Mass Deportations: What's the Holdup?

**Charlie Kirk** (0:00)
Hey, everybody, Charlie Kirk here, live from the bitcoin.com studio. John Yoo joins the program with some very heavy news about deportations. The courts are going to stop it. They're going to try to stop it. We're going to dive deep into this and see how we can solve it. Tim Murtaugh joins us about what we've inherited from Joe Biden. We talk about Rosie O'Donnell and Dick Durbin in a action packed episode that I encourage you to text to your friends. Email us as always, freedom at Charlie kirk.com and subscribe to our podcast. That is the Charlie Kirk Show podcast page. Buckle up, everybody. Here we go. Charlie, what you've done is incredible here.

**Rosie O'Donnell** (0:31)
Maybe Charlie Kirk is on the college campus.

**SPEAKER_3** (0:32)
I want you to know we are lucky to have Charlie Kirk. Charlie Kirk's running the White House, folks.

**Donald Trump** (0:39)
I want to thank Charlie. He's an incredible guy. His spirit, his love of this country. He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA.

**Charlie Kirk** (0:50)
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Joining us now is John Yoo, distinguished visiting professor at University of Texas at Austin, and law professor at UC Berkeley. So Professor Yoo, I have several questions here. What due process is an illegal alien afforded to if they have been here for, let's say, three years and without warrant, without invitation, what kind of due process constitutionally do they have to have before we're allowed to return them to their country of origin?

**John Yoo** (1:53)
Charlie, great to be with you. Thanks for having me back. Everybody should understand that when we say due process, it means different things in different places. So the ultimate form of due process is when you or I are charged by the government with a crime. Then we get jury trials, we get Miranda warnings, we get the right to a lawyer. Even at the government's expense, we have the right to appeal all the way to the Supreme Court, so on. That's not the kind of due process that illegal aliens get. They can get a fairly minimal amount of due process. Maybe all the right they have is to be presented to an immigration judge, have the right to claim that they're not who the government says they are, maybe get a right to go to a federal court after that, and then it's done and they don't get a jury trial. It's not a criminal proceeding where the government has to prove beyond a reasonable doubt that the alien is here illegally. It's a much lower standard of evidence, and it can be done quickly and swiftly.

**Charlie Kirk** (2:51)
Okay, so the quickly and swiftly, though, and the way that this is working, though, they're saying that some of these court dates are going to be, it's going to be years of proceedings per illegal alien. I mean, if we could potentially only be able to deport a couple hundred thousand people under this, this is largely unworkable.

**John Yoo** (3:13)
It doesn't have to be that way. The reason why it's taking so long is because Congress for many decades has refused to pay for enough officials, refused to pay for enough border agents, refused to pay for a wall, refused to pay for enough immigration judges. If you could have more immigration judges, you could speed that whole process up. I think that's actually in part what the Trump administration is trying to do when it's trying to deport people under the Alien Enemies Act rather than under the regular immigration laws, is that they're trying to impress on everybody the need for speed and that the speed is really up to Congress. Congress has to provide more money. And Congress has said they always want to say they want to help fix the border problem. Well, here's their great chance to do it.

**Charlie Kirk** (3:57)
Right. So let's just go a level deeper into this, which is, this seems like it's completely and totally unworkable right now. People in our coalition are frustrated because it seems like left-wing courts are in fact requiring a full three-year process for every illegal alien. Is there any way for the administration to create more immigration judges without direct congressional action?