Legal AF by MeidasTouch - Trump Appointed Judge MAKES SURPRISE RULING Against GOP Plan

Episode Date: March 12, 2024

In a rare immigration policy WIN FOR PRESIDENT BIDEN, a Trump appointed Texas federal judge of all things has ruled against Texas and 21 other red states and upheld the new “humanitarian parole” program which has lowered illegal entry from Cuba, Haiti, Nicaragua, & Venezuela by 44 PERCENT in less than a year. Michael Popok explains how the Judge’s being REVERSED by the US Supreme Court last year concerning other Biden immigration policies likely led to this ruling. Head to https://REELPAPER.com/LEGALAF and sign up for a subscription using code LEGALAF at checkout, and automatically get 30% off your first order and FREE SHIPPING! Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

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Mayorkas for a program of theirs they have used to try to alleviate the flow of Illegal immigrants into the country one of the programs that they devised was attacked no surprise by 22 MAGA right wing states brought in, they brought a case in the Southern District of Texas, they drew Judge Drew Tipton, which by all accounts should have been a win for them because he was appointed by Donald Trump, but for many reasons, including the fact that Judge Tipton got reversed and overturned by the United States Supreme Court on immigration issues right around the time this particular program was rolled out. Judge Tipton has ruled in favor of Joe Biden, the president parole program those people from Cuba Haiti

Nicaragua and Venezuela and CHNV the CHNV people who try to come to this country can apply through our immigration officials to have a Humanitarian parole for two years as long as they have a financial sponsor, 360,000 people from Cuba, Haiti, Nicaragua, and Venezuela can apply for that program.

And as it's been running for the last year uninterrupted, over 96% of those that applied were approved. And the impact is that it has dramatically lowered by over 44% the flow of immigrants coming into this country through illegal status. That's a good thing. You would think if that's what the states are worried about, the surge of illegal migrants coming through

the Southern border, any program among many used by the Biden administration to lower that number would be a good thing, which is the point that Judge Tipton made right at the top of his decision, when he said these 22 states don't have standing because they don't show any injury because the program is working because of the 360,000 people that are now

getting a proper legal status in the sense of humanitarian parole for two years with a financial sponsor in place, meaning no burden on the social programs of these states. And it's lowered the illegal activity by 44%. So what's the harm? No harm, no standing, no standing. Your case is dismissed. Now that's the ruling, which is a, like I said, a rare win. If you would have told me come into this hot take that a Trump appointed judge in Texas, in the Southern District of Texas, was going to rule for Joe Biden on immigration and against Texas, its governor Abbott, its attorney general Ken Paxton on the issues of immigration. I would have said, what are you? I, it's Governor Abbott, it's Attorney General Ken Paxton. On the issues of immigration,

I would have said, what are you, I know it's legal now in many states, but what are you smoking? But that's the result. Now, I read the 31-page decision by Judge Tipton. Very well, very well resourced, very well sourced in terms of information, a lot of data about the impact of the program

just in the last year. I mean, that's a dramatic impact. You run the program for less than a year, the CHNV Humanitarian Parole Program, and you get a reduction in the people coming into this country illegally by 44%, including in all the states that sued. What's the harm?

In fact, this is a very good thing as the judge noted. And think about the link in the program. It's not just letting them in, giving them a desk appearance ticket and letting them come back in two years to see how they're doing. They have to have a financial sponsor, which of course is the way the Biden administration and Secretary

Majorcas built in And insulated themselves against the argument that these people would be a burden on the social welfare states a social welfare programs of these individual States because they have financial support coming in right they have to in order to get approved. And in fact, from Cuba, Haiti, Nicaragua and Venezuela, 96 percent or more have gotten approved by having this financial sponsor. People want to be reunited with their family. How shocking. I thought the Republicans were the family party. Apparently the Democrats are the family party because they don't like to see

children separated from their families and mothers and parents and an extended family separated from theirs in the United States. And so as long as the person sponsoring, of course, is a citizen or has proper status, has financial means, they can sponsor somebody from Cuba, Nicaragua, Nicaragua 80 in Venezuela and bring them in. This is a test program. I'm sure the Biden administration and Secretary Mayorkas, as soon as he's done with the phony impeachment against him, will roll out other similar programs for other hotspot countries. They can come up with something customized

for Mexico, for instance, from Columbia, for instance, and other ways to alleviate the crisis at the Southern border that we all acknowledge. So before programs like this, not against it. And where, as the judge pointed out, where does the administration get its authority and power from, it's delegated to them by a statute that's passed by Congress.

This isn't just Joe Biden getting up one day with a sweep of his pen on an executive order with no other basis, just using executive power, although that's okay too, in many circumstances. This is based on a statute, 8 USC 1182 in our code book, which empowers the attorney general or his delegates, who he delegates authority to, to grant parole to what they refer to as aliens. I'm sorry, that's the word in the statute. I know everybody got very upset with our president during his State of the Union when he gave a one hour speech and he had a little bit of a slip with the current terminology and vocabulary

that's accepted politically correct about people who don't have proper status. But putting that aside for a minute, they are listed as aliens in our code book that the Attorney General can grant aliens humanitarian parole or if there is a significant public benefit to giving them that kind of parole, hence the program on the backs of that congressional law. Now Tipton is an interesting, you know, lottery selection, right? He was randomly selected by the wheel in Texas, but he has a little bit of a background in getting

reprimanded by his bosses at the appellate court, including all the way to the Supreme Court. So he was treading very lightly here. He already ruled against the Biden administration last year. Right around the time this program was implemented, this pro, humanitarian parole program, he had another problem, the judge, with an executive order issued by President Biden about immigration. That was so wrong that even the Fifth Circuit Court of Appeals,

which is a tremendously right wing leaning Trump loving circuit ruled against Judge Tipton and said, no, he has executive power that's proper within the presidential executive power. It went up to the Supremes and by an eight to one vote, they voted against Judge Tipton and found that he had overstepped his boundaries in improperly assessing executive power. So that Judge Tipton is the judge that got this case, and he wasn't going to make that

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first order plus free shipping. So let's stop flushing our forests and try Reels tree free paper. Reel is paper for the planet. So here in this case, he said, because this is what a federal judge, whether appellate or state appellate or trial has to do at the inception Has to determine if the party in front of them has standing. That's the first analysis do they have a proper ticket into the courtroom and standing is an important

Constitutional concept if you don't have standing you can't bring a suit. You're not the right party to attack this suit. We don't want everything the government does addressed in a courtroom unless you have been specifically injured in some way that's different from the injuries at large. There's other ways to challenge acts of Congress and things like that, but you have to have standing. And this is not the group that has standing 22 states

that are crying about made up fictional negative impacts on their social programs and increased tax dollars spending because of people given two years of humanitarian parole. Now they argued on the state side, it's just an end run to round, it's just letting in illegals, their word, not mine, illegals into the country through another method. And it shouldn't be allowed, not this type. That just completely, as the judge says, judges completely ignores the

requirements of the program that the person come in being supported by somebody who vouches for them financially. So that and the fact the program is working completely is the reason the judge ruled you're out of here. Case dismissed on standing grounds. So they'll take their appeal to the Fifth Circuit, I am sure. You know, again, this rare win for the Biden administration is a radioactive red letters for MAGA.

They'll take it to the Fifth. They'll hope that they'll convince the fifth. And I think they're going to have a lot of problems because there's a congressional statute on the books that allows for the attorney general to set up a program just like this. And it's okay that it's being administered through Homeland security and through immigration. So eight USC 1182 should be the golden ticket for Joe Biden and the

Biden administration to Defend this all the way to the Supreme Court. In the meantime, the program is up and running and continues to help the nationals from Cuba, Haiti, Nicaragua and Venezuela and hopefully is a tested model of how to roll out other programs Because it's because there's not going to be a silver bullet that's going to a panacea that's going to cure our immigration problem. We have to get as a country in something that has eluded us for the last 50 years or more to a civil dignified immigration policy that allows people to hold their heads up high, live in sunshine and not in shadows, and find a way and a path the way to citizenship through a series of stages along the way, and not come in illegally, and then ask for permission or ask for forgiveness instead of permission. We had a more coherent, dignified immigration policy in the 60s and 70s.

We had it in the 40s and 50s and 60s and many of our relatives, my great grandfather and grandfather and others who watch us in our audience, can trace their lineage not that far back to somebody who came to this country legally and got legal status in a dignified process that made them and bound them to the fabric of our society and made them a loving support of American patriots on the way in as opposed to treating them like rats That have to be ferreted out and or have to live in the shadows while they work in jobs To do the menial labor of many of them that are American citizens don't want to do the menial labor of many of them that are American citizens don't want to do. We have to give them a dignified path just as our ancestors had it into this country. And this

is a program that promotes that. And I applaud for however, Judge Tipton, a Trump appointee got to this moment. And yes, I'm sure he was singed, if not fried by his earlier wrong decisions about immigration and standing earlier And the u.s. Supreme court ruling against him that will change a man that will change a judge in his perception about how to handle things They don't like to get reversed and at the united states supreme court level However, he got there he got to the right place and i'm hoping now that this leads to A more aggressive approach by the Biden administration and by Secretary of my Orcas to roll out programs just like this one.

Because it's going to take multiple programs. There's no one size fits all way to address our immigration problem. We have to do it through progressive different programs that are addressed to different issues at different aspects of the border and entries and ports into the United States. We'll follow all of the things that matter at the intersection of law, politics, and justice, including of course our immigration policy, one place. The Midas Touch Network on this YouTube channel and on Legal AF, sure, that cheekily named podcast, the intersection of law, politics, and justice that we do on Wednesdays and Saturdays.

We pulled together five of the top stories from the week that you need to know. And we get on there with our legal commentators, Ben Mycelis and Karen Freeman, Nic Niflo and me. We put on that program, that curated program for you. And then the leaders of Legal AF do hot takes, Legal AF hot takes just like this one about every hour, one place, Midas Touch YouTube channel, helped them get to 3 million free subscribers. Yes, I said free and you can help them get there and be the network that you've been looking for.

We got no outside investors and the content comes out of our minds and on a shoestring budget I assure you. But until my next hot take, until my next legal AF, this is Michael Popak reporting.