1 00:00:00,040 --> 00:00:03,720 Speaker 1: Bloomberg Law with June Grosso and Michael Best on demand 2 00:00:03,800 --> 00:00:06,800 Speaker 1: via our Bloomberg Radio Plus app free for iPhone and 3 00:00:06,800 --> 00:00:10,080 Speaker 1: Android devices. Well, now it's time for our daily Bloomberg 4 00:00:10,160 --> 00:00:13,200 Speaker 1: Law Brief, exploring legal issues in the news. Today, Bloomberg 5 00:00:13,280 --> 00:00:15,920 Speaker 1: Law host June Grosso and Greg Stewart discussed as a 6 00:00:16,040 --> 00:00:20,960 Speaker 1: Rereme Court case which concerns the constitutionality of immigrant detention. 7 00:00:21,320 --> 00:00:24,200 Speaker 1: They speak with Niel's friends In, director of the Immigration 8 00:00:24,239 --> 00:00:28,160 Speaker 1: Clinic at USC School of Law, and John Fear, legal 9 00:00:28,200 --> 00:00:32,239 Speaker 1: policy analyst at the Center for Immigration Studies. John, if 10 00:00:32,280 --> 00:00:34,400 Speaker 1: I can start with you just can you just give 11 00:00:34,479 --> 00:00:38,159 Speaker 1: us a brief summary of what the Appeals Court decided 12 00:00:38,200 --> 00:00:41,680 Speaker 1: in this case. Yeah, Basically, what the a CLU was asking. 13 00:00:41,760 --> 00:00:44,800 Speaker 1: What the Ninth Circuit decided was that the government must 14 00:00:44,840 --> 00:00:49,840 Speaker 1: provide individualized bond hearings to assess the danger and flight 15 00:00:49,960 --> 00:00:53,840 Speaker 1: risk for individual who has in detention when that comes 16 00:00:53,920 --> 00:00:56,920 Speaker 1: up to six months, and then every six months thereafter. 17 00:00:57,080 --> 00:01:01,400 Speaker 1: The argument is that a person would be detained for 18 00:01:01,480 --> 00:01:05,120 Speaker 1: a lengthy period of time. Nails tell us about the 19 00:01:05,160 --> 00:01:09,160 Speaker 1: government's argument this case, Well, I mean, the government's argument 20 00:01:09,240 --> 00:01:14,640 Speaker 1: is based upon a Congressional statute um and there are 21 00:01:14,680 --> 00:01:19,520 Speaker 1: several statutes that issue that provide in certain circumstances for 22 00:01:19,680 --> 00:01:23,880 Speaker 1: mandatory detention without the ability of an immigration judge to 23 00:01:23,920 --> 00:01:28,720 Speaker 1: make an individualized determination regarding potential public safety risk or 24 00:01:28,880 --> 00:01:33,039 Speaker 1: or or flight risk. And the Ninth Circuit has said 25 00:01:33,120 --> 00:01:36,800 Speaker 1: that the governments the congressional statutes that issue could not 26 00:01:36,920 --> 00:01:41,400 Speaker 1: have intended to provide for indefinite detention without an individualized 27 00:01:41,440 --> 00:01:45,399 Speaker 1: hearing before a judge. John, there's a lot of statutory 28 00:01:45,440 --> 00:01:48,520 Speaker 1: complexity here, and there are different groups of people involved 29 00:01:48,520 --> 00:01:51,080 Speaker 1: in the case. Can you just lay out who they are? 30 00:01:51,120 --> 00:01:53,920 Speaker 1: There are legal permanent residents, there are people who are 31 00:01:54,600 --> 00:01:59,320 Speaker 1: in the country illegally, uh, and and describe whether those 32 00:01:59,360 --> 00:02:02,280 Speaker 1: should be treating differently under the law, and people seeking 33 00:02:02,280 --> 00:02:05,080 Speaker 1: asylum as well. I think there's probably a stronger case 34 00:02:05,200 --> 00:02:09,119 Speaker 1: for individuals who are here legally as LPRs a legal 35 00:02:09,160 --> 00:02:12,760 Speaker 1: permanent residence. Um. But a stronger case you mean for 36 00:02:12,760 --> 00:02:15,240 Speaker 1: for for a bond hearing for a bond hearing, Yes, 37 00:02:15,360 --> 00:02:18,320 Speaker 1: But once you open that door, the problem is that 38 00:02:18,320 --> 00:02:21,200 Speaker 1: it starts to expand to every other category of of 39 00:02:21,320 --> 00:02:25,280 Speaker 1: non citizen. And that's really what this is about. UM. 40 00:02:25,400 --> 00:02:28,600 Speaker 1: The government, the administration, the abom administration is concerned about 41 00:02:28,639 --> 00:02:32,360 Speaker 1: the fact that if this were to move forward in 42 00:02:32,480 --> 00:02:34,840 Speaker 1: the Supreme Court work to come out with the ruling, 43 00:02:35,280 --> 00:02:39,720 Speaker 1: it would effectively be rewriting immigration law and removing a 44 00:02:39,760 --> 00:02:44,680 Speaker 1: lot of the UH political branches plantary power over immigration 45 00:02:44,760 --> 00:02:47,119 Speaker 1: away from them, away from the executive branch, away from 46 00:02:47,160 --> 00:02:51,520 Speaker 1: the legislative branch. And that's John Fear, a legal policy 47 00:02:51,520 --> 00:02:54,680 Speaker 1: analyst at the Center for Immigration Studies and Neil's Friends 48 00:02:54,720 --> 00:02:58,160 Speaker 1: and director of the Immigration Clinic at USC School of Law, 49 00:02:58,400 --> 00:03:01,120 Speaker 1: speaking with Bloomberg Law how student Rasso and Greg's store. 50 00:03:01,360 --> 00:03:03,600 Speaker 1: You can listen to Bloomberg Law weekdays at one pm 51 00:03:03,600 --> 00:03:07,160 Speaker 1: Wall Street Time here on Bloomberg Radio and now among 52 00:03:07,160 --> 00:03:10,280 Speaker 1: the top legal stories from Bloomberg Law. Billionaire Steve Cohen 53 00:03:10,360 --> 00:03:13,320 Speaker 1: has acted to close the book on the last insider 54 00:03:13,360 --> 00:03:16,920 Speaker 1: trading claim facing his old firm, S A C. Capital Advisors. 55 00:03:17,240 --> 00:03:19,359 Speaker 1: Cohen and the firm will pay a hundred thirty five 56 00:03:19,360 --> 00:03:23,320 Speaker 1: million dollars to a group of Elon Corporation investors. Shareholders 57 00:03:23,360 --> 00:03:26,320 Speaker 1: had claimed they lost money because of insider trading in 58 00:03:26,480 --> 00:03:29,720 Speaker 1: Elan shares. A federal judge still has to sign off 59 00:03:30,000 --> 00:03:33,400 Speaker 1: on the settlement, and that's this morning's Bloomberg lawn Reef. 60 00:03:33,480 --> 00:03:35,880 Speaker 1: You can find more legal news at Bloomberg Law dot 61 00:03:35,880 --> 00:03:39,280 Speaker 1: com and Bloomberg BNA dot com. Attorneys will find exceptional 62 00:03:39,360 --> 00:03:42,560 Speaker 1: legal research and business development tools there as well. 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