Judicial Opinions and Immigration Policy Debate
Discussion on federal judges' rulings, immigration policy, constitutional issues, and the societal impact of deportations amidst legal challenges.
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Will Trump back down from birthright citizenship fight
Added on 01/27/2025
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Speaker 1: Rarely do you hear federal judges state things. I'll just take this to Arthur, because he's the attorney at the table. I've had a lot of duties. Rarely. My God, for me it's rarely, but sometimes they, yeah. Do you hear judges, I mean, on these constitutional issues, right? And he's like, guys, are you serious?

Speaker 2: Yeah, this is a judge who's been around a long time. He's a Ronald Reagan appointee. And I mean, it's just, yeah, it's kind of elementary. I mean, it's just something that's clearly written in the Constitution. And, you know, I feel bad for the lawyer. Like, you know, we're talking about blind loyalty to Trump. Like, sometimes you have to say, Mr. President, like, I know you want this out there, you want this idea out there, but we can't go in federal court and do it, because I'm gonna be embarrassed, and maybe I'm gonna even be sanctioned. You know, judges could sanction you in federal court for putting in a frivolous motion. I mean, it's that clear. If he wanted to really do something, he could talk about a constitutional convention, which is very, very hard to do, to change the United States Constitution into what he wants. But it's pretty cut and dry. If Justice Scalia was with us, who was a textualist, what the text says is what it means, he would say, get out of my program.

Speaker 3: I think it's intentional what they're doing, and I think they know what they're doing. I know it seems ludicrous on its face, but before the show tonight, I might or might not have been doing some Googling about movies, which we'll get to later. But there was a scene in Jurassic Park with the raptors, and the kid asked, what are they doing? He goes, they're testing the fences. And I think that's what they're doing right now, is they know they can't get through, so they're testing their limits. And if you read what Stephen Miller wrote in the New York Times in November of 2023, he outlined this strategy verbatim. He said, we're gonna overwhelm them, we're gonna talk about the 14th Amendment, we're gonna deport a lot of US citizens and other folks who may just get in the way as we're trying to get rid of bad people, quote unquote, in their mind. So they know what they're doing. So I think this is very intentional for all of us going, oh, this could never happen in our country. They're testing the fences.

Speaker 1: Well, to your point, they started the deportation raids and arrests this week. In Newark, they arrested some folks, and according to the mayor there, agents raided a local establishment in the city of Newark, detaining undocumented residents as well as citizens without producing a warrant.

Speaker 3: Let me jump in before you, let me finish that statement, because as I was coming in here tonight, I was having dinner with a reporter, and they found out that one of these US citizens is an Army veteran.

Speaker 4: Right, yes. That's the guy. That's the- That's the guy, the guy had to, they were offended that they had to produce some sort of legal document showing that he was a citizen. And he was questioned about whether those documents were valid. Could you imagine if Joe Biden issued an executive order saying, you know what, I don't really like elements of the Second Amendment, I'm just gonna get rid of it. Could you imagine the craziness? All these people, Arthur, that, you know, I used to work with at Fox, with little pocket constitutions they would pull out every day. Could you imagine the head exploding if Joe Biden did something like this? And yet, when it comes to the Constitution, nobody cares. Not only is he

Speaker 2: testing the fences, but Abby, you remember, you reported on the polling before Election Day. Immigration and migrants, I believe, correct me if I'm wrong, was like the number one issue. So this is what the American people voted for, it's 53%. They wanted the TV president who was gonna be a tough guy, who was gonna throw people out of the country.

Speaker 1: This is who they voted for. Okay, I'll give you the, they voted for the deportations. They did not vote for- For the TV guy? No, I'm talking about the birthright citizenship of it all, they did not vote for that.

Speaker 5: I think the goal all along was for this to go to the Supreme Court. I mean, that is the goal all along, is to let the Supreme Court make a decision, a rendering on what exactly, and how exactly this should play out. There is a question about fairness. If somebody gets here illegally and gives birth, should that baby be an American citizen? I don't think it's a question of- I don't think so. Why should that baby- I don't think it's not a question of fairness.

Speaker 1: I think it's a question of what the Constitution says and what it doesn't say. I would be surprised if this does go to the Supreme Court. They would not grant cert on this because they, it says what it says. It says what it says. We'll see.

Speaker 2: The Supreme Court takes cases where there's a real controversy. Here, I don't think you're gonna get four judges to say, well, this is a question we have to answer.

Speaker 1: It's been over 150 years, and there's been no controversy about it.

Speaker 6: You know, I do think that it's definitely a fact that Americans voted on this. They voted on immigration, they voted on the idea that it was somebody else's fault that their lives aren't going the way they would want them to go. I do wonder, though, how much of this Americans will take. There's going to be animus, danger. There's going to be Americans inconvenienced. There are gonna be people hurt. There are gonna be people detained. This is not going to go well. And what kind of appetite the average American has for this?

Speaker 2: We've done this before. Abby would know better than I. I believe under President Obama's administration, they deported eight million, nine million? No.

Speaker 1: Yes, yes. Not quite that many, but you're just-

Speaker 3: It was more than Donald Trump

Speaker 1: in his first administration. More than Donald Trump. Yeah, he, I mean, there are plenty of Republicans who stand in awe of how many people that Obama was able to deport, because it was quite a lot over two years.

Speaker 3: So much so, they labeled him the deporter-in-chief. And I'd also like to add to what Van is saying here, is there's more repercussions to this. We all lived through this before. And what's gonna happen with this U.S. citizen is they now can bring it to court and sue the U.S. government for what's just happened, and we all get to pay that penalty.

Speaker 4: Well, I'll go a step further. There are reports that in Bakersfield, California, 75% of agricultural workers, farm workers, didn't show up to work yesterday, because they're afraid of deportation. What's that gonna do to our food supply? Right? Americans also voted for cheaper groceries. They voted for, you know, I think Donald Trump said, I mean, the press said he was gonna get rid of high prices for bacon, for eggs, and for apples. Good luck. Who do you think works in those meat processing plants? Who do you think picks those apples?

Speaker 2: I don't think, I don't know. I don't think that's who they're targeting. I don't think they're targeting guys.

Speaker 4: They're targeting American citizens in Newark.

Speaker 2: No, okay. I don't think they're targeting people who are working on farms, who are productive members of society. They had a race. That's Newark, New Jersey. No, no, no, they had a race. You and I know it's not exactly. Well, I'll tell you this. They had a race. They're not going to the farm. Yes, they did. They're not getting the apple pickers. Yes.

Speaker 4: What farms did they go to? In California, in Bakersfield, they went to the farms. That's why people didn't show up. That's the whole point.

Speaker 6: Well, did they not show up, or did they? Both. The reality is that they don't know who they're targeting, so they don't feel safe. They don't feel safe going to restaurants to work in restaurants in Chicago. They don't feel safe going to work in farms in Bakersfield, in the middle of the country. They just know that they are being targeted, and they can't put any faith into the fact that they're going to be able to go to and fro without being molested by ICE. So to me, all I'm saying is, that right there is going to be something that just the images that you see on television and the prices that you pay in the supermarket, that Americans are going to have to contend with.

Speaker 1: Well, one thing that I think we should all keep in mind is going to be four years of this. So everyone just pace yourself. We're going to see a lot of these kinds of challenges designed to test the system.

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