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.
00:30Will the administration comply with this order?
00:35Look, we're going to litigate that order because I think the order is wrong.
00:38I mean, she's assuming that the officers don't have reasonable suspicion.
00:42You know, they don't need probable calls to briefly detain and question somebody.
00:46They 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 if she can make that decision that, well, they're not using reasonable suspicion.
00:57How 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.
01:16Let'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,
01:28the location, their occupation, their physical appearance, their actions.
01:34What about an individual's physical appearance would give immigration agents, quote,
01:39reasonable suspicion that they might be in the U.S. illegally?
01:43Well, 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,
02:03that 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.
02:18It's a myriad of factors, and I can see it for the next half hour and give you all the factors.
02:23So every situation is different.
02:25But I can tell you this.
02:26Every ICE officer goes through Fourth Amendment training every six months
02:30and reminded what their authorities are for arrest, detention, and questioning.
02:33So the officers are very well trained.
02:35And so I look forward to DOJ litigating this judge's decision.
02:39I think she's making a decision while knowing what that officer knows
02:43when 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,
03:02does not qualify as reasonable suspicion.
03:05Well, like I said, these 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, different articulable facts for different people in different places.
03:36So, again, I look forward to litigation.
03:39I think we will win this on appeal.
03:41Okay, so 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.
