Hijacking suspect used TRANSGENDER asylum claim to stay in US

SEARCH AND KEEP YOU UPDATED. LAWRENCE, OVER TO YOU. >> Lawrence: THAT'S A TOUGH. STORY. THANKS, AINSLEY. THE MEDIA HAS LARGELY BEEN. IGNORING IT, ABOUT THIS TWICE. DEPORTED ILLEGAL IMMIGRANT. ACCUSED OF RUSHING A UNITED. AIRLINE COCKPIT CLAIMING HE HAD. A BOND. HE WAS ALLOWED TO STAY HERE. AFTER TELLING THE JUDGE HE WAS. TRANSGENDER. THE HONDURAN NATIONAL CROSSED. ILLEGALLY INTO THE COUNTRY IN. 2011 AND 2014 AND WAS DEPORTED. BOTH TIMES. HE TRIED AGAIN IN 2019, BUT IN.

2020 AN IMMIGRATION JUDGE. ORDERED HIS RELEASE AFTER HE. WROTE IN HIS ASYLUM APPLICATION. ABOUT HIS FEAR OF BEING KILLED. IN HISIS HOME COUNTRY BECAUSE, QUOTE, I AM A TRANSGENDER. DHS SECRETARY MULLIN SAYING, QUOTE, THIS TWICE DEPORTED. CRIMINAL ILLEGAL ALIEN WAS. ALLOWED INTO OUR COUNTRY BECAUSE. OF A WEAK ASYLUM SYSTEM THAT. ALLOWED HIM TO GAIN THE SYSTEM. FORMER FEDERAL IMMIGRATION JUDGE.

ANDREW ARTHUR JOINS US NOW. THANKS SO MUCH FOR JOINING THE. PROGRAM. >> THANKS FOR HAVING ME, LAWRENCE. >> Lawrence: THE WAY I. UNDERSTAND IT, IN MOST CASES. AFTER YOU HAVE BEEN DEPORTED. ONCE, THEY ARE BARRED TEN YEARS. IF YOU'V'VE BEEN DEPORTED TWICE. THAT BAR CAN REACH 20 YEARS. WHY DID THE COURT ALLOW HIM TO. BE RELEASED IF HE DIDN'T HAVE A. LEGAL PATHWAY? >> YOU KNOW, IT'S VERY. INTERESTING BECAUSE WE DON'T. KNOW MUCH ABOUT THE TWO PRIOR. REMOVALS. THEY MAY HAVE BEEN WHAT WE CALL.

VOLUNTARY RETURNS, LAWRENCE. THERE REALLY ISN'T ANY LEGAL. REASON. PEOPLE ARE JUST SENT BACK ACROSS. THE MEXICAN BORDER. I'VE KNOWN PEOPLE WHO DID THIS. 48 TIMES BEFORE THE LAW FINALLY. CAUGHT UP WITH THEM. SO I THINK THAT THOSE WEREN'N'T. PROBABLY FORMAL REMOVALS, BUT. EVEN IF THEY WERE, IF AN ALIEN. IS REMOVED FROM THE UNITED. STATES, DHS CAN REINSTATE THEIR. PRIOR REMOVAL ORDER. BUT IF THAT ALIEN MAKES A. PROTECTION CLAIM, IF THEY ASK. FOR ASYLUM, THEN THEY ARE.

INTERVIEWED FOR WHAT'S CALLED A. REASONABLE FEAR REVIEW.. IF THEY PASS THAT REVIEW, THEY. GET PUT IN FRONT OF AN. IMMIGRATION JUDGE TO MAKE A. PROTECTION AND ASYLUM, WITH. HOLDING A REMOVAL CLAIM. >> Lawrence: THERE'S A BIG. DEBATE WITHIN THE COURTS RIGHT. NOW, AND THE CIRCUITS ARE SPLIT. ON THE ISSUE OF DETAINMENT. MANY SAY IF YOU CROSS THE BORDER. ILLEGALLY, YOU SHOULD BE. DETAINED AND UNTIL YOU GO. THROUGH THAT LEGAL PROCESS, WE'RE GONNA KEEP YOU, BECAUSE.

WHEN YOU GET RELEASED, MOST. DON'T SHOW UP FOR THEIR COURT. HEARING SO WE'RE GONNA KEEP YOU. DETAINED. COURT CIRCUITS LIKE IN NEW YORK, THEY SAY THEY SHOULD BE. RELEASED. WHAT DO YOU THINK IS THE MOST. EFFECTIVE WAY TO MAKE SURE. PEOPLE ATTEND THEIR COURT. HEARINGS OR DO YOU THINK THEY. SHOULD JUST BE DETAINED UNTIL WE. FIGURE THIS OUT? >> THEY SHOULD BE DETAINED, LAWRENCE, FOR A COUPLE OF. REASONS. ONE, IT'S THE BEST WAY TO ENSURE. THAT THEY WILL APPEAR FOR THEIR. HEARING. I WAS A JUDGE IN A DETAIN COURT.

AND I HAD A 100% APPEARANCE RATE. BY THE PEOPLE BEFORE ME. >> Lawrence: WOW. >> BUT THE OTHER REASON IS, WHEN. YOU RELEASE THOSE PEOPLE INTO. THE COMMUNITY, CITY LIKES NEW. YORKRK, PHILADELPHIA, CHICAGO, WHEREVER THOSE PEOPLE END UP, ARE RESPONSIBLE FOR CARING FOR. THOSE PEOPLE, FEEDING THEM, HOUSING THEM, PROVIDING MEDICAL. CARE. WHEN THEY'RE IN GOVERNMENT. CUSTODY, THE FEDERAL GOVERNMENT. BEARS THAT BURDEN. THAT'S WHO SHOULD BEAR THAT. BURDEN. UP TO THE POINT THAT THAT PERSON. IS GRANTED SOME SORT OF RELIEF, GRANTED ASYLUM, GIVEN A GREEN.

CARD. THEY SHOULD REMAIN DETAINED. I THINK THE 5th CIRCUIT IS. RIGHT. I THINK THE SISTER CIRCUITS ARE.