WEBVTT - Title 42: How a Public Health Law Kills Refugees 0:00:11.320 --> 0:00:14.360 You probably don't remember the passage of Title forty two, 0:00:14.760 --> 0:00:17.000 let alone that of Title forty two tap to six 0:00:17.160 --> 0:00:20.439 a sub Chapter two, Part G Section two sixty four, 0:00:21.480 --> 0:00:23.880 But it's a part of US federal law that gives 0:00:23.880 --> 0:00:26.239 the government of the authority to take emergency action to 0:00:26.280 --> 0:00:29.960 keep communical diseases out of the country. The portion, which 0:00:30.040 --> 0:00:33.680 allows a sweeping disregard for asylum law passed in nineteen 0:00:33.720 --> 0:00:38.400 forty four reads in one giant run on paragraph sentences follows. 0:00:38.640 --> 0:00:41.519 Whenever the Surgeon General determines that, by reason of the 0:00:41.560 --> 0:00:44.879 existence of any communicable disease in a foreign country, there 0:00:44.920 --> 0:00:47.840 is serious danger of the introduction of such disease into 0:00:47.840 --> 0:00:50.760 the United States, and that this danger is so increased 0:00:50.760 --> 0:00:53.519 by the introduction of persons or property from such country 0:00:53.600 --> 0:00:56.000 that a suspension of the right to introduce such persons 0:00:56.040 --> 0:00:58.920 and property is required in the interest of the public health. 0:00:59.120 --> 0:01:02.320 The Surgeon General, in accordance with regulations approved by the President, 0:01:02.480 --> 0:01:05.360 shall have the power to prohibit and whole or in part, 0:01:05.560 --> 0:01:08.600 the introduction of persons and property from such countries or 0:01:08.640 --> 0:01:11.600 places as he shall designate, in order to avert such danger, 0:01:11.880 --> 0:01:13.720 and for such period of time as he may deem 0:01:13.800 --> 0:01:14.559 necessary for. 0:01:14.480 --> 0:01:18.480 Such purpose before President Donald Trump's administration used it on 0:01:18.560 --> 0:01:21.800 March twentieth, twenty twenty. It had been used only in 0:01:21.880 --> 0:01:24.240 nineteen twenty nine to keep ships from China and the 0:01:24.280 --> 0:01:28.080 Philippines from entering US ports during the meningitis outbreak. But 0:01:28.400 --> 0:01:30.800 in March of twenty twenty, when you probably weren't paying 0:01:30.880 --> 0:01:33.720 much attention because the world was falling apart, or when 0:01:33.760 --> 0:01:36.360 I just returned from a work trip to Rwanda, where 0:01:36.400 --> 0:01:39.200 I was months before any precautions appeared in the USA 0:01:39.480 --> 0:01:43.720 screened for a novel coronavirus. The Trump administration cited this 0:01:43.800 --> 0:01:46.880 public health law in instructions to the Department of Homeland 0:01:46.920 --> 0:01:51.960 Security on restrictions for migrants entering the United States. That 0:01:52.120 --> 0:01:55.840 very same day, Center for Disease Control Director Robert R. 0:01:55.880 --> 0:02:00.080 Redfield relied on this regulation to issue order suspending the 0:02:00.120 --> 0:02:04.280 introduction into the United States of certain individuals who had 0:02:04.320 --> 0:02:09.680 been in quote unquote coronavirus impacted areas and quote who 0:02:09.760 --> 0:02:13.200 would be introduced into a congregate setting at the port 0:02:13.200 --> 0:02:17.359 of entry or a border station. This includes individuals coming 0:02:17.360 --> 0:02:20.280 from Canada or Mexico who would normally be detained by 0:02:20.360 --> 0:02:24.160 CBP after arriving at the border people including asylum seekers 0:02:24.200 --> 0:02:27.320 and accompanied children, and people attending to enter the United 0:02:27.320 --> 0:02:31.600 States between ports of entry, citing the new CDC order. 0:02:31.919 --> 0:02:36.239 That same day, the border patrol began expelling individuals who 0:02:36.320 --> 0:02:38.960 arrived at the US Mexico border without giving them the 0:02:38.960 --> 0:02:44.640 opportunity to seek asylum. Reports indicate the CDC scientists expressed 0:02:44.639 --> 0:02:48.000 opposition to the invocation of Title forty two, arguing that 0:02:48.000 --> 0:02:50.400 there was really no public health rationale to support it. 0:02:51.040 --> 0:02:54.680 Ever since then, public health experts outside the CDC have 0:02:54.760 --> 0:02:58.640 continued to agree, arguing that while international borders largy remain 0:02:58.720 --> 0:03:01.120 open to other travelers, there is no need to turn 0:03:01.160 --> 0:03:03.959 away refugees and expel them to their home countries or 0:03:04.000 --> 0:03:08.640 send them to Mexico. Despite this, DHS has been applying 0:03:08.680 --> 0:03:12.079 Title forty two to migrants for three years since then, 0:03:12.720 --> 0:03:15.000 and people have been turned away without getting a chance 0:03:15.040 --> 0:03:17.920 to plead their case for asylum three million times. 0:03:19.160 --> 0:03:19.320 Now. 0:03:19.360 --> 0:03:22.600 Trump is no longer president, but Title forty two has persisted. 0:03:23.040 --> 0:03:26.200 It's actually persisted for much longer under Biden's watch two 0:03:26.280 --> 0:03:29.480 years and four months than it did under Trump ten months. 0:03:30.080 --> 0:03:33.200 But we'll get to that part later. First, let's look 0:03:33.200 --> 0:03:36.000 at what this bureaucratic wrinkle does when it's supplied for 0:03:36.080 --> 0:03:39.560 three years across a land border spanning three one and 0:03:39.560 --> 0:03:43.520 forty five kilometers. That's nine hundred and fifty four miles 0:03:43.520 --> 0:03:47.000 for the Americans listening at a time when climate change, 0:03:47.360 --> 0:03:51.440 economic decline, and state and nonstate violence are driving more 0:03:51.480 --> 0:03:54.480 and more people towards the USA's southern border in the 0:03:54.480 --> 0:03:58.160 hope of a better life. We're talking about the title 0:03:58.200 --> 0:04:01.160 forty two this week because it ended on eleventh. In 0:04:01.200 --> 0:04:03.440 a sense, this marks the important change in immigration law, 0:04:03.600 --> 0:04:06.800 But in a sense it doesn't. Immigration was complicated and 0:04:06.840 --> 0:04:09.560 cruel for migrants and profitable for people on both sides 0:04:09.600 --> 0:04:12.840 of the border before March of twenty twenty, and it's 0:04:12.880 --> 0:04:16.240 the same after Title forty two has gone. But nonetheless, 0:04:16.240 --> 0:04:19.000 Title forty two represented a distinct change in how asylum 0:04:19.080 --> 0:04:22.240 works in the US, and, especially when combined with other 0:04:22.320 --> 0:04:26.240 Trump policies that Biden has continued, a distinct change in 0:04:26.279 --> 0:04:29.440 how many people die when coming to this country to 0:04:29.480 --> 0:04:31.520 try and have a better chance at a save future. 0:04:33.480 --> 0:04:36.760 By April of twenty twenty, Title forty two expulsions at 0:04:36.800 --> 0:04:40.159 the border overtook the previous record for expulsions under the 0:04:40.200 --> 0:04:43.560 so called Migrant Protection Protocol, which is better known as 0:04:43.640 --> 0:04:46.360 Remain in Mexico, that was set in August of twenty 0:04:46.480 --> 0:04:50.400 nineteen under an agreement reached with the Mexican government. In 0:04:50.480 --> 0:04:53.920 late March of twenty twenty, the border patrol began sending 0:04:54.240 --> 0:04:59.120 quote unquote back to Mexico most Mexican, but also Guatemala 0:04:59.160 --> 0:05:04.239 and honduranum Saldareian families and seeing adults encountered at the border. 0:05:05.279 --> 0:05:08.320 This group of nationalities remained unchanged until May of twenty 0:05:08.400 --> 0:05:11.040 twenty two, when the Biden administration came to an agreement 0:05:11.080 --> 0:05:14.960 with Mexico to accept quote unquote thousands of Cubans and 0:05:15.000 --> 0:05:20.080 Nicaraguans sent from the United States to Mexico. But this 0:05:20.160 --> 0:05:24.560 doesn't really matter. You'll see that alone these episodes. Immigration 0:05:24.640 --> 0:05:27.280 law on the ground and immigration law in Washington, DC 0:05:27.640 --> 0:05:32.200 are two very different things. There has been extensive documentation 0:05:32.279 --> 0:05:35.320 of individuals expelled to Mexico who do not fit within 0:05:35.400 --> 0:05:38.920 these nationalities, including Haitian asylum seekers, some of whom I've 0:05:38.920 --> 0:05:44.000 spoken to myself. People who are expelled are often driven 0:05:44.040 --> 0:05:46.479 by bus to the nearest port of entry that's a 0:05:46.560 --> 0:05:50.640 land border crossing and told to walk back to Mexico, 0:05:51.080 --> 0:05:54.039 often without their luggage and other belongings. I've found that 0:05:54.120 --> 0:05:57.920 luggage and belongings, including ID cards, clothing, and even little 0:05:57.920 --> 0:06:01.320 stuffed animals, all along the border in the three years 0:06:01.320 --> 0:06:04.520 since Title forty two has been in place. I asked 0:06:04.520 --> 0:06:06.799 my friend Paul to describe what we found in Texas, 0:06:06.800 --> 0:06:08.760 and we've been for a walk along the border wall 0:06:08.920 --> 0:06:11.640 during our time reporting on the National Butterfly Center. 0:06:11.720 --> 0:06:16.080 There you'd find driver's licenses. I believe at one point 0:06:16.160 --> 0:06:21.800 we found like an almost an information packet for like 0:06:21.920 --> 0:06:24.440 it was for a teenager, a teenage girl. I remember 0:06:24.440 --> 0:06:28.640 that because we got pictures of it. And then when 0:06:28.680 --> 0:06:31.640 we took that long walk, remember we walked down the 0:06:31.680 --> 0:06:34.680 border wall, it's two and a half mile walk something 0:06:34.760 --> 0:06:37.040 like that. When we got to the very end of 0:06:37.080 --> 0:06:44.080 the wall where the river was, there was just a 0:06:44.160 --> 0:06:48.040 giant pile of people's stuff. And some of it was 0:06:48.120 --> 0:06:53.600 obviously trash, you know, they were abandoning clothes after they 0:06:53.720 --> 0:06:56.760 changed from crossing and stuff like that, but a lot 0:06:56.800 --> 0:07:02.120 of it was full backpacks, a lot of ID documents 0:07:02.200 --> 0:07:07.000 just in piles, just piles of them. Yeah, yeah, just 0:07:07.040 --> 0:07:09.440 big piles of documents that proved who you were. 0:07:09.840 --> 0:07:12.720 The other thing we found with ladders, tons of them. 0:07:13.200 --> 0:07:16.920 Apparently someone built a gazebo out of them. The wall 0:07:16.960 --> 0:07:19.680 varies in design a bit along the border depending on 0:07:19.760 --> 0:07:22.000 when and by whom it was built. But the trum 0:07:22.040 --> 0:07:24.480 design has a flat anti climb plate at the top. 0:07:25.000 --> 0:07:27.000 I'll let Paul describe how that's going. 0:07:27.400 --> 0:07:29.880 It was literally like somebody went to the hardware store 0:07:30.760 --> 0:07:33.240 bought two of the longest or actually sorry, three of 0:07:33.280 --> 0:07:36.200 the longest two by four as you could put two 0:07:36.240 --> 0:07:39.640 of them beside each other, and then just nailed steps 0:07:40.040 --> 0:07:42.880 up them, so you know, they were like sixteen twenty 0:07:42.880 --> 0:07:46.720 feet long, and which was enough to just climb over 0:07:46.760 --> 0:07:52.400 the wall like there weren't There weren't many places actually 0:07:52.400 --> 0:07:55.080 because most of the wall had that anti climb barrier 0:07:55.120 --> 0:07:58.280 at the top, whereas when you didn't have the anti 0:07:58.280 --> 0:08:00.960 climb barrier, you didn't actually they have something to set 0:08:01.000 --> 0:08:02.800 it against. But once you put that on there, you 0:08:02.800 --> 0:08:04.680 could just lean the ladder up against it. It's like 0:08:04.720 --> 0:08:05.480 self defeating. 0:08:14.320 --> 0:08:16.880 Sometimes these expulsions are not as straightforward as a bus 0:08:16.960 --> 0:08:20.080 to nearest port of entry. CBP has carried out what 0:08:20.120 --> 0:08:23.920 are called lateral transfers by plane or bus, taking migrants 0:08:24.200 --> 0:08:27.720 to another location along the border, to towns like San 0:08:27.720 --> 0:08:30.560 Diego or El Paso, even if they entered in Arizona 0:08:30.720 --> 0:08:34.720 or California. This leaves families stranded in the town where 0:08:34.760 --> 0:08:39.120 they have no connections, no resources, and no community. Again, 0:08:39.160 --> 0:08:42.600 these are people I've met. It won't have escaped the listeners' 0:08:42.600 --> 0:08:45.880 attention that those planes and buses and other means of 0:08:45.920 --> 0:08:50.080 detention and transport are indeed congregate settings, But that doesn't 0:08:50.120 --> 0:08:53.839 seem to matter here. Title forty two didn't stop people 0:08:53.840 --> 0:08:57.240 trying to come, but it made the journey more difficult. 0:08:58.080 --> 0:09:00.400 Instead of crossing and trying to turn them selves in 0:09:00.440 --> 0:09:03.959 for asylum or approaching a port of entry, people began 0:09:04.000 --> 0:09:07.600 crossing in more remote places, places without border walls or 0:09:07.640 --> 0:09:12.559 barriers and with less frequent border patrols. In twenty twenty, 0:09:12.960 --> 0:09:15.560 the Border Patrol found two hundred and forty seven dead 0:09:15.559 --> 0:09:19.080 bodies along the border. This is unlikely to represent the 0:09:19.080 --> 0:09:22.200 full human toll of border enforcement. Many deaths in the 0:09:22.240 --> 0:09:26.920 desert go unreported and undiscovered, but it gives some kind 0:09:26.960 --> 0:09:29.640 of point of comparison for the twenty twenty one number. 0:09:29.800 --> 0:09:33.319 After a year of Title forty two, five hundred and 0:09:33.360 --> 0:09:36.640 forty six people died that year. In twenty twenty two, 0:09:37.240 --> 0:09:40.280 third year of Title forty two, eight one hundred and 0:09:40.280 --> 0:09:44.280 fifty seven people died. None of those people were guilty 0:09:44.320 --> 0:09:46.640 of any crime other than wanting a better life, but 0:09:46.760 --> 0:09:49.920 under Title forty two, they lost their lives because the 0:09:50.080 --> 0:09:52.760 US didn't give them a safe way to exercise a 0:09:52.880 --> 0:09:57.960 human right to claim asylum. One local advocate, Hamaira Yusefi 0:09:58.280 --> 0:10:00.400 from a group called Pana the to Ship for the 0:10:00.520 --> 0:10:03.559 Bards with New Americans explain what Title forty two have 0:10:03.679 --> 0:10:06.600 been like for her as an advocate for asylum seekers. 0:10:06.800 --> 0:10:12.640 When the pandemic hit, we saw that Title forty two 0:10:13.120 --> 0:10:17.440 heavily restricted those who were able to seek asylum in 0:10:17.480 --> 0:10:21.600 this country. So while there was chaos happening and folks 0:10:21.760 --> 0:10:23.880 around the world who were trying to come to the 0:10:23.960 --> 0:10:26.760 United States for refuge, they were unable to do so. 0:10:27.120 --> 0:10:30.320 And what this resulted in is people taking an even 0:10:30.360 --> 0:10:34.360 more dangerous path right than before and going between the 0:10:34.640 --> 0:10:37.640 ports of entries in order to try to seek refuge. 0:10:37.679 --> 0:10:40.800 And so we have had hundreds of cases of individuals 0:10:40.840 --> 0:10:45.360 who have gotten themselves injured who the hospitals are calling 0:10:45.440 --> 0:10:48.199 us because they've tried to cross and got injured, and 0:10:48.360 --> 0:10:50.960 where we're trying to help them with getting some basic 0:10:51.040 --> 0:10:54.920 legal services and immediate shelter and those types of things. 0:10:55.679 --> 0:10:58.880 Since Biden took off his human rights first says, it's 0:10:58.920 --> 0:11:04.320 identified more than thirteen thousand incidents of kidnapping, torture, rape, 0:11:04.559 --> 0:11:07.720 or other violent attacks on people blocked or expelled to 0:11:07.760 --> 0:11:11.000 Mexico and a title forty two. That's because it's easy 0:11:11.040 --> 0:11:13.480 for violence to follow people who have no resources and 0:11:13.520 --> 0:11:16.840 no community to protect them. It's for that reason that 0:11:16.920 --> 0:11:19.800 you won't always see faces in my photographs at the border, 0:11:20.640 --> 0:11:23.000 and that some of the names in this series have changed, 0:11:23.120 --> 0:11:26.560 or perhaps we're just using someone's first name. It's also 0:11:26.600 --> 0:11:29.000 for that reason they're not everyone at the border always 0:11:29.040 --> 0:11:31.600 wants to talk. But we do have some interviews coming 0:11:31.640 --> 0:11:34.520 up for you tomorrow. Here's a clip from a discussion 0:11:34.520 --> 0:11:36.360 about this which I recorded the border last week. 0:11:36.440 --> 0:11:38.760 I'm trying to get people's faces, and that's what everybody 0:11:38.800 --> 0:11:39.080 is doing. 0:11:40.640 --> 0:11:41.760 I can't speak to what they're doing. 0:11:41.800 --> 0:11:42.600 That's what I'm doing. 0:11:42.760 --> 0:11:43.880 I don't know about other people. 0:11:44.120 --> 0:11:47.200 You should ask. You should if you think someone's taking 0:11:47.240 --> 0:11:48.000 a photo of you. 0:11:48.160 --> 0:11:48.560 It's okay. 0:11:48.640 --> 0:11:53.000 I don't have a why, you know. 0:11:53.000 --> 0:11:54.640 I wish I could, Yeah, I could tell you. 0:11:54.800 --> 0:11:57.400 People who are subject to Title forty to expulsion are 0:11:57.400 --> 0:11:59.719 not given an opportunity to contest their expulsion on the 0:11:59.760 --> 0:12:02.400 ground on silvered face persecution in the country to which 0:12:02.440 --> 0:12:05.480 they will be expelled. There's a very limited exceptions Title 0:12:05.520 --> 0:12:09.120 forty two for people who quote unquote spontaneously inform CBP 0:12:09.240 --> 0:12:12.120 officers that they fear being tortured in the country to 0:12:12.120 --> 0:12:15.440 which they will be expelled. However, in order to receive 0:12:15.440 --> 0:12:18.120 an official screening by an asylum officer for exemption under 0:12:18.120 --> 0:12:21.360 that provision, the CBP officer must first determine that the 0:12:21.400 --> 0:12:25.520 claim is reasonably believable. From March twenty twenty through September 0:12:25.559 --> 0:12:28.280 twenty twenty one, just two hundred and seventy two people 0:12:28.320 --> 0:12:30.880 were granted the right to seek asylum under this exception. 0:12:31.640 --> 0:12:34.360 The use of Title forty two has been despite the 0:12:34.400 --> 0:12:36.920 relative lack of outrage sin sur bide. The administration took 0:12:36.920 --> 0:12:41.520 office bipartisan in twenty twenty one. A few weeks before 0:12:41.520 --> 0:12:44.760 Biden's inauguration, I spent some time talking to migrants at 0:12:44.760 --> 0:12:47.520 the southern border for slate. Many of them had come 0:12:47.559 --> 0:12:50.000 to a small, tense city that popped up just feet 0:12:50.040 --> 0:12:52.880 from the pedestrian border crossing and the country that they 0:12:52.880 --> 0:12:55.199 had traveled thousands of miles to get to, but that 0:12:55.280 --> 0:12:59.520 they couldn't reach. You can see America through defense there, 0:13:00.120 --> 0:13:03.440 but you can't get there. The camp was diverse in 0:13:03.440 --> 0:13:07.480 its composition. On one trip, I interviewed folks from Haiti, Honduras, 0:13:07.480 --> 0:13:10.960 Ol Salvador, Watemala, and Ethiopia. Here's what one of them 0:13:11.000 --> 0:13:13.200 said to me when he asked his message to President Biden. 0:13:13.720 --> 0:13:16.800 You recognize the voices Daniel's. That's because I don't have 0:13:16.840 --> 0:13:18.000 his permission to use his voice. 0:13:18.040 --> 0:13:21.640 Here we are appealing to President Biden. We aren't bad people. 0:13:21.920 --> 0:13:23.880 Our goal is to work and get ahead in the 0:13:23.880 --> 0:13:26.320 world for our children. We don't want to go back. 0:13:26.480 --> 0:13:28.520 They will kill us, so we are here. 0:13:29.200 --> 0:13:31.840 Some of them wore Biden T shirts, which I suspect 0:13:31.920 --> 0:13:34.559 rctually a plant by right wing a Jean provocateur looking 0:13:34.640 --> 0:13:38.480 to make the new administration look weak. They needn't really 0:13:38.520 --> 0:13:40.800 have bothered with all the effort. Biden would do plenty 0:13:40.840 --> 0:13:42.840 in the next few months to make himself look cruel 0:13:43.000 --> 0:13:45.640 and unkind. Before we talk about that, I want to 0:13:45.640 --> 0:13:48.400 play you a clip from Biden's first press confidence. President. 0:13:48.880 --> 0:13:52.400 You just listed the reasons that people are coming talking 0:13:52.400 --> 0:13:55.080 about in country problems, saying that it happens every year. 0:13:55.280 --> 0:13:58.080 You blamed the last administration, Sir. I just got back 0:13:58.520 --> 0:14:01.280 last night from a recording trip to the border where 0:14:01.360 --> 0:14:05.160 I met nine year old Jose, who walked here from 0:14:05.200 --> 0:14:08.760 Honduras by himself, along with another little boy. He had 0:14:08.760 --> 0:14:11.680 that snout on him and we were able to call 0:14:11.760 --> 0:14:15.560 his family. His mother says that she sent her son 0:14:15.600 --> 0:14:19.120 to this country because she believes that you are not 0:14:19.280 --> 0:14:23.200 deporting unaccompanied miners like her son. That's why she's sent 0:14:23.280 --> 0:14:27.359 him alone from Honduras. So, Sir, you blamed the last administration. 0:14:27.520 --> 0:14:30.520 But is your messaging and saying that these children are 0:14:30.880 --> 0:14:32.960 and will be allowed to stay in this country and 0:14:33.000 --> 0:14:37.480 work their way through this process, encouraging families like Jose's 0:14:37.760 --> 0:14:38.200 to come. 0:14:39.280 --> 0:14:39.960 Well, look. 0:14:45.320 --> 0:14:49.080 The idea that I'm going to say, which I would 0:14:49.080 --> 0:14:52.680 never do. If an unaccompanied child ends up at the border, 0:14:52.680 --> 0:14:54.480 We're just gonna let him starve to death and stay 0:14:54.520 --> 0:15:01.080 on the other side. No previous administrations dead either except Trump. 0:15:01.880 --> 0:15:04.360 I'm not going to do it. I'm not going to 0:15:04.440 --> 0:15:08.200 do it. That's why I've asked the Vice President of 0:15:08.200 --> 0:15:12.720 the United States yesterday to be the lead person I'm 0:15:12.720 --> 0:15:19.120 dealing with focusing on the fundamental reasons why people leave Honduras, Guatemala, 0:15:19.240 --> 0:15:20.800 or Salvadora in the first. 0:15:20.520 --> 0:15:23.520 Place in the coming months, some of which I covered 0:15:23.520 --> 0:15:27.160 for an op ed in NBC about the Biden Administration's 0:15:27.160 --> 0:15:30.080 cruel treatment of Haitian migrants. Things on the border didn't 0:15:30.080 --> 0:15:33.760 get any better. Biden deported more Haitian people in a 0:15:33.760 --> 0:15:36.400 few weeks than the Trump administration did in a year, 0:15:37.120 --> 0:15:39.640 eight hundred and ninety five people reporting in twenty twenty 0:15:40.120 --> 0:15:43.560 versus more than one two hundred people from January twentieth 0:15:43.760 --> 0:15:48.040 to March twenty second, twenty twenty one. While making declarations 0:15:48.040 --> 0:15:52.120 about showing compassion to migrants, the Biden administration packed Haitians 0:15:52.120 --> 0:15:55.160 onto crowded planes and buses and sent them back to 0:15:55.200 --> 0:15:58.920 Haiti in the middle of a pandemic. In March, the 0:15:59.080 --> 0:16:04.040 US sent another pointed disinvitation to Haitians. The US Embassy 0:16:04.120 --> 0:16:07.160 in Haiti tweeted a picture President Joe Biden looking off 0:16:07.160 --> 0:16:09.200 into the distance with a caption in both English and 0:16:09.240 --> 0:16:16.000 Haitian creole. In Creole, it read wing cardi sa bienkie pavini. 0:16:16.760 --> 0:16:18.320 The translation above it was. 0:16:18.800 --> 0:16:21.480 I can say quite clearly, don't come over. 0:16:23.160 --> 0:16:27.280 In July of that year, Homeland Security Secretary Alejandro Majorcas, 0:16:27.600 --> 0:16:30.600 himself a child of parents who fled from Cuba, said 0:16:30.640 --> 0:16:33.840 that Haitians and Cubans fleeing unrest in their countries will 0:16:33.880 --> 0:16:36.320 not find safety in the US, even if they have 0:16:36.360 --> 0:16:39.320 a credible claim for asylum, and especially if they flee 0:16:39.360 --> 0:16:42.800 by sea. In doing so, he was echoing statements to 0:16:42.840 --> 0:16:46.760 the US broadcast from planes flying over Haiti following the 0:16:46.800 --> 0:16:50.840 devastating earthquake in twenty ten. Following these announcements, the US 0:16:50.960 --> 0:16:53.800 diverted resources that it could have used to help people 0:16:53.800 --> 0:16:56.080 from suffering in a country which had been destroyed by 0:16:56.080 --> 0:16:59.920 a natural disaster to stop them coming to this country. 0:17:01.160 --> 0:17:05.159 He was also overlooking that under both international and domestic law, 0:17:05.200 --> 0:17:08.200 asylum seekers are entitled to make claims no matter how 0:17:08.240 --> 0:17:11.280 they enter the country. Here's what Mayoka said at his 0:17:11.320 --> 0:17:12.040 press conference. 0:17:12.520 --> 0:17:15.400 Allow me to be clear, if you take to the sea, 0:17:15.760 --> 0:17:17.919 you will not come to the United States. 0:17:18.359 --> 0:17:21.359 Part of this hardline is because of a perceived crisis 0:17:21.400 --> 0:17:23.800 at the border. You don't have to go far on 0:17:23.840 --> 0:17:25.960 Twitter dot com before you run into people like Fox 0:17:26.000 --> 0:17:29.240 Newses Bill Malugan. Yep, the tampon in the coffee guy 0:17:29.280 --> 0:17:33.000 is now a border reporter and he's shamelessly repeating CBP 0:17:33.119 --> 0:17:36.480 statistics about apprehensions on the southern border. Here he is 0:17:36.760 --> 0:17:39.200 talking to his buddy Tucker Carlson. Do you remember that guy? 0:17:39.800 --> 0:17:42.720 Bill Malujin has covered the border more closely than any 0:17:42.760 --> 0:17:44.679 reporter in the United States for the last two years, 0:17:44.720 --> 0:17:49.000 and today, in his estimation, the single largest caravan of 0:17:49.080 --> 0:17:52.360 illegal aliens flowing into this country in his two years 0:17:52.400 --> 0:17:55.160 of watching crossed. Today he broke the story. He's got 0:17:55.200 --> 0:17:58.359 remarkable video for us. He's live at the border now. Bill, 0:17:58.440 --> 0:17:59.040 great to see you. 0:17:59.080 --> 0:17:59.520 What did you. 0:17:59.480 --> 0:18:02.040 See, Tucker cad Evings you you mentioned it right off 0:18:02.080 --> 0:18:04.480 the top. This was easily the biggest group we have 0:18:04.680 --> 0:18:08.000 ever seen during our nineteen months of covering this border crisis. 0:18:08.200 --> 0:18:11.040 And they all crossed illegally into El Paso last night, 0:18:11.359 --> 0:18:13.399 and we got some pretty wild camera footage to show you. 0:18:13.480 --> 0:18:14.080 Take a look at this. 0:18:14.080 --> 0:18:15.560 This was last night in Ol Paso. 0:18:15.720 --> 0:18:21.160 A massive caravan over one thousand illegal immigrants crossing into 0:18:21.200 --> 0:18:23.560 El Paso last night. Local media they're reporting it was 0:18:23.600 --> 0:18:26.119 potentially up to two thousand people and that it was 0:18:26.160 --> 0:18:29.919 possibly the biggest mass crossing in the city's history. Now, 0:18:29.960 --> 0:18:31.760 as you look at the video, you'll see just wave 0:18:31.880 --> 0:18:35.320 after wave after wave of these people walking across the 0:18:35.400 --> 0:18:37.320 river and then gathering on the US side of the 0:18:37.400 --> 0:18:40.080 river where they kind of form a single file line. 0:18:40.160 --> 0:18:43.160 But it's not just Fox News doing this. You'll see 0:18:43.200 --> 0:18:47.240 MPR and other more liberal outlets quoting these same statistics 0:18:47.359 --> 0:18:52.639 without the necessary context. They're not lying. Apprehensions are higher, 0:18:53.160 --> 0:18:56.120 but that is in some part because migrants are now 0:18:56.160 --> 0:18:59.840 crossing more than once. In twenty nineteen, before Title forty 0:18:59.880 --> 0:19:02.880 two went into effect, just seven percent of migrants apprehended 0:19:02.880 --> 0:19:07.080 by the Border Patrol had previously been apprehended. The reapprehension 0:19:07.119 --> 0:19:10.040 rate grew to twenty seven percent in fiscal year twenty 0:19:10.080 --> 0:19:13.119 twenty two. This is because we're expelling people to places 0:19:13.119 --> 0:19:15.199 where they have no hope of a better future and 0:19:15.280 --> 0:19:17.880 not leaving them with many options other than to try 0:19:17.920 --> 0:19:23.280 again in more remote and risky settings. Meanwhile, there's much 0:19:23.400 --> 0:19:26.920 less concern from the right and from Democrats at the 0:19:26.960 --> 0:19:29.960 fact that Ukrainians are exempted from Title forty two and 0:19:30.440 --> 0:19:34.360 Russians and Ukrainians generally experience expedited processing of the sort 0:19:34.359 --> 0:19:36.280 which one would hope this country could offer to other 0:19:36.280 --> 0:19:40.160 people escaping conflicts around the world, including many that we started. 0:19:41.040 --> 0:19:44.439 I asked my friend Gustavo Solis, a border investigative reporter 0:19:44.520 --> 0:19:48.159 at KPBS in San Diego, to summarize the Biden administration 0:19:48.200 --> 0:19:49.680 to take on Title forty two. 0:19:49.840 --> 0:19:52.399 Now, on paper of the rationalists, there's a pandemic going on. 0:19:52.480 --> 0:19:55.160 We need to stop or slow the spread of COVID nineteen. 0:19:55.720 --> 0:19:59.280 So because of this extraordinary circumstance, we need Title forty 0:19:59.320 --> 0:20:04.439 two to shore up the border. That was bullshit, and 0:20:04.520 --> 0:20:08.000 we know that now through reporting that it was total bullshit. 0:20:08.040 --> 0:20:12.200 We know that from as early as twenty eighteen, Stephen Miller, 0:20:12.280 --> 0:20:17.040 Trump's White House aid wanted to use Title forty two 0:20:16.840 --> 0:20:21.240 to stop this type of migration. We know that Vice 0:20:21.280 --> 0:20:24.480 President Mike Pence pressured the top doctors at the CDC 0:20:25.280 --> 0:20:28.040 into doing this, basically saying, if you don't do this, 0:20:28.080 --> 0:20:30.840 you might lose your job. Because even then, in March 0:20:30.880 --> 0:20:33.879 twenty twenty doctors at the CDC knew that there was 0:20:33.920 --> 0:20:36.439 no real public health rationale for this. I mean, if 0:20:36.440 --> 0:20:38.679 you look at the order, it's supposed to stop COVID, 0:20:38.720 --> 0:20:42.440 but there weren't any exceptions for migrants who were vaccinated 0:20:42.600 --> 0:20:46.760 or there was no testing component to it. So that's 0:20:46.840 --> 0:20:49.639 kind of the beginning of Title forty two. By the 0:20:49.640 --> 0:20:52.399 time Biden came in office, Biden had promised to end 0:20:52.440 --> 0:20:56.479 it along with Roman in Mexico and restore the humane 0:20:56.520 --> 0:21:00.439 asylum system, but he kept Title forty two place, and 0:21:00.440 --> 0:21:02.960 he didn't just keep it in place, he expanded it 0:21:03.000 --> 0:21:06.680 to include nationalities that weren't included when Trump first rolled 0:21:06.720 --> 0:21:07.040 it out. 0:21:07.520 --> 0:21:09.960 Even as a legal battle went back and forth, another 0:21:10.040 --> 0:21:13.280 major bottom neck emerged in a migration system in the 0:21:13.359 --> 0:21:16.960 form of never ending clusterfuck. That is the CBP one app. 0:21:17.119 --> 0:21:19.840 Again a Le Gustavo explain his reporting here. 0:21:20.400 --> 0:21:23.439 It actually kind of started with the Ukrainians. That was 0:21:23.880 --> 0:21:27.440 kind of how they started using it for the asylum context. 0:21:27.440 --> 0:21:34.160 But CBP one is essentially a phone app for asylum, 0:21:34.520 --> 0:21:37.960 and on paper it kind of makes sense, right instead of, like, 0:21:38.920 --> 0:21:41.760 you know, Joe Biden and the Dems are really terrified 0:21:41.760 --> 0:21:44.240 of the optics of a lot of people at the border, 0:21:45.440 --> 0:21:48.879 and they a lot of their policy is revolved around 0:21:48.920 --> 0:21:51.719 stopping that right. They don't want masses of people at 0:21:51.760 --> 0:21:55.920 the border. The CBP one app aims to address that 0:21:55.960 --> 0:21:58.360 by telling micros, hey, instead of coming all the way 0:21:58.359 --> 0:22:00.760 to Mexico and showing up to the border, just download 0:22:00.760 --> 0:22:05.000 this app and schedule an appointment to come here, and 0:22:05.040 --> 0:22:07.919 we'll let you to see if you're eligible for asylum 0:22:08.040 --> 0:22:14.240 or not. Another example of a policy in Washington, DC 0:22:14.400 --> 0:22:18.080 that has no reality in what's going on the border 0:22:18.160 --> 0:22:24.440 because migrants live in shelters with really bad Wi Fi access, 0:22:24.480 --> 0:22:30.000 and they have crappy phones. So what I found in 0:22:30.040 --> 0:22:33.240 the reporting is that CBP one rewards people with the 0:22:33.240 --> 0:22:37.360 best phones, not necessarily people who are most vulnerable. And 0:22:37.400 --> 0:22:39.560 the story I came out with last week was about 0:22:39.560 --> 0:22:42.440