 1>TPS for Haitians through twenty twenty nine. That was a

0:25:29.480 --> 0:25:33.440
<v Speaker 1>bipartisan bill with Republicans and Democrats. But President Trump said

0:25:33.440 --> 0:25:35.879
<v Speaker 1>he would veto the bill, and so there we are.

0:25:36.040 --> 0:25:38.200
<v Speaker 1>We're stuck there in that situation.

0:25:38.840 --> 0:25:41.520
<v Speaker 3>Stay with me. Leon coming up next on the Bloomberg

0:25:41.600 --> 0:25:45.360
<v Speaker 3>Last Show, I'll continue this conversation with immigration law attorney

0:25:45.440 --> 0:25:50.040
<v Speaker 3>Leon Fresco. The Trump administration is the first to use

0:25:50.080 --> 0:25:54.920
<v Speaker 3>a secretive US court meant to deport alleged terrorists. I'm

0:25:55.000 --> 0:26:00.520
<v Speaker 3>June Grosso and you're listening to Bloomberg. Florida is trying

0:26:00.560 --> 0:26:04.200
<v Speaker 3>to keep in place a state law which imposes criminal

0:26:04.240 --> 0:26:08.719
<v Speaker 3>penalties on someone who transports a migrant who entered the

0:26:08.880 --> 0:26:13.280
<v Speaker 3>US in violation of the law. Florida's chief Deputy Solicitor

0:26:13.400 --> 0:26:17.680
<v Speaker 3>General tried to walk a tightrope during Friday's oral arguments

0:26:17.960 --> 0:26:21.160
<v Speaker 3>before the US Court of Appeals for the Eleventh Circuit.

0:26:21.800 --> 0:26:25.320
<v Speaker 3>I've been talking to immigration expert Leon Fresco of Honda

0:26:25.400 --> 0:26:28.359
<v Speaker 3>Knight Leon tell us about this Florida law.

0:26:28.840 --> 0:26:32.560
<v Speaker 1>So it's a very creative law because in twenty twelve,

0:26:32.640 --> 0:26:35.400
<v Speaker 1>there was a case called Arizona Versity United States where

0:26:35.400 --> 0:26:38.760
<v Speaker 1>Arizona basically tried to say that if you were not

0:26:38.920 --> 0:26:42.920
<v Speaker 1>registered with the federal government that they can prosecute you.

0:26:42.960 --> 0:26:44.520
<v Speaker 1>So if you were in Arizona and you had not

0:26:44.560 --> 0:26:47.399
<v Speaker 1>registered with the federal government, you could be prosecuted for

0:26:47.400 --> 0:26:50.400
<v Speaker 1>that under Arizona state law, and the US Supreme Court

0:26:50.440 --> 0:26:54.359
<v Speaker 1>said that that was preempted. So Florida tried to say, well,

0:26:54.400 --> 0:26:56.440
<v Speaker 1>you know what, we're not going to do anything about

0:26:56.440 --> 0:27:00.520
<v Speaker 1>immigration registration. Well we're going to say, is if you

0:27:00.600 --> 0:27:04.520
<v Speaker 1>snuck into the United States and nobody knows you're here,

0:27:04.680 --> 0:27:06.520
<v Speaker 1>so it has nothing to do with immigration, and just

0:27:06.560 --> 0:27:09.240
<v Speaker 1>that you snuck in to the United States, and so

0:27:09.320 --> 0:27:11.680
<v Speaker 1>you could be a US citizen, you could be a

0:27:11.760 --> 0:27:14.679
<v Speaker 1>lawful permanent resident, you could be an undocumented person. It

0:27:14.680 --> 0:27:17.520
<v Speaker 1>doesn't matter who you are. If you're anyone who's snuck

0:27:17.560 --> 0:27:21.359
<v Speaker 1>into the United States and the United States doesn't know

0:27:21.400 --> 0:27:24.760
<v Speaker 1>you're here, and now you're being transported into Florida, you

0:27:24.840 --> 0:27:29.480
<v Speaker 1>can be prosecuted the people who transport you for harboring

0:27:29.600 --> 0:27:32.640
<v Speaker 1>and trafficking and all kinds of other things like that.

0:27:32.800 --> 0:27:36.080
<v Speaker 1>So that's what they tried to say. And so the

0:27:36.160 --> 0:27:40.640
<v Speaker 1>farm Worker Association of Florida and the ACLU sued and said,

0:27:40.680 --> 0:27:42.840
<v Speaker 1>you're being too cute by half. This is just an

0:27:42.840 --> 0:27:47.119
<v Speaker 1>immigration statute that you're just trying to say isn't about immigration,

0:27:47.680 --> 0:27:50.359
<v Speaker 1>And so this is still preempted, meaning the federal government

0:27:50.440 --> 0:27:53.479
<v Speaker 1>has to do the punishment for harboring and trafficking and

0:27:53.520 --> 0:27:55.840
<v Speaker 1>all of that. It's not something that you, the state

0:27:55.840 --> 0:27:58.480
<v Speaker 1>of Florida, can do. And the district court agreed, and

0:27:58.640 --> 0:28:01.720
<v Speaker 1>enjoying the statute, Florida appealed and now it's in the

0:28:01.760 --> 0:28:04.720
<v Speaker 1>eleventh Circuit and there was a panel that just heard

0:28:04.720 --> 0:28:08.480
<v Speaker 1>the argument with two Biden appointees and one Trump appointee

0:28:08.840 --> 0:28:12.439
<v Speaker 1>who seemed skeptical that this was gonna work, that this

0:28:12.600 --> 0:28:17.280
<v Speaker 1>solution of saying, well, this isn't really about immigration because

0:28:17.280 --> 0:28:21.800
<v Speaker 1>we're not penalizing people who are undocumented. We're penalizing anyone

0:28:21.840 --> 0:28:25.000
<v Speaker 1>who's snuck into the United States. And so because we're

0:28:25.000 --> 0:28:27.919
<v Speaker 1>doing that, we're not checking anyone with immigration status. And

0:28:27.960 --> 0:28:29.840
<v Speaker 1>so the court was s like, well, how somebody supposed

0:28:29.880 --> 0:28:32.640
<v Speaker 1>to know whether someone snuck into the country or Now,

0:28:32.680 --> 0:28:35.280
<v Speaker 1>what documents are they going to have to show the

0:28:35.320 --> 0:28:38.520
<v Speaker 1>person transporting them to show that they were quote unquote

0:28:38.560 --> 0:28:41.760
<v Speaker 1>inspected when they arrived in the United States, And of

0:28:41.800 --> 0:28:44.840
<v Speaker 1>course those are going to be immigration documents. And so

0:28:45.400 --> 0:28:48.040
<v Speaker 1>that's what's going to be the complication here. And so

0:28:48.280 --> 0:28:52.240
<v Speaker 1>I don't know exactly how Florida gets around the pre

0:28:52.280 --> 0:28:55.720
<v Speaker 1>empsion issue here, but we shall see. Anything can happen

0:28:55.720 --> 0:28:58.600
<v Speaker 1>in the courts these days, but it seems very difficult

0:28:58.600 --> 0:29:00.560
<v Speaker 1>there or gets.

0:29:00.400 --> 0:29:04.520
<v Speaker 3>Struck down a Georgia. Similar Georgia law right in twenty

0:29:04.520 --> 0:29:05.240
<v Speaker 3>twelve down a.

0:29:05.240 --> 0:29:08.720
<v Speaker 1>Similar Georgia law that tried to do something very similar.

0:29:08.800 --> 0:29:12.920
<v Speaker 1>But again Florida's trying to say that we're just looking

0:29:13.080 --> 0:29:16.760
<v Speaker 1>unlike the Georgia law at this issue of just inspection.

0:29:17.080 --> 0:29:20.440
<v Speaker 1>So if a US citizen snuck across the border and

0:29:20.480 --> 0:29:23.360
<v Speaker 1>then you transported them into Florida, it would be the

0:29:23.400 --> 0:29:26.920
<v Speaker 1>same penalty as an undocumented person. So this has nothing

0:29:26.920 --> 0:29:29.640
<v Speaker 1>to do with immigration. We just don't want people here

0:29:29.760 --> 0:29:32.440
<v Speaker 1>who's snuck into the country. We don't care if you overstayed.

0:29:32.760 --> 0:29:36.360
<v Speaker 1>We're not doing anything related to overstaying. We're just doing

0:29:36.400 --> 0:29:40.240
<v Speaker 1>something for penalizing people who snuck into the country. But

0:29:40.320 --> 0:29:42.040
<v Speaker 1>I don't think it's going to be enough to work.

0:29:42.600 --> 0:29:47.680
<v Speaker 3>Does Florida have the law enforcement resources to catch people

0:29:47.760 --> 0:29:50.120
<v Speaker 3>who help people sneak into the country.

0:29:50.480 --> 0:29:52.720
<v Speaker 1>Well, First of all, Florida is always sort of the

0:29:52.800 --> 0:29:55.680
<v Speaker 1>leadership at the leading edge of the conservative causes, Because

0:29:55.720 --> 0:30:00.520
<v Speaker 1>the leading edge of the conservative causes right now is deportation, deportation, deportation.

0:30:00.960 --> 0:30:03.000
<v Speaker 1>They want to say, look, how we are at the

0:30:03.000 --> 0:30:05.320
<v Speaker 1>front of these deportation issues. But at the end of

0:30:05.360 --> 0:30:08.840
<v Speaker 1>the day, Florida has this very soft underbelly of agricultural

0:30:08.920 --> 0:30:13.200
<v Speaker 1>needs and tourism needs and hospitality needs that if they

0:30:13.360 --> 0:30:16.280
<v Speaker 1>really got their wish, it's like the dog catching the car.

0:30:16.520 --> 0:30:19.280
<v Speaker 1>The dog really did catch the car. Here, I don't

0:30:19.320 --> 0:30:22.479
<v Speaker 1>know how Florida's economy ends up functioning without all of

0:30:22.520 --> 0:30:25.280
<v Speaker 1>these people. So alas, we are where we.

0:30:25.200 --> 0:30:28.640
<v Speaker 3>Are, So now let's talk about this. They're calling it

0:30:28.640 --> 0:30:33.400
<v Speaker 3>a zombie cord, the never used cord, the Alien Terrorist

0:30:33.480 --> 0:30:37.600
<v Speaker 3>Removal Court. The Trump administration is the first administration to

0:30:37.760 --> 0:30:38.520
<v Speaker 3>use this court.

0:30:39.200 --> 0:30:42.320
<v Speaker 1>Correct, There was a court called the Alien Terrorist Removal

0:30:42.360 --> 0:30:45.480
<v Speaker 1>Cord that was established in nineteen ninety six as part

0:30:45.520 --> 0:30:48.760
<v Speaker 1>of the Anti Terrorism and Effective Death Penalty Act, which

0:30:48.800 --> 0:30:50.880
<v Speaker 1>was all the laws that changed all the ways you

0:30:50.920 --> 0:30:53.920
<v Speaker 1>could ask for habeas corpus in America because the system

0:30:53.960 --> 0:30:57.280
<v Speaker 1>had been deemed way too complicated. And as a corollary

0:30:57.480 --> 0:31:00.239
<v Speaker 1>to this, there was this court that was created. What

0:31:00.280 --> 0:31:03.400
<v Speaker 1>the court was supposed to do is it was supposed

0:31:03.400 --> 0:31:06.640
<v Speaker 1>to allow the government to have a special way to

0:31:06.760 --> 0:31:10.160
<v Speaker 1>deport terrorists without needing to sort of give all the

0:31:10.200 --> 0:31:13.240
<v Speaker 1>information to the court. So the idea is you could

0:31:13.240 --> 0:31:17.920
<v Speaker 1>give classified confidential information in an application to the judge,

0:31:18.160 --> 0:31:20.320
<v Speaker 1>so that judge would be the only person who would

0:31:20.320 --> 0:31:23.160
<v Speaker 1>see it, and then the judge would say, Okay, I'm

0:31:23.160 --> 0:31:25.880
<v Speaker 1>going to work with the federal government to create a

0:31:26.000 --> 0:31:30.880
<v Speaker 1>non classified document that would theoretically give enough notice and

0:31:30.960 --> 0:31:35.240
<v Speaker 1>ability to refute the charges to the defendant that it

0:31:35.280 --> 0:31:39.160
<v Speaker 1>would survive due process concerns, because the idea is, how

0:31:39.160 --> 0:31:41.160
<v Speaker 1>do you prove a negative? Someone says you're a terrorist?

0:31:41.240 --> 0:31:42.760
<v Speaker 1>You say, well, how do you know I'm a terrorist?

0:31:42.920 --> 0:31:45.160
<v Speaker 1>And they don't tell you because they say, well, if

0:31:45.200 --> 0:31:48.120
<v Speaker 1>I tell you, I'll be revealing sources and methods, and

0:31:48.160 --> 0:31:50.920
<v Speaker 1>so I can't tell you. So in a normal way

0:31:51.320 --> 0:31:55.480
<v Speaker 1>that something could occur. It would be where someone would

0:31:55.480 --> 0:31:58.080
<v Speaker 1>say you rob the liquor store and you would say, well,

0:31:58.480 --> 0:32:00.760
<v Speaker 1>who saw me? And you would say Bob and you

0:32:00.760 --> 0:32:03.320
<v Speaker 1>would say, well, no, it couldn't have been Bob because

0:32:03.360 --> 0:32:06.200
<v Speaker 1>Bob was in another city that day or whatever. But

0:32:06.280 --> 0:32:09.800
<v Speaker 1>you can't have that defense here because it's classified. But anyway,

0:32:09.840 --> 0:32:13.000
<v Speaker 1>the idea is you're supposed to have enough to move

0:32:13.040 --> 0:32:15.680
<v Speaker 1>forward and make your defense and then this district judge

0:32:15.680 --> 0:32:18.920
<v Speaker 1>can decide whether you get deported or not. And then

0:32:19.080 --> 0:32:23.120
<v Speaker 1>either side, either the government or the foreign national in question,

0:32:23.320 --> 0:32:27.160
<v Speaker 1>can appeal to the DC Circuit only and then that

0:32:27.200 --> 0:32:29.800
<v Speaker 1>gets decided. So this is the first case, and it

0:32:29.880 --> 0:32:32.800
<v Speaker 1>involves an Afghan lawful permanent resident, meaning she has a

0:32:32.840 --> 0:32:35.760
<v Speaker 1>green card and she's forty seven years old, and they're

0:32:35.800 --> 0:32:39.840
<v Speaker 1>saying that she's the matriarch of an ISIS sympathizing family

0:32:39.880 --> 0:32:44.520
<v Speaker 1>who radicalized her family to commit an ISIS inspired mass

0:32:44.520 --> 0:32:47.640
<v Speaker 1>shooting on election Day in twenty twenty four, and so

0:32:47.760 --> 0:32:52.800
<v Speaker 1>the kids were arrested and convicted for their plot. And

0:32:52.840 --> 0:32:56.360
<v Speaker 1>so even though the mother didn't actually participate in the plot,

0:32:56.440 --> 0:32:58.880
<v Speaker 1>so she doesn't have a criminal conviction because if she

0:32:58.920 --> 0:33:02.000
<v Speaker 1>had a criminal conviction, it'd be very easy to deport her.

0:33:02.320 --> 0:33:05.560
<v Speaker 1>They're trying to say, nonetheless, she's a terrorist, and so

0:33:05.760 --> 0:33:10.280
<v Speaker 1>they're relying on a confidential application to do this or

0:33:10.280 --> 0:33:15.000
<v Speaker 1>a classified application, and so the court was just implemented.

0:33:15.160 --> 0:33:18.040
<v Speaker 1>And so you have the judge and she's new and

0:33:18.120 --> 0:33:20.040
<v Speaker 1>this is the first time she's done this. And in

0:33:20.080 --> 0:33:23.239
<v Speaker 1>the first hearing, Judge Erickson, she's trying to sort of

0:33:23.280 --> 0:33:25.560
<v Speaker 1>work out with the government, how do we do this

0:33:26.080 --> 0:33:29.240
<v Speaker 1>and who is submits evidence and where and who's entitled

0:33:29.360 --> 0:33:32.960
<v Speaker 1>to seek does the defense attorney get to see classified evidence?

0:33:33.000 --> 0:33:36.240
<v Speaker 1>At the defense attorney, who's a federal public defender, says

0:33:36.640 --> 0:33:39.640
<v Speaker 1>this whole thing is unconstitutional and I want to appeal

0:33:39.920 --> 0:33:42.920
<v Speaker 1>the constitutionality of all of this first before we have

0:33:43.440 --> 0:33:46.480
<v Speaker 1>the actual merit heering. And so this is going to

0:33:46.560 --> 0:33:49.640
<v Speaker 1>be years of litigation. But I suppose if you were

0:33:49.640 --> 0:33:51.640
<v Speaker 1>ever going to use this court, it has to get done.

0:33:51.960 --> 0:33:54.280
<v Speaker 1>So we will see how long this will take to

0:33:54.360 --> 0:33:59.000
<v Speaker 1>actually prove the constitutionality or whether we'll have a constitutionality

0:33:59.080 --> 0:34:02.560
<v Speaker 1>question first, or whether we'll have the merits of the

0:34:02.640 --> 0:34:05.160
<v Speaker 1>removal first. Well, we'll just have to see how this

0:34:05.240 --> 0:34:05.800
<v Speaker 1>all goes.

0:34:06.160 --> 0:34:09.280
<v Speaker 3>And they're using this because they want to deport someone quickly.

0:34:10.080 --> 0:34:14.319
<v Speaker 1>Correct the idea is once this finally gets implemented, if

0:34:14.320 --> 0:34:17.760
<v Speaker 1>this actually is proven to be constitutional and it's proven

0:34:17.800 --> 0:34:21.239
<v Speaker 1>to work, then the idea is you can because if

0:34:21.280 --> 0:34:24.040
<v Speaker 1>you recall at the beginning of the Trump administration, they

0:34:24.080 --> 0:34:27.680
<v Speaker 1>wanted to declare a bunch of Venezuelan nationals alien enemies

0:34:27.719 --> 0:34:30.880
<v Speaker 1>and they wanted to deport them without due process, and

0:34:30.920 --> 0:34:33.239
<v Speaker 1>they wanted to just say you're alien enemies. This was

0:34:33.280 --> 0:34:37.200
<v Speaker 1>a seventeen eighty statue. And Judge Bosburg was the one

0:34:37.239 --> 0:34:39.680
<v Speaker 1>who actually said, no, no, no, no, if you really think

0:34:39.719 --> 0:34:42.520
<v Speaker 1>someone is a terrorist, you have to go and use

0:34:42.560 --> 0:34:46.480
<v Speaker 1>this Alien Terrorist Removal cord. So that's the genesis of this.

0:34:46.600 --> 0:34:49.840
<v Speaker 1>So they actually took his advice and they said, Okay,

0:34:49.880 --> 0:34:51.680
<v Speaker 1>if you're telling us we have to use this Alien

0:34:51.760 --> 0:34:54.799
<v Speaker 1>Terrorist Removal Court and not use the Alien Enemies Act,

0:34:54.840 --> 0:34:55.879
<v Speaker 1>that's what we're going to use.

0:34:56.280 --> 0:35:01.640
<v Speaker 3>Journey to yet another immigration topic. A federal has ruled

0:35:01.719 --> 0:35:05.439
<v Speaker 3>that Illinois can no longer offer in state tuition at

0:35:05.560 --> 0:35:10.040
<v Speaker 3>public colleges and universities to immigrants who are illegally in

0:35:10.120 --> 0:35:13.640
<v Speaker 3>the US. How many states offer this right?

0:35:13.719 --> 0:35:17.600
<v Speaker 1>Basically, there's a fourteen states that have these laws, and

0:35:17.640 --> 0:35:20.000
<v Speaker 1>they all try to again, just like Florida tried to

0:35:20.040 --> 0:35:23.880
<v Speaker 1>be a little bit tricky with its law with regard

0:35:23.960 --> 0:35:28.080
<v Speaker 1>to inspection versus being undocumented. These states are a little

0:35:28.080 --> 0:35:32.920
<v Speaker 1>bit tricky because there's a federal statute that says the following.

0:35:32.960 --> 0:35:37.720
<v Speaker 1>The federal statute says eight USC. Sixteen twenty three. It says,

0:35:38.000 --> 0:35:40.759
<v Speaker 1>notwithstanding any other provision of law, an alien who's not

0:35:40.840 --> 0:35:44.360
<v Speaker 1>lawfully present in the United States shall not be eligible

0:35:44.760 --> 0:35:48.080
<v Speaker 1>on the basis of residents within a state to any

0:35:48.200 --> 0:35:52.600
<v Speaker 1>post secondary education benefit, unless a citizen or national of

0:35:52.640 --> 0:35:54.960
<v Speaker 1>the United States is eligible for such a benefit. So

0:35:55.000 --> 0:35:58.120
<v Speaker 1>what it's basically saying, in plain English for your listeners

0:35:58.200 --> 0:36:02.640
<v Speaker 1>is you can't give undocumented immigrants and in state tuition

0:36:02.840 --> 0:36:06.480
<v Speaker 1>discount unless everybody gets there. Basically, you'd have to end

0:36:06.480 --> 0:36:09.400
<v Speaker 1>the concept of in state tuition because what you'd have

0:36:09.480 --> 0:36:12.320
<v Speaker 1>to do is everybody would have to get that benefit.

0:36:12.760 --> 0:36:15.239
<v Speaker 1>And so what these states have done is they say no, no, no, no,

0:36:15.400 --> 0:36:18.160
<v Speaker 1>this is not about residents. We're just asking So, like

0:36:18.200 --> 0:36:20.840
<v Speaker 1>the Illinois statue doesn't say anything about being a resident

0:36:21.239 --> 0:36:26.279
<v Speaker 1>in Illinois. What it says instead is did you graduate

0:36:26.320 --> 0:36:29.600
<v Speaker 1>from an Illinois high school after spending three years there?

0:36:30.000 --> 0:36:32.319
<v Speaker 1>And so it's kind of a residence thing. But it's

0:36:32.440 --> 0:36:34.960
<v Speaker 1>they're trying to take it out of there. They're saying, no, no,

0:36:35.040 --> 0:36:39.399
<v Speaker 1>this is for people who graduated Illinois high school. It's

0:36:39.480 --> 0:36:42.520
<v Speaker 1>not for residents. And so they try to make some

0:36:42.680 --> 0:36:47.200
<v Speaker 1>distinction there. But most of these people other than in Minnesota.

0:36:47.280 --> 0:36:50.840
<v Speaker 1>Minnesota one with that argument, other states have been losing

0:36:50.880 --> 0:36:52.879
<v Speaker 1>in the courts with this argument, and they're saying, no,

0:36:52.960 --> 0:36:56.279
<v Speaker 1>this is really just a residence thing. Again, this is

0:36:56.360 --> 0:37:00.080
<v Speaker 1>not uh, try to work a way around the statute.

0:37:00.239 --> 0:37:02.080
<v Speaker 1>At the end, the Supreme Court is probably going to

0:37:02.120 --> 0:37:05.640
<v Speaker 1>have to look at this and decide are those really

0:37:05.880 --> 0:37:09.719
<v Speaker 1>in state tuish given on the basis of residents or

0:37:09.760 --> 0:37:13.840
<v Speaker 1>did they successfully craft a workaround that's not about residents

0:37:13.880 --> 0:37:16.320
<v Speaker 1>by saying no, no, no, we don't care if you

0:37:16.480 --> 0:37:19.360
<v Speaker 1>live in our state. We're just asking did you graduate

0:37:19.440 --> 0:37:22.440
<v Speaker 1>from high school in our state? And so that's really

0:37:22.480 --> 0:37:23.200
<v Speaker 1>the issue here.

0:37:23.680 --> 0:37:26.359
<v Speaker 3>Yeah, I'm curious about about one thing. So you have

0:37:26.680 --> 0:37:30.160
<v Speaker 3>people who are illegal going to college in these states.

0:37:30.640 --> 0:37:34.080
<v Speaker 3>That information is on the books. So how come Ice

0:37:34.160 --> 0:37:36.839
<v Speaker 3>isn't looking at the books and picking them up.

0:37:37.239 --> 0:37:39.560
<v Speaker 1>Well, they could, absolutely, they just know that when they

0:37:39.600 --> 0:37:42.560
<v Speaker 1>do that, that's sort of the hardest target in the

0:37:42.680 --> 0:37:46.719
<v Speaker 1>pr war, because if you pick up a criminal, then

0:37:46.760 --> 0:37:49.640
<v Speaker 1>that's great, that's the softest target. You can start doing

0:37:49.680 --> 0:37:53.000
<v Speaker 1>press releases. Hey, we picked up a predator that Governor

0:37:53.040 --> 0:37:56.520
<v Speaker 1>Holkel didn't care about, or a predator that governor knew

0:37:56.560 --> 0:37:59.600
<v Speaker 1>some didn't care about. Blah blah blah. That's easy. But

0:37:59.680 --> 0:38:02.920
<v Speaker 1>when you take the pre med student out of the

0:38:03.040 --> 0:38:06.719
<v Speaker 1>University of Illinois Chicago, they say, oh my god, this

0:38:06.920 --> 0:38:09.200
<v Speaker 1>was a person with a dream and they were here

0:38:09.239 --> 0:38:11.680
<v Speaker 1>when they were too and it was their dream to

0:38:11.800 --> 0:38:14.759
<v Speaker 1>become a medical student. And they have all a's and

0:38:14.800 --> 0:38:17.240
<v Speaker 1>now you've ruined their life and all of that. That's

0:38:17.239 --> 0:38:19.640
<v Speaker 1>sort of the one where a lot of people listen

0:38:19.719 --> 0:38:22.320
<v Speaker 1>to that fact pattern and they say, come, why of

0:38:22.400 --> 0:38:25.319
<v Speaker 1>all the people did you pick up that person and

0:38:25.360 --> 0:38:27.359
<v Speaker 1>not someone else? So I think that's why you don't

0:38:27.360 --> 0:38:30.040
<v Speaker 1>see it as that is as a pr matter, the

0:38:30.120 --> 0:38:34.440
<v Speaker 1>absolute worst person you can pick up, they do do it. Sometimes.

0:38:34.440 --> 0:38:36.840
<v Speaker 1>There was a student I remember who was flying on

0:38:36.880 --> 0:38:39.440
<v Speaker 1>a plane to go to college, I think to Bentley

0:38:39.560 --> 0:38:42.520
<v Speaker 1>or one of these universities in Massachusetts, and they picked

0:38:42.520 --> 0:38:45.279
<v Speaker 1>her up. She was undocumented, and they said, you're not

0:38:45.320 --> 0:38:49.040
<v Speaker 1>going to go to school. Now here is where statutorially, though,

0:38:49.440 --> 0:38:53.719
<v Speaker 1>it's a tough deal because if you did everything correctly

0:38:54.360 --> 0:38:56.919
<v Speaker 1>and you got a student visa, and that f one

0:38:56.960 --> 0:38:59.759
<v Speaker 1>student visa to come into America, you had the whole

0:38:59.800 --> 0:39:02.600
<v Speaker 1>point of the student visa and the whole reason why

0:39:02.680 --> 0:39:05.120
<v Speaker 1>it's such a beloved thing by all these state schools

0:39:05.400 --> 0:39:07.400
<v Speaker 1>is because all of those people are coming in with

0:39:07.520 --> 0:39:10.759
<v Speaker 1>bags of cash to go to University of Florida or

0:39:10.920 --> 0:39:14.680
<v Speaker 1>University of New you know, Sunny Binghamton or wherever else

0:39:14.719 --> 0:39:17.680
<v Speaker 1>they're going to. And so it is a bit odd

0:39:17.680 --> 0:39:21.000
<v Speaker 1>that you can be undocumented and so your quote unquote

0:39:21.040 --> 0:39:25.640
<v Speaker 1>breaking the rules and getting an in state tuition, whereas

0:39:25.640 --> 0:39:28.720
<v Speaker 1>you follow the rules on an F one student visa

0:39:29.120 --> 0:39:31.880
<v Speaker 1>and now you're paying the out of state super high

0:39:32.120 --> 0:39:34.920
<v Speaker 1>tuition with all the fees involved and everything else. So

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<v Speaker 1>from that standpoint, I can see an unfairness argument that

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<v Speaker 1>registers more than in some other areas.

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<v Speaker 3>I think most people would react that way. Thanks so much, Leon.

0:39:45.800 --> 0:39:48.719
<v Speaker 3>That's Leon Fresco of Holland and Night, and that's it

0:39:48.760 --> 0:39:51.360
<v Speaker 3>for this edition of The Bloomberg Law Show. Remember you

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