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Todd Bensman

From Journalism to Counterterrorism Intelligence - and Back.

Biden End Run Around Supreme Court? Hear how on The Brian Mudd Show (South Florida)

August 28, 2021 by Todd Bensman

Listen to the august 27, 2021 segment here

Brian Mudd: So Todd, we had the Trump order ordered back into effect, to stay in Mexico. The question is, do we know if that’s happening yet?

Bensman: Well, it’s supposed to happen immediately but I don’t want folks to get their hopes up that much is going to change in terms of sheer numbers of family units and unaccompanied minors coming across. I don’t want to get too pedantic here but the system that the Biden administration was using was ruled … without authority. You know, it’s basically illegal to do what they’ve been doing. And so I anticipate what the administration will do is just shift that system to the system that caused Trump to create Wait in Mexico in the first place. Which was very short detentions and then released from detention into the country. We saw that in late 2018 through about April 2019 until Trump put Wait in Mexico in place, and 950,000 people who were mostly part of family groups crossed over the border and got into the United States that way. I think that the Biden administration is just going to revert to that system that Trump was trying to dismantle but never quite did. That’s called, by the way, the Flores Loophole. The entire world of aspiring immigrants learned of it by accident and it spread quickly that the American government could not hold families and parents with children longer than 20 days.  And so they were coming in to take advantage of that and they would be released into the country never to be seen again, of course. I think that’s what they’ll revert back to. Remember that almost a million people came in in about six months under that system. So don’t get your hopes too high. I can’t envision the Biden administration ever doing another MPP expulsion to Mexico. The political optics are just too terrible for them.

Mudd: Just a little background about the Flores Loophole. We’ve talked about that but it’s been awhile. It’s the Flores case and that’s ultimately that you cannot hold minors in detention facilities with adults past that 20-day mark.   

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