00:00Here with me now is President Trump's border czar, Tom Homan. Thank you so much for joining me this morning, sir. I do want to start with that ruling. The judge ordered the administration to stop making indiscriminate immigration arrests in the Los Angeles area and denying detainees right to legal counsel.
00:17She wrote that, quote, roving patrols without reasonable suspicion violate the Fourth Amendment to the Constitution and denying access to lawyers violates the Fifth Amendment to the Constitution. Will the administration comply with this order?
00:35Look, we're going to litigate that order. I think the order is wrong. I mean, she's assuming that the officers don't have reason, reasonable suspicion.
00:42You know, they don't need probable calls to briefly detain and question somebody. They just need reasonable suspicion, and that's based on many articulable facts.
00:50So unless she's in the officer's mind, I don't know how she can make that decision that, well, they're not using reasonable suspicion. How does she know that?
00:58I mean, every officer has to, you know, bring articulable facts to raise reasonable suspicion, and then it can briefly detain.
01:05I don't know how she knows that, but I don't think any federal judge can dictate immigration policy.
01:10That's a matter for Congress and for the president, and I know the Department of Justice is going to litigate this.
01:15We want to take it to the appeals court.
01:17Let's talk about that reasonable suspicion and what it actually means on the ground when it comes to ICE detaining people.
01:24You said in an interview this week that reasonable suspicion can be based on, quote,
01:29the location, their occupation, their physical appearance, their actions.
01:33What about an individual's physical appearance would give immigration agents, quote,
01:39reasonable suspicion that they might be in the U.S. illegally?
01:46Well, first of all, let me be clear.
01:48Physical description can't be the sole factor to give you reasonable suspicion.
01:53As I said in an interview, it's articulable facts with an S.
01:57So appearance can be just one.
01:59For instance, if someone has an MS-13 tattoo on their face, that may be one factor to add to other factors to raise reasonable suspicion.
02:07I want to be clear about that, again, because my words are taken out of context.
02:11Physical description cannot be the sole reason to detain and question somebody.
02:15That can't be the sole reason to raise reasonable suspicion.
02:17It's a myriad of factors, and I can see it for the next half hour and give you all the factors.
02:23So every officer, every situation is different.
02:25But I can tell you this, every ICE officer goes through Fourth Amendment training every six months
02:29and reminded what their authorities are for arrest, detention, and questioning.
02:33So the officers are very well trained.
02:35So I look forward to DOJ litigating this judge's decision.
02:39I think she's making a decision without knowing what that officer knows when they get out of that vehicle to question somebody.
02:46So what that judge, same judge in the case, said is that an individual's race or ethnicity,
02:53the language they speak or their accent, their presence at a particular location,
02:58like a bus stop or a work site, or the type of work they do, does not qualify as reasonable suspicions.
03:05Well, like I said, there are factors that lead to reasonable suspicion.
03:12There's a myriad of factors.
03:13Every case is different.
03:14I'm not going to disagree with everything the judge has said because, you know,
03:18a location alone shouldn't have reasonable suspicion.
03:21It's a combination of articulable facts that an officer determines before he, you know,
03:27detains somebody for a short period of time and questions them.
03:31So, again, every case is different.
03:33Different articulable facts with different people in different places.
03:36So, again, I look forward to litigation.
03:39I think we will win this on appeal.
03:41Okay.
03:41So obviously you're appealing.
03:42But until that happens, the administration will comply with the judge's order?
03:50The administration is never going to go against the judge's order.
03:53We'll litigate it.
03:54We'll win it.
03:54Then we'll get back to doing what we're doing.
