Episode Transcript
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Speaker 1 (00:00):
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(00:20):
of itself. Then I start for you today's Q and
a expedited removal of illegal immigrants. This is brought to
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(01:03):
for us, maybe topic question for a future Q and
A just like this one.
Speaker 2 (01:09):
Hey, good morning, Brian. Thank you for answering all these
questions that are put to you. I know that the
Constitution does provide for due process for everyone in the country. However,
I also know there's something called expedited removal that I've
been trying to learn more about. Can you please explain
that a little bit better?
Speaker 1 (01:25):
Thank you, great question. Great question. Amid the ongoing and
legal wranglings, the Trump administration finds itself in regarding the
extent to which illegal immigrants are entitled to due process
prior to deportation. What's known as expedited removal was established
under the Illegal Immigration Reform and Immigrant Responsibility Act of
(01:48):
nineteen ninety six. The purpose was ay the border patrols
efforts to act decisively in the field to combat illegal immigration,
in addition to imposing stronger penalties for illegal activity admitted
by those in the country illegally. It's also a law
that the Trump administration is currently enforcing and using daily
(02:09):
to The law authorizing expedited removal applies to those apprehended
at or near the border within one hundred miles of
it who cannot prove that they've been in the US
for more than fourteen days. It applies to those who
arrive at the port of entry without valid entry documents
(02:30):
or with fraudulent documents, those deemed by authorities to be inadmissible.
And the law effectively allows President Trump's Remain in Mexico
policy to be carried out by border patrol at the
point of contact within the US without additional legal consideration.
(02:51):
So the process that works like this, a customs and
Border protection or immigration customs enforcement officer, so border patroler eyes,
they determine an admissibility. It doesn't go to some judge,
doesn't go to some bodsburg bonehead right there in the field.
They make the determination themselves. The individual is issued a
(03:15):
removal order. Generally it's immediate, and so they they could
be like, you know, the the Remain Mexico policy, you
get somebody who saunters up and in Russian, in Russian,
like our Russian yacht stealer, who we were told was
a asylum seeker. Somebody who actually flew from Russia to
(03:35):
Mexico and then sauntered up to a border patrol agent
crossing in from Mexico and sounded a little bit like this. Alright,
let's try it. The dolls the way I see asylum.
Pretty good. That's pretty good.
Speaker 2 (03:55):
I think that was I'm trying to channel it in.
Speaker 1 (03:58):
That was not bad. I mean it was a little
bit like Frankenstein is. But otherwise otherwise getting a little
closer to that part of the for Russia, it could
go for a Russian accent. So yeah, sound a little
bit like that. And rather than like under Biden going
oh yeah, you said the magic a word, I mean,
there's nothing weird about a Russian coming across the southern
(04:20):
border by any Maine. So you just go right ahead
and go steal yachts in South Florida. What do you say? So,
rather than that being the case, said Russian with the
Trump administration remained in Mexico, I gets a dude, it's
awfully weird that you're Russian crossing in from Mexico. But
you see that stand over there in Tijuana. Go bound it.
That's the way this stuff works now, okay. So and
(04:42):
also speaking of asylum seekers, they may request a credible
fear interview with an asylum officer. If they pass, they
can pursue asylum and regular proceedings. If not they face removal.
And that credible fear piece also goes directly into what
I was just talking about with this Russian As I've
(05:02):
discussed so many times over the years, there is no
such thing as a legitimate asylum seeker that has entered
from another country because asylum by definition, and this is
international law. It's not Brian saying this, it's international law.
It is US law under international law and the treaties
we have in place with other countries. The first country
(05:25):
you get to after leaving the country where you allege
that you're being persecuted, that's what asylum is, your fleeing
political persecution. That is where you declare asylum. So it
is not possible for somebody by definition, to come from
Russia into Mexico then into the US and being an
asylum seeker. So the credible fear process is what plays
(05:47):
into that instant determination with border patrol agents. And rather
than letting everybody who you know into the country, that
was what the vitament is tration got rid of, was
a credible fear so you could just let anybody who
said the magic a word into the country. The courts
have found over ninety seven percent of asylum seekers have
(06:10):
lacked legitimate asylum claims in recent years. Most never even
get that far. They never show up for their hearing.
But those that do, ninety seven percent plus not legitimate
asylum seekers because again by definition, only a Mexican under
persecution or only a Canadian under persecution could be legitimate
(06:31):
asylum seekers for border crossers. And then secondly, although i
mean the Canadians have pretty good case, so I'd just say,
especially under Trudeau, the Carnie not a whole lot better.
But you know, the other way is if they're being
flown directly in, like you know, we had Ukrainium refugees, right,
and so we were flying them in from Ukraine basically
into the United States. That type of situation applies again
(06:54):
first country that they're entering into. So today, since the
re implementation of the in Mexico policy, only nine encounters
with border patrol agents have resulted into entry in the
into the US. The Trump administration, starting with his first administration,
expanded expedited removals to apply to anyone anywhere within the country,
(07:15):
and this is where some of the legal challenges have
been brought. As the administration has sought to engage in
large scale deportations for those who've potentially been in the
US for over fourteen days without consideration for due process. So,
during President Trump's first administration, an estimated total of nine
hundred and thirty five thousand deportations, or actually sixty two
(07:37):
percent of all deportations took place using expedited removal. We
don't have a detailed analysis in these early months of
that yet, However, you might imagine if it were sixty
two percent in his first administration. It's that or higher
right now. And as for the federal courts up to
it and including the United States Supreme Court, they're set
(07:58):
to address the legal challenges pertaining two potential due process
rights of illegal immigrants detained by DHS. It is likely
and we're going to see the course either limit the
extent to which expedited removal may be used, or, if
found in favor of the Trump administration, could be significant
links expanded