Immigration Discussion - Rosanna Berardi

00:16:22

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Trumped travel ban three point oh upheld. By the US Supreme Court yesterday Rosanna verdict of sorority immigration law is in studio with us this morning sorting through it. First were you surprised at all by the strolling Rosanna. Entirely Alan we heard the oral arguments before the court in April we got a sense of the route that the Supreme Court was taking. So based on those questions and oral argument we weren't entirely surprised that the court's decision. Do you see this says a lot of people are saying it is Supreme Court now divided day it's a totally different court because of how it's made up now with president trump be able to. Put a justice that he wanted on the court do you see this as being out political decision when you. Go through led the entirety of what would you say 94. Pages of the decision or was it you know based firmly in you know legal activity what they believe. Well I think if you look at it purely from a legal perspective. It was a very close reading of the US constitution and the current US code. With all politics being placed aside from the US code loudly and clearly allows the president control who comes in and out of the United States. Really not debatable. If that were to change it would only happen through congress. What is his band take effect crowds have already in effect it's been in effect technically since December because when the Supreme Court agreed to hear the case. They said we're going to let it stay in effect until we make are decisions so. Really the impact of yesterday. Wasn't that riveting with respect to when is this going to go into a fact. But it is a final rule. Because many groups were hoping that the court would make another decision. So did decision kind of places more on the power of the president says more to that than it does son you know anything really regarding immigration. Well it it really speaks to the president's power to control immigration and control the borders we haven't seen a Supreme Court case speaking to this issue quite awhile. So we are DO. From a legal perspective and the courts have loudly and clearly it's up to the president control who comes in and who comes out based on national security. Does this mean Roseanne that. No one from the seven countries can come into the US. Well there's a slew exceptions. Under the current travel ban if you're applying for asylum he can come in if you're from one of the seven countries. If your permanent residence. That is in need of those countries you can command. There's also waivers that are issued on a case by case basis if you feel like you have a compelling need to be in the United States so it doesn't permanently close a door there are exceptions. The waivers in terms of the statistics. Pretty low and difficult to get one but it does exist what does it mean for people who are already here from those countries. Well it it really speaks to individuals applying for visas to enter the United States I would say if they are here right now it would have no impact. How many people are here from those countries and that he. Are they here mostly on business I'm assuming you deal along with. People are here you know just working for various businesses whether I shorter long term basis. Can you give us the an idea of kind of who this is impacting right now well. Based in everything that we've we've seen in and we've read it. Individuals that are here already usually you're here through work permits meaning that they air sponsored by US corporation they're carefully vetted they were. I'm screened by the US Department of State in terms of issuing a vsan so we have lots of workers we have people also applying for political asylum. From those countries so it run the gamut but this is going to hit hardest for. Let's say in naturalized US citizen from one of the severing countries that was going to try to bring over a family member. So if there was someone who is a US citizen that may have. Spouse and child in Venezuela. It's going to be very difficult to reunite that. What about students we often have a lot of students a calmer from overseas including these countries right right. Yeah it will definitely impact the flow of international students now mind you it's only seven countries. I'm and there are many more countries in the war council will still have our population. But these countries were it not pulled out of a hat these countries were selected based on. Very hard course statistics in terms of either sponsoring terrorism. Or just not having good. I'm betting systems in place for for their citizens from a security perspective so. This is not done haphazardly this actual list has existed for many years under many different administrations. In and we will see the door closed but like I said there it there is a waiver now. Now there's not a lot of us who are planning on traveling to any of these countries anytime soon no trips to Iran and many people's forecast thought it. You know for Dennis Rodman he makes a trip to North Korea every now and then what does it mean for someone like him if you're planning on going to. A Venezuela for whatever reason. Yeah well I'm sure Dennis Rodman has his own in this with the governments so he probably will get his visa no problem. But for the rest of us say I think you know I think there might be some reciprocity and and those countries saying well now you're not going a letter citizens and we're not currently viewing. Hard to say we'll see what happens to. Governor Andrew Cuomo says the state will provide free legal services to anyone detained at New York airports on immigration charges the move. In response to the supreme court's ruling upholding president trumps ban on travel. From mostly Muslim countries Cuomo says that lawyers will be available. Through the liberty defense project joining us in studio is immigration attorney grows in for priority avarice in a been telling people about this story. Free legal services to anyone detained. At in New York airport. Do you see that being a problem you know when this first executive order was signed we saw the you know images of people being you know pulled off planes turned around. This time around. Is there going to be those scenarios people detained at airports or do you see everything kind of being sorted out. Well I don't think we're going to see the chaos that we saw back in January of 27 team in the very first executive order came out regarding travel and traveled in three point oh is a bit. More narrow in it's been an effect authored numerous months so we're we shouldn't see anything. Broad and sweeping that remember that people have been detained at at airports and at borders for ever. It's part of immigration and customs enforcement in customs and border protections job to do that. So this isn't really anything new I don't think we're going to see an uptick because of the supreme court's decision. A cynic could the president to decide to change this list of countries if he wants to. Well I mean he he could issue another executive order with the travel ban and perhaps expand. The list of countries. I think it's pretty unlikely at this point these these countries have been historically. On the list that the government has had it but who knows remains to be seen but I would think it would be pretty unlikely at this. The day after the supreme court's ruling we're joined live in studio five rows in emperor to get around the immigration law on talking all about the travel bam what the ruling means. Going forward now I think for a lot of people there's confusion because the original executive order was for ninety days. Travel was going to be halts it you know for these. In different countries that are you know state sponsors of terrorism morrow whatever they were identified as. Being a problem for now it's been well over ninety days it's been a year and a half almost since that very first executive order. So what changes going forward is it ninety days from yesterday at 10 AM is the time line completely. Out the window now. But what's going to happen well it remains to be seen because really what happened yesterday is the US Supreme Court world ruled that the president does have the authority. To control immigration but technically kicked the case back to the ninth circuit to say okay figure out how this is all going to play out. So it remains to be seen in terms of when this will end if it does the decision also had a component. In it that said the president doesn't have to have a finite period of time. But it could be an indefinite ban. So we'll have to see with the ninth circuit that's. Christiane this is V three point oh from travel ban how different is that from his original travel ban. Well the original travel ban came out fast and furious. Ten days after the inauguration of president trump it was a bit of a mess logistically. Didn't have any exceptions for permanent residents returning to the United States. Didn't give clear directive to the government terms of what to do and people arrived so this travel ban is much more narrow. Has a very very. Delineated list of exceptions. Provides for a waiver provision. This was written I think with some thoughts. And I think they learned after a time one into. Of how to actually carefully crafts. Us with this executive order kind of dangling out there you know waiting for court's decision. What actually has been going on over the last day a year year and a half on and how will change now that this ruling is official. Well I think a lot of people were waiting. To find out what was going to happen particularly if they're overseas and they had a a family member that was a US citizen wind to reunite. People are just waiting while now it now they know the decision and they're not going to be able to be come to the United States anytime soon. So this this has provided some closure with respect to people's ability to come to the United States. Would this put to end anymore in challenges. Because it came from the Supreme Court. Very difficult for this to be challenged. You know the supreme court's the final word. Now what could happen is congress can decided to change the law. Very very difficult to get congress to do that and in highly unlikely so I do think this is the final word on this issue. Joining us live in studio we ever sent a priority of Farrar the immigration law and in just a couple minutes we'll talk about what's going on at the southern border because that's obviously and big topic for a couple weeks now but. Quickly again on yesterday's Supreme Court decision. For the travel ban one of the things we just finished talking about would it it would be very difficult for any more challenges. To this but. If the president were to make another executive order he kind of mentioned yesterday that you know he feels now that he could make plenty of different executive orders. Would that be challenged end it would depend on the language or would pick this decision kind of ultimately mean. Whatever executive orders might come in the future with stand. Well. I think if the past is any indication of the future. Anything the president Trump's going to do with respect to immigration is going to be challenged and we've just seen that overnight. I really came out of accordance Indio regarding the detention in the separation of of minors from families. I'm so I think no matter what the Supreme Court sad and the president having the ultimate authority to control immigration. And that we're gonna see challenges and it's really to me as a lawyer it's such an interesting way of seen or democracy in action. Am an executive order comes out it's challenging goes through all the levels that are government. And the Supreme Court has the final word and it's interesting to see it play out in and yet been eighteen months when you think about the amount of litigation it's gone aren't and the Supreme Court taking out in rendering a decision. Quick eighteen months for all this to occur. It's true that you don't let's talk by the southern border because we've been watching this unfold and you have to even helping us in analyze not everything has been going on. But last night a federal judge in San Diego came out of the ruling ordering the government to reunite separated families. Within thirty days and some of the kids have to be reunited within fourteen days how realistic to think this news. Well I think this is reminiscent of travel ban one point. Where the government came out with a policy that didn't have a lot of tea towels didn't have a lot of logistical planning behind it. And it was immediately challenged in court so the decision out of San Diego yesterday really says the term the administration. We've got to do better we have to have more control in terms of how long kids are separated from parents. But we'll see this is going to be apolitical volleyball it's gonna go in an out of court it's going to be challenge is going to be. You know handled in in many different ways in the drug administration is vacillated over the last couple weeks first by saying you know. 00. Tolerance anyone that's coming in illegally is going recruitment prosecuted. And saying only congress can fix that and they said well maybe not here's our executive order. And now we got a challenge from the ACLU coming out of San Diego so. It's hot mess. But I think we're going to see ultimately eat at the end of the day like we did with the travel ban that there will be some firm guidance with respect to this. Thank you described it now though is so hot mess him when you think about the situation especially the southern border and you have. Thousands and thousands of families that were separated now within thirty days this judge rules that they have to be. Put back to get it seems like oh we call that a tall order it seems almost impossible. On some level now do you expect. If this order is in met. For now they're to be more lawsuits filed this to get even murkier before as you mentioned some more firm guidance comes. Absolutely because what happens to the parent who's been criminally prosecuted in being detained by the government. Who now has to have their child back within thirty days will you can't detained children long term with adults. So is the government going to release those individuals that are detained we don't know. And I think no matter which way this goes we're gonna see some litigation we always do. And you know unfortunately has to work its course after thirty days for the government to do anything really short window of time freshman there's thousands of. Involved and there's really been kind of an information void on the numbers we really don't have a firm number of kids that are still separated from a week ago or even up to today I mean they're really not saying. Rate rate they're keeping those numbers close to the vast we're not sure why. We don't know we don't know how they're being how we don't really know a whole lot of what's going on in and part of it is. National security I mean you don't want to loudly and clearly announce what's going now when you're lawfully entered the United States because you don't wanna. Encourage people to do that but it's it's become very muddy in terms of what to do its children that are separated. So now I'm curious for you with all of this talk going on whether it's the travel ban whether it's what's going on the sub zero tolerance you know all that different things going. For you when your practice what are some of the things that you are deal with mostly on the day to day basis and has it changed with all this commotion regarding immigration. Well people say we cast cleanly you must be so busy with all this immigration staff and really what we've seen over the last eighteen months is people are definitely are mindful. Of the US immigration law. Like I've been doing this for over twenty years no one ever talked about the US immigration and I was always like what you do for a living. But now people are saying wow we have this we're not going to take a chance. We need to work permits we need her green cards so let's be in full compliance we've definitely seen a shift. From people that would say this community would happen there all this cost you ask me importers see what happens people don't wanna see what happens and what did you break the first time around. We're also seeing just a lot of resistance from the government in terms of approving cases. Ask you for lots more information. Were definitely getting things done it's taking a lot. Where labor and time. Rosanna very good to hear about all of this we appreciate the analysis to my pleasure this Rosanna birdie a sorority immigration law.
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