NOW, FROM CBS4 NEWS, THIS
IS "FACING SOUTH FLORIDA."
WITH JIM DEFEDE.
GOOD MORNING, WELCOME TO
"FACING SOUTH FLORIDA."
I'M RUDABEH SHAHBAZI IN FOR
JIM DEFEDE.
FIRST, WHAT A CHAOTIC WEEK
ON THE IMMIGRATION FRONT.
PRESIDENT TRUMP EXPRESSES HIS
SUPPORT OF THE ZERO-TOLERANCE
POLICY.
AND WE'VE LEARNED IN THE PAST
SIX WEEKS, MORE THAN 2000
CHILDREN HAVE BEEN SEPARATED
FROM PARENTS ACROSS THE U.S.-
MEXICO BORDER IMMEDIATELY.
THEN AMIDST CONDEMNATION AND
PROTESTS, THE PRESIDENT
REVERSES HIS DECISION AND SIGNS
AN EXECUTIVE ORDER.
HERE IS THE PRESIDENT AT A
RALLY IN MINNESOTA.
WE ARE NOT GOING TO LET IT
HAPPEN, AND BY THE WAY, TODAY,
I SIGNED AN EXECUTIVE ORDER,
AND WE ARE GOING TO KEEP
FAMILIES TOGETHER.
BUT THE BORDER IS GOING TO BE
JUST AS TOUGH AS IT HAS BEEN.
CONGRESS HAS LESS THAN THREE
WEEKS TO FIND A SOLUTION.
THE PRESIDENT'S EXECUTIVE ORDER
PUT A HOLD ON THE POLICY OF
SEPARATING FAMILIES AT THE
BORDER, BUT ONLY FOR 20 DAYS.
ALREADY, ONE HARD-LINE
IMMIGRATION BILL IN THE HOUSE
HAS FAILED, AND A COMPROMISE
BILL THAT WOULD HAVE PROVIDED A
PATH TO CITIZENSHIP FOR YOUNG,
UNAUTHORIZED IMMIGRANTS WHILE
KEEPING MIGRANT FAMILIES
TOGETHER AT THE BORDER, AND
ALSO FUNDING THE PRESIDENT'S
BORDER WALL HAS BEEN DELAYED.
IMAGES LIKE THESE OF CHILDREN
IN CAGES, DEFINING THE CRISIS
THAT HAS SPARKED OUTRAGE.
WE ARE JOINED TODAY BY TWO
ATTORNEYS.
JUAN GOMEZ IS THE DIRECTOR OF
THE IMMIGRATION AND HUMAN
RIGHTS CLINIC AT FIU, AND
CURTIS HUNTER IS A SHAREHOLDER
AND HAS VOLUNTEERED WITH A
NONPROFIT ORGANIZATION THAT
WORKS WITH UNACCOMPANIED
MINORS.
WELCOME TO BOTH OF YOU.
GLAD TO HAVE YOU HERE.
THANK YOU.
YOU BOTH AGREE THE
IMMIGRATION SYSTEM IS BROKEN
BUT THAT'S PRETTY MUCH ALL YOU
AGREE ON, IF I UNDERSTAND.
I THINK WE CAN DEFINITELY
AGREE ON THAT.
IT'S BROKEN.
SO, JUAN, LET'S START WITH
YOU.
WHAT DO YOU WANT TO SEE HAPPEN?
FIRST, WE HAVE TO DE-
ESCALATE.
ONE OF THE THINGS THAT HAS
HAPPENED IS THAT THERE HAS
BEEN, ON THE PART OF THE
ATTORNEY GENERAL, WHO SHOULD
REALLY NOT HAVE PROMOTED THIS
IDEA OF CHARGING PEOPLE ON THE
BORDER.
AND, THE ATTORNEY GENERAL HAS
TO START BEHAVING LIKE THE
ATTORNEY GENERAL, AND THE
PRESIDENT HAS TO ALSO SLOW
THINGS DOWN.
AND THEN CONGRESS HAS TO
RESPONSIBLY SIT DOWN WITH THE
EXPERTS, IN BOTH SECURITY,
ENFORCEMENT, REFUGEE LAW, AND
FAMILY SITUATIONS, SO THAT WE
CAN FIX THE IMMIGRATION AND
NATIONALITY ACT IN A PRACTICAL
WAY, RATHER THAN IN AN EXTREMIST
WAY ON THE RIGHT OR THE LEFT.
BUT THE THING IS THAT, YOU
CAN'T, AND WE ARE TALKING ABOUT
HOW THERE HAVE BEEN TWO PRIOR
EFFORTS IN THE MOST RECENT
HISTORY IN 2013 AND IN 2017, IT
JUST MAKES NO SENSE FOR THE
PARTISAN BICKERING TO THEN
RESULT IN SOMETHING LIKE THIS,
WHERE CHILDREN ARE BASICALLY
USED AS LEVERAGE, OR PONDS, --
PAWNS, IN A POLITICAL GAME.
THAT IS COMPLETELY ABSURD.
AND, THE ATTORNEY GENERAL
SHOULD REALLY, THINK ABOUT HOW
TO USE THE RESOURCES, THE
PROSECUTING INDIVIDUALS,
BECAUSE WE ARE TALKING ABOUT A
MISDEMEANOR.
AND WE ARE TALKING A
MISDEMEANOR THAT HAS TO BE
TAKEN WITHIN THE CONTEXT OF OUR
REFUGEE PROCESSING, WHICH IS
ANOTHER SITUATION, BUT ALSO IN
THE CONTEXT OF ALL OUT TREATY
OBLIGATIONS IN OUR EXISTING
LAWS, OUR STATUTES, OUR
REGULATIONS, OUR CASE LAW.
AND, HOW WE PROCESS
INDIVIDUALS.
AND THEN, YOU HAVE THE EXTRA
PROBLEM OF, EACH PERSON IS VERY
COMPLICATED.
FIRST, YOU HAVE TO IDENTIFY WHO
YOU ARE DEALING WITH.
IS THIS PERSON A PARENT?
THE REAL PARENT?
WHO IS THIS CHILD?
ARE THERE ANY SPECIAL ISSUES?
YOU CAN'T IMAGINE THE RANGE OF
ISSUES THAT WE TAKE ON AS A
NATION WHEN WE ARE PROCESSING.
BECAUSE THAT'S THE KIND OF
NATION WE ARE.
THAT WE ACTUALLY ARE SUPPOSED
TO PROTECT THE REFUGEES, OR THE
ASYLUM SEEKER.
AND, WE ARE SUPPOSED TO TAKE
CARE OF THOSE INDIVIDUALS,
UNDERSTANDING THAT IT'S GOING
TO TAKE A LONG TIME TO MAKE A
CORRECT DECISION.
I WILL LET CURTIS JUMP IN.
I ESPECIALLY AGREE WITH YOU
ON ATTORNEY GENERAL JEFF
SESSIONS.
HE SHOULD ACT LIKE AN ATTORNEY
GENERAL.
BUT, WITH DIFFERENT
INVESTIGATIONS ONGOING RIGHT
NOW.
I BELIEVE HERE, IF YOU GIVE IT
SOME BACKGROUND AND CONTEXT,
YOU WILL SEE THAT HE PROBABLY
DID.
ALTHOUGH IT WAS NOT POPULAR AT
THE TIME, MAKE THE RIGHT
DECISION, BETWEEN MARCH 2007
AND MARCH 2018.
ON AN INCREASE OF 200% IN THE
BORDER CROSSINGS.
FROM MARCH 2018 UNTIL APRIL
2018, WE SAW A 37% INCREASE,
JUST IN THAT MONTH ALONE.
THAT WAS THE HIGHEST INCREASE
OF ANY MONTH SINCE 2011.
SO, HE SAW IMMEDIATELY THEN TO
ENFORCE THE LAWS ON THE BOOK.
I THINK THE PROBLEM HERE, YOU
HAVE THE SETTLEMENT CAUSING
THAT REQUIREMENT, BEING HELD
FOR 20 DAYS, THAT'S CAUSING A
LOT OF PROBLEMS HERE.
AND PRESIDENT TRUMP I BELIEVE
MADE THE RIGHT DECISION.
IN THE EXECUTIVE ORDER THIS
WEEK.
NOBODY WANTS TO SEE CHILDREN
SEPARATED FROM THEIR PARENTS.
AND AS YOU CORRECTLY ALLUDED TO,
SINCE THIS ZERO-TOLERANCE
POLICY WENT INTO AN EFFECT IN
APRIL, THERE HAVE BEEN 12,000
DETAINED, ONLY 2000 OF WHICH
WERE ACCOMPANIED BY AN ADULT.
AND, 10,000 WERE UNACCOMPANIED.
AND OF THOSE 2000, THANKS TO
THAT EXECUTIVE ORDER, 500 OF
WHICH HAVE BEEN REAPPOINTED
WITH HER PARENTS.
DHS SAYS THIS IS NOT A POLICY
TO SEPARATE FAMILIES.
THE POLICY IS THEY CAN ONLY
SEPARATE THE CHILD FROM THE
ADULT IN A FEW SITUATIONS.
ONE OF WHICH IS THEY CAN'T
DETERMINE THERE IS A FAMILIAL
RELATIONSHIP BETWEEN THE ADULT
AND A CHILD.
AND THE LOOPHOLE WAS CREATING A
LOT OF PROBLEMS THERE, BECAUSE
THE WORD IS GETTING BACK TO
OTHER COUNTRIES THAT YOU CAN
COME WITH A CHILD, AND WHAT
OBAMA DID UNDER HIS PRESIDENCY
WAS IN 2014 AND ON,
PARTICULARLY FROM 2016 ON, HE
TRIED TO FIGURE OUT A WAY, WITH
CONGRESS, TO HAVE CHILDREN
REACQUAINTED WITH THEIR
FAMILIES AND STAY WITH THE
FAMILIES THROUGH THE PROCESS.
HE RELEASED THEM ALL INTO
SOCIETY.
THAT IS ONE OF THE WAYS THAT
CHILDREN WERE SEPARATED.
IF YOU CAN'T DETERMINE A
FAMILIAL RELATIONSHIP.
WELL I HAVE TO PUSH BACK ON
THAT A LITTLE BIT.
BECAUSE THEY ARE NOW
CLASSIFYING CHILDREN AS
UNACCOMPANIED AFTER THEY'VE
BEEN SEPARATED FROM THEIR
PARENTS.
SEPARATED FROM THEIR PARENTS
AND THEN CALLING THEM
UNACCOMPANIED AS OPPOSED TO THE
CHILDREN WHO CROSS THE BORDER
BY THEMSELVES.
WHICH CREATES A MASSIVE
PROBLEM.
RIGHT.
THE SECOND REASON, THEY CAN BE
SEPARATED IF THE CHILD IS AT
RISK.
WE DON'T KNOW FOR CERTAINTY WHO
THE ADULT IS, WITH THE CHILD OR
COMMAND.
IT COULD BE HUMAN TRAFFICKERS,
IT COULD BE JUST ANYBODY
CLAIMING TO BE AN ADULT, TRYING
TO GET A RELEASE UNDER THE
PRIOR POLICY OF PRESIDENT
OBAMA.
THIRDLY, IF THE ADULT IS --
CRIMINAL PROSECUTION.
THAT'S WHERE THEY ARE
SEPARATED, WHICH THE BRUNT OF
IT NOW IS, THEY ARE BEING
SEPARATED.
AND YOU ARE RIGHT, THE CHILDREN
ARE DETERMINED AS UNACCOMPANIED
AT THAT POINT UPON SEPARATION.
PREVIOUS ADMINISTRATIONS
INCLUDING THE OBAMA AND BUSH
ADMINISTRATIONS HAVE KIND OF
SAD, YOU KNOW, WE ARE GOING TO
RESERVE PROSECUTION FOR PEOPLE
THAT HAVE COMMITTED CRIMES
OTHER THAN CROSSING THE BORDER
ILLEGALLY, NOT SO MUCH MOTHERS
AND CHILDREN.
WE HAVE A TREATY AGREEMENT.
WE HAVE OBLIGATIONS TO NOT
PROSECUTE ASYLUM-SEEKERS.
THIS IS THE THING.
PEOPLE NEED TO UNDERSTAND HOW
COMPLICATED THE ASYLUM PROCESS
IS.
AND, ATTORNEY GENERAL SESSIONS,
IF YOU WANT TO READ REALITY,
READ A CASE.
THERE WERE TWO RECENT
DECISIONS.
BUT ONE IN PARTICULAR, WHICH
BASICALLY AUTHORIZES
IMMIGRATION JUDGES TO CUT OFF,
IF THEY BELIEVE THAT THERE IS A
FATAL FLAW.
YOU CANNOT IMAGINE HOW
DIFFICULT IT IS TO TRY TO GET A
FULL STORY FROM A CHILD, AND AN
ADULT.
YOU HAVE INDIVIDUALS WHO DON'T
EVEN SPEAK -- I'M TALKING ABOUT
SPANISH.
YOU HAVE INDIVIDUALS WHO HAVE
NO IDEA WHAT OUR LEGAL SYSTEM
IS.
THINK OF US.
WHEN WE HAVE A LEGAL PROBLEM,
WE DON'T GO INTO COURT BY
OURSELVES.
WE USE LAWYERS.
MOST OF YOU UNDERSTAND THAT
THERE IS NO LEGAL RIGHT TO PAID
COUNSEL IN REMOVAL PROCEEDINGS.
SO, THIS IS A PROBLEM.
IF I MAY, THERE IS JUST ONE
THING THAT WORRIES ME.
THAT IS THAT THERE IS THIS
HOSTILE ENVIRONMENT THAT HAD
BEEN CREATED, AND THE
PROSECUTION JUST MADE IT WORSE.
THE PROBLEM IS THAT, WE DO HAVE
A FISCALLY SOUND AND HUMANE
SOLUTION, WHICH IS, WE WERE
USING MONITORS.
THERE IS NO NEED.
THE OTHER PART IS THAT THE U.S.
HAS HISTORICALLY, FOR DECADES,
KNOWN HOW TO DEAL WITH MASS
MIGRATION.
HERE, THESE PEOPLE ALREADY ON
U.S. SOIL, WE CAN USE THE
MONITOR.
IT'S AMAZING HOW USING THESE
MONITORS, THE BRACELETS, PEOPLE
RETURN.
IT'S LIKE A 90 SOME PERCENT
RETURN RATE.