ICE Raids, Habeas Corpus, “Dancing Ants!”

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[00:00:00]How do I know this? Joseph Patrick Murphy knows this. Uh he knows what happened and he saw this video. U the the reason why I love you is you're so pragmatic.

[00:00:11]None of what you saw in this and none of what happened yesterday got you excited at all. Even though the media got all riled up that ICE is at it again, violating people's rights, sir.

[00:00:22]None of that. None of that.

[00:00:23]>> Well, it's part for the course, Marty. I mean, that's the the nature of the game.

[00:00:27]We we talk about it here and it it's gotten rough. Uh it's been rougher. Uh not much rougher, but it has been rougher in my career. These are people who do not want to be taken in and uh the government uses different methods to to capture them and that includes in some cases trickery. Uh a lot of people don't like the way that feels and I don't blame them. Um ideally the government shouldn't be engaging in trickery, but it's got a job to do and it's got a job to do and has to do it fast. This was voted for again by a very large majority of Americans. This wasn't just an electoral victory. This was a numeric victory. So, uh, you know, if you don't like it, that's fine. That you're allowed. If you want to protest it, that's fine, too. Get your get yourself in a But I I wouldn't get worked up that this is the end of the world. This is about the way immigration enforcement has historically worked.

[00:01:15]>> You represent a couple of those folks I saw running around like ants at a picnic.

[00:01:21]Uh, well, we've we've talked to one or two of them. Yeah.

[00:01:24]>> What happened? What was that?

[00:01:26]>> I'm I'm not going to get into I can't, Marty. I want to, but I can't do that right now.

[00:01:30]>> What do you mean? ICE told me what it is. I mean, all of them are here illegally, and they shouldn't be here illegally, and they arrested them. Is that fair?

[00:01:37]>> Yeah. And there was a little bit of effort to evade. There was people running around like you said.

[00:01:41]>> Yeah.

[00:01:42]>> A lot of these people don't want to be taken. Uh, they they like it here. And it's just amazing how much and how willing they are to fight just to stay here. uh you know many of the migrants now they're different than different you know other generations of migrants most recently and in my experience the people from the cold war the Soviet refugees they wanted to be Americans they certainly wanted to be out of where they were and they wanted to be here instead of there um we're seeing a lot of people now who are really coming uh to engage in parallel play they don't want to be Americans they have no interest in it um they're good workers I I can't necessarily say say but that's that's the the the claim to fame here. You grab them and even when I says, "What have you been doing here?" They working. You know, when I [laughter] sometimes they'll come in here, they they'll come in here and they want to get a green card and I'll did you marry a citizen or is there an employer sponsoring you?

[00:02:33]I've been working and I I appreciate that and they're great workers and everybody notices that, but uh that that I don't know how that got >> correct because you said something profound actually and very pragmatic.

[00:02:48]Some of these employers are in a lull.

[00:02:49]They're like, "Come on back.

[00:02:50]Everything's cool." But it isn't, is it, sir?

[00:02:53]>> It's not. And it's it's actually getting worse right now. I think we were talking earlier about that bond hearing I had this morning.

[00:02:58]>> Yeah.

[00:03:00]>> You know, we this was a hardfought battle just to get a square hearing.

[00:03:04]>> Scenario here cuz I love this guy and uh I become friends actually with one of his employees. Lay this out for our listeners.

[00:03:12]kid walks into the United States at 17 years old and uh that that makes them a minor. Obviously, there's special programs for the protection of minors that wander into the United States.

[00:03:22]They're particularly at risk for exploitation. They're in a foreign country. They are less likely to report crimes that are done to them. So, the government created a program to protect them called special immigrant juvenile status. And somebody, I don't know who it was, but maybe a charitable organization years ago got him classified as a special immigrant juvenile. he's got an approved petition.

[00:03:43]Uh o only a certain number of them can become green cards in any given year.

[00:03:48]It's an overs subscribed program. So there's a waiting period. Even though the petition's approved, they don't really have a status. Their status is waiting for their their number to come up in the rotation so they could apply for a green card. So in addition to that, in order to protect these kids, they gave them something called deferred action. It's similar to DACA and they should be immune from immigration arrest. uh back in January. This kid now 23 >> by the way, very successful roofer, just had a baby, really cool family man, great guy. Go ahead. Name Luis, >> great great name. Great values, everything like that.

[00:04:23]>> Uh and he really is I really like this guy. They they arrested him in spite of the deferred action going back to court saying he doesn't have it anymore. Yeah.

[00:04:32]And that that created a situation where he was placed into deportation proceedings. Now, this in spite of the fact that he has waited all those years for his number to come up and he's 45 days off of the number.

[00:04:43]>> Wow.

[00:04:44]>> Uh we asked multiple times for continuances uh delay. They refused to do that. Full full, you know, full full strength forward and now they got it. They went through and put a deportation order on this guy which we've appealed.

[00:04:59]>> I asked for bond to get him out of there so he could be out of detention pending appeal. Uh denied. Wow.

[00:05:06]>> Now, that was a bad that was a bad denial. It was against the law. So, I filed a lawsuit in federal court to order that they didn't deny him bond.

[00:05:14]They wouldn't let him have a bond hearing.

[00:05:15]>> Wow.

[00:05:16]>> So, I went I went to federal court and had them issue an order. Give this man a bond hearing within 7 days or release him. Uh yesterday at day five, I emailed the the US attorney that I was corresponding with. I said, "Did you guys, you know, this is day five. We're on we're on a clock here." He says, "Oh, yeah. It's tomorrow morning at 9:00.

[00:05:36]Wow. Uh, I had not received any notice.

[00:05:39]Uh, I came in a little early to see if there'd be something in my email or maybe someone would call the office.

[00:05:44]>> Nothing came. Finally, I called the clerk of the uh, immigration court out in Newark, New Jersey and gave him the alien number. And he said, "Oh, yeah.

[00:05:51]You've got an 8:30 >> in front of Judge Wilson." Now, Wilson is the judge that initially denied the bond.

[00:05:58]>> Wilson did give him bond. She said, "I've looked at this. This is a good kit. that had noted all the equities that you and I just talked about the the closeness and time all these things after running through all these hoops the government just appealed the award of bond.

[00:06:11]>> Oh, >> so he doesn't he doesn't get out.

[00:06:14]>> Uh yeah, it's different because like if you and I get arrested, you go to night court and they do the the provenary arignment and set bail, but there isn't somebody there arguing against you getting it. The the night court magistrate sets bail and you're out.

[00:06:27]>> My man, why do they want him so bad?

[00:06:29]What are we doing here? It's not him.

[00:06:31]>> It's the >> It's not him. It's that Yep. It's the inversion of the process. There are plenty of programs that have this problem where there's a limited number, there's a cap, a limited number of these visas. Well, a limited number of these visas that can be approved in a year.

[00:06:45]Um, and they're overs subscribed programs. They created a program for crime victims called U Visa. These are people that were victims of serious crimes here in the United States, >> uh, that are testifying. And a lot of people got the idea that the U visa is like a a booby prize for getting hurt in the United States. That's not what it's about. It's so the prosecution can keep you here and catch whoever did this crime. So there's a requirement of cooperation. Uh but the UVA program, I think there might be 10,000 a year in the entire United States. We could do 10,000 in Pennsylvania alone.

[00:07:16]>> So So this guy this guy is screwed.

[00:07:20]>> No, I don't think he's screwed. I think the because the clock keeps ticking toward those 45 days. Now, he doesn't get one day for each day that goes by in in like regular time because that date has changed every month. It can go in the other direction sometimes. But I given the history of how that program moves, my suspicion is that his number will come up July, maybe August.

[00:07:44]>> Could they prior?

[00:07:48]>> Uh, no. Because we've appealed the deportation order, which means it's not final.

[00:07:52]>> Unbelievable.

[00:07:52]>> Additionally, we're going to apply for a formal stay of deportation.

[00:07:57]The hardest part here, Marty, is going to be explaining to this young man that he's got to spend another couple months in there to get his green card.

[00:08:06]>> And let's be honest, if this is 2 years ago, my man's out on the street, no one gives a damn.

[00:08:11]>> If this was 6 months ago, he's out on the street. I mean, it's really immigration starting in August got a bunch of new cases.

[00:08:18]that they really can beat the hell out of these immigrants. And that's that's to your point because they can hold them in there and eventually eventually a large portion of them give up. They say they put their hand up, they say, "Fine, I'll take the $1,000. Get me out of this place." Because they conclude very quickly that free in Latin America is more fun than in jail in Philipsburg, Pennsylvania, >> which was our conversation yesterday about Jose.

[00:08:44]He said, "The hell with it. I'm going back to Nicaragua. To hell with it.

[00:08:46]Screw it.

[00:08:48]Well, he he wasn't in jail. He wasn't detained. I think Jose was more of a uh writing on the wall thing because uh although I didn't rep him, um >> you know, I I I don't we had some minor contact with him.

[00:09:04]>> At some point he called here uh didn't hire us, but I remember thinking that that case was going to need some work.

[00:09:11]Uh, I didn't think it was baloney, but I think it was I don't know if he drafted it himself or he hired some immigration helper or something like that.

[00:09:18]>> Hey, before I let you go, I got to get back to the video yesterday. The ants to picnic.

[00:09:23]>> Most of those guys, >> most of those guys have no driver's license. No one gives a damn 6 months ago. Now >> they do and they're gone. They're screwed.

[00:09:35]>> It's the game.

[00:09:36]>> It's an easy way to easy way to round these people.

[00:09:38]>> It's the game. Yep. Right, Joseph Patrick, my man. You're the best.

[00:09:43]Thanks, brother.

[00:09:45]>> Thank you, Marty.

[00:09:45]>> He is. He's the best there is. He's fantastic.

[00:09:48]>> Listen to KDKA radio on the Odyssey, iHeart Radio, or TuneIn apps.

[00:09:54]>> I'm Ed Evans, CEO of Consumer Cellular.

[00:09:56]No.