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Speaker 1: My name is Lily Maddon and I'm a proud Arunda

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Speaker 1: Bungelung Calcottin woman from Gadighl Country. The Daily oz acknowledges

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Speaker 1: that this podcast is recorded on the lands of the

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Speaker 1: Gadigol people and pays respect to all Aboriginal and Torres

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Speaker 1: right island and nations. We pay our respects to the

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Speaker 1: first peoples of these countries, both past and present.

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Speaker 2: Good morning and welcome to the Daily os It's Tuesday,

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Speaker 2: the sixteenth of May.

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Speaker 3: I'm zara, I'm sam.

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Speaker 2: A Trump era border law called Title forty two has

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Speaker 2: been lifted in the US.

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Speaker 4: After three years and more than two and a half

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Speaker 4: million expulsions. It's over the Title forty two public health

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Speaker 4: order that turned into a near blanket ban on asylum

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Speaker 4: seekers on the US's southern border is gone.

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Speaker 2: In the lead up to lifting this law, there were

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Speaker 2: concerns of a potential surge in migrants entering the US.

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Speaker 1: Cities along the US Mexican borders.

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Speaker 2: Say, our migrant shelters are already at capacity and they

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Speaker 2: won't be able to handle the wave of migrants that

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Speaker 2: is expected in the coming days. So what's actually happened

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Speaker 2: since the law was lifted and what does it mean

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Speaker 2: for migrants seeking to enter the US. Well, we're going

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Speaker 2: to let you know in the deep dive that first

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Speaker 2: Sam what's making news.

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Speaker 3: Victorians will be able to use their credit or debit

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Speaker 3: card on the state's public transport network as early as

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Speaker 3: next year. That's under changes announced yesterday. A new operator

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Speaker 3: for the Mighty system will begin work in December and

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Speaker 3: has been tasked with evolving the state's public transport system.

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Speaker 3: Digital wallets will also be added as a form of

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Speaker 3: payment under the change, which will be progressively added from

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Speaker 3: twenty twenty four.

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Speaker 2: Welcome to the twenty first century.

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Speaker 3: Victoria great to have.

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Speaker 2: A national Anti scam center that will work to centralized

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Speaker 2: data around scams. Will begin operating from the start of July.

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Speaker 2: It'll work to help pre existing scam prevention efforts in

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Speaker 2: its first year while undergoing a process to build out

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Speaker 2: data sharing technological capacity. Over fifty eight million dollars was

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Speaker 2: allocated in last week's federal budget to establish this center.

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Speaker 3: A progressive political party has outperformed polling predictions at the

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Speaker 3: Thailand's national election. The Move Forward Party is expected to

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Speaker 3: win around one hundred and fifty seats in the country's

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Speaker 3: lower House, and about double the number one by the

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Speaker 3: incumbent coalition government. The party will still need to overcome

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Speaker 3: significant hurdles to form government, which will include forming a

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Speaker 3: coalition with other parties and navigating potential opposition from the

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Speaker 3: military appointed Upper House.

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Speaker 2: And the good news, Australian golfer Jason Day has won

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Speaker 2: his first PGA Tour title since twenty eighteen. Day took

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Speaker 2: out the Byron Nelson Tournament in Texas on Sunday, finishing

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Speaker 2: one stroke better than the two closest competitors. Day said

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Speaker 2: he was close to retiring from golf amid injuries and

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Speaker 2: personal issues in the past few years, but said it

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Speaker 2: was very pleasing to be back in the winner circle.

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Speaker 3: Good day, to have a good day, Sam.

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Speaker 2: It was all over the news. We were seeing these

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Speaker 2: headlines about the US expecting a surge in migrants last week.

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Speaker 2: It was specifically meant to happen at the southern border.

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Speaker 3: And some incredible imagery in video coming out of people

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Speaker 3: gathering on the border.

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Speaker 2: Yeah, and the reason for that was actually the end

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Speaker 2: of a border law that came about during the pandemic,

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Speaker 2: and it was called Title forty two. There was a

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Speaker 2: real sense of panic in the lead up to last

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Speaker 2: Thursday when that law expired.

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Speaker 3: So we'll get to what's happened this week in a second.

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Speaker 3: But what originally did Title forty two set out to do?

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Speaker 2: So it was basically the Trump administration's answer to illegal

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Speaker 2: border crossings during the COVID nineteen pandemic. To put things

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Speaker 2: into perspective, to paint a picture, thousands of people attempt

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Speaker 2: to cross the border between the US and Mexico every

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Speaker 2: single day without authorization, and once they get into the US,

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Speaker 2: many then seek asylum before the pandemic. US law requid

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Speaker 2: asylum claims to be assessed, which can be a lengthy

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Speaker 2: process like it is here, of course. But then in

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Speaker 2: twenty twenty, the Trump administration imposed a new rule and

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Speaker 2: that allowed border officials to deport people before they claimed

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Speaker 2: asylum in as little as ten minutes. This, of course,

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Speaker 2: was Title forty two, and it relied on the US

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Speaker 2: government's powers to keep people out to stop the spread

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Speaker 2: of a disease, which in this case was COVID.

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Speaker 5: Left unchecked, this would cripple our immigration system, overwhelm our

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Speaker 5: healthcare system, and severely damage your national security.

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Speaker 3: We're not going to let that happen.

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Speaker 2: And therefore Title forty two was introduced to add an

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Speaker 2: additional layer of control on migration, all in the name

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Speaker 2: of COVID.

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Speaker 3: So did that additional control actually work during the pandemic.

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Speaker 2: If by work you mean control the levels of migration.

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Speaker 2: It didn't stop border crossings altogether. There were still reports

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Speaker 2: of several thousand people attempting to cross the border every

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Speaker 2: even during the pandemic. Millions of people, though, were deported

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Speaker 2: under the rule. Immigration rights advocates actually sued at the

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Speaker 2: time aiming to get that policy lifted, and their case

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Speaker 2: was successful, with a federal judge last year calling use

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Speaker 2: of the law arbitrary and capricious, but that decision was

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Speaker 2: later overturned when several Republican state attorneys successfully sued to

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Speaker 2: keep it in place. When Biden won the election, his

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Speaker 2: administration kept Title forty two for nearly a year, despite

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Speaker 2: campaigning for its removal. It was eventually lifted last week

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Speaker 2: after the US COVID public health emergency ended, and.

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Speaker 3: So we saw a lot of reports last week, particularly

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Speaker 3: in US media of course, about some of the fears

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Speaker 3: of what would happen when Title forty two was lifted.

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Speaker 3: There was a sense that kind of the border would

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Speaker 3: be overrun by migrants.

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Speaker 2: It does feel both in Australian media and US media

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Speaker 2: like there is a very certain way that we write

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Speaker 2: about migrants who are seeking asaf.

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Speaker 3: And you definitely have to remember that the states that

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Speaker 3: are the border states in the US are typically conservative

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Speaker 3: as well, and so conservative media tends to run with

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Speaker 3: those narratives a little stronger than other outlets, and that

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Speaker 3: or gets enhanced definitely.

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Speaker 2: There were definitely several US states that expressed concern about

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Speaker 2: the law coming to an end, As you just rightly

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Speaker 2: pointed out, one of those people was very conservative Republican

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Speaker 2: governor Greg Abbott. He is the governor of Texas. He

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Speaker 2: actually sent his own enforcement personnel to the border, and

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Speaker 2: of course Texas is one of those fourth states that

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Speaker 2: does share a border with Mexico. He said he planned

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Speaker 2: to pass a state law criminalizing border crossings, and if

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Speaker 2: that goes through, it could lead to a Supreme Court

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Speaker 2: case that tests the limits of how states can enforce

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Speaker 2: their own border laws. On the other end of the spectrum,

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Speaker 2: New York Mayor Eric Adams, who is a Democrat, has

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Speaker 2: called for the federal government to provide aid to accommodate

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Speaker 2: a rising number of migrants.

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Speaker 3: So did that actually happen?

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Speaker 2: Zara?

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Speaker 3: When Title forty two was lifted, was there a surgeon migrants?

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Speaker 4: Well.

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Speaker 2: Arrests at the border were reportedly at an all time

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Speaker 2: high in the lead up to last Thursday, but there

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Speaker 2: wasn't actually a spike after the law was lifted at

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Speaker 2: midnight on Thursday, as had been anticipated. The Biden administration did, however,

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Speaker 2: have a plan to prevent a surge at the border

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Speaker 2: occurring on Thursday evening. Ahead of Title forty two's expiration,

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Speaker 2: Secretary of Homeland Security Alejandro Mayorkas said twenty four thousand

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Speaker 2: border patrol agents were at the border to enforce the law.

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Speaker 5: I want to be very clear, our borders are not open.

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Speaker 5: We are clear eyed about the challenges we are likely

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Speaker 5: to face in the days and weeks ahead, and we

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Speaker 5: are ready to meet them.

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Speaker 3: Okay. So Title forty two is gone. What's in its place?

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Speaker 1: So?

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Speaker 2: When Title forty two expired, the rules automatically reverted back

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Speaker 2: to something called Title eight, which is what was in

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Speaker 2: place before the COVID era restrictions. Title eight means that

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Speaker 2: migrants can once again request refuge when they approach these

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Speaker 2: official border ports of entry, which remember, they couldn't do

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Speaker 2: under Title forty two. But then Biden has also introduced

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Speaker 2: a new rule which means that most people that apply

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Speaker 2: for asylum won't actually qualify.

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Speaker 5: If anyone arrives at our southern border, they will be

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Speaker 5: presumed ineligible for asylum and subject to steeper consequences for

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Speaker 5: unlawful entry, including a minimum five year ban on re

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Speaker 5: entry and potential criminal prosecution.

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Speaker 2: Under the new rule introduced by Biden, non Mexican migrants

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Speaker 2: who arrive at the southern US border won't be able

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Speaker 2: to apply for asylum unless they've already made an asylum

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Speaker 2: claim and been rejected in another country that they have

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Speaker 2: passed through, because, if you think about it, migrants will

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Speaker 2: often travel through a number of countries to get to

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Speaker 2: that final destination. The exception here is for those coming

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Speaker 2: from Mexico, because Mexico shares a border with the US,

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Speaker 2: and therefore Mexico migrants wouldn't be able to pass through

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Speaker 2: another country in their pursuit for asylum. The other exception

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Speaker 2: to the rule is that the US will consider asylum

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Speaker 2: applications from those who have made an appointment to apply

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Speaker 2: for asylum at an official port of entry or who

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Speaker 2: can prove exceptional circumstances.

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Speaker 3: So give me a sense of the response to this

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Speaker 3: new law.

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Speaker 2: The Biden law. Yeah, well, it's facing a lot of criticisms,

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Speaker 2: especially from immigration rights activists. There's already a legal challenge

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Speaker 2: facing the Biden administration from the American Civil Liberties Union,

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Speaker 2: which we know is the ACLU, who are suing the

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Speaker 2: administration for breaking asylum laws. They claim the ACLU claims

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Speaker 2: that the new process places vulnerable asylum seekers in grave

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Speaker 2: danger and that it violates US asylum laws. They say

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Speaker 2: that Biden's policy mimics two of Trump's policies which were

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Speaker 2: eventually blocked by the courts. So it remains to be

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Speaker 2: seen how will handle Biden's new laws.

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Speaker 3: And I think the important context to highlight is the

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Speaker 3: fact that with every change of policy, and with every

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Speaker 3: kind of phasing in and out of different titles on

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Speaker 3: that US Mexico border, there are hundreds of thousands of

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Speaker 3: people who are displaced trying to figure out what the

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Speaker 3: law is. And there's a very human element to this

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Speaker 3: story that can't be forgotten.

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Speaker 2: Thanks for joining us on the Daily OS. If you

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Speaker 2: learned something from today's episode. Don't forget to hit subscribe,

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Speaker 2: so there's a TVA episode waiting for you every weekday morning.

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Speaker 2: We'll be back again tomorrow morning, but until then, have

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Speaker 2: a brilliant day.