1 00:00:11,320 --> 00:00:14,360 Speaker 1: You probably don't remember the passage of Title forty two, 2 00:00:14,760 --> 00:00:17,000 Speaker 1: let alone that of Title forty two tap to six 3 00:00:17,160 --> 00:00:20,439 Speaker 1: a sub Chapter two, Part G Section two sixty four, 4 00:00:21,480 --> 00:00:23,880 Speaker 1: But it's a part of US federal law that gives 5 00:00:23,880 --> 00:00:26,239 Speaker 1: the government of the authority to take emergency action to 6 00:00:26,280 --> 00:00:29,960 Speaker 1: keep communical diseases out of the country. The portion, which 7 00:00:30,040 --> 00:00:33,680 Speaker 1: allows a sweeping disregard for asylum law passed in nineteen 8 00:00:33,720 --> 00:00:38,400 Speaker 1: forty four reads in one giant run on paragraph sentences follows. 9 00:00:38,640 --> 00:00:41,519 Speaker 2: Whenever the Surgeon General determines that, by reason of the 10 00:00:41,560 --> 00:00:44,879 Speaker 2: existence of any communicable disease in a foreign country, there 11 00:00:44,920 --> 00:00:47,840 Speaker 2: is serious danger of the introduction of such disease into 12 00:00:47,840 --> 00:00:50,760 Speaker 2: the United States, and that this danger is so increased 13 00:00:50,760 --> 00:00:53,519 Speaker 2: by the introduction of persons or property from such country 14 00:00:53,600 --> 00:00:56,000 Speaker 2: that a suspension of the right to introduce such persons 15 00:00:56,040 --> 00:00:58,920 Speaker 2: and property is required in the interest of the public health. 16 00:00:59,120 --> 00:01:02,320 Speaker 2: The Surgeon General, in accordance with regulations approved by the President, 17 00:01:02,480 --> 00:01:05,360 Speaker 2: shall have the power to prohibit and whole or in part, 18 00:01:05,560 --> 00:01:08,600 Speaker 2: the introduction of persons and property from such countries or 19 00:01:08,640 --> 00:01:11,600 Speaker 2: places as he shall designate, in order to avert such danger, 20 00:01:11,880 --> 00:01:13,720 Speaker 2: and for such period of time as he may deem 21 00:01:13,800 --> 00:01:14,559 Speaker 2: necessary for. 22 00:01:14,480 --> 00:01:18,480 Speaker 1: Such purpose before President Donald Trump's administration used it on 23 00:01:18,560 --> 00:01:21,800 Speaker 1: March twentieth, twenty twenty. It had been used only in 24 00:01:21,880 --> 00:01:24,240 Speaker 1: nineteen twenty nine to keep ships from China and the 25 00:01:24,280 --> 00:01:28,080 Speaker 1: Philippines from entering US ports during the meningitis outbreak. But 26 00:01:28,400 --> 00:01:30,800 Speaker 1: in March of twenty twenty, when you probably weren't paying 27 00:01:30,880 --> 00:01:33,720 Speaker 1: much attention because the world was falling apart, or when 28 00:01:33,760 --> 00:01:36,360 Speaker 1: I just returned from a work trip to Rwanda, where 29 00:01:36,400 --> 00:01:39,200 Speaker 1: I was months before any precautions appeared in the USA 30 00:01:39,480 --> 00:01:43,720 Speaker 1: screened for a novel coronavirus. The Trump administration cited this 31 00:01:43,800 --> 00:01:46,880 Speaker 1: public health law in instructions to the Department of Homeland 32 00:01:46,920 --> 00:01:51,960 Speaker 1: Security on restrictions for migrants entering the United States. That 33 00:01:52,120 --> 00:01:55,840 Speaker 1: very same day, Center for Disease Control Director Robert R. 34 00:01:55,880 --> 00:02:00,080 Speaker 1: Redfield relied on this regulation to issue order suspending the 35 00:02:00,120 --> 00:02:04,280 Speaker 1: introduction into the United States of certain individuals who had 36 00:02:04,320 --> 00:02:09,680 Speaker 1: been in quote unquote coronavirus impacted areas and quote who 37 00:02:09,760 --> 00:02:13,200 Speaker 1: would be introduced into a congregate setting at the port 38 00:02:13,200 --> 00:02:17,359 Speaker 1: of entry or a border station. This includes individuals coming 39 00:02:17,360 --> 00:02:20,280 Speaker 1: from Canada or Mexico who would normally be detained by 40 00:02:20,360 --> 00:02:24,160 Speaker 1: CBP after arriving at the border people including asylum seekers 41 00:02:24,200 --> 00:02:27,320 Speaker 1: and accompanied children, and people attending to enter the United 42 00:02:27,320 --> 00:02:31,600 Speaker 1: States between ports of entry, citing the new CDC order. 43 00:02:31,919 --> 00:02:36,239 Speaker 1: That same day, the border patrol began expelling individuals who 44 00:02:36,320 --> 00:02:38,960 Speaker 1: arrived at the US Mexico border without giving them the 45 00:02:38,960 --> 00:02:44,640 Speaker 1: opportunity to seek asylum. Reports indicate the CDC scientists expressed 46 00:02:44,639 --> 00:02:48,000 Speaker 1: opposition to the invocation of Title forty two, arguing that 47 00:02:48,000 --> 00:02:50,400 Speaker 1: there was really no public health rationale to support it. 48 00:02:51,040 --> 00:02:54,680 Speaker 1: Ever since then, public health experts outside the CDC have 49 00:02:54,760 --> 00:02:58,640 Speaker 1: continued to agree, arguing that while international borders largy remain 50 00:02:58,720 --> 00:03:01,120 Speaker 1: open to other travelers, there is no need to turn 51 00:03:01,160 --> 00:03:03,959 Speaker 1: away refugees and expel them to their home countries or 52 00:03:04,000 --> 00:03:08,640 Speaker 1: send them to Mexico. Despite this, DHS has been applying 53 00:03:08,680 --> 00:03:12,079 Speaker 1: Title forty two to migrants for three years since then, 54 00:03:12,720 --> 00:03:15,000 Speaker 1: and people have been turned away without getting a chance 55 00:03:15,040 --> 00:03:17,920 Speaker 1: to plead their case for asylum three million times. 56 00:03:19,160 --> 00:03:19,320 Speaker 3: Now. 57 00:03:19,360 --> 00:03:22,600 Speaker 1: Trump is no longer president, but Title forty two has persisted. 58 00:03:23,040 --> 00:03:26,200 Speaker 1: It's actually persisted for much longer under Biden's watch two 59 00:03:26,280 --> 00:03:29,480 Speaker 1: years and four months than it did under Trump ten months. 60 00:03:30,080 --> 00:03:33,200 Speaker 1: But we'll get to that part later. First, let's look 61 00:03:33,200 --> 00:03:36,000 Speaker 1: at what this bureaucratic wrinkle does when it's supplied for 62 00:03:36,080 --> 00:03:39,560 Speaker 1: three years across a land border spanning three one and 63 00:03:39,560 --> 00:03:43,520 Speaker 1: forty five kilometers. That's nine hundred and fifty four miles 64 00:03:43,520 --> 00:03:47,000 Speaker 1: for the Americans listening at a time when climate change, 65 00:03:47,360 --> 00:03:51,440 Speaker 1: economic decline, and state and nonstate violence are driving more 66 00:03:51,480 --> 00:03:54,480 Speaker 1: and more people towards the USA's southern border in the 67 00:03:54,480 --> 00:03:58,160 Speaker 1: hope of a better life. We're talking about the title 68 00:03:58,200 --> 00:04:01,160 Speaker 1: forty two this week because it ended on eleventh. In 69 00:04:01,200 --> 00:04:03,440 Speaker 1: a sense, this marks the important change in immigration law, 70 00:04:03,600 --> 00:04:06,800 Speaker 1: But in a sense it doesn't. Immigration was complicated and 71 00:04:06,840 --> 00:04:09,560 Speaker 1: cruel for migrants and profitable for people on both sides 72 00:04:09,600 --> 00:04:12,840 Speaker 1: of the border before March of twenty twenty, and it's 73 00:04:12,880 --> 00:04:16,240 Speaker 1: the same after Title forty two has gone. But nonetheless, 74 00:04:16,240 --> 00:04:19,000 Speaker 1: Title forty two represented a distinct change in how asylum 75 00:04:19,080 --> 00:04:22,240 Speaker 1: works in the US, and, especially when combined with other 76 00:04:22,320 --> 00:04:26,240 Speaker 1: Trump policies that Biden has continued, a distinct change in 77 00:04:26,279 --> 00:04:29,440 Speaker 1: how many people die when coming to this country to 78 00:04:29,480 --> 00:04:31,520 Speaker 1: try and have a better chance at a save future. 79 00:04:33,480 --> 00:04:36,760 Speaker 1: By April of twenty twenty, Title forty two expulsions at 80 00:04:36,800 --> 00:04:40,159 Speaker 1: the border overtook the previous record for expulsions under the 81 00:04:40,200 --> 00:04:43,560 Speaker 1: so called Migrant Protection Protocol, which is better known as 82 00:04:43,640 --> 00:04:46,360 Speaker 1: Remain in Mexico, that was set in August of twenty 83 00:04:46,480 --> 00:04:50,400 Speaker 1: nineteen under an agreement reached with the Mexican government. In 84 00:04:50,480 --> 00:04:53,920 Speaker 1: late March of twenty twenty, the border patrol began sending 85 00:04:54,240 --> 00:04:59,120 Speaker 1: quote unquote back to Mexico most Mexican, but also Guatemala 86 00:04:59,160 --> 00:05:04,239 Speaker 1: and honduranum Saldareian families and seeing adults encountered at the border. 87 00:05:05,279 --> 00:05:08,320 Speaker 1: This group of nationalities remained unchanged until May of twenty 88 00:05:08,400 --> 00:05:11,040 Speaker 1: twenty two, when the Biden administration came to an agreement 89 00:05:11,080 --> 00:05:14,960 Speaker 1: with Mexico to accept quote unquote thousands of Cubans and 90 00:05:15,000 --> 00:05:20,080 Speaker 1: Nicaraguans sent from the United States to Mexico. But this 91 00:05:20,160 --> 00:05:24,560 Speaker 1: doesn't really matter. You'll see that alone these episodes. Immigration 92 00:05:24,640 --> 00:05:27,280 Speaker 1: law on the ground and immigration law in Washington, DC 93 00:05:27,640 --> 00:05:32,200 Speaker 1: are two very different things. There has been extensive documentation 94 00:05:32,279 --> 00:05:35,320 Speaker 1: of individuals expelled to Mexico who do not fit within 95 00:05:35,400 --> 00:05:38,920 Speaker 1: these nationalities, including Haitian asylum seekers, some of whom I've 96 00:05:38,920 --> 00:05:44,000 Speaker 1: spoken to myself. People who are expelled are often driven 97 00:05:44,040 --> 00:05:46,479 Speaker 1: by bus to the nearest port of entry that's a 98 00:05:46,560 --> 00:05:50,640 Speaker 1: land border crossing and told to walk back to Mexico, 99 00:05:51,080 --> 00:05:54,039 Speaker 1: often without their luggage and other belongings. I've found that 100 00:05:54,120 --> 00:05:57,920 Speaker 1: luggage and belongings, including ID cards, clothing, and even little 101 00:05:57,920 --> 00:06:01,320 Speaker 1: stuffed animals, all along the border in the three years 102 00:06:01,320 --> 00:06:04,520 Speaker 1: since Title forty two has been in place. I asked 103 00:06:04,520 --> 00:06:06,799 Speaker 1: my friend Paul to describe what we found in Texas, 104 00:06:06,800 --> 00:06:08,760 Speaker 1: and we've been for a walk along the border wall 105 00:06:08,920 --> 00:06:11,640 Speaker 1: during our time reporting on the National Butterfly Center. 106 00:06:11,720 --> 00:06:16,080 Speaker 4: There you'd find driver's licenses. I believe at one point 107 00:06:16,160 --> 00:06:21,800 Speaker 4: we found like an almost an information packet for like 108 00:06:21,920 --> 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 00:06:28,680 --> 00:06:31,640 Speaker 4: we took that long walk, remember we walked down the 111 00:06:31,680 --> 00:06:34,680 Speaker 4: border wall, it's two and a half mile walk something 112 00:06:34,760 --> 00:06:37,040 Speaker 4: like that. When we got to the very end of 113 00:06:37,080 --> 00:06:44,080 Speaker 4: the wall where the river was, there was just a 114 00:06:44,160 --> 00:06:48,040 Speaker 4: giant pile of people's stuff. And some of it was 115 00:06:48,120 --> 00:06:53,600 Speaker 4: obviously trash, you know, they were abandoning clothes after they 116 00:06:53,720 --> 00:06:56,760 Speaker 4: changed from crossing and stuff like that, but a lot 117 00:06:56,800 --> 00:07:02,120 Speaker 4: of it was full backpacks, a lot of ID documents 118 00:07:02,200 --> 00:07:07,000 Speaker 4: just in piles, just piles of them. Yeah, yeah, just 119 00:07:07,040 --> 00:07:09,440 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 ladders, tons of them. 121 00:07:13,200 --> 00:07:16,920 Speaker 1: Apparently someone built a gazebo out of them. The wall 122 00:07:16,960 --> 00:07:19,680 Speaker 1: varies in design a bit along the border depending on 123 00:07:19,760 --> 00:07:22,000 Speaker 1: when and by whom it was built. But the trum 124 00:07:22,040 --> 00:07:24,480 Speaker 1: design has a flat anti climb plate at the top. 125 00:07:25,000 --> 00:07:27,000 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 00:07:30,760 --> 00:07:33,240 Speaker 4: bought two of the longest or actually sorry, three of 128 00:07:33,280 --> 00:07:36,200 Speaker 4: the longest two by four as you could put two 129 00:07:36,240 --> 00:07:39,640 Speaker 4: of them beside each other, and then just nailed steps 130 00:07:40,040 --> 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 00:07:46,760 --> 00:07:52,400 Speaker 4: the wall like there weren't There weren't many places actually 133 00:07:52,400 --> 00:07:55,080 Speaker 4: because most of the wall had that anti climb barrier 134 00:07:55,120 --> 00:07:58,280 Speaker 4: at the top, whereas when you didn't have the anti 135 00:07:58,280 --> 00:08:00,960 Speaker 4: climb barrier, you didn't actually they have something to set 136 00:08:01,000 --> 00:08:02,800 Speaker 4: it against. But once you put that on there, you 137 00:08:02,800 --> 00:08:04,680 Speaker 4: could just lean the ladder up against it. It's like 138 00:08:04,720 --> 00:08:05,480 Speaker 4: self defeating. 139 00:08:14,320 --> 00:08:16,880 Speaker 1: Sometimes these expulsions are not as straightforward as a bus 140 00:08:16,960 --> 00:08:20,080 Speaker 1: to nearest port of entry. CBP has carried out what 141 00:08:20,120 --> 00:08:23,920 Speaker 1: are called lateral transfers by plane or bus, taking migrants 142 00:08:24,200 --> 00:08:27,720 Speaker 1: to another location along the border, to towns like San 143 00:08:27,720 --> 00:08:30,560 Speaker 1: Diego or El Paso, even if they entered in Arizona 144 00:08:30,720 --> 00:08:34,720 Speaker 1: or California. This leaves families stranded in the town where 145 00:08:34,760 --> 00:08:39,120 Speaker 1: they have no connections, no resources, and no community. Again, 146 00:08:39,160 --> 00:08:42,600 Speaker 1: these are people I've met. It won't have escaped the listeners' 147 00:08:42,600 --> 00:08:45,880 Speaker 1: attention that those planes and buses and other means of 148 00:08:45,920 --> 00:08:50,080 Speaker 1: detention and transport are indeed congregate settings, But that doesn't 149 00:08:50,120 --> 00:08:53,839 Speaker 1: seem to matter here. Title forty two didn't stop people 150 00:08:53,840 --> 00:08:57,240 Speaker 1: trying to come, but it made the journey more difficult. 151 00:08:58,080 --> 00:09:00,400 Speaker 1: Instead of crossing and trying to turn them selves in 152 00:09:00,440 --> 00:09:03,959 Speaker 1: for asylum or approaching a port of entry, people began 153 00:09:04,000 --> 00:09:07,600 Speaker 1: crossing in more remote places, places without border walls or 154 00:09:07,640 --> 00:09:12,559 Speaker 1: barriers and with less frequent border patrols. In twenty twenty, 155 00:09:12,960 --> 00:09:15,560 Speaker 1: the Border Patrol found two hundred and forty seven dead 156 00:09:15,559 --> 00:09:19,080 Speaker 1: bodies along the border. This is unlikely to represent the 157 00:09:19,080 --> 00:09:22,200 Speaker 1: full human toll of border enforcement. Many deaths in the 158 00:09:22,240 --> 00:09:26,920 Speaker 1: desert go unreported and undiscovered, but it gives some kind 159 00:09:26,960 --> 00:09:29,640 Speaker 1: of point of comparison for the twenty twenty one number. 160 00:09:29,800 --> 00:09:33,319 Speaker 1: After a year of Title forty two, five hundred and 161 00:09:33,360 --> 00:09:36,640 Speaker 1: forty six people died that year. In twenty twenty two, 162 00:09:37,240 --> 00:09:40,280 Speaker 1: third year of Title forty two, eight one hundred and 163 00:09:40,280 --> 00:09:44,280 Speaker 1: fifty seven people died. None of those people were guilty 164 00:09:44,320 --> 00:09:46,640 Speaker 1: of any crime other than wanting a better life, but 165 00:09:46,760 --> 00:09:49,920 Speaker 1: under Title forty two, they lost their lives because the 166 00:09:50,080 --> 00:09:52,760 Speaker 1: US didn't give them a safe way to exercise a 167 00:09:52,880 --> 00:09:57,960 Speaker 1: human right to claim asylum. One local advocate, Hamaira Yusefi 168 00:09:58,280 --> 00:10:00,400 Speaker 1: from a group called Pana the to Ship for the 169 00:10:00,520 --> 00:10:03,559 Speaker 1: Bards with New Americans explain what Title forty two have 170 00:10:03,679 --> 00:10:06,600 Speaker 1: been like for her as an advocate for asylum seekers. 171 00:10:06,800 --> 00:10:12,640 Speaker 5: When the pandemic hit, we saw that Title forty two 172 00:10:13,120 --> 00:10:17,440 Speaker 5: heavily restricted those who were able to seek asylum in 173 00:10:17,480 --> 00:10:21,600 Speaker 5: this country. So while there was chaos happening and folks 174 00:10:21,760 --> 00:10:23,880 Speaker 5: around the world who were trying to come to the 175 00:10:23,960 --> 00:10:26,760 Speaker 5: United States for refuge, they were unable to do so. 176 00:10:27,120 --> 00:10:30,320 Speaker 5: And what this resulted in is people taking an even 177 00:10:30,360 --> 00:10:34,360 Speaker 5: more dangerous path right than before and going between the 178 00:10:34,640 --> 00:10:37,640 Speaker 5: ports of entries in order to try to seek refuge. 179 00:10:37,679 --> 00:10:40,800 Speaker 5: And so we have had hundreds of cases of individuals 180 00:10:40,840 --> 00:10:45,360 Speaker 5: who have gotten themselves injured who the hospitals are calling 181 00:10:45,440 --> 00:10:48,199 Speaker 5: us because they've tried to cross and got injured, and 182 00:10:48,360 --> 00:10:50,960 Speaker 5: where we're trying to help them with getting some basic 183 00:10:51,040 --> 00:10:54,920 Speaker 5: legal services and immediate shelter and those types of things. 184 00:10:55,679 --> 00:10:58,880 Speaker 1: Since Biden took off his human rights first says, it's 185 00:10:58,920 --> 00:11:04,320 Speaker 1: identified more than thirteen thousand incidents of kidnapping, torture, rape, 186 00:11:04,559 --> 00:11:07,720 Speaker 1: or other violent attacks on people blocked or expelled to 187 00:11:07,760 --> 00:11:11,000 Speaker 1: Mexico and a title forty two. That's because it's easy 188 00:11:11,040 --> 00:11:13,480 Speaker 1: for violence to follow people who have no resources and 189 00:11:13,520 --> 00:11:16,840 Speaker 1: no community to protect them. It's for that reason that 190 00:11:16,920 --> 00:11:19,800 Speaker 1: you won't always see faces in my photographs at the border, 191 00:11:20,640 --> 00:11:23,000 Speaker 1: and that some of the names in this series have changed, 192 00:11:23,120 --> 00:11:26,560 Speaker 1: or perhaps we're just using someone's first name. It's also 193 00:11:26,600 --> 00:11:29,000 Speaker 1: for that reason they're not everyone at the border always 194 00:11:29,040 --> 00:11:31,600 Speaker 1: wants to talk. But we do have some interviews coming 195 00:11:31,640 --> 00:11:34,520 Speaker 1: up for you tomorrow. Here's a clip from a discussion 196 00:11:34,520 --> 00:11:36,360 Speaker 1: about this which I recorded the border last week. 197 00:11:36,440 --> 00:11:38,760 Speaker 4: I'm trying to get people's faces, and that's what everybody 198 00:11:38,800 --> 00:11:39,080 Speaker 4: is doing. 199 00:11:40,640 --> 00:11:41,760 Speaker 2: I can't speak to what they're doing. 200 00:11:41,800 --> 00:11:42,600 Speaker 6: That's what I'm doing. 201 00:11:42,760 --> 00:11:43,880 Speaker 7: I don't know about other people. 202 00:11:44,120 --> 00:11:47,200 Speaker 1: You should ask. You should if you think someone's taking 203 00:11:47,240 --> 00:11:48,000 Speaker 1: a photo of you. 204 00:11:48,160 --> 00:11:48,560 Speaker 2: It's okay. 205 00:11:48,640 --> 00:11:53,000 Speaker 4: I don't have a why, you know. 206 00:11:53,000 --> 00:11:54,640 Speaker 8: I wish I could, Yeah, I could tell you. 207 00:11:54,800 --> 00:11:57,400 Speaker 1: People who are subject to Title forty to expulsion are 208 00:11:57,400 --> 00:11:59,719 Speaker 1: not given an opportunity to contest their expulsion on the 209 00:11:59,760 --> 00:12:02,400 Speaker 1: ground on silvered face persecution in the country to which 210 00:12:02,440 --> 00:12:05,480 Speaker 1: they will be expelled. There's a very limited exceptions Title 211 00:12:05,520 --> 00:12:09,120 Speaker 1: forty two for people who quote unquote spontaneously inform CBP 212 00:12:09,240 --> 00:12:12,120 Speaker 1: officers that they fear being tortured in the country to 213 00:12:12,120 --> 00:12:15,440 Speaker 1: which they will be expelled. However, in order to receive 214 00:12:15,440 --> 00:12:18,120 Speaker 1: an official screening by an asylum officer for exemption under 215 00:12:18,120 --> 00:12:21,360 Speaker 1: that provision, the CBP officer must first determine that the 216 00:12:21,400 --> 00:12:25,520 Speaker 1: claim is reasonably believable. From March twenty twenty through September 217 00:12:25,559 --> 00:12:28,280 Speaker 1: twenty twenty one, just two hundred and seventy two people 218 00:12:28,320 --> 00:12:30,880 Speaker 1: were granted the right to seek asylum under this exception. 219 00:12:31,640 --> 00:12:34,360 Speaker 1: The use of Title forty two has been despite the 220 00:12:34,400 --> 00:12:36,920 Speaker 1: relative lack of outrage sin sur bide. The administration took 221 00:12:36,920 --> 00:12:41,520 Speaker 1: office bipartisan in twenty twenty one. A few weeks before 222 00:12:41,520 --> 00:12:44,760 Speaker 1: Biden's inauguration, I spent some time talking to migrants at 223 00:12:44,760 --> 00:12:47,520 Speaker 1: the southern border for slate. Many of them had come 224 00:12:47,559 --> 00:12:50,000 Speaker 1: to a small, tense city that popped up just feet 225 00:12:50,040 --> 00:12:52,880 Speaker 1: from the pedestrian border crossing and the country that they 226 00:12:52,880 --> 00:12:55,199 Speaker 1: had traveled thousands of miles to get to, but that 227 00:12:55,280 --> 00:12:59,520 Speaker 1: they couldn't reach. You can see America through defense there, 228 00:13:00,120 --> 00:13:03,440 Speaker 1: but you can't get there. The camp was diverse in 229 00:13:03,440 --> 00:13:07,480 Speaker 1: its composition. On one trip, I interviewed folks from Haiti, Honduras, 230 00:13:07,480 --> 00:13:10,960 Speaker 1: Ol Salvador, Watemala, and Ethiopia. Here's what one of them 231 00:13:11,000 --> 00:13:13,200 Speaker 1: said to me when he asked his message to President Biden. 232 00:13:13,720 --> 00:13:16,800 Speaker 1: You recognize the voices Daniel's. That's because I don't have 233 00:13:16,840 --> 00:13:18,000 Speaker 1: his permission to use his voice. 234 00:13:18,040 --> 00:13:21,640 Speaker 2: Here we are appealing to President Biden. We aren't bad people. 235 00:13:21,920 --> 00:13:23,880 Speaker 2: Our goal is to work and get ahead in the 236 00:13:23,880 --> 00:13:26,320 Speaker 2: world for our children. We don't want to go back. 237 00:13:26,480 --> 00:13:28,520 Speaker 2: They will kill us, so we are here. 238 00:13:29,200 --> 00:13:31,840 Speaker 1: Some of them wore Biden T shirts, which I suspect 239 00:13:31,920 --> 00:13:34,559 Speaker 1: rctually a plant by right wing a Jean provocateur looking 240 00:13:34,640 --> 00:13:38,480 Speaker 1: to make the new administration look weak. They needn't really 241 00:13:38,520 --> 00:13:40,800 Speaker 1: have bothered with all the effort. Biden would do plenty 242 00:13:40,840 --> 00:13:42,840 Speaker 1: in the next few months to make himself look cruel 243 00:13:43,000 --> 00:13:45,640 Speaker 1: and unkind. Before we talk about that, I want to 244 00:13:45,640 --> 00:13:48,400 Speaker 1: play you a clip from Biden's first press confidence. President. 245 00:13:48,880 --> 00:13:52,400 Speaker 9: You just listed the reasons that people are coming talking 246 00:13:52,400 --> 00:13:55,080 Speaker 9: about in country problems, saying that it happens every year. 247 00:13:55,280 --> 00:13:58,080 Speaker 9: You blamed the last administration, Sir. I just got back 248 00:13:58,520 --> 00:14:01,280 Speaker 9: last night from a recording trip to the border where 249 00:14:01,360 --> 00:14:05,160 Speaker 9: I met nine year old Jose, who walked here from 250 00:14:05,200 --> 00:14:08,760 Speaker 9: Honduras by himself, along with another little boy. He had 251 00:14:08,760 --> 00:14:11,680 Speaker 9: that snout on him and we were able to call 252 00:14:11,760 --> 00:14:15,560 Speaker 9: his family. His mother says that she sent her son 253 00:14:15,600 --> 00:14:19,120 Speaker 9: to this country because she believes that you are not 254 00:14:19,280 --> 00:14:23,200 Speaker 9: deporting unaccompanied miners like her son. That's why she's sent 255 00:14:23,280 --> 00:14:27,359 Speaker 9: him alone from Honduras. So, Sir, you blamed the last administration. 256 00:14:27,520 --> 00:14:30,520 Speaker 9: But is your messaging and saying that these children are 257 00:14:30,880 --> 00:14:32,960 Speaker 9: and will be allowed to stay in this country and 258 00:14:33,000 --> 00:14:37,480 Speaker 9: work their way through this process, encouraging families like Jose's 259 00:14:37,760 --> 00:14:38,200 Speaker 9: to come. 260 00:14:39,280 --> 00:14:39,960 Speaker 8: Well, look. 261 00:14:45,320 --> 00:14:49,080 Speaker 10: The idea that I'm going to say, which I would 262 00:14:49,080 --> 00:14:52,680 Speaker 10: never do. If an unaccompanied child ends up at the border, 263 00:14:52,680 --> 00:14:54,480 Speaker 10: We're just gonna let him starve to death and stay 264 00:14:54,520 --> 00:15:01,080 Speaker 10: on the other side. No previous administrations dead either except Trump. 265 00:15:01,880 --> 00:15:04,360 Speaker 10: I'm not going to do it. I'm not going to 266 00:15:04,440 --> 00:15:08,200 Speaker 10: do it. That's why I've asked the Vice President of 267 00:15:08,200 --> 00:15:12,720 Speaker 10: the United States yesterday to be the lead person I'm 268 00:15:12,720 --> 00:15:19,120 Speaker 10: dealing with focusing on the fundamental reasons why people leave Honduras, Guatemala, 269 00:15:19,240 --> 00:15:20,800 Speaker 10: or Salvadora in the first. 270 00:15:20,520 --> 00:15:23,520 Speaker 1: Place in the coming months, some of which I covered 271 00:15:23,520 --> 00:15:27,160 Speaker 1: for an op ed in NBC about the Biden Administration's 272 00:15:27,160 --> 00:15:30,080 Speaker 1: cruel treatment of Haitian migrants. Things on the border didn't 273 00:15:30,080 --> 00:15:33,760 Speaker 1: get any better. Biden deported more Haitian people in a 274 00:15:33,760 --> 00:15:36,400 Speaker 1: few weeks than the Trump administration did in a year, 275 00:15:37,120 --> 00:15:39,640 Speaker 1: eight hundred and ninety five people reporting in twenty twenty 276 00:15:40,120 --> 00:15:43,560 Speaker 1: versus more than one two hundred people from January twentieth 277 00:15:43,760 --> 00:15:48,040 Speaker 1: to March twenty second, twenty twenty one. While making declarations 278 00:15:48,040 --> 00:15:52,120 Speaker 1: about showing compassion to migrants, the Biden administration packed Haitians 279 00:15:52,120 --> 00:15:55,160 Speaker 1: onto crowded planes and buses and sent them back to 280 00:15:55,200 --> 00:15:58,920 Speaker 1: Haiti in the middle of a pandemic. In March, the 281 00:15:59,080 --> 00:16:04,040 Speaker 1: US sent another pointed disinvitation to Haitians. The US Embassy 282 00:16:04,120 --> 00:16:07,160 Speaker 1: in Haiti tweeted a picture President Joe Biden looking off 283 00:16:07,160 --> 00:16:09,200 Speaker 1: into the distance with a caption in both English and 284 00:16:09,240 --> 00:16:16,000 Speaker 1: Haitian creole. In Creole, it read wing cardi sa bienkie pavini. 285 00:16:16,760 --> 00:16:18,320 Speaker 1: The translation above it was. 286 00:16:18,800 --> 00:16:21,480 Speaker 2: I can say quite clearly, don't come over. 287 00:16:23,160 --> 00:16:27,280 Speaker 1: In July of that year, Homeland Security Secretary Alejandro Majorcas, 288 00:16:27,600 --> 00:16:30,600 Speaker 1: himself a child of parents who fled from Cuba, said 289 00:16:30,640 --> 00:16:33,840 Speaker 1: that Haitians and Cubans fleeing unrest in their countries will 290 00:16:33,880 --> 00:16:36,320 Speaker 1: not find safety in the US, even if they have 291 00:16:36,360 --> 00:16:39,320 Speaker 1: a credible claim for asylum, and especially if they flee 292 00:16:39,360 --> 00:16:42,800 Speaker 1: by sea. In doing so, he was echoing statements to 293 00:16:42,840 --> 00:16:46,760 Speaker 1: the US broadcast from planes flying over Haiti following the 294 00:16:46,800 --> 00:16:50,840 Speaker 1: devastating earthquake in twenty ten. Following these announcements, the US 295 00:16:50,960 --> 00:16:53,800 Speaker 1: diverted resources that it could have used to help people 296 00:16:53,800 --> 00:16:56,080 Speaker 1: from suffering in a country which had been destroyed by 297 00:16:56,080 --> 00:16:59,920 Speaker 1: a natural disaster to stop them coming to this country. 298 00:17:01,160 --> 00:17:05,159 Speaker 1: He was also overlooking that under both international and domestic law, 299 00:17:05,200 --> 00:17:08,200 Speaker 1: asylum seekers are entitled to make claims no matter how 300 00:17:08,240 --> 00:17:11,280 Speaker 1: they enter the country. Here's what Mayoka said at his 301 00:17:11,320 --> 00:17:12,040 Speaker 1: press conference. 302 00:17:12,520 --> 00:17:15,400 Speaker 2: Allow me to be clear, if you take to the sea, 303 00:17:15,760 --> 00:17:17,919 Speaker 2: you will not come to the United States. 304 00:17:18,359 --> 00:17:21,359 Speaker 1: Part of this hardline is because of a perceived crisis 305 00:17:21,400 --> 00:17:23,800 Speaker 1: at the border. You don't have to go far on 306 00:17:23,840 --> 00:17:25,960 Speaker 1: Twitter dot com before you run into people like Fox 307 00:17:26,000 --> 00:17:29,240 Speaker 1: Newses Bill Malugan. Yep, the tampon in the coffee guy 308 00:17:29,280 --> 00:17:33,000 Speaker 1: is now a border reporter and he's shamelessly repeating CBP 309 00:17:33,119 --> 00:17:36,480 Speaker 1: statistics about apprehensions on the southern border. Here he is 310 00:17:36,760 --> 00:17:39,200 Speaker 1: talking to his buddy Tucker Carlson. Do you remember that guy? 311 00:17:39,800 --> 00:17:42,720 Speaker 11: Bill Malujin has covered the border more closely than any 312 00:17:42,760 --> 00:17:44,679 Speaker 11: reporter in the United States for the last two years, 313 00:17:44,720 --> 00:17:49,000 Speaker 11: and today, in his estimation, the single largest caravan of 314 00:17:49,080 --> 00:17:52,360 Speaker 11: illegal aliens flowing into this country in his two years 315 00:17:52,400 --> 00:17:55,160 Speaker 11: of watching crossed. Today he broke the story. He's got 316 00:17:55,200 --> 00:17:58,359 Speaker 11: remarkable video for us. He's live at the border now. Bill, 317 00:17:58,440 --> 00:17:59,040 Speaker 11: great to see you. 318 00:17:59,080 --> 00:17:59,520 Speaker 3: What did you. 319 00:17:59,480 --> 00:18:02,040 Speaker 12: See, Tucker cad Evings you you mentioned it right off 320 00:18:02,080 --> 00:18:04,480 Speaker 12: the top. This was easily the biggest group we have 321 00:18:04,680 --> 00:18:08,000 Speaker 12: ever seen during our nineteen months of covering this border crisis. 322 00:18:08,200 --> 00:18:11,040 Speaker 12: And they all crossed illegally into El Paso last night, 323 00:18:11,359 --> 00:18:13,399 Speaker 12: and we got some pretty wild camera footage to show you. 324 00:18:13,480 --> 00:18:14,080 Speaker 12: Take a look at this. 325 00:18:14,080 --> 00:18:15,560 Speaker 4: This was last night in Ol Paso. 326 00:18:15,720 --> 00:18:21,160 Speaker 12: A massive caravan over one thousand illegal immigrants crossing into 327 00:18:21,200 --> 00:18:23,560 Speaker 12: El Paso last night. Local media they're reporting it was 328 00:18:23,600 --> 00:18:26,119 Speaker 12: potentially up to two thousand people and that it was 329 00:18:26,160 --> 00:18:29,919 Speaker 12: possibly the biggest mass crossing in the city's history. Now, 330 00:18:29,960 --> 00:18:31,760 Speaker 12: as you look at the video, you'll see just wave 331 00:18:31,880 --> 00:18:35,320 Speaker 12: after wave after wave of these people walking across the 332 00:18:35,400 --> 00:18:37,320 Speaker 12: river and then gathering on the US side of the 333 00:18:37,400 --> 00:18:40,080 Speaker 12: river where they kind of form a single file line. 334 00:18:40,160 --> 00:18:43,160 Speaker 1: But it's not just Fox News doing this. You'll see 335 00:18:43,200 --> 00:18:47,240 Speaker 1: MPR and other more liberal outlets quoting these same statistics 336 00:18:47,359 --> 00:18:52,639 Speaker 1: without the necessary context. They're not lying. Apprehensions are higher, 337 00:18:53,160 --> 00:18:56,120 Speaker 1: but that is in some part because migrants are now 338 00:18:56,160 --> 00:18:59,840 Speaker 1: crossing more than once. In twenty nineteen, before Title forty 339 00:18:59,880 --> 00:19:02,880 Speaker 1: two went into effect, just seven percent of migrants apprehended 340 00:19:02,880 --> 00:19:07,080 Speaker 1: by the Border Patrol had previously been apprehended. The reapprehension 341 00:19:07,119 --> 00:19:10,040 Speaker 1: rate grew to twenty seven percent in fiscal year twenty 342 00:19:10,080 --> 00:19:13,119 Speaker 1: twenty two. This is because we're expelling people to places 343 00:19:13,119 --> 00:19:15,199 Speaker 1: where they have no hope of a better future and 344 00:19:15,280 --> 00:19:17,880 Speaker 1: not leaving them with many options other than to try 345 00:19:17,920 --> 00:19:23,280 Speaker 1: again in more remote and risky settings. Meanwhile, there's much 346 00:19:23,400 --> 00:19:26,920 Speaker 1: less concern from the right and from Democrats at the 347 00:19:26,960 --> 00:19:29,960 Speaker 1: fact that Ukrainians are exempted from Title forty two and 348 00:19:30,440 --> 00:19:34,360 Speaker 1: Russians and Ukrainians generally experience expedited processing of the sort 349 00:19:34,359 --> 00:19:36,280 Speaker 1: which one would hope this country could offer to other 350 00:19:36,280 --> 00:19:40,160 Speaker 1: people escaping conflicts around the world, including many that we started. 351 00:19:41,040 --> 00:19:44,439 Speaker 1: I asked my friend Gustavo Solis, a border investigative reporter 352 00:19:44,520 --> 00:19:48,159 Speaker 1: at KPBS in San Diego, to summarize the Biden administration 353 00:19:48,200 --> 00:19:49,680 Speaker 1: to take on Title forty two. 354 00:19:49,840 --> 00:19:52,399 Speaker 8: Now, on paper of the rationalists, there's a pandemic going on. 355 00:19:52,480 --> 00:19:55,160 Speaker 8: We need to stop or slow the spread of COVID nineteen. 356 00:19:55,720 --> 00:19:59,280 Speaker 8: So because of this extraordinary circumstance, we need Title forty 357 00:19:59,320 --> 00:20:04,439 Speaker 8: two to shore up the border. That was bullshit, and 358 00:20:04,520 --> 00:20:08,000 Speaker 8: we know that now through reporting that it was total bullshit. 359 00:20:08,040 --> 00:20:12,200 Speaker 8: We know that from as early as twenty eighteen, Stephen Miller, 360 00:20:12,280 --> 00:20:17,040 Speaker 8: Trump's White House aid wanted to use Title forty two 361 00:20:16,840 --> 00:20:21,240 Speaker 8: to stop this type of migration. We know that Vice 362 00:20:21,280 --> 00:20:24,480 Speaker 8: President Mike Pence pressured the top doctors at the CDC 363 00:20:25,280 --> 00:20:28,040 Speaker 8: into doing this, basically saying, if you don't do this, 364 00:20:28,080 --> 00:20:30,840 Speaker 8: you might lose your job. Because even then, in March 365 00:20:30,880 --> 00:20:33,879 Speaker 8: twenty twenty doctors at the CDC knew that there was 366 00:20:33,920 --> 00:20:36,439 Speaker 8: no real public health rationale for this. I mean, if 367 00:20:36,440 --> 00:20:38,679 Speaker 8: you look at the order, it's supposed to stop COVID, 368 00:20:38,720 --> 00:20:42,440 Speaker 8: but there weren't any exceptions for migrants who were vaccinated 369 00:20:42,600 --> 00:20:46,760 Speaker 8: or there was no testing component to it. So that's 370 00:20:46,840 --> 00:20:49,639 Speaker 8: kind of the beginning of Title forty two. By the 371 00:20:49,640 --> 00:20:52,399 Speaker 8: time Biden came in office, Biden had promised to end 372 00:20:52,440 --> 00:20:56,479 Speaker 8: it along with Roman in Mexico and restore the humane 373 00:20:56,520 --> 00:21:00,439 Speaker 8: asylum system, but he kept Title forty two place, and 374 00:21:00,440 --> 00:21:02,960 Speaker 8: he didn't just keep it in place, he expanded it 375 00:21:03,000 --> 00:21:06,680 Speaker 8: to include nationalities that weren't included when Trump first rolled 376 00:21:06,720 --> 00:21:07,040 Speaker 8: it out. 377 00:21:07,520 --> 00:21:09,960 Speaker 1: Even as a legal battle went back and forth, another 378 00:21:10,040 --> 00:21:13,280 Speaker 1: major bottom neck emerged in a migration system in the 379 00:21:13,359 --> 00:21:16,960 Speaker 1: form of never ending clusterfuck. That is the CBP one app. 380 00:21:17,119 --> 00:21:19,840 Speaker 1: Again a Le Gustavo explain his reporting here. 381 00:21:20,400 --> 00:21:23,439 Speaker 8: It actually kind of started with the Ukrainians. That was 382 00:21:23,880 --> 00:21:27,440 Speaker 8: kind of how they started using it for the asylum context. 383 00:21:27,440 --> 00:21:34,160 Speaker 8: But CBP one is essentially a phone app for asylum, 384 00:21:34,520 --> 00:21:37,960 Speaker 8: and on paper it kind of makes sense, right instead of, like, 385 00:21:38,920 --> 00:21:41,760 Speaker 8: you know, Joe Biden and the Dems are really terrified 386 00:21:41,760 --> 00:21:44,240 Speaker 8: of the optics of a lot of people at the border, 387 00:21:45,440 --> 00:21:48,879 Speaker 8: and they a lot of their policy is revolved around 388 00:21:48,920 --> 00:21:51,719 Speaker 8: stopping that right. They don't want masses of people at 389 00:21:51,760 --> 00:21:55,920 Speaker 8: the border. The CBP one app aims to address that 390 00:21:55,960 --> 00:21:58,360 Speaker 8: by telling micros, hey, instead of coming all the way 391 00:21:58,359 --> 00:22:00,760 Speaker 8: to Mexico and showing up to the border, just download 392 00:22:00,760 --> 00:22:05,000 Speaker 8: this app and schedule an appointment to come here, and 393 00:22:05,040 --> 00:22:07,919 Speaker 8: we'll let you to see if you're eligible for asylum 394 00:22:08,040 --> 00:22:14,240 Speaker 8: or not. Another example of a policy in Washington, DC 395 00:22:14,400 --> 00:22:18,080 Speaker 8: that has no reality in what's going on the border 396 00:22:18,160 --> 00:22:24,440 Speaker 8: because migrants live in shelters with really bad Wi Fi access, 397 00:22:24,480 --> 00:22:30,000 Speaker 8: and they have crappy phones. So what I found in 398 00:22:30,040 --> 00:22:33,240 Speaker 8: the reporting is that CBP one rewards people with the 399 00:22:33,240 --> 00:22:37,360 Speaker 8: best phones, not necessarily people who are most vulnerable. And 400 00:22:37,400 --> 00:22:39,560 Speaker 8: the story I came out with last week was about 401 00:22:39,560 --> 00:22:42,440 Speaker 8: how data from the Mexican government shows that at least 402 00:22:42,440 --> 00:22:46,399 Speaker 8: in Tijuana, about forty four percent of every migrant who 403 00:22:46,440 --> 00:22:49,280 Speaker 8: has gotten a CBP one application to enter the country 404 00:22:49,800 --> 00:22:54,120 Speaker 8: is a Russian national, and Russian nationals makeup at most 405 00:22:54,560 --> 00:22:58,080 Speaker 8: ten percent of the overall migrant population in Tijuana. So 406 00:22:58,119 --> 00:23:03,639 Speaker 8: you have this situation where a relatively affluent ten percent 407 00:23:03,680 --> 00:23:07,760 Speaker 8: of the population is getting almost half of these humanitarian 408 00:23:07,800 --> 00:23:11,320 Speaker 8: protection appointments that are designed for the world's most vulnerable people. 409 00:23:12,800 --> 00:23:15,680 Speaker 8: And that's what If you one does like it, they 410 00:23:15,720 --> 00:23:18,880 Speaker 8: call it the ticketmaster of asylum. And that's not a compliment. 411 00:23:18,960 --> 00:23:22,360 Speaker 8: That is like ticketmaster fucking sucks. Nobody likes it. 412 00:23:22,800 --> 00:23:25,639 Speaker 1: I also spoke to Caba, an activist who participated a 413 00:23:25,720 --> 00:23:28,280 Speaker 1: mutual aid at the border. We talked about the app 414 00:23:28,480 --> 00:23:31,560 Speaker 1: because Caba has some professional insight into the technologies used. 415 00:23:32,160 --> 00:23:35,280 Speaker 3: I do data science and machine running the native things 416 00:23:35,320 --> 00:23:40,600 Speaker 3: for a living, and the problem of building these systems 417 00:23:40,680 --> 00:23:45,040 Speaker 3: trained entirely on databases of white faces and then the 418 00:23:45,200 --> 00:23:52,760 Speaker 3: motain working for people, you know, the backgrounds is very 419 00:23:52,800 --> 00:23:55,920 Speaker 3: well known in this field. That is a very well 420 00:23:55,960 --> 00:24:00,560 Speaker 3: documented issue for more than a decade. And anyone who 421 00:24:00,560 --> 00:24:02,760 Speaker 3: could tell you about building a facial recognition or some 422 00:24:02,840 --> 00:24:03,200 Speaker 3: kind of a. 423 00:24:03,160 --> 00:24:07,320 Speaker 6: Camera app that does image processing and and I'm only 424 00:24:07,400 --> 00:24:08,120 Speaker 6: training it on. 425 00:24:08,040 --> 00:24:10,280 Speaker 3: My faces, it was like that this is a This 426 00:24:10,400 --> 00:24:14,120 Speaker 3: is not something that I think any competent software development 427 00:24:14,160 --> 00:24:16,160 Speaker 3: house who would have done and not expected. 428 00:24:18,359 --> 00:24:21,639 Speaker 6: So I have a hard time believing that the whole 429 00:24:21,760 --> 00:24:23,639 Speaker 6: chain of everyone that's had to go through from the 430 00:24:23,680 --> 00:24:28,159 Speaker 6: developers on up to you know, anyone who does it 431 00:24:28,960 --> 00:24:32,320 Speaker 6: or you know has authority of these things at CBP 432 00:24:32,680 --> 00:24:36,840 Speaker 6: or Homland Security. This is just it's it's it's like, 433 00:24:37,440 --> 00:24:40,679 Speaker 6: I don't know, it's it's, it's it's it's hard to 434 00:24:40,680 --> 00:24:42,400 Speaker 6: believe that this was an ass. 435 00:24:43,680 --> 00:24:46,199 Speaker 1: Anyway, before we get too far from discussing things to 436 00:24:46,320 --> 00:24:58,560 Speaker 1: fucking suck is an advertising break, you might be wondering 437 00:24:58,600 --> 00:25:01,040 Speaker 1: why Title forty two is ending now and how we 438 00:25:01,119 --> 00:25:03,160 Speaker 1: got here, given that there seems to be a consensus 439 00:25:03,200 --> 00:25:05,280 Speaker 1: in DC that the border is in crisis, and that 440 00:25:05,280 --> 00:25:07,400 Speaker 1: that crisis is not that people were leaving to die 441 00:25:07,440 --> 00:25:09,000 Speaker 1: on the streets on the other side or in the 442 00:25:09,040 --> 00:25:12,680 Speaker 1: deserts of California and Arizona, but the people were allowing 443 00:25:12,720 --> 00:25:15,880 Speaker 1: to come to the richest country's ever existed, from countries 444 00:25:15,920 --> 00:25:18,639 Speaker 1: that we've destabilized for decades to have a chance of 445 00:25:18,680 --> 00:25:22,600 Speaker 1: a decent life. Well, the answer is complicated. Some of 446 00:25:22,640 --> 00:25:24,840 Speaker 1: it's a bit too complicated for me to really spend 447 00:25:24,880 --> 00:25:27,359 Speaker 1: the time explaining, and you don't really need to know 448 00:25:27,440 --> 00:25:30,360 Speaker 1: the ins and outs of court cases to understand that essentially, 449 00:25:30,960 --> 00:25:34,080 Speaker 1: the Biden administration had planned to end Title forty two 450 00:25:34,720 --> 00:25:38,240 Speaker 1: in late twenty twenty two, right after the midterms. Title 451 00:25:38,240 --> 00:25:41,280 Speaker 1: forty two actually became theoretically unenforceable in November of that 452 00:25:41,400 --> 00:25:44,080 Speaker 1: year thanks to a court ruling, but the Supreme Court 453 00:25:44,119 --> 00:25:47,080 Speaker 1: in December prevented the Biden administration amending Title forty two, 454 00:25:47,640 --> 00:25:49,600 Speaker 1: while the Justice is considered a request by a group 455 00:25:49,640 --> 00:25:52,840 Speaker 1: of Republican led states that want to continue the expulsions, 456 00:25:53,160 --> 00:25:57,120 Speaker 1: which had previously been decarred unlawful by lower court. Biden's 457 00:25:57,119 --> 00:26:00,840 Speaker 1: Department of Justice had previously defended Title forty is necessary 458 00:26:00,880 --> 00:26:03,760 Speaker 1: to public health, but by the end of twenty twenty two, 459 00:26:04,160 --> 00:26:06,960 Speaker 1: they were ready to end enforcement a Title forty two politically, 460 00:26:07,160 --> 00:26:09,399 Speaker 1: even if they were nowhere near prepared on the ground. 461 00:26:10,600 --> 00:26:13,280 Speaker 1: A coalition of Republican led states, however, managed to get 462 00:26:13,280 --> 00:26:15,680 Speaker 1: a federal judge in Louisiana to prevent officials from ending 463 00:26:15,720 --> 00:26:18,800 Speaker 1: Title forty two, saying the Biden administration did not taken 464 00:26:18,840 --> 00:26:23,320 Speaker 1: adequate steps required to terminate the policy. Then, on November fifteenth, 465 00:26:23,359 --> 00:26:26,120 Speaker 1: another federal judge declared Title forty two are lawful, saying 466 00:26:26,119 --> 00:26:28,960 Speaker 1: the CDC had not properly explained the policy's public health 467 00:26:29,040 --> 00:26:32,280 Speaker 1: rational or considered its impact on asylum seekers at the 468 00:26:32,320 --> 00:26:35,480 Speaker 1: request of the Biden administration. The judge gave border officials 469 00:26:35,520 --> 00:26:38,760 Speaker 1: five weeks until December the twenty first to end Title 470 00:26:38,800 --> 00:26:42,760 Speaker 1: forty two nineteen. Republican led States asked several courts to 471 00:26:42,800 --> 00:26:46,960 Speaker 1: delay Title forty two's resision indefinitely, warning that chaos would 472 00:26:46,960 --> 00:26:50,719 Speaker 1: otherwise ensue. After their request was denied by lower courts, 473 00:26:50,880 --> 00:26:53,840 Speaker 1: the States asked a Supreme Court to intervene. On December 474 00:26:53,880 --> 00:26:56,520 Speaker 1: twenty seventh, the Supreme Court said it would suspend the 475 00:26:56,560 --> 00:26:58,720 Speaker 1: lower court order that found Title forty two to be 476 00:26:58,760 --> 00:27:01,960 Speaker 1: illegal until it dic I did whether the Republican led 477 00:27:02,000 --> 00:27:04,520 Speaker 1: States should be allowed to intervene in the case. That's 478 00:27:04,520 --> 00:27:07,919 Speaker 1: some Christmas spirit for you. Eventually, with the end of 479 00:27:07,920 --> 00:27:11,159 Speaker 1: the federal emergency over COVID nineteen, Title forty two just 480 00:27:11,320 --> 00:27:14,760 Speaker 1: kind of went away. Customs and Border Protection, the federal 481 00:27:14,800 --> 00:27:17,879 Speaker 1: agency which put up the most staunch resistance to vaccine mandates, 482 00:27:18,240 --> 00:27:21,400 Speaker 1: would begin processing migrants under Title eight of US immigration 483 00:27:21,480 --> 00:27:24,560 Speaker 1: law on the eleventh of May twenty twenty three. I'll 484 00:27:24,640 --> 00:27:28,399 Speaker 1: let them summarize what they see this to mean. According 485 00:27:28,440 --> 00:27:33,119 Speaker 1: to the USCIS website, individuals who unlawfully cross the Southwest 486 00:27:33,119 --> 00:27:37,480 Speaker 1: border will generally be processed under Title eight Expedited Removal 487 00:27:37,680 --> 00:27:41,320 Speaker 1: authorities in a matter of days. They will be barred 488 00:27:41,320 --> 00:27:43,440 Speaker 1: from re entry to the United States for at least 489 00:27:43,480 --> 00:27:46,800 Speaker 1: five years if ordered removed, and they will be presumed 490 00:27:46,880 --> 00:27:51,359 Speaker 1: ineligible for asylum under the proposed Circumvention of Lawful Pathways 491 00:27:51,400 --> 00:27:56,080 Speaker 1: regulation absent and applicable exception. What this means is, if 492 00:27:56,119 --> 00:27:59,400 Speaker 1: you cross into the United States not a the pordam entry, 493 00:28:00,040 --> 00:28:03,520 Speaker 1: you will be assumed ineligible for asylum and the process 494 00:28:03,520 --> 00:28:06,040 Speaker 1: to remove you from the United States will begin immediately. 495 00:28:06,840 --> 00:28:08,960 Speaker 1: You have a chance to file a defensive asylum claim 496 00:28:09,000 --> 00:28:13,080 Speaker 1: against that, but the process can be rushed and more difficult. 497 00:28:13,880 --> 00:28:17,880 Speaker 1: Despite this and having almost three years to repair they 498 00:28:17,880 --> 00:28:22,119 Speaker 1: were by no means. Ready, let's hear from Gustavo again. Gustavo, 499 00:28:22,119 --> 00:28:25,760 Speaker 1: can you explain to us a little bit about what 500 00:28:25,800 --> 00:28:28,879 Speaker 1: you found that by the administration has been planning for 501 00:28:28,920 --> 00:28:30,320 Speaker 1: the end of Title forty two. 502 00:28:31,480 --> 00:28:34,360 Speaker 8: Yeah, what I found is they haven't really been doing 503 00:28:34,440 --> 00:28:38,040 Speaker 8: much planning, right, I mean they talk about I think 504 00:28:38,040 --> 00:28:42,080 Speaker 8: with Title forty two, it's a clear example of immigration 505 00:28:42,160 --> 00:28:46,800 Speaker 8: policy being decided in Washington and no one really from 506 00:28:46,840 --> 00:28:49,760 Speaker 8: the border being involved. Or told what's going on. So, 507 00:28:50,960 --> 00:28:55,040 Speaker 8: like I think it was last week the HS Secretary 508 00:28:55,560 --> 00:28:58,600 Speaker 8: Majorca did this press release about what they're doing in 509 00:28:58,680 --> 00:29:03,920 Speaker 8: terms of processing centers in Guatemala and Columbia so people 510 00:29:03,960 --> 00:29:06,000 Speaker 8: can just go there instead of coming all the way 511 00:29:06,000 --> 00:29:09,280 Speaker 8: to the border, which actually there have been timelines of 512 00:29:09,360 --> 00:29:11,960 Speaker 8: when those will open. But they had asked all these 513 00:29:12,000 --> 00:29:15,200 Speaker 8: things for like big picture things, right, to stop people 514 00:29:15,200 --> 00:29:18,200 Speaker 8: from coming in the first place, Expanding some legal pathways, 515 00:29:18,240 --> 00:29:20,760 Speaker 8: like making it easier for people with families already here 516 00:29:21,240 --> 00:29:25,280 Speaker 8: to get sponsors, fixing some of the little things for 517 00:29:25,360 --> 00:29:29,040 Speaker 8: CVP one, but they don't talk about like on the 518 00:29:29,080 --> 00:29:33,840 Speaker 8: ground logistics right. So for example, I went to Tijuana 519 00:29:33,880 --> 00:29:36,320 Speaker 8: to talk to the head of the Department of Migrant 520 00:29:36,320 --> 00:29:39,520 Speaker 8: Affairs there who told me this, and I checked with 521 00:29:39,600 --> 00:29:44,000 Speaker 8: him yesterday morning, who said, still to this day, less 522 00:29:44,000 --> 00:29:46,400 Speaker 8: than forty eight hours before Title forty two ends, he 523 00:29:46,440 --> 00:29:49,400 Speaker 8: doesn't know how many migrants CBP will allow to cross 524 00:29:49,720 --> 00:29:54,480 Speaker 8: through the ports of entry in Sandy Erro. His guess 525 00:29:54,640 --> 00:29:56,760 Speaker 8: is that maybe two hundred, because that's kind of the 526 00:29:56,800 --> 00:30:00,440 Speaker 8: number that they floated around in December when they originally 527 00:30:00,480 --> 00:30:02,800 Speaker 8: wanted to get rid of Title forty two before their lawsuit, 528 00:30:03,600 --> 00:30:06,560 Speaker 8: and if it's two hundred, he basically said, Tijuana's gonna 529 00:30:06,600 --> 00:30:09,960 Speaker 8: be screwed because two hundred doesn't even cover the number 530 00:30:10,000 --> 00:30:13,680 Speaker 8: of new migrants coming in and deporties being sent to Tijuana. 531 00:30:13,720 --> 00:30:16,920 Speaker 8: So it's gonna like, we have this bottleneck of migration 532 00:30:17,080 --> 00:30:19,920 Speaker 8: in Tijuana and all over the border because of Title 533 00:30:19,960 --> 00:30:21,880 Speaker 8: forty two. For the last three years, no one's been 534 00:30:21,880 --> 00:30:25,600 Speaker 8: able to move. And if they just open it up 535 00:30:25,640 --> 00:30:27,720 Speaker 8: to two hundred people, that's not really going to address 536 00:30:27,720 --> 00:30:28,640 Speaker 8: any of the bottleneck. 537 00:30:29,680 --> 00:30:33,000 Speaker 1: Right There's like, I think, is it sixteen thousand people 538 00:30:33,400 --> 00:30:36,479 Speaker 1: are waiting like an asylum application right now? 539 00:30:36,560 --> 00:30:40,400 Speaker 8: Yeah? Yeah, I hear different numbers throwing around, like teny, fifteen, sixteen, 540 00:30:40,800 --> 00:30:42,920 Speaker 8: and nobody really knows because there's like a network of 541 00:30:42,920 --> 00:30:46,000 Speaker 8: official shelters, and there's a bunch of unofficial shelters, and 542 00:30:46,040 --> 00:30:48,960 Speaker 8: there's a bunch of Russian dudes staying in hotels in airbnbs. 543 00:30:49,200 --> 00:30:52,960 Speaker 8: But I think, yeah, tens of thousands. I think sixteen 544 00:30:53,000 --> 00:30:54,600 Speaker 8: is an accurate number. 545 00:30:55,120 --> 00:30:56,920 Speaker 1: I think it's introdructive here to listen to the Fox 546 00:30:56,960 --> 00:30:59,920 Speaker 1: News coverage of this and how much Secretary my Orcus 547 00:31:00,080 --> 00:31:01,200 Speaker 1: tries to pandit to them. 548 00:31:01,600 --> 00:31:05,320 Speaker 8: I want to be very clear, our borders are not open. 549 00:31:05,440 --> 00:31:09,000 Speaker 7: Homeland Security Secretary Alejandro Majorcis says, when Title forty two 550 00:31:09,040 --> 00:31:12,160 Speaker 7: expires at midnight tonight, anyone who arrives at the southern 551 00:31:12,160 --> 00:31:16,200 Speaker 7: border will be presumed ineligible for asylum and face consequences. 552 00:31:16,480 --> 00:31:20,400 Speaker 7: But withholding facilities already overwhelmed, the administration is ratcheting up 553 00:31:20,440 --> 00:31:23,920 Speaker 7: tough rhetoric while also clearing the way for mass releases 554 00:31:23,960 --> 00:31:27,480 Speaker 7: into US communities with no way for authorities to track people. 555 00:31:27,720 --> 00:31:30,040 Speaker 7: You said at the beginning that you've prepared for this 556 00:31:30,200 --> 00:31:33,440 Speaker 7: moment for almost two years. So why is part of 557 00:31:33,480 --> 00:31:35,680 Speaker 7: that plan and honor system? 558 00:31:36,040 --> 00:31:38,400 Speaker 8: Oh, it is not an honor system. They are a 559 00:31:38,440 --> 00:31:40,880 Speaker 8: subject of our apprehension efforts. 560 00:31:40,960 --> 00:31:43,920 Speaker 7: But under parole release authorized by the US Border Patrol 561 00:31:44,000 --> 00:31:47,600 Speaker 7: Chief last night, migrants do not receive an alien registration 562 00:31:47,720 --> 00:31:50,120 Speaker 7: number for authorities to track them. They don't even get 563 00:31:50,160 --> 00:31:53,040 Speaker 7: a court date. Instead, migrants are asked to turn themselves 564 00:31:53,080 --> 00:31:57,320 Speaker 7: into Ice within sixty days to start immigration proceedings on themselves. 565 00:31:57,400 --> 00:31:58,680 Speaker 11: The American people are watching this. 566 00:31:58,800 --> 00:31:59,920 Speaker 6: They know what they see. 567 00:32:00,080 --> 00:32:01,479 Speaker 11: They see a wide open border. 568 00:32:01,520 --> 00:32:05,000 Speaker 7: Florida's Attorney General is suing the administration, arguing the parole 569 00:32:05,040 --> 00:32:08,000 Speaker 7: plan is identical to a policy a federal judge struck 570 00:32:08,080 --> 00:32:09,320 Speaker 7: down earlier this year. 571 00:32:09,440 --> 00:32:11,680 Speaker 11: You have confidence in the lawfulness of our actions. 572 00:32:11,760 --> 00:32:14,560 Speaker 7: Plans to release migrants at bus stops, gas stations, and 573 00:32:14,640 --> 00:32:17,960 Speaker 7: supermarkets was first detailed last year, according to a memo 574 00:32:18,080 --> 00:32:21,760 Speaker 7: uncovered by the Florida Legal Proceedings. Today, Texas Governor Greg 575 00:32:21,800 --> 00:32:25,160 Speaker 7: Abbott sent a busload of migrants to the Vice President's residents. 576 00:32:25,680 --> 00:32:29,120 Speaker 1: Greg Abbott's disgusting antics acide. There was a real attempt 577 00:32:29,160 --> 00:32:31,760 Speaker 1: by the Biden deministration to come to Republican side on 578 00:32:31,840 --> 00:32:35,320 Speaker 1: migration that we can see clearly here. In the hours 579 00:32:35,360 --> 00:32:38,920 Speaker 1: before we expected Title forty two to die. Folks like 580 00:32:39,040 --> 00:32:42,880 Speaker 1: me who cover the border made plans the day before. 581 00:32:43,240 --> 00:32:46,240 Speaker 1: On the tenth, Majorcas announced the Title forty two would 582 00:32:46,240 --> 00:32:49,800 Speaker 1: be enforced up until eleven fifty nine pm Eastern time, 583 00:32:50,800 --> 00:32:54,240 Speaker 1: and in San Diego, border patrol offices closed down the 584 00:32:54,280 --> 00:32:57,360 Speaker 1: port of entry at Sandy Sedra, the border town just 585 00:32:57,440 --> 00:33:00,560 Speaker 1: south of San Diego, for a training exercise in which 586 00:33:00,560 --> 00:33:02,520 Speaker 1: they lined up in front of the cars waiting to 587 00:33:02,520 --> 00:33:08,760 Speaker 1: cross the border with plexiglass shields and ryotgear. Meanwhile, in 588 00:33:08,800 --> 00:33:12,280 Speaker 1: between the two thirty foot board offenses that divided Sanisidra 589 00:33:12,360 --> 00:33:19,920 Speaker 1: from Tijuana, Board of Patrol began corraling migrants. Afghans, Colombians, Vietnamese, Koreans, 590 00:33:19,960 --> 00:33:24,480 Speaker 1: and Golan Sudanese, Tagis and Congolese people all shared little 591 00:33:24,520 --> 00:33:27,000 Speaker 1: more than a few tarps and cardboard boxes for shelter 592 00:33:27,640 --> 00:33:31,080 Speaker 1: as they waited for something to happen. Despite having months 593 00:33:31,080 --> 00:33:34,280 Speaker 1: to repair in years to plan, it appears at Department 594 00:33:34,280 --> 00:33:36,880 Speaker 1: of Homeland Security totally failed to create so much as 595 00:33:36,920 --> 00:33:40,240 Speaker 1: a scrap of shade or shelter, and instead chose to 596 00:33:40,280 --> 00:33:44,360 Speaker 1: house people detain pending processing in the open air. In 597 00:33:44,400 --> 00:33:51,440 Speaker 1: tomorrow's episode, we'll hear from some of them. It Could 598 00:33:51,480 --> 00:33:53,680 Speaker 1: Happen here as a production of cool Zone Media. 599 00:33:53,760 --> 00:33:56,440 Speaker 7: For more podcasts from cool Zone Media, visit our website 600 00:33:56,480 --> 00:33:58,640 Speaker 7: cool zonemedia dot com, or check us out on the 601 00:33:58,720 --> 00:34:02,200 Speaker 7: iHeartRadio app, Apple Pot Podcasts, or wherever you listen to podcasts. 602 00:34:02,720 --> 00:34:04,840 Speaker 7: You can find sources for It Could Happen Here, updated 603 00:34:04,920 --> 00:34:08,960 Speaker 7: monthly at coolzonemedia dot com slash sources. Thanks for listening