WEBVTT - Judge Blocks Key Migrant Asylum Rule 0:00:03.200 --> 0:00:08.000 This is Bloomberg Law with June Brusso from Bloomberg Radio. 0:00:09.280 --> 0:00:12.800 As we have said multiple times, our border enforcement plan works. 0:00:12.840 --> 0:00:17.200 It is deterrence, a diplomacy and enforcement. We have seen 0:00:17.720 --> 0:00:20.599 that plan working on lawful border crossing have come down 0:00:20.640 --> 0:00:22.840 to the lowest that we have seen in the past 0:00:23.200 --> 0:00:23.800 two years. 0:00:24.200 --> 0:00:28.960 The Biden Administration's new enforcement plan to reduce illegal crossings 0:00:28.960 --> 0:00:32.400 on the US Mexico border does seem to be working, 0:00:32.880 --> 0:00:36.960 just as White House Press Secretary Kareem Jean Pierre said. However, 0:00:37.000 --> 0:00:40.320 that success played no part in a federal judge's decision 0:00:40.400 --> 0:00:43.920 on Tuesday to block the rule that denies asylum to 0:00:44.000 --> 0:00:48.000 migrants who arrive at the border without first applying online 0:00:48.200 --> 0:00:51.320 or seeking protection in a country they passed through. The 0:00:51.360 --> 0:00:54.880 Biden administration immediately appealed the judge's order, which is on 0:00:55.000 --> 0:00:58.920 hold for two weeks. Joining me is immigration law expert 0:00:59.000 --> 0:01:02.320 Leon Fresco, partner at Holland and Knight. How big a 0:01:02.360 --> 0:01:06.800 blow is Judge Tiger's decision to the Biden administration and 0:01:06.840 --> 0:01:08.920 its efforts to control the border. 0:01:09.400 --> 0:01:12.360 Well. If the decision is allowed to stand, it would 0:01:12.400 --> 0:01:16.280 be a significant blow to the Biden administration's ability to 0:01:16.319 --> 0:01:20.399 control the border, because right now the Biden administration is 0:01:20.480 --> 0:01:23.760 using what's called a carrots and six approach along the border, 0:01:24.120 --> 0:01:26.920 which is to say, here are the carrots. Either come 0:01:26.959 --> 0:01:30.160 in legally through one of our parole programs, or at 0:01:30.200 --> 0:01:32.640 least apply it to the ports of entry with an 0:01:32.680 --> 0:01:35.840 appointment at one of our ports so that we know 0:01:35.959 --> 0:01:38.919 you're coming and complain on it. But don't just walk 0:01:39.000 --> 0:01:42.360 in between the ports through the border illegally where we 0:01:42.400 --> 0:01:44.480 don't know how many people are coming on what date, 0:01:44.560 --> 0:01:47.520 We can't plan for it, and it creates chaos. And 0:01:47.560 --> 0:01:49.240 what it's saying is is if you do do that, 0:01:49.640 --> 0:01:52.800 we're going to ban you from getting asylum and place 0:01:52.880 --> 0:01:56.400 you in the expedited removal process. So most people so 0:01:56.600 --> 0:02:00.000 far have acted in accordance with this charts and stay 0:02:00.240 --> 0:02:03.480 approach and use the carrots space approach because they know 0:02:03.560 --> 0:02:06.720 that the sticks are there. If the sticks aren't taken away, 0:02:07.320 --> 0:02:10.560 it's unclear whether the benefits of the cats will still 0:02:10.720 --> 0:02:15.960 be sufficient to dissuade people from coming across the border illegally, 0:02:16.120 --> 0:02:19.080 and so if the decision is allowed to stand, it 0:02:19.200 --> 0:02:21.919 will be a big problem for the Biden administration. As 0:02:21.960 --> 0:02:24.880 soon as the weather becomes a little less hot on 0:02:24.919 --> 0:02:25.720 the southern border. 0:02:26.200 --> 0:02:29.680 The judge said that the rules were not lawful because 0:02:29.680 --> 0:02:34.120 they imposed conditions on asylum seekers that Congress did not intend. 0:02:34.320 --> 0:02:38.320 How So, there's actually two congressional statues and they're in 0:02:38.600 --> 0:02:41.960 one hundred percent tension with one another. There's a congressional 0:02:41.960 --> 0:02:44.679 statue which is pretty clear and is the one the 0:02:44.800 --> 0:02:48.720 judge is relying upon, which says that it doesn't matter 0:02:48.760 --> 0:02:52.919 whether you crossed legally or illegally, anybody inside the United 0:02:52.960 --> 0:02:56.920 States is eligible to apply for asylum. It is essentially 0:02:56.960 --> 0:03:00.040 written as clear as day that the fact that you 0:03:00.120 --> 0:03:04.720 crossed illegally cannot be held against you for applying for asylum. 0:03:04.919 --> 0:03:08.720 So people might think, well, that means case closed. You 0:03:08.760 --> 0:03:12.160 shouldn't be able to have an administration ban asylum for 0:03:12.320 --> 0:03:16.240 people who crossed illegally. But by the same token, there's 0:03:16.280 --> 0:03:21.720 another statute that Congress also wrote, which says that the 0:03:21.800 --> 0:03:27.200 administration can, as a matter of discretion, pick any factor 0:03:27.280 --> 0:03:30.400 that it wants to add to the list of reasons 0:03:30.440 --> 0:03:32.920 why you can be denied a sylum and it doesn't 0:03:32.919 --> 0:03:35.640 limit it in any way. And so hence, both the 0:03:35.680 --> 0:03:39.400 Trump administration and the Biden administration have said, well, we're 0:03:39.400 --> 0:03:42.760 going to use the factor that you've crossed illegally after 0:03:42.800 --> 0:03:45.440 being told not to do it, and in the Biden 0:03:45.480 --> 0:03:50.600 administration's case, after being given numerous legal alternatives of how 0:03:50.640 --> 0:03:52.880 to do it. So the point is, if you're choosing 0:03:52.920 --> 0:03:56.920 to brazenly cross illegally anyway, when there's a legal way 0:03:57.000 --> 0:03:59.560 to do it, we should be able to use this 0:03:59.600 --> 0:04:03.920 as a discretionary factor to deny you asylum. And so 0:04:04.000 --> 0:04:08.480 that was the Biden administration's argument. The judge here ruled, well, 0:04:08.680 --> 0:04:11.960 it's not exactly clear that everybody's going to be able 0:04:12.000 --> 0:04:15.080 to have an access point to asylum, and so because 0:04:15.120 --> 0:04:17.599 of that, then we are going to say that the 0:04:17.720 --> 0:04:21.400 statue where Congress says that you can't block asylum based 0:04:21.400 --> 0:04:25.000 on illegal entry is the one that's the winner here, 0:04:25.520 --> 0:04:28.320 and I'm going to prevent the Biden administration from having 0:04:28.360 --> 0:04:30.880 this stick that says don't cross illegally. 0:04:31.400 --> 0:04:34.200 The judge wrote that while they wait for an adjudication, 0:04:34.480 --> 0:04:38.279 applicants for asylum must remain in Mexico, where migrants are 0:04:38.320 --> 0:04:41.440 generally at heightened risk of violence by both state and 0:04:41.600 --> 0:04:45.400 non state actors. Is that true, Well. 0:04:45.160 --> 0:04:48.400 It depends how long it's going to take and under 0:04:48.440 --> 0:04:51.919 what conditions the person is waiting. It is true that 0:04:52.040 --> 0:04:56.440 the longer a person is waiting in Mexico and the 0:04:56.560 --> 0:05:00.479 less resources that the person has, this means it is 0:05:00.520 --> 0:05:02.719 more likely that something bad is going to happen to 0:05:02.720 --> 0:05:06.320 them in Mexico while they're waiting, which can include having 0:05:06.440 --> 0:05:10.159 just random street crime where the person's resources are taken 0:05:10.160 --> 0:05:13.279 away from this. That is very common in Mexico and 0:05:13.440 --> 0:05:16.080 is likely to occur to anybody who's just sitting around 0:05:16.080 --> 0:05:19.680 there waiting for months. So that's the question. It's sort 0:05:19.680 --> 0:05:23.200 of a really effectual question, which is the Biden administration 0:05:23.320 --> 0:05:25.839 tries to say, no, one's going to be lingering in 0:05:25.960 --> 0:05:29.200 Mexico waiting for an appointment at the port of entry, 0:05:29.520 --> 0:05:33.800 because we have sufficient number of appointments through our CBP 0:05:33.920 --> 0:05:37.799 one app and through the parole program. But the plane 0:05:37.800 --> 0:05:39.839 has said no, there are still people waiting and they're 0:05:39.839 --> 0:05:44.160 subject to danger. And so because they shouldn't be expected 0:05:44.200 --> 0:05:46.480 to have to wait and have to subject themselves to 0:05:46.520 --> 0:05:50.840 this danger, then again we're going to choose the part 0:05:50.839 --> 0:05:54.880 where Congress says you don't have to wait outside the 0:05:54.960 --> 0:05:57.720 United States. You can come in and apply for asylum, 0:05:58.160 --> 0:06:01.159 as opposed to saying that this is a permissible discretionary 0:06:01.279 --> 0:06:05.520 factor for an administration to use the ban people from 0:06:05.560 --> 0:06:08.400 seeking a silo, which is, hey, there's a legal way 0:06:08.440 --> 0:06:11.680 that we just created, use that. The only reason you 0:06:11.680 --> 0:06:14.360 would use the illegal way is because you're trying to 0:06:14.360 --> 0:06:17.440 cause problem for the US government. So the judge doesn't 0:06:17.440 --> 0:06:21.120 believe that. The judge believe someone using the illegal way 0:06:21.240 --> 0:06:24.160 might be just trying to protect their safety because they 0:06:24.160 --> 0:06:27.880 don't have a sufficiently quick pathway to avoid having to 0:06:27.920 --> 0:06:32.039 sit there in Mexico and potentially risk being in some 0:06:32.240 --> 0:06:34.600 way harmed by gang members or others. 0:06:35.000 --> 0:06:39.000 So leon is this Biden program similar to the Trump 0:06:39.040 --> 0:06:40.680 Remain in Mexico program? 0:06:41.160 --> 0:06:44.039 Well, it isn't it is. In this sense, Trump did 0:06:44.120 --> 0:06:49.520 not have a mechanism in play like the CBP one 0:06:49.600 --> 0:06:54.920 app and the parole program that was designed to legalize 0:06:54.960 --> 0:06:58.000 the flow so that they could make the argument that 0:06:58.080 --> 0:07:02.279 it would be a permissible discritiontionary reason to ban people 0:07:02.320 --> 0:07:05.400 from asylum that they were crossing across the border illegally. 0:07:05.760 --> 0:07:09.039 Meaning Trump just said stay out, and I'm allowed to 0:07:09.040 --> 0:07:11.280 tell people to stay out, and if they don't want 0:07:11.320 --> 0:07:14.200 to stay out and do it through Vexico. I'm allowed 0:07:14.200 --> 0:07:17.040 to ban them from seeking asylum. So he was making 0:07:17.120 --> 0:07:22.520 the A versus b one versus two binary analysis, and 0:07:22.640 --> 0:07:25.880 I banned some poken, I got banned people from asylum. 0:07:25.920 --> 0:07:29.480 He was trying to make that very binary analysis, whereas 0:07:29.600 --> 0:07:31.920 the Biden administration was saying, no, no, no, this is 0:07:31.960 --> 0:07:35.040 not a binary analysis. The reason ours is different is 0:07:35.080 --> 0:07:39.960 because every person can legally access our asylum system, and 0:07:40.040 --> 0:07:42.640 the only reason they would cross illegally is to cause 0:07:42.760 --> 0:07:46.360 problems for our US government. And if they're doing that intentionally, 0:07:46.680 --> 0:07:49.880 they should face the punishment of being banned from being 0:07:49.920 --> 0:07:52.640 able to speak a sylum. So that's the difference the 0:07:52.640 --> 0:07:56.520 Biden administration was trying to make. And the Biden administration 0:07:57.040 --> 0:08:00.840 reasoning was not viewed as credible by the Federal court 0:08:00.920 --> 0:08:01.360 judge here. 0:08:01.600 --> 0:08:05.520 So the Biden administration immediately appealed. The appeal will go 0:08:05.600 --> 0:08:08.120 to the Ninth Circuit, where would you say it may 0:08:08.160 --> 0:08:09.680 not farewell well. 0:08:09.760 --> 0:08:12.160 The Ninth Circuit is now a fifty to fifty court. 0:08:12.200 --> 0:08:15.080 It used to be considered a liberal court because it was. 0:08:15.400 --> 0:08:18.840 But President Trump actually was quite successful in putting in 0:08:18.960 --> 0:08:21.000 judges in the Ninth Circuit. So now it's a fifty 0:08:21.040 --> 0:08:24.040 to fifty court, it's a court with many judges, and 0:08:24.120 --> 0:08:27.320 so you could easily get three Trump appointees on a panel, 0:08:27.720 --> 0:08:30.440 or you could get three Biden appointees on a panel 0:08:30.480 --> 0:08:33.080 now or three Obama appointees on a panel. So you 0:08:33.120 --> 0:08:35.520 have no idea what kind of panel you're going to 0:08:35.600 --> 0:08:39.080 be able to get. And so from that standpoint, that's 0:08:39.120 --> 0:08:42.280 what's going to be complicated in terms of predicting the outcome. 0:08:42.360 --> 0:08:46.400 But I will say this, the Trump administration had in 0:08:46.440 --> 0:08:49.320 this litigation, been able to make some headway in the 0:08:49.400 --> 0:08:52.200 Ninth Circuit. They were able to get this decision from 0:08:52.280 --> 0:08:55.800 the same judge as Tigaer overturned, and it was working 0:08:55.880 --> 0:08:58.600 its way up to the Supreme Court before the Trump 0:08:58.640 --> 0:09:01.240 administration ended. I don't know how this case would have 0:09:01.240 --> 0:09:05.240 been resolved, but what I imagine what happened here is 0:09:05.240 --> 0:09:07.880 that the Supreme Court is probably going to allow the 0:09:07.920 --> 0:09:11.440 Biden administration to have this policy. If I had to 0:09:11.440 --> 0:09:14.760 make a prediction, you know, I would say that that 0:09:14.960 --> 0:09:17.960 the Biden administration is going to be allowed to keep 0:09:17.960 --> 0:09:20.160 this policy in place by the US Supreme Court. 0:09:20.200 --> 0:09:22.600 At the end of the day, explain why you think 0:09:22.640 --> 0:09:24.880 that the Supreme Court would allow it to remain in place. 0:09:25.400 --> 0:09:28.199 First of all, what we've now seen for the last 0:09:28.200 --> 0:09:30.880 three years of the Biden administration is that the Supreme 0:09:30.920 --> 0:09:36.000 Court has been very deferential to the administration period writ large, 0:09:36.040 --> 0:09:38.960 with regards to issues of immigration, and it's setting that 0:09:39.080 --> 0:09:41.360 up not just for Biden, because I don't think they're 0:09:41.440 --> 0:09:45.120 particularly fond of Biden, let's say, but just because they 0:09:45.160 --> 0:09:48.160 want this to be the norm for immigration rid lards 0:09:48.160 --> 0:09:50.880 moving forward, to return it to what had been the 0:09:51.000 --> 0:09:55.120 traditional one hundred years of jurisprudence before the period let's 0:09:55.120 --> 0:09:59.679 say between nineteen ninety and twenty sixteen, where there was 0:09:59.720 --> 0:10:02.959 a lot of activism in this area of immigration in 0:10:03.040 --> 0:10:06.320 the judiciary. Now they're trying to resort back to the 0:10:06.840 --> 0:10:10.240 don't sue because the administration has a lot more authority 0:10:10.280 --> 0:10:12.480 than you think. And I think that will be the 0:10:12.559 --> 0:10:15.520 case here where I think the Supreme Court will be 0:10:15.559 --> 0:10:19.040 sympathetic to all of the legal options that the Biden 0:10:19.120 --> 0:10:23.320 administration is offering people in order to come here legally, 0:10:23.679 --> 0:10:27.120 which is the parole program for the CDP one app 0:10:27.400 --> 0:10:30.480 and saying to people if you want to come across 0:10:30.520 --> 0:10:36.480 the border without using any offeasset mechanisms. Then you are 0:10:36.559 --> 0:10:40.080 going to have to risk that you will be denied asylum. 0:10:40.080 --> 0:10:43.160 And by the way, there isn't even then a complete 0:10:43.200 --> 0:10:46.360 ban on asylum. If you could prove that your life 0:10:46.400 --> 0:10:49.720 or safety were in danger in Mexico and that's why 0:10:49.760 --> 0:10:52.360 you had to cross it, it's an imminent manner, then 0:10:52.400 --> 0:10:55.040 you can even overcome this ban. So it's not even 0:10:55.080 --> 0:10:58.280 a one hundred percent fan in that situation. And so 0:10:58.440 --> 0:11:00.360 for that reason, I think the Supreme Court is going 0:11:00.440 --> 0:11:03.920 to have sympathy about it. And for the same reason 0:11:03.960 --> 0:11:08.920 they actually upheld the Trump travel ban back in the day, 0:11:09.400 --> 0:11:13.439 they will use that same logic here and uphold the 0:11:13.600 --> 0:11:17.320 Biden transit ban visa via pilumce Leon. 0:11:17.480 --> 0:11:20.240 Let's turn now to the fight between the state of 0:11:20.360 --> 0:11:24.640 Texas and the Biden administration over migrants crossing the border, 0:11:25.080 --> 0:11:28.720 which is escalating and is now visually represented by a 0:11:28.840 --> 0:11:32.960 thousand foot stretch of bright orange, wrecking ball sized tethered 0:11:33.000 --> 0:11:36.000 buoys in the middle of the Rio Grande, the river 0:11:36.080 --> 0:11:39.160 that serves as the border between the United States and Mexico. 0:11:39.840 --> 0:11:43.480 Texas Governor Greg Abbott defended the state's right to install 0:11:43.559 --> 0:11:46.680 the barrier, issuing his own demand on Fox News. 0:11:47.000 --> 0:11:49.559 All about administration has to do is to enforce the 0:11:49.640 --> 0:11:52.920 laws already on the books to prevent people from crossing 0:11:53.080 --> 0:11:54.720 between the ports of entry. 0:11:55.200 --> 0:11:58.240 Texas will see you in court, mister, President Abbott wrote 0:11:58.280 --> 0:12:01.640 in a letter. White House Press Secretary Kareem Jean Pierre 0:12:01.760 --> 0:12:03.800 called it another political stunt. 0:12:04.520 --> 0:12:07.000 Let the Department of Justice speak to this. They've been 0:12:07.080 --> 0:12:12.000 very clear last week that they also will see Governor 0:12:12.000 --> 0:12:15.079 Abbott in court for his unlawful actions. We've been very 0:12:15.120 --> 0:12:15.720 clear about that. 0:12:16.040 --> 0:12:20.439 And so the administration sued Texas over the buoys, certainly 0:12:20.480 --> 0:12:23.280 not its first lawsuit against the state. I've been talking 0:12:23.280 --> 0:12:26.440 to Leon Fresco, a partner at Holland and Knight and 0:12:26.480 --> 0:12:30.120 former director of the Justice Department's Office of Immigration Litigation. 0:12:30.679 --> 0:12:33.400 Leon tell us about these booys that the federal government 0:12:33.520 --> 0:12:34.280 is suing over. 0:12:34.800 --> 0:12:38.360 Well. The federal government is complaining about the floating barrier, 0:12:38.520 --> 0:12:41.440 which are about a string of buoys that are between 0:12:41.480 --> 0:12:45.640 about four and six feet a diameter. The orange looking buoys, 0:12:45.679 --> 0:12:49.400 which may streatch for at least one thousand feet between 0:12:49.520 --> 0:12:54.600 the Eagle Path International Bridge and about a couple miles 0:12:54.679 --> 0:12:59.200 south there, and they include some infrastructure designs to anchor 0:12:59.240 --> 0:13:01.960 it or fix it in the middle of the Rio 0:13:02.000 --> 0:13:06.200 Grand River separating Mexico and the United States there near 0:13:06.280 --> 0:13:09.480 ego paths, And the idea is that these floating barriers 0:13:09.480 --> 0:13:12.360 that people won't be able to walk across the river 0:13:13.000 --> 0:13:15.520 in order to get to the United States and evade 0:13:15.840 --> 0:13:18.160 the border patrol so that they can get their bodies 0:13:18.200 --> 0:13:22.120 inside the United States and avoid the bands that the 0:13:22.240 --> 0:13:24.880 Biden administration is trying to do, where they're trying to 0:13:24.880 --> 0:13:29.000 basically push people back into Mexico and get them to 0:13:29.120 --> 0:13:32.040 use the CBP one app so that they don't have 0:13:32.080 --> 0:13:35.800 to do the whole expedited removal process for these people. 0:13:36.080 --> 0:13:38.600 And what is the claim in this lawsuit? You know 0:13:38.640 --> 0:13:40.680 what law do? They say Texas has broken? 0:13:41.840 --> 0:13:44.320 Well, so what's very interesting is this is sort of 0:13:44.640 --> 0:13:48.000 pretty obscure stuff for the immigration world. I'm sure for 0:13:48.080 --> 0:13:52.520 the environmental and natural resources world, this is a very 0:13:52.559 --> 0:13:56.360 common thing. But obviously, if you're a normal immigration lawyer, 0:13:56.520 --> 0:14:01.000 you don't necessarily deal with everyday the Rivers an Harbor's Act. 0:14:01.040 --> 0:14:03.480 But the law that's in play is called the Rivers 0:14:03.480 --> 0:14:07.400 and Harbor's Appropriation Act. Of eighteen ninety nine, which unlike 0:14:07.480 --> 0:14:10.720 the Immigration Code, which is in Title eight of the 0:14:10.840 --> 0:14:13.600 US Code, this is entitled thirty three of the Code, 0:14:14.000 --> 0:14:17.160 and basically what it says in plain English is, look, 0:14:17.200 --> 0:14:20.800 there's navigable waters all around the United States, and the 0:14:20.840 --> 0:14:24.680 whole point of these is that they're connecting interstates and 0:14:25.000 --> 0:14:29.760 foreign state commerce. And if you want to build barriers 0:14:29.760 --> 0:14:34.480 that prevent people from using these waterways, then you have 0:14:34.600 --> 0:14:37.320 to get the Army Corps of Engineer's approval to do this. 0:14:37.520 --> 0:14:40.240 You can't just be taking matters into your own hands 0:14:40.280 --> 0:14:43.280 and whatever you want with the waterways of the United States. 0:14:43.360 --> 0:14:46.560 That's the province of the federal government, and so it's 0:14:46.600 --> 0:14:49.440 the position of the Department of Justice, the Environment and 0:14:49.440 --> 0:14:53.000 the Natural Resources Division. And they told this to the 0:14:53.040 --> 0:14:55.280 State of Texas before the laws that was filed. Look, 0:14:55.320 --> 0:14:58.800 you have to get approval and a permit from the 0:14:58.960 --> 0:15:00.840 Army Corps of Engineers. You didn't get it. You have 0:15:00.920 --> 0:15:03.800 to take this down. And Texas said, we won't take 0:15:03.800 --> 0:15:07.160 this down. We have sovereign authority to protect our border. 0:15:07.560 --> 0:15:10.320 And so now this loss has been filed in Austin, 0:15:10.440 --> 0:15:13.920 Texas in the federal court seeking injunctive release in the 0:15:13.960 --> 0:15:16.560 form of a court order saying, Hey, Texas, take down 0:15:16.640 --> 0:15:19.960 these bullies, these barriers, and you'll have to pay to 0:15:20.000 --> 0:15:20.240 do this. 0:15:21.320 --> 0:15:26.000 Governor Abbott was anticipating this lawsuit. He sent the President 0:15:26.000 --> 0:15:31.080 a letter on Monday defending Texas's right to install the barrier. So, 0:15:31.160 --> 0:15:34.080 as you said, he said that Texas has the sovereign 0:15:34.120 --> 0:15:37.320 authority to defend its border, and they've been using the 0:15:37.400 --> 0:15:41.960 Texas Disaster Act as the legal bedrock for some of 0:15:42.000 --> 0:15:42.840 these measures. 0:15:43.760 --> 0:15:48.160 Right, they believe that they have basically a natural disaster 0:15:48.880 --> 0:15:51.120 that's going on on the border, which, by the way, 0:15:51.280 --> 0:15:56.080 what's complicated about this is that the border numbers are 0:15:56.160 --> 0:15:58.960 way down. All of the questions of what was going 0:15:59.000 --> 0:16:02.000 to happen after Tayle forty two was listed have been 0:16:02.040 --> 0:16:04.800 answered in quite a positive way by the Biden administration. 0:16:04.920 --> 0:16:08.640 But nevertheless, the governor of Texas, Governor abbit is taking 0:16:08.680 --> 0:16:11.560 the position that he's in a state of emergency, and 0:16:11.640 --> 0:16:16.280 that state of emergency permits him under his authority to 0:16:16.320 --> 0:16:20.000 deter the people coming into the United States because he 0:16:20.080 --> 0:16:23.800 has the authority to do that. Now he's being sued 0:16:23.840 --> 0:16:26.920 by private actors and now the Department of Justice saying 0:16:26.920 --> 0:16:30.520 that the Texas disaster as of nineteen seventy five doesn't 0:16:30.560 --> 0:16:35.240 give the authority defined here a lawful immigration was not 0:16:35.280 --> 0:16:38.840 within the definition of disaster and was not intended to 0:16:38.880 --> 0:16:42.280 be classified as such. So you know, it was meant 0:16:42.320 --> 0:16:46.360 to basically protect human life and allow Texas to take 0:16:46.520 --> 0:16:50.400 measures to do that, but not for the purposes of 0:16:50.760 --> 0:16:54.640 basically using immigration as a quarte unquote disaster. 0:16:55.600 --> 0:16:57.800 Does it sound like he has an arguable case. 0:16:58.440 --> 0:17:01.600 Here's basically how this will work. It's one of these 0:17:01.600 --> 0:17:05.840 things where had the case been brought in certain divisions 0:17:05.840 --> 0:17:09.399 in Texas, probably Texas would have won. In the district 0:17:09.480 --> 0:17:12.400 court in Austin. It's a little bit more likely that 0:17:12.480 --> 0:17:15.560 the DOJ is going to get an injunction here. The 0:17:15.600 --> 0:17:19.560 Fifth Circuit, depending on the panel, may say that State 0:17:19.600 --> 0:17:21.560 of Texas can do it or it can't do it, 0:17:21.560 --> 0:17:24.320 depending on which panel they get. I can see panels 0:17:24.359 --> 0:17:27.680 going either way. But I do think once you get 0:17:27.720 --> 0:17:30.879 to the Supreme Court, the Supreme Court has been getting 0:17:31.280 --> 0:17:35.480 more and more frustrated with these state efforts to co 0:17:35.560 --> 0:17:39.760 opt immigration law and essentially to say, look, we're tired 0:17:39.800 --> 0:17:41.800 of what the Biden administration is doing. We're going to 0:17:41.880 --> 0:17:45.119 take matters in our own hands. And if they didn't 0:17:45.320 --> 0:17:47.920 like some of the other stuff, like to remain in 0:17:48.000 --> 0:17:52.080 Mexico stuff and the Title forty two stuff and the 0:17:52.160 --> 0:17:57.520 prosecutorial discretion stuff. I think that putting barriers in an 0:17:57.720 --> 0:18:02.520 international waterway with Mexico is probably going to be deemed 0:18:03.200 --> 0:18:07.240 to be a bridge too far. So to speak for 0:18:07.640 --> 0:18:09.359 the Supreme Court, I don't think they're going to be 0:18:09.440 --> 0:18:12.720 recessive to allowing Texas to do this because what is 0:18:12.760 --> 0:18:16.520 basically the limiting principles then on what Texas can do 0:18:16.600 --> 0:18:18.920 with the Rio grand And that's going to be the problem. 0:18:19.200 --> 0:18:23.199 Mesco asked the Biden administration to remove the boys and 0:18:23.320 --> 0:18:27.400 razor wire, saying it violates treaties. Does that play any 0:18:27.440 --> 0:18:32.920 part in the Biden administration's lawsuit against Texas. 0:18:31.720 --> 0:18:34.359 Well, it's not in the lawsuits. The lawsuit is just 0:18:34.600 --> 0:18:37.800 talking about the principle that you need a permit from 0:18:37.880 --> 0:18:41.560 the Army Corps of Engineers. But the larger question of 0:18:41.600 --> 0:18:44.080 why you need a permit from the Army Corps of 0:18:44.119 --> 0:18:47.679 Engineers is because Congress realized there the events like this, 0:18:47.880 --> 0:18:50.560 and again, the Rio brand is covered by the famous 0:18:50.560 --> 0:18:54.639 Treaty of Wataloupe Hidalgo and that's the water that is 0:18:54.880 --> 0:18:57.920 part of both nations, and it's one of these things 0:18:57.960 --> 0:19:01.040 that's a very sensitive issue about Mexico and the United 0:19:01.040 --> 0:19:05.000 States having sort of joint sovereignty over that river. And 0:19:05.080 --> 0:19:08.520 for that reason, that's just not something that the State 0:19:08.560 --> 0:19:11.000 of Texas can just get in. Again, you would be 0:19:11.040 --> 0:19:14.479 the point, what is the limiting principles about what Texas 0:19:14.600 --> 0:19:18.479 can do there? Can they put in huge seal things 0:19:18.680 --> 0:19:22.040 that are causing to injure people there? What is the 0:19:22.040 --> 0:19:24.160 limit of what they can they put bombs in the river? 0:19:24.800 --> 0:19:27.639 And so there's all these kinds of questions about where 0:19:27.680 --> 0:19:30.560 the line is and why that's happening. And I don't 0:19:30.600 --> 0:19:32.640 think again, the Supreme Court is going to be very 0:19:32.680 --> 0:19:36.560 sacious if this case gets to the Supreme Court about 0:19:36.600 --> 0:19:39.000 what Texas is doing with regards to the Rio brand. 0:19:39.680 --> 0:19:41.840 And this is all part of a larger operation that 0:19:41.880 --> 0:19:44.960 they have to cause, Operation Long Star that also has 0:19:44.960 --> 0:19:47.520 to do with the bossing of people and have to 0:19:47.560 --> 0:19:51.520 do with sort of this draconian tactics when Texas law 0:19:51.600 --> 0:19:54.840 enforcement meet people up at the border to try to 0:19:54.880 --> 0:19:57.679 push them back into Mexico. And so this is just 0:19:57.720 --> 0:20:02.480 a larger operation basically designed to create havoc on the 0:20:02.560 --> 0:20:03.640 southern borders. 0:20:03.520 --> 0:20:07.119 And part of that operation includes that razor wire strung 0:20:07.119 --> 0:20:12.639 across private property without permission, bulldozers changing the terrain. The 0:20:12.720 --> 0:20:17.120 Texas Military Department cleared out kine, which should called invasive, 0:20:17.240 --> 0:20:22.639 and change the landscape affecting the river's flow. So why 0:20:22.680 --> 0:20:26.760 hasn't the Biden administration acted on those things as well? 0:20:27.440 --> 0:20:30.600 I think the question is I think they thought that 0:20:30.760 --> 0:20:34.800 perhaps Texas would make its points and move on, but 0:20:34.920 --> 0:20:36.960 now they're seeing they're actually going to have to litigate 0:20:37.000 --> 0:20:39.800 these things. I think depending on how this one goes, 0:20:40.280 --> 0:20:43.360 you'll see more of this, And so I do think 0:20:43.400 --> 0:20:45.159 you're gonna see more of this. I do think this 0:20:45.359 --> 0:20:48.520 was just the first set, the one that's the largest problem, 0:20:49.080 --> 0:20:51.320 and I do think guilty others. I don't think they 0:20:51.400 --> 0:20:55.359 wanted to do a bunch of these lawsuits all at once, 0:20:55.440 --> 0:20:57.359 but there are certainly others that have to do with 0:20:57.440 --> 0:21:00.880 a trusting federal agent, from being a both to process 0:21:00.960 --> 0:21:06.199 people and perhaps other environmental violations that they're causing that 0:21:06.320 --> 0:21:09.080 you could see other lawsuits getting filed. But again, I 0:21:09.080 --> 0:21:12.280 think that the larger problem is the Department of Justice 0:21:12.280 --> 0:21:14.960 doesn't want to have ten twenty lawsuits against the State 0:21:15.000 --> 0:21:18.560 of Texas. So Texas is properly, if you think about it, 0:21:18.560 --> 0:21:22.240 in the political sphere, flooding the zone with as many 0:21:22.280 --> 0:21:25.800 different things as they can do and then trying to 0:21:26.480 --> 0:21:29.399 have the Department of Justice basically either sue them on 0:21:29.440 --> 0:21:32.399 all of them or have the or just keep the 0:21:32.480 --> 0:21:36.240 fight perpetuating, which is really the only interest of Texas 0:21:36.280 --> 0:21:38.320 here at the end is to just have this fight 0:21:38.440 --> 0:21:41.040 go on ad Infinaida. 0:21:41.119 --> 0:21:45.760 Apparently, there is some blowback over the tactics, including from 0:21:45.800 --> 0:21:49.680 within Texas, and especially in light of that state troopers 0:21:49.680 --> 0:21:55.639 account of razor wire leaving asylum seekers bloodied, officers deny 0:21:55.800 --> 0:21:58.960 migrants water in a one hundred degree heat. 0:22:00.000 --> 0:22:02.440 I do think he's getting a lot more criticism about it, 0:22:02.600 --> 0:22:05.960 that is true, from private folks, from people in the 0:22:06.000 --> 0:22:10.160 Department of Public Safety, from people in the Mexican government, 0:22:10.880 --> 0:22:14.679 and there's people that are starting to speak out against this. 0:22:15.000 --> 0:22:17.280 But I think at the end of the day, the 0:22:17.280 --> 0:22:20.600 political issue of immigration is just so hot right now 0:22:21.080 --> 0:22:26.040 that I don't see a long term abandonment of this issue. 0:22:26.440 --> 0:22:28.679 But I do think it will be very interesting to 0:22:28.760 --> 0:22:33.840 see long term, the outcome of the parole case, which 0:22:33.880 --> 0:22:36.600 is sort of the lynchpin of the entire Biden administration 0:22:36.680 --> 0:22:40.480 border policy, if that's allowed to continue, it's going to 0:22:40.520 --> 0:22:42.800 be very hard. The numbers are what they are, they're 0:22:42.840 --> 0:22:46.600 weight down for the Governor of Texas to keep saying 0:22:46.640 --> 0:22:49.520 there's a crisis compared to what compared to which month, 0:22:49.760 --> 0:22:52.359 and it's going to be very hard to say. But 0:22:52.680 --> 0:22:55.800 if the parole program goes away, then and then the weather, 0:22:55.920 --> 0:22:58.679 which is the other big thing, changes from the record 0:22:58.720 --> 0:23:02.080