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The US Can Move past Immigration Prisons – and towards Justice | César Cuauhtémoc García Hernández

Imagine seeking safety abroad and instead being detained and forced to defend yourself in a high-stakes legal battle — alone. Law professor César Cuauhtémoc García Hernández explains how the asylum process in the US became warped into what we know today and poses a question that could lead the country out of its labyrinthian policies:…

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Imagine seeking safety abroad and instead being detained and forced to defend yourself in a high-stakes legal battle — alone. Law professor César Cuauhtémoc García Hernández explains how the asylum process in the US became warped into what we know today and poses a question that could lead the country out of its labyrinthian policies: In place of investing in more steel bars and barbed wire, what if immigration law was infused with support and justice?

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83 Comments

  1. Edmond Seymore

    August 31, 2022 at 3:10 pm

    Observation: an emotional appeal when a facts based rational, logical analysis is need to actually solve the problem.

    • Edmond Seymore

      August 31, 2022 at 3:11 pm

      About border security:

      As citizens, we must uphold the rule of law above other considerations. The rule of law is the base upon which civilization is built. Therefore, anyone entering this country must do so legally. We should make it easy for people to apply for entry in their own countries. We need reasonable rules on who may enter and under what conditions they may stay. We need to allow for seasonal workers where citizens are not willing to perform certain jobs. That said, we need a virtual wall: 1) we need to jail those that hire individuals in the country illegally 2) we need to eliminate the stop and release strategy by detaining until court date 3) we need sufficient legal resources to process and deport those here illegally. We must have just laws which are enforced.

    • Edmond Seymore

      August 31, 2022 at 3:18 pm

      Illegal immigration is really about jobs. If their home country had sufficient employment to prevent poverty, most people would not have an incentive to enter the US illegally. So, maybe we should focus our attention on how to provide full employment in all countries. If we could have a policy of full employment in America, we could serve as an example to the rest of the world how to achieve fairness with the economic system.

      We need a new social contract which provides a better way to fight inflation, increases employment and keeps interest rates low. A system that ensures full employment by balancing the profit making segment of the economy with the tax funded segment of the economy to provide full employment without inflation.

      This is the key to a just economic system that provides gainful employment for all. No more welfare. No more unemployment. No more business cycle to destroy jobs and wealth. Low interest rates for all. Eliminate the national debt. A market driven economic system. A better environment for business.

      This process uses the market to control the money supply rather than interest rates.

    • Luckie Lordie

      August 31, 2022 at 5:48 pm

      @Edmond Seymore In my experience the same people who complain about immigrants also complain about foreign aid. Same with a lot of comments in this video “well they should come here legally then”, but people who did turn up at border checkpoints and asking for asylum were also getting locked up in the same detention centres.

      If people in America(or the UK) want to complain about their lot and think they aren’t getting enough from their country then they need to be mad at the people who they vote into power who set the policies and control the levers. Just turning all that anger at immigrants is counter productive, inhumane, and spiteful. It’s facilitated by politicians to drive a wedge between voters and foster division, you see it in all big left/right wedge issues.

      Given that framing and the information in this video, it’s hardly America living up to its reputation. You can call it emotional, but these are real people being brutalised by a system wielded by political parties for their own gain. What about when it’s politically expedient to switch from immigrants to another group? “Then they came for me—and there was no one left to speak for me.”

    • Edmond Seymore

      August 31, 2022 at 5:56 pm

      @Luckie Lordie, what is your solution? The presenter is correct: it is all about profit and getting votes. Any workable solution must take this into account.

    • Edmond Seymore

      August 31, 2022 at 6:32 pm

      @Luckie Lordie, the fundamental problem is that capitalism is built upon a basic unjust model: like musical chairs only 95% are allowed to have employment at any given time on average due too the law of supply and demand. We can change the system by changing the way we control inflation. But, most of the 95% do not experience the problem and see risk to themselves if we make a change. Catch twenty-two. A serious education problem to solve.

  2. Styrung Tefrung

    August 31, 2022 at 3:19 pm

    What cause people to move illegally in the first place?

  3. Zachary Sielck

    August 31, 2022 at 3:24 pm

    If you make it too easy, then the people they run from can still get them here. This guy is advocating to buy all the lawyers to prevent them from being able to serve justice when the government or corporations are corrupt.

  4. Amy Gress

    August 31, 2022 at 3:33 pm

    Come legally and Pay taxes instead of coming for hand outs from the US

  5. John Booth

    August 31, 2022 at 3:55 pm

    this is such an emotional response.. regardless of how bad I feel for these people why should we reward those who break laws, cheat and go around the system while those who do it the right way wait for years to come to this country…

  6. Yhakud

    August 31, 2022 at 3:56 pm

    This land was tolen from the so called native Americans period.

  7. Jerry Miller

    August 31, 2022 at 4:14 pm

    build the wall

  8. sNap

    August 31, 2022 at 4:24 pm

    sod off we’re full

  9. Ndeye Delgado

    August 31, 2022 at 4:46 pm

    All of these comments are DISGUSTING AND COMPLETELY LACK CONTEXT

  10. JoeTube

    August 31, 2022 at 5:10 pm

    Couldn’t even watch it past the one minute mark. If we let everyone in then the US will become just as dangerous to live in as Honduras is today.

  11. Michael A.

    August 31, 2022 at 5:28 pm

    To those that are calling this an emotional appeal, I suggest you read up on Persuasion, and the Weapons of Influence.

  12. chocomalk

    August 31, 2022 at 5:30 pm

    Does anyone think to hold any other country by the same standard? People from Honduras etc pass through many countries and could actually go south.

  13. Dan14thPrime

    August 31, 2022 at 7:05 pm

    What does he expect? Drive through immigration court on your way into the country? The reason people wait so long is because so many are trying to come in illegally that the court systems are overwhelmed. It’s not about lawyers. It’s about judges and court hearings and all the people and resources that go into making those hearings happen. 🤦‍♂️

  14. Solitary Reaper

    August 31, 2022 at 7:24 pm

    stop breaking the law maybe? I didn’t and i’m not in prison. I’m a legal permanent resident now, heading for citizenship. So no, stop breaking into this country illegally.

  15. Chartine

    August 31, 2022 at 7:36 pm

    You’re either too privileged to fail or too underprivileged to succeed.

  16. David Hunt

    August 31, 2022 at 7:59 pm

    Unregulated immigration is turning my country into an open air prison. It must stop.

  17. Chartine

    August 31, 2022 at 8:04 pm

    You can continue to remove my input and leave nasty comments up to stew but we all know money speaks volumes and until we see this for what it really is … profit at every angle … then we will forever have this issue.

  18. Chartine

    August 31, 2022 at 8:09 pm

    Google buying your way into America. Or any other country. No money. No seat at the table. Problem is America is free falling into its own dark night of the soul. I believe there are good people in this country not governed by greed but by a deeper understanding that we are all deserving of opportunities at a better life. That should not be deprived anyone just because they don’t have the same amount of cash/currency as those who can buy their way into any country.

  19. SCplayer1000

    August 31, 2022 at 8:12 pm

    What a waste of oxygen this talk was.

  20. Leandroid Cabster

    August 31, 2022 at 8:33 pm

    US is unhumainly treating people like dirt. Reform the system now!!!

  21. Gaius Caesar

    August 31, 2022 at 8:35 pm

    Logic and reason over feeling and emotions.

    • Denmo Mcstronghuge

      August 31, 2022 at 9:18 pm

      Whatever makes you feel better, right?

  22. Kongolox

    August 31, 2022 at 8:57 pm

    guys..

    Cruelty is the point.

  23. Morgan Stefan

    August 31, 2022 at 9:12 pm

    Can you make a video explaining how beginners can make huge profit within a short period of time? I mean i was at a seminar and the host spoke about making well over $880,000 within 4months of investing $150,000 i just need to know how..

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      August 31, 2022 at 9:14 pm

      I Started not too long ago and I use a portfolio/investment manager , ALEX L ORLOFF. he’s been guiding me with my investment since I began , i have made so much money since i started…

    • Zainab Ismail

      August 31, 2022 at 9:14 pm

      @To people Be nice that’s amazing.

    • Morgan Stefan

      August 31, 2022 at 9:15 pm

      @To people Be nice so how do i reach him please?

    • To people Be nice

      August 31, 2022 at 9:16 pm

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  24. Denise Skinner

    August 31, 2022 at 11:49 pm

    How would you even know which ones to trust

    • WHATSAPMe㈩‪‬⓵⓻⓷⓵⓹⓻⓸⓸⓸⓪⓽‬

      September 1, 2022 at 12:25 am

      *thanks ~~~~

    • WhatsAp Me ㈩ ⓵⓺⓪⓹⓺⓪⓺⓷⓽⓼⓺

      September 1, 2022 at 12:25 am

      *thanks ~~~~

    • WhatsAp Me㈩⓵⓺⓺⓽⓺⓽⓪⓻⓶⓪⓸

      September 1, 2022 at 12:25 am

      *thanks ~~~~

  25. Stefan Lyu

    September 1, 2022 at 3:18 am

    Thanks

    • Viviane Dos Santos Costa

      September 1, 2022 at 10:27 pm

      @Stefan Lyu I don’t have

    • Viviane Dos Santos Costa

      September 1, 2022 at 10:30 pm

      @Stefan Lyu God bless you

    • Stefan Lyu

      September 1, 2022 at 10:32 pm

      @Viviane Dos Santos Costa hope you have a good day

    • Viviane Dos Santos Costa

      September 1, 2022 at 10:46 pm

      @Stefan Lyu thanks 🙏🏻, to you too!!
      And have a good night!!

    • Stefan Lyu

      September 1, 2022 at 10:48 pm

      @Viviane Dos Santos Costa thanks

    • Rennata Wilson

      September 5, 2022 at 7:39 pm

      Thanks for not being an illegal .

    • Viviane Dos Santos Costa

      September 5, 2022 at 8:17 pm

      @Rennata Wilson hi 👋

  26. TxLeftridge

    September 1, 2022 at 4:46 am

    First, you really should read 8 US Code 1325. You started with the fact they are locked up for breaking no law. What? And your a lawyer? Second, Texas Counties ONLY receive funding from property tax. It’s in state law. So they get no funding period from keeping an immigration jail full. That’s just misleading and dishonest at best. Want to discuss immigration reform I think we can agree on that. But why even have a county if we are just going to open the boarders to free travel like we do now.

  27. Chartine

    September 1, 2022 at 5:27 am

    Unsubscribing from all TED channels. This used to be a fair and decent “think tank” now it’s simply a mockery and a censored channel where only hateful remarks are allowed in the comments. And now with what appears to be spammed replies … sad.

  28. m

    September 1, 2022 at 6:13 am

    It can be done legally like every other county on Earth including Mexico. If they don’t want to do it legally, they can stay in Mexico.

    • MEXdave1997

      September 1, 2022 at 7:02 am

      The “Legal Way” (only solid “legal” path is to seek asylum at a land crossing) doesn’t work; not really anyway. Its a system designed to fail, and has done so since Reagan’s time. And do you really think individuals, a lot of whom fear for their lives, are gonna have an average of 10-15 years (for Mexicans its longer) for a response that can very likely deny them, or do you think they’ll take the risk and try to cross “illegally”?

  29. 龱oɹǝH ɹǝdnS ∀

    September 1, 2022 at 9:10 am

    It is time for us to *ACT* on
    what everyone knows to be TRUE✓

    Too many TEARS 😭 have been shed. 

    Too much BLOOD has been shed. 

    All of
    us have a RESPONSIBILITY 🌎 to work for the day when the MOTHERS of 🌏PALESTINIANS and ISRAELIS can see their CHILDREN grow without FEAR 😱 !!!

    Thank you very much for yours solidarity!🤔

    for awareness 🙏.
    🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏

    .

  30. 🇬█ 𝔎𝑎𝑟𝑒𝑒𝑚 𝔎alisari│

    September 1, 2022 at 9:18 am

    _🇮🇱🇮🇱🇮🇱 _*_ISRAELI_* 🤔

    ” _They claim we have rights, yet I believe they merely tolerate our existence. We lack the right to vote, the right to housing, the right to property – and with our ancestral homes stolen, the right to our history._ ”

    — *Jalal Abukhater*
    ✍️،

  31. 🇬█ 𝔎𝑎𝑟𝑒𝑒𝑚 𝔎alisari│

    September 1, 2022 at 9:18 am

    🇮🇶 *IRAQ* 🤔

    ” *_Iraq’s_*_ tortured political journey will continue, with no clear winners but definite losers: the country’s people._ ”

    — *Kamaran Palani*
    ✍️،

  32. 🇬█ 𝔎𝑎𝑟𝑒𝑒𝑚 𝔎alisari│

    September 1, 2022 at 9:19 am

    🇯🇵 *JAPAN* 🗾 🤔

    ” _An entire family of dolphins was destroyed as part of what some local fishermen and _*_Japanese_*_ politicians call a ‘tradition’._ ”

    — *Ren Yabuki*
    ✍️،

  33. 🇬█ 𝔎𝑎𝑟𝑒𝑒𝑚 𝔎alisari│

    September 1, 2022 at 9:19 am

    *TED* _you so happy if my doughter 🌺 say ok_

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    September 1, 2022 at 10:31 am

    I could not possibly disagree with you more!

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  37. Redd White

    September 1, 2022 at 6:47 pm

    Migrants need to be allowed to work for themselves to save on costs while still being detained in more spacious areas concentrated for such a processing expense. Let them have a better bed and a better experience waiting. While showing clear behaviors that can influence decisions.

  38. Viviane Dos Santos Costa

    September 1, 2022 at 10:12 pm

    Good very

  39. Desica Doke

    September 3, 2022 at 9:41 am

    As a single mom living way below the national poverty limit my son was raised by that system at 10 years old. In and out of several facilities, camps.
    The juvenile Justice system used to make approx 25k per kid annually in their care a decade ago now its apx 100k . My pursuit for accountability and justice was called by a boy who’s name I still am unaware of. I have to give purpose to his life . The despair he must have felt when he went AWHOL only to return home to commit suicide. That system failed him along with the countless children at that facility of whom they disclosed ” confidential” information to about his suicide. What purpose could that have served but to plant a seed of despair for the rest . Which statistics show need no encouragement or prompting.
    And what crime are these children supposed to be held accountable for ? Are they even competent to understand this legal process and the confidentiality they speak of …. is basically to keep there own actions from the publics knowledge… It is in the Publics interest to know that the reports are written to diminish the parents efforts to raise there children deeming negligence… while any incidents that occur in there care have been swept under the rug , leaving them with an u tarnished image. When a child dies or is injured in there care there are 2 reports one public and another for there agency (I personally searched this up by accident when studying the social welfare for children Primor , to better understand my.rights) Why is that ?. And. when I was facing a biopsy to see if my cancer had returned my son who had several times go e AWHOL was sentenced to an additional 6 months , of which could have been life long tragedy if I was found terminal… The fact that they sentenced him not knowing my fate left me in total distraught. Asking g what crime could a boy commit that would warrant such In humane punishment ? Now I know I’m not the only parent to navigate this system and I am still concerned others will be forced to follow this same corrupt and broken system .
    But…. there is hope… when I see talks like this one…. which encourages me. I love commenting … especially when these children need our voices to bring about change . I pray that my efforts reach others who’s passion parallels my own.

    “Never doubt that a small group of thoughtful and committed people can change the world for indeed its the only thing that ever has” A. U.

  40. kbo6612

    September 3, 2022 at 7:44 pm

    I strongly disagree with César Cuauhtémoc García Hernández’s narrative.

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    • Rennata Wilson

      September 5, 2022 at 7:37 pm

      We need far more ICE officers and detention centers. It’s the only way to bring unauthorized migration to heel.

  42. Valery Gomez

    September 5, 2022 at 7:23 pm

    If foreign nationals refuse to abide by our nation’s duly enacted immigration laws then they need to be arrested and deported. As far as “asylum” goes – these laws need to be rewritten to make it clear who is and isn’t eligible for that protection. Right now, we are being overwhelmed by scammers and whiners.

  43. Vince Tagliano

    September 5, 2022 at 8:25 pm

    Sorry, sir, but the US is overpopulated. We don’t want to live like sardines in barrios.

  44. Unoseth Dohi

    September 6, 2022 at 2:29 am

    Obviously a litigation trial attorney. I agree. End immigration prison. If fraudster Trump had one good idea it was the “stay in Mexico” policy.

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