WEBVTT - Biden Administration's New Border Rules 0:00:00.160 --> 0:00:04.480 We've already removed thousands of people who have arrived at 0:00:04.480 --> 0:00:11.000 our southern border. We are enforcing our traditional immigration enforcement 0:00:11.280 --> 0:00:14.960 authorities under Title eight of the United States Code. 0:00:15.000 --> 0:00:17.919 The chaos expected at the border after the end of 0:00:18.000 --> 0:00:22.759 Title forty two has not materialized so far, and Homeland 0:00:22.800 --> 0:00:28.360 Security Secretary Alejandro Majorkis credits the Biden administration's new tougher 0:00:28.400 --> 0:00:32.720 asylum policies and expanded legal pathways to enter the country. 0:00:33.200 --> 0:00:36.360 But from New York to Chicago to Denver, cities are 0:00:36.440 --> 0:00:41.000 scrambling to accommodate more migrants as Texas Governor Greg Abbott 0:00:41.080 --> 0:00:44.800 continues to bus asylum seekers from the southern border to 0:00:44.920 --> 0:00:48.600 sanctuary cities. New York City Mayor Eric Adams had some 0:00:48.800 --> 0:00:52.680 harsh words for people criticizing the city's decision to house 0:00:52.760 --> 0:00:55.040 thousands of migrants in hotels. 0:00:55.600 --> 0:00:59.760 So, whomever said, don't go to a hotel on this 0:01:00.440 --> 0:01:02.800 don't go to a hotel on that block. If you're 0:01:02.800 --> 0:01:04.880 just telling me that, then I need for you to 0:01:04.920 --> 0:01:06.399 tell me where to go. 0:01:06.880 --> 0:01:10.440 My guest is immigration law expert Leon Fresco, a partner 0:01:10.440 --> 0:01:14.360 at hollanden Knight. So Leon, let's start with the end 0:01:14.440 --> 0:01:18.200 of Title forty two. The number of migrants encountered at 0:01:18.200 --> 0:01:22.440 the southern border fell fifty percent during the last three days. 0:01:22.880 --> 0:01:25.280 You know, everyone was anticipating that there would be a 0:01:25.319 --> 0:01:26.520 surge at the border. 0:01:26.880 --> 0:01:29.040 I think for a lot of people, there's a way 0:01:29.120 --> 0:01:32.319 to see approach that they're operating with, which is that 0:01:32.560 --> 0:01:35.360 they want to see a are there going to be 0:01:35.440 --> 0:01:39.000 a sufficient number of the CBP one appointment on the 0:01:39.080 --> 0:01:42.640 border that people can use to access the process legally 0:01:42.959 --> 0:01:46.960 without needing to access the process illegally. Be what's going 0:01:47.040 --> 0:01:50.120 to happen to people who sort of test the system 0:01:50.480 --> 0:01:52.920 and put their finger in the plug, so to speak. 0:01:52.960 --> 0:01:55.240 Are they going to get an electric shock or not? 0:01:55.600 --> 0:01:58.440 And I think people are waiting to see how people 0:01:58.480 --> 0:02:01.520 are being treated who cross the border. Are they being 0:02:01.600 --> 0:02:04.960 thrown into detention? Are they being allowed to be released? 0:02:05.160 --> 0:02:08.120 And I think as people start to see to the 0:02:08.240 --> 0:02:11.440 extent possible that there's not enough detention space to put 0:02:11.440 --> 0:02:14.000 everyone in the tension, I think you'll see an uptick 0:02:14.040 --> 0:02:17.560 on the numbers there. And I think people are also 0:02:18.080 --> 0:02:20.560 trying to see what this thing means that you're not 0:02:20.639 --> 0:02:24.799 eligible for asylum, and I think they don't really understand 0:02:24.880 --> 0:02:27.440 it quite yet. But what they figure out what that 0:02:27.520 --> 0:02:30.720 means is that many years down the road, your court 0:02:30.760 --> 0:02:33.280 case is going to be harder, but there's not really 0:02:33.280 --> 0:02:36.720 a bar per se on bringing you into the country. 0:02:37.360 --> 0:02:39.880 I think you'll see these numbers increase. But for what 0:02:39.919 --> 0:02:42.480 you're seeing right now for the moment is sort of 0:02:42.480 --> 0:02:46.000 a feeling out process because people don't really understand the 0:02:46.440 --> 0:02:49.600 incentive structure and what is the best way to operate 0:02:49.639 --> 0:02:51.480 within this current incentive structure. 0:02:52.480 --> 0:02:56.680 So explain what the Biden plan is or what the 0:02:56.800 --> 0:02:59.399 enforcement mechanisms in place are. 0:03:00.080 --> 0:03:03.320 The Biden Plan is trying to provide what's called a 0:03:03.440 --> 0:03:06.960 carrot and six approach and what it's trying to say, 0:03:07.040 --> 0:03:09.239 And of course all of this is subject to litigation, 0:03:09.400 --> 0:03:12.480 but let's just say with what their ideal plan would be. 0:03:12.520 --> 0:03:16.160 If nothing was enjoyed by the court, their ideal plan 0:03:16.200 --> 0:03:19.600 would be on the carrot end. There's two ways to 0:03:19.680 --> 0:03:23.279 access carrots. Number one is to get an appointment online 0:03:23.360 --> 0:03:25.280 to go to a port of entry and ask for 0:03:25.360 --> 0:03:28.040 asylum at the port of entry. And the reason for 0:03:28.120 --> 0:03:31.600 that is because if you cross in between the ports illegally, 0:03:31.960 --> 0:03:34.720 you create much more strain on the system. You have 0:03:34.800 --> 0:03:37.200 to have border patrol people come and get you and 0:03:37.280 --> 0:03:39.400 put you in a detention facility, and they don't know 0:03:39.400 --> 0:03:41.920 how many people are coming and they can't plan for it. 0:03:41.960 --> 0:03:45.800 Whereas if you access the system legally, we know on 0:03:45.880 --> 0:03:48.000 any given day there's going to be this many people 0:03:48.000 --> 0:03:50.360 that come through per day. They're going to be coming 0:03:50.360 --> 0:03:52.600 in through these ports, and then they can be planned for. 0:03:52.840 --> 0:03:55.520 So the idea is, do that and you'll be able 0:03:55.560 --> 0:03:58.440 to access the asylum system if you actually have a 0:03:58.480 --> 0:04:02.440 credible fear of person secution in your home country. Alternatively, 0:04:03.040 --> 0:04:05.920 you can apply at least for so long as it exists, 0:04:05.920 --> 0:04:08.560 which might be another month or so, or maybe the 0:04:08.600 --> 0:04:11.320 court will rule that Bison can do this. But for 0:04:11.400 --> 0:04:15.200 these thirty thousand parole slots per month from Venezuela, let 0:04:15.280 --> 0:04:18.279 you buy Nicaragua and Haiti, and if you apply for 0:04:18.320 --> 0:04:23.320 those parole slots, then you can actually access the system 0:04:23.360 --> 0:04:26.640 legally without even needing an asylum plane. You just get 0:04:26.680 --> 0:04:29.160 into one of the slots and you can come into 0:04:29.160 --> 0:04:32.559 the United States, or you can make an asilent claim 0:04:32.560 --> 0:04:35.280 at one of these two processing sensors that's opening up 0:04:35.320 --> 0:04:40.080 either in Colombia or in Central America, and in those sensors, 0:04:40.080 --> 0:04:42.560 you can make your claim, and if you have a 0:04:42.640 --> 0:04:45.400 legitimate asylum plane, you can be brought into the United 0:04:45.440 --> 0:04:48.479 States as a refugee. You automatically win your case. You 0:04:48.480 --> 0:04:51.640 don't even need to go into court in that situation. 0:04:52.000 --> 0:04:55.280 And so those are the ideas and as opposed to that, 0:04:55.360 --> 0:04:58.680 if you cross illegally without any announcement or any permission, 0:04:58.960 --> 0:05:03.640 then what the Biden administration will do is theoretically, the 0:05:03.640 --> 0:05:05.799 threat of the terrence that they're putting is they're saying 0:05:06.240 --> 0:05:09.920 you won't be able to access the asylum system, which 0:05:09.960 --> 0:05:11.919 doesn't mean you can't say it just means you have 0:05:11.960 --> 0:05:15.600 a harder evidentiary burden to get this thing called withholding 0:05:15.640 --> 0:05:18.880 of removal, which doesn't give you a past to citizenship. 0:05:18.920 --> 0:05:22.200 It just allows you to stay temporarily while the conditions 0:05:22.200 --> 0:05:26.080 in your country remain dangerous to you. And that's all 0:05:26.120 --> 0:05:27.440 you're going to be able to get, which means you 0:05:27.480 --> 0:05:30.080 can't position for any family members, you won't ever be 0:05:30.080 --> 0:05:32.320 able to access a green card or be able to 0:05:32.360 --> 0:05:34.120 get any of the benefits that come with a green 0:05:34.200 --> 0:05:37.520 card or citizenship. And the question is how much of 0:05:37.520 --> 0:05:41.440 a long term deterrent is going to be versus if 0:05:41.480 --> 0:05:45.280 people don't have access to these other carrots, either because 0:05:45.279 --> 0:05:48.440 they get taken away from the courts or what happens 0:05:48.520 --> 0:05:51.600 is that there's too few carrots and too many people. 0:05:52.080 --> 0:05:54.000 They may just say, you know what, the fact that 0:05:54.040 --> 0:05:56.760 I could just come into America and wait six years 0:05:56.760 --> 0:05:59.520 for a coordinate is good enough for me. If six 0:05:59.560 --> 0:06:02.480 years later I can't get asylum, we'll deal with that then. 0:06:02.640 --> 0:06:05.800 And so that's the question. I think everybody's waiting to 0:06:05.839 --> 0:06:08.479 see how that shakes out on the border for the 0:06:08.520 --> 0:06:09.239 next few weeks. 0:06:09.560 --> 0:06:16.960 So the credible fear interview, does every migrant from let's say, Haiti, Venezuela, 0:06:17.040 --> 0:06:19.400 do they all pass the credible fear interview? 0:06:19.839 --> 0:06:23.640 Because you have to be able to articulate a fear 0:06:23.760 --> 0:06:27.000 from one of those countries that's based on your race, 0:06:27.080 --> 0:06:30.880 your religion, your nationality, your social group, or your political opinion. 0:06:31.040 --> 0:06:37.000 So at least from Cuba, Venezuela, and Nicaragua, those currently 0:06:37.040 --> 0:06:41.160 have repressive governments. So if you articulate anything like I'm 0:06:41.200 --> 0:06:45.279 a political dissident, they know me and they're gonna arrest 0:06:45.320 --> 0:06:48.359 me if I come back because I was participating in 0:06:48.560 --> 0:06:51.200 x y or z protest. That's going to be enough 0:06:51.200 --> 0:06:54.080 to get you through the credible fear screening. For Haiti, 0:06:54.120 --> 0:06:57.160 it's a little bit tougher because the idea is that 0:06:57.279 --> 0:07:01.440 the political persecution is not necessarily the problem there. So 0:07:01.480 --> 0:07:03.960 you'd have to say that there were some gang or 0:07:04.000 --> 0:07:07.839 rebel paramilitary force or something like that that was trying 0:07:07.880 --> 0:07:11.200 to persecute you for some reasons. And so those are 0:07:11.320 --> 0:07:13.840 harder claims to make on the Haitian side. But the 0:07:13.880 --> 0:07:16.600 problem is on the Haitian side, even if you can't 0:07:16.640 --> 0:07:19.440 make that claim, there's only so few people that were 0:07:19.480 --> 0:07:22.760 being allowed to remove the Haiti right now, and so 0:07:23.160 --> 0:07:26.560 that's an issue of still people potentially being released just 0:07:26.560 --> 0:07:30.119 because there's not enough life and plots to remove people 0:07:30.160 --> 0:07:30.640 to Haiti. 0:07:31.080 --> 0:07:35.520 Let's talk about the lawsuits in Florida. The US is 0:07:35.680 --> 0:07:39.200 in litigation about whether it can release migrants without what's 0:07:39.280 --> 0:07:42.520 called unnoticed to appear. So what they've been doing is 0:07:42.600 --> 0:07:46.920 just releasing migrants from custody with instructions to report an 0:07:46.920 --> 0:07:50.280 immigration office in sixty days. Do they come back? 0:07:50.760 --> 0:07:53.000 Well, so we've gone through this, June. I don't know 0:07:53.000 --> 0:07:56.960 if you recall there's been two Supreme Court cases in 0:07:57.000 --> 0:08:00.400 the last two years shockingly enough, on the civil issue 0:08:00.440 --> 0:08:03.200 of whether when you get your notice for your hearing, 0:08:03.600 --> 0:08:05.720 does it have to have the correct date and time 0:08:05.760 --> 0:08:06.320 on it? I don't know. 0:08:06.320 --> 0:08:08.880 If you're ready, yes, I definitely do recall it. 0:08:09.320 --> 0:08:11.720 And so this issue has gone twice to the Supreme Court. 0:08:11.800 --> 0:08:14.480 Has created a major problem for the people down at 0:08:14.480 --> 0:08:17.680 the southern border, because how the heck are they supposed 0:08:17.680 --> 0:08:20.720 to know what the correct date and time should be 0:08:20.800 --> 0:08:23.360 for a hearing because they don't even know where what 0:08:23.520 --> 0:08:25.880 cities people are going to end up in, and so 0:08:25.920 --> 0:08:29.360 it becomes very complicated. So what the Border Patrol has 0:08:29.440 --> 0:08:32.040 wanted to do is to say, look, don't make this 0:08:32.240 --> 0:08:35.439 our problem, because we're not good at this. We can't 0:08:35.440 --> 0:08:38.560 figure out all the court systems and what date and 0:08:38.600 --> 0:08:41.720 what times and what cities because half of the folks 0:08:41.720 --> 0:08:43.600 don't even know where they're going to end up. And 0:08:43.679 --> 0:08:46.720 so from that perspective, what we want to do is 0:08:47.280 --> 0:08:50.240 give them an opportunity to get their bearings and then 0:08:50.280 --> 0:08:54.680 come back and report and get their date and time 0:08:54.760 --> 0:08:57.280 for their hearing. Now, of course, the problem is how 0:08:57.280 --> 0:08:59.480 many people are going to do that, get their bearing 0:08:59.800 --> 0:09:02.960 and voluntarily go to an ice second sixty years later 0:09:03.520 --> 0:09:05.240 at the city they end up in. I mean, it's 0:09:05.240 --> 0:09:09.240 a credible point to say that only the best intention 0:09:09.480 --> 0:09:12.000 the people are going to actually do that. And so 0:09:12.360 --> 0:09:14.400 it's really a damned if you do, damns if you 0:09:14.400 --> 0:09:18.760 don't situation, because yes, you can release people with a 0:09:18.840 --> 0:09:21.839 hearing notice, and that hearing notice ninety nine out of 0:09:21.880 --> 0:09:24.960 one hundred times is going to be worthless because it's 0:09:25.000 --> 0:09:27.480 going to be for a city that the people aren't 0:09:27.480 --> 0:09:31.000 even living in, and one day they're going to be 0:09:31.000 --> 0:09:33.360 in assentia in the court. They're not going to show 0:09:33.440 --> 0:09:36.680 up for their hearing, and many years later they'll be 0:09:36.760 --> 0:09:39.160 apprehended and strike to be deported and they'll say, I 0:09:39.200 --> 0:09:42.280 never got notice of my hearing. I didn't live in Toledo. 0:09:42.720 --> 0:09:45.720 I lived in Chicago, did Why did they assign me 0:09:45.800 --> 0:09:49.200 for Toledo. So the point is it's really about what 0:09:49.440 --> 0:09:52.880 is most effective to get people through the system, and 0:09:53.679 --> 0:09:56.600 Florida has taken the position at least get people a 0:09:56.679 --> 0:10:00.520 hearing date and a notice, and ICE is saying this 0:10:00.679 --> 0:10:03.440 is taking us too long. People are in detention. Sells 0:10:03.600 --> 0:10:06.840 huge overcrowd itself with fifty people in one toilet, while 0:10:06.840 --> 0:10:09.439 we're trying to figure this out, and it's not really, 0:10:09.520 --> 0:10:13.320 in the end, any more effective at creating the terrens 0:10:13.960 --> 0:10:17.600 than having the people show up to the ICE situations, 0:10:17.640 --> 0:10:20.439 because if these notices are useless, then they're just as 0:10:20.520 --> 0:10:23.040 useless as people not showing up to the ICE checkert. 0:10:23.360 --> 0:10:25.880 And so this is the tension on both sides of 0:10:25.920 --> 0:10:26.440 the argument. 0:10:26.920 --> 0:10:29.720 So leone tell us what the judge did that Florida case. 0:10:30.200 --> 0:10:33.360 What the Florida judge did is said, look, I recognize 0:10:34.120 --> 0:10:38.079 all of the practical and logistical concerns that you're saying, 0:10:38.480 --> 0:10:40.480 but at the end of the day, I cannot let 0:10:40.559 --> 0:10:44.720 you release people without giving them The law says what 0:10:44.760 --> 0:10:47.719 the law says. When the Attorney General is what it 0:10:47.760 --> 0:10:50.240 says in the statue, but now it's really the Secretary 0:10:50.240 --> 0:10:55.199 of Homeland Security encounters a person without status. They must 0:10:55.200 --> 0:10:58.840 detain the person, the statue says, must must detain the 0:10:58.880 --> 0:11:02.440 person and play them in removal proceedings, and then after 0:11:02.520 --> 0:11:06.120 that can make a decision about releasing them while the 0:11:06.160 --> 0:11:10.040 proceedings are pending. But they can't just ignore the person 0:11:10.280 --> 0:11:14.040 who's an undocumented status or parole the person in a 0:11:14.120 --> 0:11:16.680 documented status. Here's the question that's going to be the 0:11:16.679 --> 0:11:19.280 one that goes to the Supreme Court is can they 0:11:19.320 --> 0:11:23.520 parole the person? The Supreme Court hasn't said. The federal 0:11:23.559 --> 0:11:26.720 government thinks they can. This judge thinks that that's arbitrary 0:11:26.760 --> 0:11:30.400 and capricious, that you can't use parole as a way 0:11:30.440 --> 0:11:35.439 to enmas circumvent the requirement that's in the statute that 0:11:35.480 --> 0:11:39.640 when the government encounters an undocumented person, they have to 0:11:39.720 --> 0:11:42.160 detain them and place them in removal proceeding. You know, 0:11:42.200 --> 0:11:45.559 you could do parole on an individual, case by case basis, 0:11:45.760 --> 0:11:48.920 but when you do a whole system that's designed to 0:11:49.000 --> 0:11:53.080 circumvent this requirement, that that's arbitrary and capricious under the 0:11:53.080 --> 0:11:56.079 Administrative Procedure Act. So you can't do that. You can't 0:11:56.280 --> 0:12:00.840 just have an entire workaround for administrative convenience. And so 0:12:00.960 --> 0:12:04.360 that's what the judge in Florida said. The judge was 0:12:04.440 --> 0:12:07.280 going to save his own decision, but didn't in the end, 0:12:07.600 --> 0:12:10.520 now has kept it going. The Eleventh Circuit hasn't overturned 0:12:10.520 --> 0:12:14.360 it yet. So for the moment, the Biden administration is 0:12:14.360 --> 0:12:17.520 going to have to when it detains these individuals, keep 0:12:17.559 --> 0:12:20.319 them in the CDP holding cells until it can figure 0:12:20.360 --> 0:12:23.480 out what time and date to put on the hearing notice, 0:12:23.559 --> 0:12:26.200 to give them the hearing notice to have them go 0:12:26.240 --> 0:12:28.760 on to the next step of the process, which is 0:12:28.800 --> 0:12:30.719 the removal preceding process. 0:12:31.120 --> 0:12:36.280 The ACLU is trying to block Homeland Security from implementing 0:12:36.320 --> 0:12:41.200 Biden's policy, saying it closely resembles a Trump administration's policy 0:12:41.240 --> 0:12:43.000 that a court blocked. Tell me about that. 0:12:44.040 --> 0:12:47.319 So this is a very fascinating issue between two statues 0:12:47.800 --> 0:12:51.560 that are both legal and both conflict with one another. 0:12:51.760 --> 0:12:55.040 So what statued win? Oh, here are the two arguments. 0:12:55.080 --> 0:12:57.839 And this is the same argument in the Trump administration, 0:12:58.480 --> 0:13:00.760 and we didn't get to the Supreme so we don't know. 0:13:01.040 --> 0:13:03.319 So here are the two arguments. On one aspect of 0:13:03.360 --> 0:13:07.240 the asylum statue, it very clearly says that anybody in 0:13:07.280 --> 0:13:09.520 the US, no matter how they got here, can apply 0:13:09.640 --> 0:13:12.840 for asylum. And so the idea is because the statue 0:13:12.880 --> 0:13:16.400 specifically says that, the ACLU is saying you can't ban 0:13:16.559 --> 0:13:21.680 someone from accessing the asylum system because they came here 0:13:21.720 --> 0:13:24.520 in between the ports of entry illegally. The whole point 0:13:24.600 --> 0:13:27.640 is the statue specifically said that they can do that, 0:13:28.120 --> 0:13:31.280 and so why would you ban that? And then there's 0:13:31.360 --> 0:13:34.240 another part of the statute that says, here are all 0:13:34.280 --> 0:13:37.600 the reasons you can be banned from getting asylum, and 0:13:37.679 --> 0:13:40.800 it lays out that you committed a significant crime, that 0:13:40.880 --> 0:13:43.480 you persecuted other people. There's a whole list. But then 0:13:43.520 --> 0:13:47.120 there's a catchall that says the Secretary of Homeland Security 0:13:47.160 --> 0:13:51.400 can add by regulation additional factors. And so the question 0:13:51.559 --> 0:13:56.320 is can this factor be added as an additional factor 0:13:56.920 --> 0:13:59.400 or can it not be added as an additional factor 0:13:59.480 --> 0:14:02.720 banning p perform asylum. And that's really the question. 0:14:02.840 --> 0:14:05.160 At the end of the day, I want to talk about. 0:14:04.920 --> 0:14:09.560 The situation in New York. Mayor Adams bashed the White 0:14:09.640 --> 0:14:13.440 House and congressional Republicans early this month over the situation, 0:14:14.040 --> 0:14:16.440 saying that it shouldn't be the cities that have to 0:14:16.480 --> 0:14:20.320 deal with this, the federal government should be intervening to help. 0:14:20.600 --> 0:14:23.480 I mean, the problem is the confluence of factors that 0:14:23.560 --> 0:14:25.800 have very little here to do with the federal government. 0:14:25.880 --> 0:14:29.080 You have state paying for people to take buses to 0:14:29.200 --> 0:14:32.120 New York City and other cities, so then people arrive 0:14:32.200 --> 0:14:34.600 at the bus stations, and then the question is if 0:14:34.600 --> 0:14:37.040 people do not have a home in New York City, 0:14:37.400 --> 0:14:40.720 what do you do with suddenly seventy five people who 0:14:40.880 --> 0:14:42.840 just arrived at a bus station who have nowhere to 0:14:42.880 --> 0:14:46.280 go and no money. And so that's the talent. And 0:14:46.360 --> 0:14:49.840 so from the New York City perspective, they have two 0:14:50.120 --> 0:14:54.040 places they can go. They can either house people until 0:14:54.080 --> 0:14:57.080 they figure out Plan B, or they can create a 0:14:57.240 --> 0:15:01.920 much more robust logistics network to figure out where the 0:15:01.920 --> 0:15:06.840 final destinations of these individuals was. Because very few people 0:15:06.920 --> 0:15:10.200 don't have someplace somebody who told them when you get 0:15:10.240 --> 0:15:13.800 to America, contacts this person, and then they'd have to 0:15:13.800 --> 0:15:17.360 pay for the transportation logistics to get the person to 0:15:17.520 --> 0:15:21.120 that location. Now, people may say, well that's expensive getting 0:15:21.120 --> 0:15:24.200 a person get another flight or a bus or something else, 0:15:24.360 --> 0:15:26.920 but it's far more expensive to house people for weeks 0:15:26.920 --> 0:15:30.280 and weeks at hotels. So I think if the Adams 0:15:30.320 --> 0:15:34.080 administration wants to get out from under housing people, then 0:15:34.120 --> 0:15:36.680 the way to do this is to have a very 0:15:36.800 --> 0:15:42.040 robust transportation logistics framework immediately where people the second they 0:15:42.040 --> 0:15:46.400 get off the bus are basically asked where is the 0:15:46.520 --> 0:15:49.520 address you're trying to get to and get people as 0:15:49.560 --> 0:15:51.840 close to that address as possible. I mean, you don't 0:15:51.880 --> 0:15:54.960 have to take people door to door, but get people 0:15:55.400 --> 0:15:58.280 closer to those locations, whether it be by bus or 0:15:58.360 --> 0:16:02.000 train or a plane, and at least that way you're 0:16:02.000 --> 0:16:05.280 not paying for housing in that situation. If you built 0:16:05.840 --> 0:16:10.120 with city employees, basically what the equivalent would be of 0:16:10.160 --> 0:16:14.760 some sort of rapid response travel task force that would 0:16:14.840 --> 0:16:18.400 get the logistics of where the people wanted to go, 0:16:18.800 --> 0:16:21.600 and you would say, look, there's no way you came 0:16:21.760 --> 0:16:25.040 into the United States with literally zero people that you know. 0:16:25.560 --> 0:16:28.400 You have to know somebody, and in fact, everybody knows 0:16:28.640 --> 0:16:30.440 who's coming to the United States. That one of the 0:16:30.480 --> 0:16:33.040 factors in whether you will say in detention or not 0:16:33.840 --> 0:16:35.920 is if you don't have an address of a place 0:16:35.920 --> 0:16:38.560 where you say you're going to go. So almost everybody 0:16:38.560 --> 0:16:41.400 knows they have to have an address of some contact person, 0:16:41.880 --> 0:16:44.800 and so the question is what is that contact address 0:16:44.840 --> 0:16:48.240 that's been given Get people to that contact address. 0:16:48.600 --> 0:16:51.320 So in order to be let out attention, you have 0:16:51.400 --> 0:16:53.400 to have an address. So the people who are being 0:16:53.440 --> 0:16:55.720 bussed up actually have an address. 0:16:56.400 --> 0:16:58.680 They have an address that they've given to the federal 0:16:58.720 --> 0:17:01.480 government as the kind of tax address where they're going 0:17:01.560 --> 0:17:04.119 to be able to have mail sense to them. At 0:17:04.200 --> 0:17:07.680 least theoretically at the beginning of this until they theoretically 0:17:07.720 --> 0:17:10.440 filing change of address. Now, how many people do that 0:17:10.920 --> 0:17:13.560 is a question that's up for debate because the stats 0:17:13.560 --> 0:17:15.800 are very difficult to keep on these things. You don't 0:17:15.840 --> 0:17:18.840 know until you know someone doesn't show up the court. 0:17:18.920 --> 0:17:20.920 That's when you find out they didn't file the change 0:17:20.920 --> 0:17:24.040 of address. So it's hard to know exactly what the 0:17:24.040 --> 0:17:27.040 statistic how many people are filing them or not filing them. 0:17:27.400 --> 0:17:30.199 But there is an address that people are giving to 0:17:30.200 --> 0:17:33.199 get out from under detention, and so the question is 0:17:33.200 --> 0:17:35.240 if you're giving an address, then you should have to 0:17:35.240 --> 0:17:37.560 be prepared to be transported to that address. 0:17:37.720 --> 0:17:41.680 So why can't the federal government then transport the migrants 0:17:41.840 --> 0:17:43.960 to the states where they have the address. 0:17:44.680 --> 0:17:47.200 Well, I think what's happening is that they're being short 0:17:47.280 --> 0:17:51.119 circuited by Texas and maybe now Florida, who's actually just 0:17:51.160 --> 0:17:53.560 putting people on buses just to put them on buses, 0:17:54.040 --> 0:17:58.119 and so it's creating a distortion from where people should 0:17:58.119 --> 0:18:00.600 be going. But how do you deal with that? And 0:18:00.680 --> 0:18:02.520 so either the federal government is going to have to 0:18:02.520 --> 0:18:06.119 get much more involved in the logistics of this. So 0:18:06.200 --> 0:18:08.560 I have to not let Texas and Florida and others 0:18:08.560 --> 0:18:12.040 put people on buses, or the cities are going to 0:18:12.119 --> 0:18:15.520 have to themselves get involved in the transportation logistics of this. 0:18:15.960 --> 0:18:18.400 You know, there are some issues in the immigration sphere 0:18:18.720 --> 0:18:21.439 where all of your solutions are bad. So I'll give 0:18:21.440 --> 0:18:24.480 you an example of this. Everybody who talks about well, 0:18:24.520 --> 0:18:27.280 the way you solve the immigration problem is, you know, 0:18:27.400 --> 0:18:30.840 attack the root causes of immigration. People keep saying this. 0:18:31.160 --> 0:18:33.000 Every time I tuck to you June, for the last 0:18:33.040 --> 0:18:35.119 few years, I said the same thing to you, which is, 0:18:35.359 --> 0:18:37.719 how do you do that? There's like twenty country sending 0:18:37.760 --> 0:18:40.040 people right now, what does that even mean? You know, 0:18:40.400 --> 0:18:44.400 attack the root causes. From that standpoint, that's nonsense. That's 0:18:44.440 --> 0:18:47.879 an unsolvable problem that people are sending people here. But 0:18:48.040 --> 0:18:51.359 it's definitely a solvable problem that people are showing up 0:18:51.400 --> 0:18:53.800 to New York City and have nowhere to go. So 0:18:53.840 --> 0:18:56.720 the question is do you solve that at the Texas 0:18:56.720 --> 0:18:59.800 border or do you solve that somewhere else. That's going 0:18:59.840 --> 0:19:02.040 to be up to the federal government working with these 0:19:02.080 --> 0:19:05.879 cities to figure out who they want to be responsible 0:19:06.000 --> 0:19:09.439 for getting people to the address that they said was 0:19:09.480 --> 0:19:12.800 their address. I mean, what the federal government appears to 0:19:12.880 --> 0:19:18.200 have done is to up the SIMA emergency shelter brands 0:19:18.200 --> 0:19:21.480 to the cities by three hundred million dollars, which leads 0:19:21.480 --> 0:19:24.000 me to belief that they want the cities solving it 0:19:24.040 --> 0:19:26.920 on their end rather than having the federal government get 0:19:26.960 --> 0:19:27.520 involved in this. 0:19:27.880 --> 0:19:29.800 As always, it's a pleasure to have you on Leon. 0:19:29.880 --> 0:19:33.520 Thanks so much. That's Leon Fresco, a Partnert hollanden Knight. 0:19:36.400 --> 0:19:39.440 In a case that could help determine which party controls 0:19:39.480 --> 0:19:42.520 the House over the next decade, the Supreme Court will 0:19:42.560 --> 0:19:47.440 consider reinstating a Republican drawn congressional map in South Carolina. 0:19:47.960 --> 0:19:50.959 The Justice has said they'd review a lower court ruling 0:19:51.000 --> 0:19:54.399 that found a coastal district running from Charleston to Hilton 0:19:54.480 --> 0:19:58.160 Head was intentionally redrawn to reduce the number of black 0:19:58.240 --> 0:20:01.560 voters and to make it more like that Republican candidates 0:20:01.560 --> 0:20:05.120 would win. Joining me is elections law expert Richard Brofald, 0:20:05.280 --> 0:20:09.320 a professor at Columbia Law School. A federal three judge 0:20:09.359 --> 0:20:13.840 panel said the strategies in drawing this South Carolina district's 0:20:13.920 --> 0:20:19.919 boundaries had unconstitutionally exiled thirty thousand black voters. Tell us 0:20:19.960 --> 0:20:21.880 what the federal panel found. 0:20:22.359 --> 0:20:24.960 Well, basically that this was part of the twenty twenty 0:20:25.040 --> 0:20:28.800 two redistricting in South Carolina. The district involved is basically 0:20:28.840 --> 0:20:32.119 the win around the Charleston area, and the court found 0:20:32.400 --> 0:20:35.240 a panel in the legislature had redrawn the lines. So 0:20:35.280 --> 0:20:37.560 it's to remove about thirty thousand black voters from the 0:20:37.600 --> 0:20:40.800 district and put them in an adjacent district, which would 0:20:40.840 --> 0:20:43.720 have the effect also but basically making it a more 0:20:44.040 --> 0:20:45.240 republican district. 0:20:45.400 --> 0:20:48.800 Tell us the history of this district. It's consistently elected 0:20:48.800 --> 0:20:51.800 Republicans for almost four decades. 0:20:51.640 --> 0:20:54.919 But a Democrat won in twenty eighteen, and then Republicans 0:20:54.920 --> 0:20:56.880 took it back in twenty twenty, but by a very 0:20:56.960 --> 0:20:59.639 narrow margin. So I think one of the ideas he 0:20:59.720 --> 0:21:01.440 was to make it more safety Republican. 0:21:01.880 --> 0:21:05.119 The NAACP said, a person can't drive from one end 0:21:05.160 --> 0:21:07.960 of the coastal district to another without going through the 0:21:08.040 --> 0:21:09.720 neighboring sixth the district. 0:21:10.359 --> 0:21:12.280 Well, the way the lines are drawn is that, in fact, 0:21:12.440 --> 0:21:15.160 there were like tentacles from that kind of project from 0:21:15.160 --> 0:21:17.840 one of the jacent districts into this district, and so 0:21:18.280 --> 0:21:21.520 it was a departure from the traditional boundaries of this district. 0:21:21.760 --> 0:21:26.160 Although the district I think presumably satisfies the standard requirements 0:21:26.520 --> 0:21:29.280 of it being contiguous to presuming you can go from 0:21:29.280 --> 0:21:31.000 one part to any other part of the district, but 0:21:31.040 --> 0:21:33.680 it could also be the easier way to go from 0:21:33.720 --> 0:21:35.800 one part to the other is to go through the 0:21:35.840 --> 0:21:36.760 neighboring district. 0:21:37.359 --> 0:21:42.560