President Trump has issued executive orders on immigration, including one ordering the building of a border wall between Mexico and U.S. Immigration attorney’s Delia Salvatierra and Johnny Sinodis will discuss Trump’s actions on immigration.
TED SIMONS: GOOD EVENING AND WELCOME TO ARIZONA HORIZON, I'M TED SIMONS. PRESIDENT TRUMP TODAY SIGNED AN EXECUTIVE ORDER ON BORDER SECURITY AND IMMIGRATION ENFORCEMENT THAT INCLUDES THE BUILDING OF A WALL AT THE U.S. MEXICO BORDER. HERE TO DISCUSS THE MANY FACETS OF TODAY'S EXECUTIVE ORDER IS IMMIGRATION ATTORNEY DELIA SALVA-TIERRA, THE OWNER AND CHIEF ATTORNEY AT SALVA-TIERRA LAW GROUP, AND JOHNNY SINODIS, AN ASSOCIATE AT THE FIRM. GOOD TO HAVE YOU BOTH HERE. THANK YOU FOR JOINING US. BORDER SECURITY, IMMIGRATION ENFORCEMENT, THE TRUMP ADMINISTRATION SAYS THEY ARE MAKING IMPROVEMENTS HERE. 30,000-FOOT VIEW. YOUR THOUGHTS?
DELIA SALVA-TIERRA: IT'S AN AGGRESSIVE EXECUTIVE ORDER THAT ATTEMPTS TO AGAIN REORGANIZE IMMIGRATION AS AN EXECUTIVE ORDER AS OPPOSED TO GOING THROUGH CONGRESS.
TED SIMONS: IT WAS DONE BY PRESIDENT OBAMA AND MET WITH RESISTANCES. THE DIFFERENCE BETWEEN WHAT PRESIDENT OBAMA DID AND WHAT TRUMP DID TODAY?
DELIA SALVA-TIERRA: NONE. I THINK THE SAME CHALLENGE WERE RAISED TO CHALLENGE DOPA IN FEDERAL COURT CAN BE USED TO CHALLENGE THIS EXECUTIVE ORDER IN COURT AND THE EXTENT IT REACHES.
TED SIMONS: TODAYS ACTIVITY YOUR THOUGHTS?
JOHNNY SINODIS: IT IS AGGRESSIVE. TRUMP HAS BEEN HARSH ON IMMIGRATION IN HIS CAMPAIGN AND THE FIRST FEW DAYS OF HIS PRESIDENCY. THIS ORDER REALLY MAKES CLEAR THAT THERES GOING TO BE AN EXPANSION OF PRIVATE DETENTION CENTERS, MORE PEOPLE WILL BE DETAINED. THERE WILL BE A FOCUS ON EXPEDITING PROCESS, WHETHER THE PERSON IS APPLYING FOR ASYLUM OR DETAINED, THEY WILL ALL BE PROCESSED BY ICE. THERE IS NO MORE "CATCH AND RELEASE" IS WHAT THE ORDER REFERS TO. BASICALLY, WHAT I THINK, ANY NONCITIZEN WILL BE PROCESSED BY ICE IF CONTACTED.
TED SIMONS: LET'S GO THROUGH A NUMBER OF ASPECTS OF THE ORDER, CUTTING OFF FUNDS TO SANCTUARY CITIES, WHAT IS INVOLVED HERE? WHAT KIND OF FUNDS ARE WE TALKING ABOUT AND THE RAMIFICATIONS FOR ARIZONA CITIES?
DELIA SALVA-TIERRA: I THINK IT'S AN IMPORTANT TOPIC GLOBALLY. THERE HAS BEEN ATTENTION IN IMMIGRATION LAW FEDERAL RIGHT AGAINST STATE'S RIGHTS. THE EXECUTIVE ORDERS, WE THINK WERE WRITTEN BY CHRIS KOBASH WAS THE AUTHOR OF SB1070, HAS WRITTEN THESE EXECUTIVE ORDER THAT EXPANDS THE RIGHTS OF STATES TO HAVE A SAY IN FEDERAL IMMIGRATION LAW. THESUPREME COURT HAS SPECIFICALLY STATED THAT THE FEDERAL GOVERNMENT HAS POWER IN ISSUES IMMIGRATION NATIONALITY. THIS IS AN OPPORTUNITY FOR STATES TO HAVE GREATER SAY AND INFLUENCE IN THE CATCH AND TRANSFER OF NONCITIZENS TO ICE CUSTODY.
TED SIMONS: GIVES STATES GREATER SAY. WHAT ABOUT CITIES THAT SAY THEY'LL STAY A SANCTUARY CITY?
JOHNNY SINODIS: TRUMP THREATENED THEY WILL NOT RECEIVE FUNDING. WHAT IS CLEAR, ENTERING A MEMORANDUM OF UNDERSTANDING IS A CHOICE THAT EVERY CITY AND STATE HAS. WHETHER HE WILL LAWFULFULLY RESERVE FUNDS THAT ARE ALLOCATED TO A STATE BECAUSE THEY DON'T AGREE TO THE MOU IS YET TO BE SEEN. FORCING THE STATE TO AGREE TO THE 287 G PROGRAM TO SECURED COMMUNITIES IS COMMON VEERING OF THE STATES HISTORIC POLICE POWERS TO POLICE WITHIN THEIR OWN BORDERS.
TED SIMONS: YOU MENTION 287 G, WERE SOMEWHAT FAMILIAR WITH THAT, ACCORDING TO THE ORDER TODAY, ONE OF THE ORDERS TODAY EMPOWERING STATE AND LOCAL LAW ENFORCEMENT TO FUNCTIONS IMMIGRATION OF AN OFFICER TO THE MAXIMUM EXTENT OF THE LAW PLANS TO ENTER BACK TO THE 287G PROGRAMS. TELL US WHAT THIS IS ABOUT?
DELIA SALVA-TIERRA: IT'S THE AGREEMENT THAT OUR PREVIOUS SHERIFF HAD WITH ICE WHICH IS ARREST AS MANY UNDOCUMENTED INDIVIDUALS WHO YOU FIND IN THE COURSE OF YOUR DAY, DETAIN THEM, TRANSFER THEM OVER TO THE CUSTODY OF THE DEPARTMENT OF HOMELAND SECURITY. THAT'S WHAT IT MEANS. IT CROSS DEPUTIZES STATE POLICE OFFICERS AS IMMIGRATION OFFICERS WHO CAN ASK IMMIGRATION STATUS, CAN INQUIRE ABOUT THE STAY IN THE UNITED STATES AND IF THEY DON'T MEET STANDARDS, TRANSFER THEM.
TED SIMONS: 287 G PROGRAM IN MARICOPA COUNTY, IT WAS CHALLENGED, WAS IT NOT? WHAT WERE THE RESULTS OF THE CHALLENGE AND HOW DOES THAT PLAY INTO WHAT TRUMP WANTS?
JOHNNY SINODIS: MARICOPA COUNTY LOST ITS 287G PROGRAM BECAUSE OF RACIAL PROFILING LAWSUIT THAT WAS FILED IN MILENDRES V ARPAIO. BASICALLY MCSO WENT THROUGH SYSTEMIC RACIAL PROFILINGS WHETHER IT BE SATURATION PATROLS OR ENFORCEMENT RATE. SOME OFFICERS WERE CROSS DEPUTIZED, THEY WERE EXCEEDING THE EXTENT OF THEIR AUTHORITY. THIS ORDER SEEMS TO ALLOWS ALL OFFICERS TO ACT AS IMMIGRATION OFFICIALS. WHO KNOWS WHAT THAT WILL MEAN IN THE FUTURE.
TED SIMONS: HE WRITES TO THE MAXIMUM INTENT OF THE LAW. WHAT DOES THAT MEAN?
DELIA SALVA-TIERRA: IT MEANS IF ANY PARTICULAR JURISDICTION OR MUNICIPALITY WANTS TO CROSS DEPUTIZE EVERY SINGLE AGENT, IT CAN DO SO. IT CAN AND EVERY OFFICER IN THE STATE CAN BE KNIGHTED WITH THE POWER TO ARREST AND DETAIN UNDOCUMENTED INDIVIDUALS.
TED SIMONS: YOU REFERRED TO THIS EARLIER, EXPANDING DETENTION SPACE FOR MIGRANTS TO HOUSE THOSE DEPORTED. HOW DOES THAT CHANGE FROM WHAT WE WERE SEEING BEFORE?
JOHNNY SINODIS: WE HAD SEEN THAT THERE WAS A PUSH TO SHUT DOWN PRIVATE PRISONS. WE WERE HOPING THAT HOMELAND SECRUTY WOULD TAKE THE ACTION TO SHUT DOWN PRIVATE HOMELAND FACILITIES. THIS IS DONE A 180 TURN BY PRIORITIZING PEOPLE DETAINED AT THE BORDER AND STATING THERE WILL MORE DETENTION FACILITIES, IMMIGRATION JUDGES AND ON THE BORDER ENFORCING LAWS, SEEMS TO ME THERE WILL BE NEW DETENTION CENTERS AND A FOCUS ON KEEPING PEOPLE DETAINED. FOR EXAMPLE RIGHT NOW, IF SOMEONE COMES ACROSS THE BORED AND APPLIES FOR ASYLUM, THE FIRST STEP IS CREDIBLE FEAR INTERVIEW. MANY TIMES IF SOMEONE IF DETERMIND TO HAVE CREDIBLE FEAR TO RETURN OT THEIR COUNTRY. NORMALLY THEY ARE PATROLLED OUT OF CUSTODY ON A BOND AND ISSUED A PAROLE DOCUMENT. THIS EXECUTIVE ORDER SEEMS TO DO AWAY WITH PAROLE EXCEPT EXCEPTIONAL CIRCUMSTANCES, FOR HUMANITARIAN REASONS OR A CASE-BY-CASE BASIS. IF PAROLES ARE NOT GENERALLY GIVEN ANYMORE, PEOPLE WILL BE DETAINED SIX OR SEVEN MONTHS AT A MINIMUM TO LITIGATE THEIR CASE.
TED SIMONS: CAN THAT BE LITIGATED IN ITSELF?
DELIA SALVA-TIERRA: PROLONGED DETENTION IS UNCONSTITUTIONAL SO WE'LL SEE HOW THE REGULATIONS OR THE IMPLEMENTATION OF THE EXECUTIVE ORDER FURTHER PROLONG DETENTION AND WHAT IT WILL MEAN TO A NEW SUPREME COURT.
TED SIMONS: CONSTRUCTION OF A BORDER WALL WILL BEGIN "IN MONTHS." VIABLE?
DELIA SALVA-TIERRA: VIABLE. IF CONGRESS AND THE STATES AGREE TO ASSIGN THE RESOURCES BOTH MANPOWER AND FINANCIAL TO GET IT DONE. IT'S A MASSIVE UNDERTAKING, BUT IT IS -- IT HAS BEEN HIS CAMPAIGN RHETORIC WHICH HE'S MAKING A REALITY.
TED SIMONS: AND HE STATES MEXICO WILL LATER PAY FOR BY REIMBURSEMENT. ORIGINALLY IT WAS MEXICO WILL PAY FOR IT, NOW MEXICO WILL PAY FOR IT BY REIMBURSEMENT.
JOHNNY SINODIS: I THINK HE'S MAKING CONCESSIONS KNOWING MEXICO IS NOT GOING TO PAY FOR THE WALL AND IT WILL BE INEFFECTIVE.
TED SIMONS: HE WILL MEET WITH THE MEXICAN PRESIDENT END OF THE MONTH. THAT SHOULD BE INTERESTING, I IMAGINE.
DELIA SALVA-TIERRA: HIS POLICY WILL BE MEXICANS FIRST VERSUS AMERICANS FIRST.
TED SIMONS: WE ARE HITTING LOGGER HEADS HERE.
TED SIMONS: YOU MENTIONED ASYLUM SEEKERS VETTING HERE. IT'S NOT A WALK IN THE PARK. IT'S A COMPLICATED PROCESS. WHAT THE PRESIDENT SIGNED TODAY, DOES IT MAKE IT MORE DIFFICULT -- WHAT DOES IT DO TO SOMEONE FROM A WAR TARN COUNTRY WHO WANTS ASYLUM IN THE U.S.?
DELIA SALVA-TIERRA: IT MAKES IT HARDER BECAUSE DETENTION IS INSTRICTABLY APART OF SOMEONE WHO SEEKING ASYLUM IN THIS COUNTRY. ASYLUM SEEKERS COME FROM COUNTRIES WAR TORN, WOMEN, CHILDREN WHO ARE ESCAPING FEROCIOUS CIRCUMSTANCES. TO DETAIN THOSE INDIVIDUALS WITHOUT THE OPPORTUNITY OF PAROLE WOULD THWART THEM FROM COMING TO THE UNITED STATES TO BEGIN WITH. ONE ISSUE HE SIGNED TODAY, SEVEN COUNTRIES, IRAN, IRAQ, YEMEN, SYRIA, BARRED FROM ENTERING THE COUNTRY FOR THE NEXT 30 DAYS. THEY'LL UNDERGO EXTENSIVE BACKGROUND CHECKS. WE'LL SEE WHERE THAT GOES. THIS IMPACTS AN INDIVIDUAL WHO IS A U.S. CITIZEN MARRIED TO AN INDIVIDUAL FROM IRAQ. THAT PERSON WILL NOT BE ABLE TO IMMIGRATE TO THE U.S. AS A CITIZEN FOR AT LEAST 30 DAYS AND WILL UNDERGO EXTENSIVE BACKGROUND CHECKS TO DETERMINE IF THAT PERSON SHOULD ENTER AND IF ITS IN THE NATIONAL INTEREST FOR THE PERSO NTO ENTER.
TED SIMONS: IS THIS 120 DAY BAN FOR YEMEN AND SYRIANS, IS THERE NOT AN INDEFINITE BLOCK?
JOHNNY SINODIS: AS OF NOW, YES. THERE IS LANGUAGE IN THE EXECUTIVE ORDER TO ESTABLISH A SAFE ZONE WITHIN SYRIA FOR PEOPLE TRYING TO FLEE TO BE GIVEN SPACE UNTIL THEY ARE RESETTLED IN ANOTHER COUNTRY.
TED SIMONS: SO IT SOUNDS LIKE THAT WOULD BE A DIFFICULT PROCESS IN AN AREA LIKE THAT.
JOHNNY SINODIS: EXTREMELY DIFFICULT.
TED SIMONS: WHAT ARE YOU HEARING FROM THE IMMIGRANT COUNTRY, REFUGEES. IT'S BRAND NEW. WHAT ARE YOU HEARING SO FAR?
JOHNNY SINODIS: LOTS OF UNCERTAINTY. PEOPLE ARE CAUTIOUS TO BELIEVE EVERY THEY HEAR IN THE MEDIA. THEY ARE LOOKING FOR ADVISE FROM SOMEONE THAT THEY TRUST, AND THEY ARE HOPING THAT THEY ARE NOT FOLLOWED BY FURTHER EXECUTIVE ORDERS THAT ARE RESTRICTIVE.
DELIA SALVA-TIERRA: I'M HEARING FEAR AND I'M HEARING SILENCE. I THINK OUR COMMUNITY IS NOT YET READY TO WRAP THEIR HEAD AROUND WHAT THIS IS. WHAT I WILL SAY, AROUND THE COUNTRY, MARICOPA COUNTRY IS MOST WELL EQUIPPED TO HANDLE THE EXECUTIVE ORDERS BECAUSE WE LIVED THROUGH 2006 TO BASICALLY 2014. I THINK THE REST OF THE COUNTRY WILL GET A RUDE AWAKENING WHEN THESE EXPEDITED DEPORTATIONS OF THESE INDIVIDUALS, THEIR NEIGHBORS, THEIR GARDENERS, NANNIES, START TO HAPPEN FOR GOOD PEOPLE. HERE IN MARICOPA COUNTY, I THINK WE'LL BE LEADERS IN FORMING OUR LITIGATION STRATEGY AND HOW WE MOVE FORWARD SUING WHEN DUE PROCESS IS NOT FOLLOWED.
TED SIMONS: GOOD INFORMATION FROM BOTH OF YOU. WE APPRECIATE IT.
DELIA SALVA-TIERRA: THANK YOU FOR HAVING US.
TED SIMONS: COMING UP, MARICOPA COUNTY RECORDER ADRIAN FONTES TALLKS ABOUT HIS IDEAS FOR ELECTION REFORMS. THAT'S NEXT
Delia Salvatierra: Owner, chief attorney of Salvatierra Law Group and Johnny Sinodis: Associate of Salvatierra Law Group
