What REALLY Happens if US Stops Migration Forever

NTD News

President Trump posting on Truth social said he will “permanently pause migration from all third world countries.” Joining us to discuss is Andrew Arthur, Fellow in Law and Policy at the Center for Immigration Studies, and Former Immigration Judge.  - SUBSCRIBE HERE: http://www.youtube.com/subscription_center?add_user=THERUNLISTCHANNEL  -- 👉 Original Documentary Library:  https://vimeo.com/user109504031/vod_pages - 🍀 Support NTD: https://donorbox.org/ntd  -- © All Rights Reserved.

Transcript

00:00who will permanently pause migration from all third world countries.

00:04Joining us to discuss is Andrew Arthur, fellow in law and policy at the Center for Immigration Studies

00:09and former immigration judge.

00:12So good afternoon, Andrew. Hopefully you had a good Thanksgiving holiday.

00:16So about what Trump said, you know, what would the process look like legally?

00:21How would he enact such a pause in migration?

00:24So what the administration would do, what the federal government would do is

00:31it would shut down visa counseling in certain countries.

00:36Individuals from those countries, when they apply for visas come to the United States,

00:41they would find that their applications had been paused

00:45and that they wouldn't be allowed to obtain those visas in advance.

00:49And for those individuals who already have visas, when they show up at a port of entry,

00:54CBP would then turn them around.

00:57That's a slightly more legally difficult process.

01:01But thanks to something called the principle of consular non-reviewability,

01:05the president does have the ability to stop the immigration to the United States

01:10of any individual or individuals that he deems appropriate

01:14for any period of time that he deems appropriate.

01:17So he actually does have the power with respect to those individuals to come to the United States.

01:24You know, Andrew, I can't help but think, whether it's tariffs or anything else

01:31he President Trump tries to do, there's always something that happens,

01:35like a bump in the road or something.

01:38Would there be some possible obstacles that he could potentially face,

01:42whether legally or otherwise?

01:44So, yeah, I anticipate that if the president were to act on this plan,

01:50that advocates would go to court, would attempt to get a temporary restraining order

01:56or preliminary injunction of that policy.

01:59Now, we saw something very similar under the first Trump administration

02:04when the president placed bars on the admission of immigrants from certain countries to the United States.

02:15That was the travel ban or what the president's critics called a Muslim ban.

02:20That went all the way to the Supreme Court.

02:22Lower courts had actually blocked the president's proposal.

02:26But when it got to the Supreme Court, the Supreme Court found that the article of law that he used

02:32as the basis for that program oozed deference to the executive at every turn.

02:38And that was an actual direct quote from the decision.

02:41So the president actually has the authority.

02:44The question becomes whether as a political matter it's going to be popular

02:49or whether it's one of those things that needs to be done on a large scale.

02:53I could definitely imagine that we need to do a better job of vetting people

02:57before they come to the United States,

02:59vetting people before they're granted asylum,

03:01and vetting people before they get green cards.

03:04But, yeah, I think that what you're actually going to see is a much more tailored

03:07process than what the president is describing.

03:12So, Andrew, let me ask you something specific about the post.

03:15It said that the government would denaturalize migrants

03:18who undermine domestic tranquility or are non-compatible with Western civilization.

03:24I'm wondering, is this legally a valid reason for stripping citizenship?

03:31I think that what the president was referring to there,

03:34as the congressman had alluded to earlier,

03:38was individuals who were engaged in fraud in order to gain naturalization

03:42can be denaturalized.

03:44If you gain any immigration benefit through fraud,

03:49that benefit can be taken away from you,

03:51and that includes naturalization.

03:53But, you know, simply denaturalizing individuals

03:57because, you know, they have beliefs that are at odds

04:02with, you know, other beliefs that other Americans have,

04:06that's a much more questionable legal issue.

04:09I think most people that have citizenship who have been sworn in,

04:13who didn't engage in fraud,

04:15are going to be able to keep, will be able to keep that status.

04:18I think the courts would definitely knock down any attempt

04:20to take their citizenship from them.

04:23But I think that what you're going to see is a much more broader review

04:26of past naturalization grants

04:30to see if there were indicia of fraud

04:33to do investigations and then to denaturalize people.

04:36But, yeah, there is a legal process for denaturalization,

04:39but it is extremely limited.

04:42Okay.

04:42And the Trump administration is apparently looking at deporting

04:46the shooting suspect's family.

04:48So on what grounds could this be done legally

04:51if the family weren't involved in the crime?

04:53So under the Immigration and Nationality Act,

04:58if an individual carries out a terrorist attack,

05:01engages in terrorist activity,

05:04then not only that individual,

05:06but that individual's spouse and children

05:08are also removable from the United States.

05:11This is a very rarely used provision in the law,

05:14but it's one that's been in the law for two decades plus now.

05:18So the president does actually have the authority to do that.

05:22The Department of Justice, DHS, do have that authority.

05:26And, in fact, if those individuals are taken into custody,

05:29they can't be released from custody,

05:31even if they didn't know anything about the terrorist attack.

05:35And this is, you know, not to punish them,

05:38but more to give individuals who would think about

05:41engaging in terrorist activity pause before they do that.

05:45And I think that that's a pretty laudable goal.

05:47Okay, Andrew, I just have one more thing.

05:51I'm wondering about this migration pause.

05:54So on an international level,

05:56some nations say the U.S. has an obligation

05:58to accept refugees and asylum seekers.

06:02So, I mean, does the U.S. have any obligation in this regard?

06:08No, actually not.

06:10With respect to refugees,

06:13there is a provision in the law

06:15to bring refugees to the United States,

06:18but the executive branch has full discretion on

06:21which refugees should be allowed to come

06:24and in what numbers they're allowed to come.

06:26So, you know, that itself is not actually going to be an issue

06:31if this is the way that the president decides to go.

06:34With respect to asylum,

06:36if an individual doesn't have any right

06:38to enter the United States initially,

06:40the United States isn't under any obligation

06:43to allow them to enter this country.

06:46Now, people could come illegally

06:48and apply for asylum that would be covered by this,

06:51but the federal government does have the authority

06:54to detain those individuals

06:56until they're actually granted asylum.

06:58And I think that this particular class of individuals

07:01would be subject to additional scrutiny,

07:03more vetting, things like that.

07:06So, you know, I think that this is one of those things

07:09where, you know, certainly on the margins,

07:11it's more, it's definitely legal.

07:14But I think that, you know,

07:15the president is simply, you know,

07:18expressing outrage at how many individuals unvetted

07:21were allowed to come to the United States

07:23under the last administration.

07:26Well, all right, Andrew,

07:27I think that about covers it.

07:29Thank you for explaining this so clearly for us.

07:32Thank you so much for having me today.

07:33President Donald Trump says the U.S.

07:37will soon launch new ground operations

07:39aimed at shutters.

Category

Transcript

Be the first to comment

Recommended