Speaker 1: You probably don't remember the passage of Title forty two,
Speaker 1: let alone that of Title forty two tap to six
Speaker 1: a sub Chapter two, Part G Section two sixty four,
Speaker 1: But it's a part of US federal law that gives
Speaker 1: the government of the authority to take emergency action to
Speaker 1: keep communical diseases out of the country. The portion, which
Speaker 1: allows a sweeping disregard for asylum law passed in nineteen
Speaker 1: forty four reads in one giant run on paragraph sentences follows.
Speaker 2: Whenever the Surgeon General determines that, by reason of the
Speaker 2: existence of any communicable disease in a foreign country, there
Speaker 2: is serious danger of the introduction of such disease into
Speaker 2: the United States, and that this danger is so increased
Speaker 2: by the introduction of persons or property from such country
Speaker 2: that a suspension of the right to introduce such persons
Speaker 2: and property is required in the interest of the public health.
Speaker 2: The Surgeon General, in accordance with regulations approved by the President,
Speaker 2: shall have the power to prohibit and whole or in part,
Speaker 2: the introduction of persons and property from such countries or
Speaker 2: places as he shall designate, in order to avert such danger,
Speaker 2: and for such period of time as he may deem
Speaker 2: necessary for.
Speaker 1: Such purpose before President Donald Trump's administration used it on
Speaker 1: March twentieth, twenty twenty. It had been used only in
Speaker 1: nineteen twenty nine to keep ships from China and the
Speaker 1: Philippines from entering US ports during the meningitis outbreak. But
Speaker 1: in March of twenty twenty, when you probably weren't paying
Speaker 1: much attention because the world was falling apart, or when
Speaker 1: I just returned from a work trip to Rwanda, where
Speaker 1: I was months before any precautions appeared in the USA
Speaker 1: screened for a novel coronavirus. The Trump administration cited this
Speaker 1: public health law in instructions to the Department of Homeland
Speaker 1: Security on restrictions for migrants entering the United States. That
Speaker 1: very same day, Center for Disease Control Director Robert R.
Speaker 1: Redfield relied on this regulation to issue order suspending the
Speaker 1: introduction into the United States of certain individuals who had
Speaker 1: been in quote unquote coronavirus impacted areas and quote who
Speaker 1: would be introduced into a congregate setting at the port
Speaker 1: of entry or a border station. This includes individuals coming
Speaker 1: from Canada or Mexico who would normally be detained by
Speaker 1: CBP after arriving at the border people including asylum seekers
Speaker 1: and accompanied children, and people attending to enter the United
Speaker 1: States between ports of entry, citing the new CDC order.
Speaker 1: That same day, the border patrol began expelling individuals who
Speaker 1: arrived at the US Mexico border without giving them the
Speaker 1: opportunity to seek asylum. Reports indicate the CDC scientists expressed
Speaker 1: opposition to the invocation of Title forty two, arguing that
Speaker 1: there was really no public health rationale to support it.
Speaker 1: Ever since then, public health experts outside the CDC have
Speaker 1: continued to agree, arguing that while international borders largy remain
Speaker 1: open to other travelers, there is no need to turn
Speaker 1: away refugees and expel them to their home countries or
Speaker 1: send them to Mexico. Despite this, DHS has been applying
Speaker 1: Title forty two to migrants for three years since then,
Speaker 1: and people have been turned away without getting a chance
Speaker 1: to plead their case for asylum three million times.
Speaker 3: Now.
Speaker 1: Trump is no longer president, but Title forty two has persisted.
Speaker 1: It's actually persisted for much longer under Biden's watch two
Speaker 1: years and four months than it did under Trump ten months.
Speaker 1: But we'll get to that part later. First, let's look
Speaker 1: at what this bureaucratic wrinkle does when it's supplied for
Speaker 1: three years across a land border spanning three one and
Speaker 1: forty five kilometers. That's nine hundred and fifty four miles
Speaker 1: for the Americans listening at a time when climate change,
Speaker 1: economic decline, and state and nonstate violence are driving more
Speaker 1: and more people towards the USA's southern border in the
Speaker 1: hope of a better life. We're talking about the title
Speaker 1: forty two this week because it ended on eleventh. In
Speaker 1: a sense, this marks the important change in immigration law,
Speaker 1: But in a sense it doesn't. Immigration was complicated and
Speaker 1: cruel for migrants and profitable for people on both sides
Speaker 1: of the border before March of twenty twenty, and it's
Speaker 1: the same after Title forty two has gone. But nonetheless,
Speaker 1: Title forty two represented a distinct change in how asylum
Speaker 1: works in the US, and, especially when combined with other
Speaker 1: Trump policies that Biden has continued, a distinct change in
Speaker 1: how many people die when coming to this country to
Speaker 1: try and have a better chance at a save future.
Speaker 1: By April of twenty twenty, Title forty two expulsions at
Speaker 1: the border overtook the previous record for expulsions under the
Speaker 1: so called Migrant Protection Protocol, which is better known as
Speaker 1: Remain in Mexico, that was set in August of twenty
Speaker 1: nineteen under an agreement reached with the Mexican government. In
Speaker 1: late March of twenty twenty, the border patrol began sending
Speaker 1: quote unquote back to Mexico most Mexican, but also Guatemala
Speaker 1: and honduranum Saldareian families and seeing adults encountered at the border.
Speaker 1: This group of nationalities remained unchanged until May of twenty
Speaker 1: twenty two, when the Biden administration came to an agreement
Speaker 1: with Mexico to accept quote unquote thousands of Cubans and
Speaker 1: Nicaraguans sent from the United States to Mexico. But this
Speaker 1: doesn't really matter. You'll see that alone these episodes. Immigration
Speaker 1: law on the ground and immigration law in Washington, DC
Speaker 1: are two very different things. There has been extensive documentation
Speaker 1: of individuals expelled to Mexico who do not fit within
Speaker 1: these nationalities, including Haitian asylum seekers, some of whom I've
Speaker 1: spoken to myself. People who are expelled are often driven
Speaker 1: by bus to the nearest port of entry that's a
Speaker 1: land border crossing and told to walk back to Mexico,
Speaker 1: often without their luggage and other belongings. I've found that
Speaker 1: luggage and belongings, including ID cards, clothing, and even little
Speaker 1: stuffed animals, all along the border in the three years
Speaker 1: since Title forty two has been in place. I asked
Speaker 1: my friend Paul to describe what we found in Texas,
Speaker 1: and we've been for a walk along the border wall
Speaker 1: during our time reporting on the National Butterfly Center.
Speaker 4: There you'd find driver's licenses. I believe at one point
Speaker 4: we found like an almost an information packet for like
Speaker 4: it was for a teenager, a teenage girl. I remember
Speaker 4: that because we got pictures of it. And then when
Speaker 4: we took that long walk, remember we walked down the
Speaker 4: border wall, it's two and a half mile walk something
Speaker 4: like that. When we got to the very end of
Speaker 4: the wall where the river was, there was just a
Speaker 4: giant pile of people's stuff. And some of it was
Speaker 4: obviously trash, you know, they were abandoning clothes after they
Speaker 4: changed from crossing and stuff like that, but a lot
Speaker 4: of it was full backpacks, a lot of ID documents
Speaker 4: just in piles, just piles of them. Yeah, yeah, just
Speaker 4: big piles of documents that proved who you were.
Speaker 1: The other thing we found with ladders, tons of them.
Speaker 1: Apparently someone built a gazebo out of them. The wall
Speaker 1: varies in design a bit along the border depending on
Speaker 1: when and by whom it was built. But the trum
Speaker 1: design has a flat anti climb plate at the top.
Speaker 1: I'll let Paul describe how that's going.
Speaker 4: It was literally like somebody went to the hardware store
Speaker 4: bought two of the longest or actually sorry, three of
Speaker 4: the longest two by four as you could put two
Speaker 4: of them beside each other, and then just nailed steps
Speaker 4: up them, so you know, they were like sixteen twenty
Speaker 4: feet long, and which was enough to just climb over
Speaker 4: the wall like there weren't There weren't many places actually
Speaker 4: because most of the wall had that anti climb barrier
Speaker 4: at the top, whereas when you didn't have the anti
Speaker 4: climb barrier, you didn't actually they have something to set
Speaker 4: it against. But once you put that on there, you
Speaker 4: could just lean the ladder up against it. It's like
Speaker 4: self defeating.
Speaker 1: Sometimes these expulsions are not as straightforward as a bus
Speaker 1: to nearest port of entry. CBP has carried out what
Speaker 1: are called lateral transfers by plane or bus, taking migrants
Speaker 1: to another location along the border, to towns like San
Speaker 1: Diego or El Paso, even if they entered in Arizona
Speaker 1: or California. This leaves families stranded in the town where
Speaker 1: they have no connections, no resources, and no community. Again,
Speaker 1: these are people I've met. It won't have escaped the listeners'
Speaker 1: attention that those planes and buses and other means of
Speaker 1: detention and transport are indeed congregate settings, But that doesn't
Speaker 1: seem to matter here. Title forty two didn't stop people
Speaker 1: trying to come, but it made the journey more difficult.
Speaker 1: Instead of crossing and trying to turn them selves in
Speaker 1: for asylum or approaching a port of entry, people began
Speaker 1: crossing in more remote places, places without border walls or
Speaker 1: barriers and with less frequent border patrols. In twenty twenty,
Speaker 1: the Border Patrol found two hundred and forty seven dead
Speaker 1: bodies along the border. This is unlikely to represent the
Speaker 1: full human toll of border enforcement. Many deaths in the
Speaker 1: desert go unreported and undiscovered, but it gives some kind
Speaker 1: of point of comparison for the twenty twenty one number.
Speaker 1: After a year of Title forty two, five hundred and
Speaker 1: forty six people died that year. In twenty twenty two,
Speaker 1: third year of Title forty two, eight one hundred and
Speaker 1: fifty seven people died. None of those people were guilty
Speaker 1: of any crime other than wanting a better life, but
Speaker 1: under Title forty two, they lost their lives because the
Speaker 1: US didn't give them a safe way to exercise a
Speaker 1: human right to claim asylum. One local advocate, Hamaira Yusefi
Speaker 1: from a group called Pana the to Ship for the
Speaker 1: Bards with New Americans explain what Title forty two have
Speaker 1: been like for her as an advocate for asylum seekers.
Speaker 5: When the pandemic hit, we saw that Title forty two
Speaker 5: heavily restricted those who were able to seek asylum in
Speaker 5: this country. So while there was chaos happening and folks
Speaker 5: around the world who were trying to come to the
Speaker 5: United States for refuge, they were unable to do so.
Speaker 5: And what this resulted in is people taking an even
Speaker 5: more dangerous path right than before and going between the
Speaker 5: ports of entries in order to try to seek refuge.
Speaker 5: And so we have had hundreds of cases of individuals
Speaker 5: who have gotten themselves injured who the hospitals are calling
Speaker 5: us because they've tried to cross and got injured, and
Speaker 5: where we're trying to help them with getting some basic
Speaker 5: legal services and immediate shelter and those types of things.
Speaker 1: Since Biden took off his human rights first says, it's
Speaker 1: identified more than thirteen thousand incidents of kidnapping, torture, rape,
Speaker 1: or other violent attacks on people blocked or expelled to
Speaker 1: Mexico and a title forty two. That's because it's easy
Speaker 1: for violence to follow people who have no resources and
Speaker 1: no community to protect them. It's for that reason that
Speaker 1: you won't always see faces in my photographs at the border,
Speaker 1: and that some of the names in this series have changed,
Speaker 1: or perhaps we're just using someone's first name. It's also
Speaker 1: for that reason they're not everyone at the border always
Speaker 1: wants to talk. But we do have some interviews coming
Speaker 1: up for you tomorrow. Here's a clip from a discussion
Speaker 1: about this which I recorded the border last week.
Speaker 4: I'm trying to get people's faces, and that's what everybody
Speaker 4: is doing.
Speaker 2: I can't speak to what they're doing.
Speaker 6: That's what I'm doing.
Speaker 7: I don't know about other people.
Speaker 1: You should ask. You should if you think someone's taking
Speaker 1: a photo of you.
Speaker 2: It's okay.
Speaker 4: I don't have a why, you know.
Speaker 8: I wish I could, Yeah, I could tell you.
Speaker 1: People who are subject to Title forty to expulsion are
Speaker 1: not given an opportunity to contest their expulsion on the
Speaker 1: ground on silvered face persecution in the country to which
Speaker 1: they will be expelled. There's a very limited exceptions Title
Speaker 1: forty two for people who quote unquote spontaneously inform CBP
Speaker 1: officers that they fear being tortured in the country to
Speaker 1: which they will be expelled. However, in order to receive
Speaker 1: an official screening by an asylum officer for exemption under
Speaker 1: that provision, the CBP officer must first determine that the
Speaker 1: claim is reasonably believable. From March twenty twenty through September
Speaker 1: twenty twenty one, just two hundred and seventy two people
Speaker 1: were granted the right to seek asylum under this exception.
Speaker 1: The use of Title forty two has been despite the
Speaker 1: relative lack of outrage sin sur bide. The administration took
Speaker 1: office bipartisan in twenty twenty one. A few weeks before
Speaker 1: Biden's inauguration, I spent some time talking to migrants at
Speaker 1: the southern border for slate. Many of them had come
Speaker 1: to a small, tense city that popped up just feet
Speaker 1: from the pedestrian border crossing and the country that they
Speaker 1: had traveled thousands of miles to get to, but that
Speaker 1: they couldn't reach. You can see America through defense there,
Speaker 1: but you can't get there. The camp was diverse in
Speaker 1: its composition. On one trip, I interviewed folks from Haiti, Honduras,
Speaker 1: Ol Salvador, Watemala, and Ethiopia. Here's what one of them
Speaker 1: said to me when he asked his message to President Biden.
Speaker 1: You recognize the voices Daniel's. That's because I don't have
Speaker 1: his permission to use his voice.
Speaker 2: Here we are appealing to President Biden. We aren't bad people.
Speaker 2: Our goal is to work and get ahead in the
Speaker 2: world for our children. We don't want to go back.
Speaker 2: They will kill us, so we are here.
Speaker 1: Some of them wore Biden T shirts, which I suspect
Speaker 1: rctually a plant by right wing a Jean provocateur looking
Speaker 1: to make the new administration look weak. They needn't really
Speaker 1: have bothered with all the effort. Biden would do plenty
Speaker 1: in the next few months to make himself look cruel
Speaker 1: and unkind. Before we talk about that, I want to
Speaker 1: play you a clip from Biden's first press confidence. President.
Speaker 9: You just listed the reasons that people are coming talking
Speaker 9: about in country problems, saying that it happens every year.
Speaker 9: You blamed the last administration, Sir. I just got back
Speaker 9: last night from a recording trip to the border where
Speaker 9: I met nine year old Jose, who walked here from
Speaker 9: Honduras by himself, along with another little boy. He had
Speaker 9: that snout on him and we were able to call
Speaker 9: his family. His mother says that she sent her son
Speaker 9: to this country because she believes that you are not
Speaker 9: deporting unaccompanied miners like her son. That's why she's sent
Speaker 9: him alone from Honduras. So, Sir, you blamed the last administration.
Speaker 9: But is your messaging and saying that these children are
Speaker 9: and will be allowed to stay in this country and
Speaker 9: work their way through this process, encouraging families like Jose's
Speaker 9: to come.
Speaker 8: Well, look.
Speaker 10: The idea that I'm going to say, which I would
Speaker 10: never do. If an unaccompanied child ends up at the border,
Speaker 10: We're just gonna let him starve to death and stay
Speaker 10: on the other side. No previous administrations dead either except Trump.
Speaker 10: I'm not going to do it. I'm not going to
Speaker 10: do it. That's why I've asked the Vice President of
Speaker 10: the United States yesterday to be the lead person I'm
Speaker 10: dealing with focusing on the fundamental reasons why people leave Honduras, Guatemala,
Speaker 10: or Salvadora in the first.
Speaker 1: Place in the coming months, some of which I covered
Speaker 1: for an op ed in NBC about the Biden Administration's
Speaker 1: cruel treatment of Haitian migrants. Things on the border didn't
Speaker 1: get any better. Biden deported more Haitian people in a
Speaker 1: few weeks than the Trump administration did in a year,
Speaker 1: eight hundred and ninety five people reporting in twenty twenty
Speaker 1: versus more than one two hundred people from January twentieth
Speaker 1: to March twenty second, twenty twenty one. While making declarations
Speaker 1: about showing compassion to migrants, the Biden administration packed Haitians
Speaker 1: onto crowded planes and buses and sent them back to
Speaker 1: Haiti in the middle of a pandemic. In March, the
Speaker 1: US sent another pointed disinvitation to Haitians. The US Embassy
Speaker 1: in Haiti tweeted a picture President Joe Biden looking off
Speaker 1: into the distance with a caption in both English and
Speaker 1: Haitian creole. In Creole, it read wing cardi sa bienkie pavini.
Speaker 1: The translation above it was.
Speaker 2: I can say quite clearly, don't come over.
Speaker 1: In July of that year, Homeland Security Secretary Alejandro Majorcas,
Speaker 1: himself a child of parents who fled from Cuba, said
Speaker 1: that Haitians and Cubans fleeing unrest in their countries will
Speaker 1: not find safety in the US, even if they have
Speaker 1: a credible claim for asylum, and especially if they flee
Speaker 1: by sea. In doing so, he was echoing statements to
Speaker 1: the US broadcast from planes flying over Haiti following the
Speaker 1: devastating earthquake in twenty ten. Following these announcements, the US
Speaker 1: diverted resources that it could have used to help people
Speaker 1: from suffering in a country which had been destroyed by
Speaker 1: a natural disaster to stop them coming to this country.
Speaker 1: He was also overlooking that under both international and domestic law,
Speaker 1: asylum seekers are entitled to make claims no matter how
Speaker 1: they enter the country. Here's what Mayoka said at his
Speaker 1: press conference.
Speaker 2: Allow me to be clear, if you take to the sea,
Speaker 2: you will not come to the United States.
Speaker 1: Part of this hardline is because of a perceived crisis
Speaker 1: at the border. You don't have to go far on
Speaker 1: Twitter dot com before you run into people like Fox
Speaker 1: Newses Bill Malugan. Yep, the tampon in the coffee guy
Speaker 1: is now a border reporter and he's shamelessly repeating CBP
Speaker 1: statistics about apprehensions on the southern border. Here he is
Speaker 1: talking to his buddy Tucker Carlson. Do you remember that guy?
Speaker 11: Bill Malujin has covered the border more closely than any
Speaker 11: reporter in the United States for the last two years,
Speaker 11: and today, in his estimation, the single largest caravan of
Speaker 11: illegal aliens flowing into this country in his two years
Speaker 11: of watching crossed. Today he broke the story. He's got
Speaker 11: remarkable video for us. He's live at the border now. Bill,
Speaker 11: great to see you.
Speaker 3: What did you.
Speaker 12: See, Tucker cad Evings you you mentioned it right off
Speaker 12: the top. This was easily the biggest group we have
Speaker 12: ever seen during our nineteen months of covering this border crisis.
Speaker 12: And they all crossed illegally into El Paso last night,
Speaker 12: and we got some pretty wild camera footage to show you.
Speaker 12: Take a look at this.
Speaker 4: This was last night in Ol Paso.
Speaker 12: A massive caravan over one thousand illegal immigrants crossing into
Speaker 12: El Paso last night. Local media they're reporting it was
Speaker 12: potentially up to two thousand people and that it was
Speaker 12: possibly the biggest mass crossing in the city's history. Now,
Speaker 12: as you look at the video, you'll see just wave
Speaker 12: after wave after wave of these people walking across the
Speaker 12: river and then gathering on the US side of the
Speaker 12: river where they kind of form a single file line.
Speaker 1: But it's not just Fox News doing this. You'll see
Speaker 1: MPR and other more liberal outlets quoting these same statistics
Speaker 1: without the necessary context. They're not lying. Apprehensions are higher,
Speaker 1: but that is in some part because migrants are now
Speaker 1: crossing more than once. In twenty nineteen, before Title forty
Speaker 1: two went into effect, just seven percent of migrants apprehended
Speaker 1: by the Border Patrol had previously been apprehended. The reapprehension
Speaker 1: rate grew to twenty seven percent in fiscal year twenty
Speaker 1: twenty two. This is because we're expelling people to places
Speaker 1: where they have no hope of a better future and
Speaker 1: not leaving them with many options other than to try
Speaker 1: again in more remote and risky settings. Meanwhile, there's much
Speaker 1: less concern from the right and from Democrats at the
Speaker 1: fact that Ukrainians are exempted from Title forty two and
Speaker 1: Russians and Ukrainians generally experience expedited processing of the sort
Speaker 1: which one would hope this country could offer to other
Speaker 1: people escaping conflicts around the world, including many that we started.
Speaker 1: I asked my friend Gustavo Solis, a border investigative reporter
Speaker 1: at KPBS in San Diego, to summarize the Biden administration
Speaker 1: to take on Title forty two.
Speaker 8: Now, on paper of the rationalists, there's a pandemic going on.
Speaker 8: We need to stop or slow the spread of COVID nineteen.
Speaker 8: So because of this extraordinary circumstance, we need Title forty
Speaker 8: two to shore up the border. That was bullshit, and
Speaker 8: we know that now through reporting that it was total bullshit.
Speaker 8: We know that from as early as twenty eighteen, Stephen Miller,
Speaker 8: Trump's White House aid wanted to use Title forty two
Speaker 8: to stop this type of migration. We know that Vice
Speaker 8: President Mike Pence pressured the top doctors at the CDC
Speaker 8: into doing this, basically saying, if you don't do this,
Speaker 8: you might lose your job. Because even then, in March
Speaker 8: twenty twenty doctors at the CDC knew that there was
Speaker 8: no real public health rationale for this. I mean, if
Speaker 8: you look at the order, it's supposed to stop COVID,
Speaker 8: but there weren't any exceptions for migrants who were vaccinated
Speaker 8: or there was no testing component to it. So that's
Speaker 8: kind of the beginning of Title forty two. By the
Speaker 8: time Biden came in office, Biden had promised to end
Speaker 8: it along with Roman in Mexico and restore the humane
Speaker 8: asylum system, but he kept Title forty two place, and
Speaker 8: he didn't just keep it in place, he expanded it
Speaker 8: to include nationalities that weren't included when Trump first rolled
Speaker 8: it out.
Speaker 1: Even as a legal battle went back and forth, another
Speaker 1: major bottom neck emerged in a migration system in the
Speaker 1: form of never ending clusterfuck. That is the CBP one app.
Speaker 1: Again a Le Gustavo explain his reporting here.
Speaker 8: It actually kind of started with the Ukrainians. That was
Speaker 8: kind of how they started using it for the asylum context.
Speaker 8: But CBP one is essentially a phone app for asylum,
Speaker 8: and on paper it kind of makes sense, right instead of, like,
Speaker 8: you know, Joe Biden and the Dems are really terrified
Speaker 8: of the optics of a lot of people at the border,
Speaker 8: and they a lot of their policy is revolved around
Speaker 8: stopping that right. They don't want masses of people at
Speaker 8: the border. The CBP one app aims to address that
Speaker 8: by telling micros, hey, instead of coming all the way
Speaker 8: to Mexico and showing up to the border, just download
Speaker 8: this app and schedule an appointment to come here, and
Speaker 8: we'll let you to see if you're eligible for asylum
Speaker 8: or not. Another example of a policy in Washington, DC
Speaker 8: that has no reality in what's going on the border
Speaker 8: because migrants live in shelters with really bad Wi Fi access,
Speaker 8: and they have crappy phones. So what I found in
Speaker 8: the reporting is that CBP one rewards people with the
Speaker 8: best phones, not necessarily people who are most vulnerable. And
Speaker 8: the story I came out with last week was about
Speaker 8: how data from the Mexican government shows that at least
Speaker 8: in Tijuana, about forty four percent of every migrant who
Speaker 8: has gotten a CBP one application to enter the country
Speaker 8: is a Russian national, and Russian nationals makeup at most
Speaker 8: ten percent of the overall migrant population in Tijuana. So
Speaker 8: you have this situation where a relatively affluent ten percent
Speaker 8: of the population is getting almost half of these humanitarian
Speaker 8: protection appointments that are designed for the world's most vulnerable people.
Speaker 8: And that's what If you one does like it, they
Speaker 8: call it the ticketmaster of asylum. And that's not a compliment.
Speaker 8: That is like ticketmaster fucking sucks. Nobody likes it.
Speaker 1: I also spoke to Caba, an activist who participated a
Speaker 1: mutual aid at the border. We talked about the app
Speaker 1: because Caba has some professional insight into the technologies used.
Speaker 3: I do data science and machine running the native things
Speaker 3: for a living, and the problem of building these systems
Speaker 3: trained entirely on databases of white faces and then the
Speaker 3: motain working for people, you know, the backgrounds is very
Speaker 3: well known in this field. That is a very well
Speaker 3: documented issue for more than a decade. And anyone who
Speaker 3: could tell you about building a facial recognition or some
Speaker 3: kind of a.
Speaker 6: Camera app that does image processing and and I'm only
Speaker 6: training it on.
Speaker 3: My faces, it was like that this is a This
Speaker 3: is not something that I think any competent software development
Speaker 3: house who would have done and not expected.
Speaker 6: So I have a hard time believing that the whole
Speaker 6: chain of everyone that's had to go through from the
Speaker 6: developers on up to you know, anyone who does it
Speaker 6: or you know has authority of these things at CBP
Speaker 6: or Homland Security. This is just it's it's it's like,
Speaker 6: I don't know, it's it's, it's it's it's hard to
Speaker 6: believe that this was an ass.
Speaker 1: Anyway, before we get too far from discussing things to
Speaker 1: fucking suck is an advertising break, you might be wondering
Speaker 1: why Title forty two is ending now and how we
Speaker 1: got here, given that there seems to be a consensus
Speaker 1: in DC that the border is in crisis, and that
Speaker 1: that crisis is not that people were leaving to die
Speaker 1: on the streets on the other side or in the
Speaker 1: deserts of California and Arizona, but the people were allowing
Speaker 1: to come to the richest country's ever existed, from countries
Speaker 1: that we've destabilized for decades to have a chance of
Speaker 1: a decent life. Well, the answer is complicated. Some of
Speaker 1: it's a bit too complicated for me to really spend
Speaker 1: the time explaining, and you don't really need to know
Speaker 1: the ins and outs of court cases to understand that essentially,
Speaker 1: the Biden administration had planned to end Title forty two
Speaker 1: in late twenty twenty two, right after the midterms. Title
Speaker 1: forty two actually became theoretically unenforceable in November of that
Speaker 1: year thanks to a court ruling, but the Supreme Court
Speaker 1: in December prevented the Biden administration amending Title forty two,
Speaker 1: while the Justice is considered a request by a group
Speaker 1: of Republican led states that want to continue the expulsions,
Speaker 1: which had previously been decarred unlawful by lower court. Biden's
Speaker 1: Department of Justice had previously defended Title forty is necessary
Speaker 1: to public health, but by the end of twenty twenty two,
Speaker 1: they were ready to end enforcement a Title forty two politically,
Speaker 1: even if they were nowhere near prepared on the ground.
Speaker 1: A coalition of Republican led states, however, managed to get
Speaker 1: a federal judge in Louisiana to prevent officials from ending
Speaker 1: Title forty two, saying the Biden administration did not taken
Speaker 1: adequate steps required to terminate the policy. Then, on November fifteenth,
Speaker 1: another federal judge declared Title forty two are lawful, saying
Speaker 1: the CDC had not properly explained the policy's public health
Speaker 1: rational or considered its impact on asylum seekers at the
Speaker 1: request of the Biden administration. The judge gave border officials
Speaker 1: five weeks until December the twenty first to end Title
Speaker 1: forty two nineteen. Republican led States asked several courts to
Speaker 1: delay Title forty two's resision indefinitely, warning that chaos would
Speaker 1: otherwise ensue. After their request was denied by lower courts,
Speaker 1: the States asked a Supreme Court to intervene. On December
Speaker 1: twenty seventh, the Supreme Court said it would suspend the
Speaker 1: lower court order that found Title forty two to be
Speaker 1: illegal until it dic I did whether the Republican led
Speaker 1: States should be allowed to intervene in the case. That's
Speaker 1: some Christmas spirit for you. Eventually, with the end of
Speaker 1: the federal emergency over COVID nineteen, Title forty two just
Speaker 1: kind of went away. Customs and Border Protection, the federal
Speaker 1: agency which put up the most staunch resistance to vaccine mandates,
Speaker 1: would begin processing migrants under Title eight of US immigration
Speaker 1: law on the eleventh of May twenty twenty three. I'll
Speaker 1: let them summarize what they see this to mean. According
Speaker 1: to the USCIS website, individuals who unlawfully cross the Southwest
Speaker 1: border will generally be processed under Title eight Expedited Removal
Speaker 1: authorities in a matter of days. They will be barred
Speaker 1: from re entry to the United States for at least
Speaker 1: five years if ordered removed, and they will be presumed
Speaker 1: ineligible for asylum under the proposed Circumvention of Lawful Pathways
Speaker 1: regulation absent and applicable exception. What this means is, if
Speaker 1: you cross into the United States not a the pordam entry,
Speaker 1: you will be assumed ineligible for asylum and the process
Speaker 1: to remove you from the United States will begin immediately.
Speaker 1: You have a chance to file a defensive asylum claim
Speaker 1: against that, but the process can be rushed and more difficult.
Speaker 1: Despite this and having almost three years to repair they
Speaker 1: were by no means. Ready, let's hear from Gustavo again. Gustavo,
Speaker 1: can you explain to us a little bit about what
Speaker 1: you found that by the administration has been planning for
Speaker 1: the end of Title forty two.
Speaker 8: Yeah, what I found is they haven't really been doing
Speaker 8: much planning, right, I mean they talk about I think
Speaker 8: with Title forty two, it's a clear example of immigration
Speaker 8: policy being decided in Washington and no one really from
Speaker 8: the border being involved. Or told what's going on. So,
Speaker 8: like I think it was last week the HS Secretary
Speaker 8: Majorca did this press release about what they're doing in
Speaker 8: terms of processing centers in Guatemala and Columbia so people
Speaker 8: can just go there instead of coming all the way
Speaker 8: to the border, which actually there have been timelines of
Speaker 8: when those will open. But they had asked all these
Speaker 8: things for like big picture things, right, to stop people
Speaker 8: from coming in the first place, Expanding some legal pathways,
Speaker 8: like making it easier for people with families already here
Speaker 8: to get sponsors, fixing some of the little things for
Speaker 8: CVP one, but they don't talk about like on the
Speaker 8: ground logistics right. So for example, I went to Tijuana
Speaker 8: to talk to the head of the Department of Migrant
Speaker 8: Affairs there who told me this, and I checked with
Speaker 8: him yesterday morning, who said, still to this day, less
Speaker 8: than forty eight hours before Title forty two ends, he
Speaker 8: doesn't know how many migrants CBP will allow to cross
Speaker 8: through the ports of entry in Sandy Erro. His guess
Speaker 8: is that maybe two hundred, because that's kind of the
Speaker 8: number that they floated around in December when they originally
Speaker 8: wanted to get rid of Title forty two before their lawsuit,
Speaker 8: and if it's two hundred, he basically said, Tijuana's gonna
Speaker 8: be screwed because two hundred doesn't even cover the number
Speaker 8: of new migrants coming in and deporties being sent to Tijuana.
Speaker 8: So it's gonna like, we have this bottleneck of migration
Speaker 8: in Tijuana and all over the border because of Title
Speaker 8: forty two. For the last three years, no one's been
Speaker 8: able to move. And if they just open it up
Speaker 8: to two hundred people, that's not really going to address
Speaker 8: any of the bottleneck.
Speaker 1: Right There's like, I think, is it sixteen thousand people
Speaker 1: are waiting like an asylum application right now?
Speaker 8: Yeah? Yeah, I hear different numbers throwing around, like teny, fifteen, sixteen,
Speaker 8: and nobody really knows because there's like a network of
Speaker 8: official shelters, and there's a bunch of unofficial shelters, and
Speaker 8: there's a bunch of Russian dudes staying in hotels in airbnbs.
Speaker 8: But I think, yeah, tens of thousands. I think sixteen
Speaker 8: is an accurate number.
Speaker 1: I think it's introdructive here to listen to the Fox
Speaker 1: News coverage of this and how much Secretary my Orcus
Speaker 1: tries to pandit to them.
Speaker 8: I want to be very clear, our borders are not open.
Speaker 7: Homeland Security Secretary Alejandro Majorcis says, when Title forty two
Speaker 7: expires at midnight tonight, anyone who arrives at the southern
Speaker 7: border will be presumed ineligible for asylum and face consequences.
Speaker 7: But withholding facilities already overwhelmed, the administration is ratcheting up
Speaker 7: tough rhetoric while also clearing the way for mass releases
Speaker 7: into US communities with no way for authorities to track people.
Speaker 7: You said at the beginning that you've prepared for this
Speaker 7: moment for almost two years. So why is part of
Speaker 7: that plan and honor system?
Speaker 8: Oh, it is not an honor system. They are a
Speaker 8: subject of our apprehension efforts.
Speaker 7: But under parole release authorized by the US Border Patrol
Speaker 7: Chief last night, migrants do not receive an alien registration
Speaker 7: number for authorities to track them. They don't even get
Speaker 7: a court date. Instead, migrants are asked to turn themselves
Speaker 7: into Ice within sixty days to start immigration proceedings on themselves.
Speaker 11: The American people are watching this.
Speaker 6: They know what they see.
Speaker 11: They see a wide open border.
Speaker 7: Florida's Attorney General is suing the administration, arguing the parole
Speaker 7: plan is identical to a policy a federal judge struck
Speaker 7: down earlier this year.
Speaker 11: You have confidence in the lawfulness of our actions.
Speaker 7: Plans to release migrants at bus stops, gas stations, and
Speaker 7: supermarkets was first detailed last year, according to a memo
Speaker 7: uncovered by the Florida Legal Proceedings. Today, Texas Governor Greg
Speaker 7: Abbott sent a busload of migrants to the Vice President's residents.
Speaker 1: Greg Abbott's disgusting antics acide. There was a real attempt
Speaker 1: by the Biden deministration to come to Republican side on
Speaker 1: migration that we can see clearly here. In the hours
Speaker 1: before we expected Title forty two to die. Folks like
Speaker 1: me who cover the border made plans the day before.
Speaker 1: On the tenth, Majorcas announced the Title forty two would
Speaker 1: be enforced up until eleven fifty nine pm Eastern time,
Speaker 1: and in San Diego, border patrol offices closed down the
Speaker 1: port of entry at Sandy Sedra, the border town just
Speaker 1: south of San Diego, for a training exercise in which
Speaker 1: they lined up in front of the cars waiting to
Speaker 1: cross the border with plexiglass shields and ryotgear. Meanwhile, in
Speaker 1: between the two thirty foot board offenses that divided Sanisidra
Speaker 1: from Tijuana, Board of Patrol began corraling migrants. Afghans, Colombians, Vietnamese, Koreans,
Speaker 1: and Golan Sudanese, Tagis and Congolese people all shared little
Speaker 1: more than a few tarps and cardboard boxes for shelter
Speaker 1: as they waited for something to happen. Despite having months
Speaker 1: to repair in years to plan, it appears at Department
Speaker 1: of Homeland Security totally failed to create so much as
Speaker 1: a scrap of shade or shelter, and instead chose to
Speaker 1: house people detain pending processing in the open air. In
Speaker 1: tomorrow's episode, we'll hear from some of them. It Could
Speaker 1: Happen here as a production of cool Zone Media.
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