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May 14, 2024 - The Charlie Kirk Show
37:15
How Many Illegals Does America Have? And How Many Vote?
Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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Critical Election Vectors 00:03:29
Hey everybody, a very important hour here.
We break down probably the two most critical vectors of attacking our elections in 2024.
That is, can illegals vote?
We welcome Andrew Arthur, a fellow from the Center for Immigration Studies and a former immigration judge, to break down how many illegals we have, what's the foreign-born population, and can they vote?
A very, very critical question that a lot of people are asking.
We talk about it here.
Then we're joined by the ladies who are behind an important and critical lawsuit challenging Biden's unconstitutional executive order 14019 that turns 600 federal agencies into get out the vote arms for the Biden regime.
This is a critical lawsuit.
They're the only ones doing it.
We need to get behind it, shine a light on it, and support their efforts.
They explain why what they're doing is so important and why it's urgent that we take action now.
Buckle up.
Here we go.
Charlie, what you've done is incredible here.
Maybe Charlie Kirk is on the college campus.
I want you to know we are lucky to have Charlie Kirk.
Charlie Kirk's running the White House, folks.
I want to thank Charlie.
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Proof of Citizenship Required 00:08:41
Love Scott.
Scott's a great guy.
Might be our next Treasury Secretary if Trump wins in November.
But I'm going to talk about immigration because we have some pretty nuanced, not even that nuanced, pretty aggressive opinions about immigration on this show.
And I'm going to welcome now Andrew Arthur, who's a fellow in law and policy at the Center for Immigration Studies.
Andrew, welcome to the show.
Andrew, thank you so much for having me.
Yeah, another Andrew.
Honored to have you.
So, let me just give you a little bit of your background, a little bit of a bio for our audience so they understand your bona fides here.
You're a former immigration judge.
God bless you for that.
We might need to throw you back into service, sir, soon.
And in a prior life, he was the staff director of the National Security Subcommittee at House Oversight and Government Reform.
And you had several hearings during your time there on this specific subject that we're going to talk about.
And by the way, there's some new data out of how many foreign-born, and I want to get into that new study that you guys have released.
But specifically, sir, I want to talk about this question.
It feels very, very central to the November discussion about this election.
Biden is down on all the polls, but he's eerily confident.
He's saying that Trump is the one who's not going to accept the results.
He's saying that the polling's all wrong.
He's barely campaigning, but all of this has this eerie 2020 feel, if you're paying attention.
And the question is: can illegal immigrants vote?
There might be 10 million here right now.
There might be 12.
We actually kind of don't know.
You guys have some great estimates on that.
So let's just take the conservative approach.
Let's say there's 6.6 million illegals in Joe Biden's time.
Can they vote?
What are the rules?
So by law, they can't vote.
In fact, for any alien, legal or illegal, green card holder or otherwise, they're not allowed to vote under 18 United States Code 611, which makes it a misdemeanor for any individual who's not a United States citizen to vote.
It's also important to note, Andrew, that it's a ground of deportability under Section 237A6 of the INA of the Immigration Nationality Act for an alien to vote in the United States.
So legally, they can vote.
Now, is it possible that they could vote?
Have individuals who were aliens registered to vote in the past?
Yes.
In fact, the Heritage Foundation actually referenced an action that was taken by the state of Virginia beginning in 2014, in which they struck 11,000 what they described as non-citizens off of the voter polls.
That's between 2014 and the present time.
So, you know, we know that aliens have registered to vote.
In fact, when I was an immigration judge, I had a handful of cases, not many, but a handful, involving individuals who were deportable based on the specific provision that I referenced before under Section 237 of the INA.
So, yeah, this is something that's happened.
In fact, you mentioned some hearings that I had when I was working for Chairman Ron DeSantis of the National Security Subcommittee.
And one of them in particular was interesting.
We had Chris Kobach, who was then the Secretary of State of Kansas.
He's now the Attorney General, who gave us specific instances in which it appeared that aliens who did vote in Kansas had influenced some local elections.
So, yeah, I mean, this is not a purely theoretical issue.
It's interesting, Andrew, because if you listen to people on the left discuss it, you know, they'll say this isn't a big deal.
It's not an issue.
It never happens.
But because states don't do the hygiene that they should in verifying employment eligibility, we don't really know how big a problem this is.
It's sort of like the canard that you'll hear, you know, illegal aliens never commit crimes except for the ones that we know about.
That's because most states don't actually check on alienate status when it relates to whether somebody has committed a crime or not.
So yeah, I mean, you know, is this an issue?
It's plainly an issue.
You know, when you talk about the last election, which was decided by, I think it was 42,000 votes in a handful of states.
So yeah, you know, it's definitely something that, you know, Congress should be concerned about.
In fact, they're so concerned about it, they made it a crime.
So it's only logical, given the massive number of people that we've seen released into the United States, you know, 2 million gotaways on top of that, that we should be concerned about this issue, you know, especially if it's a very tight election.
All right.
So I want to take your attention to a tweet that Senator Mike Lee, who's a friend of the show, put out.
He said, Congressional Democrats insist that the SAVE Act, which requires proof of citizenship to establish eligibility to vote in federal elections, is unnecessary because federal law already prohibits non-citizens from voting in federal elections.
Those making this argument ignore a glaring problem.
And this is the key.
The government officials who register voters and conduct federal elections are not allowed to require proof of citizenship.
Therefore, it is shockingly easy for non-citizens to vote in federal elections.
Anyone, even an illegal alien or non-citizen, can register to vote in federal elections just by checking a box and signing a form.
This is all on the honor system.
Is this true?
Yeah, actually, it is true.
There are currently a handful of states, again, that require proof of citizenship before you're allowed to vote.
But thanks to the Motor Voter Act, which was passed back in the 80s, when you go to get a driver's license, you're given the opportunity to check a box that asks whether you want to be registered to vote or not.
And a lot of people, including aliens, inadvertently check that box.
They don't, you know, some of them don't know that they're eligible to vote or they're not eligible to vote.
And on top of that, Andrew, we have Executive Order 14019 protecting access to voting or promoting access to voting that President Biden issued back in March of 2021 that makes it an all-hands effort in the executive branch to register people to vote.
Now, that includes agencies that grant public benefits, not surprisingly.
And that's actually created some real problems.
In fact, an official from the Department of Health and Human Services in the state of North Carolina complained to Attorney General Merrick Garland that they were forced to send voter registration materials to people who were receiving means tested public benefits, welfare benefits, basically for them to sign up to vote.
And, you know, he complained about the confusion that this was creating.
But yeah, I mean, this is a real issue when you have an executive branch that is focused on getting as many people to register as possible, which is a laudable goal.
But when you start using every federal agency imaginable to get involved in that effort, you're going to have people who inadvertently register to vote, who aren't allowed to, and people who actually do register to vote.
In fact, the Mississippi Attorney General complained that due to an offshoot of this that is trying to register people who were in prison to vote that aliens who were in prison may be promoted to vote too.
So it's so bizarre, Andrew, it's almost ridiculous.
There's no reason in this country that you shouldn't be forced to prove your citizenship.
Everybody's got a birth certificate if they were born here.
Everybody's got a naturalization certificate if they were naturalized here.
And about 40 million Americans have passports.
Each one of those documents shows that you're a United States citizen and requesting that essential document isn't too much to ask.
But even if it is, there is a system called the SAVE system that DHS runs that can verify employment eligibility and can verify who's an alien and who's a citizen.
So yeah, I mean, you know, this isn't an insurmountable effort.
All it requires is will.
And right now, there's no will from the executive branch to actually put safeguards into place to ensure our precious right to vote.
Hey, everybody, Charlie Kirk here.
Documenting American Citizens 00:15:10
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Andrew, we've got some really crazy numbers to go over here.
This new study from Center for Immigration Studies puts it at, we have a foreign-born population of 51.6 million people.
Put that into perspective for us.
How big is that historically?
How much of it has happened under Joe Biden?
That's a great question.
About 15.6% of the U.S. population currently is foreign-born.
And to put that into context, we think of the great wave of migration of the 1880s and 1890s.
In 1890, which was the peak in the foreign-born population prior to the time that Joe Biden took office, 14.8% of the U.S. population was foreign-born.
So we're talking about almost a full percentage point larger today than back in the 1890s.
If you ever seen Godfather 2, that's how that starts.
And it talks about this huge wave of population.
And yet most Americans don't realize we're actually living through an experiment right now in United States history.
About 5.1 million aliens have entered the United States since Joe Biden took office.
That's an incomparable number.
5.1 million people.
I mean, this is a huge number.
We know from a congressional resolution that was passed back in February that 3.3 million aliens at that time had been released into the United States under the Biden administration.
You can add about 200 to 300,000 to that and get to about 3.5 million.
And Andrew, that doesn't even count 2 million known gotaways.
Those are aliens who came over the Southwest border, entered the United States illegally, evaded border patrol, and made their way into the interior of the United States.
So again, you know, as I said before, this is, we're basically running a test of the capacity of the United States to assimilate, let alone deal with, a massive number of brand new people in the country.
And, you know, this is, it's incomparable.
We've never seen numbers like this before.
Of course.
Two questions, though, on this.
This does impact the census, correct?
So this will congressional appropriate Putting congressional seats together, also federal grants, by the way.
So, so I want to go over that.
And then, two, you know, how come these numbers, we're hearing different numbers, 10 to 12 million over Biden's full term.
You guys have it lower.
Are you guys just being conservative?
You're trying to adjust the numbers you can prove, or what do you think that it could be as high as 10 to 12?
We just don't know.
Yeah, so the numbers that the center put out were compiled by my colleagues, Steve Camerada and Karen Ziglar, and they based it on the Census Bureau's American Community Survey, which really is the gold standard of numbers.
Now, it's important to keep in mind also, Andrew, that in addition to people coming in, some people go out.
But, you know, I could pretty safely pin the number of people who have entered the United States illegally, either those who have been stopped and released or those who evaded gotaways, as we refer to them.
And I could put that pretty safely at about 5.5 million people.
And again, the reason that the numbers increased by 5.1 million if we've had 5.5 million people here illegally come in is because some people, as I mentioned before, they leave.
They'll be green card holders.
They'll go back home.
They'll be citizens.
They'll go back to where there's a lower cost of living.
So yeah, I mean, it's important also, Andrew, to not make the numbers larger than we can actually quantify, because at some point, the numbers become so big, there's nothing that the U.S. government can do to respond to the problem.
The only thing that we could do is to have a brand new amnesty, legalize everybody and swear just like we did back in 1986.
We're never doing this again, which of course we did.
So yeah, I mean, I feel very secure in giving you the statistics.
Steve and Karen, their numbers are, you know, pure and you can trust what they have to say.
All right.
So to sum it all up, we have a record number of foreign-born people living in this country, thanks to Joe Biden.
We have a record number of gotaways, and we have this pesky little loophole in our voting system where officials who handle our federal elections and register voters are not able to verify citizenship.
And by the way, they are actively fighting the SAVE Act, which would close that loophole.
Do I sum it up about right?
That's exactly right.
And you talked about congressional apportionment again.
It's going to be California and New York that benefit.
So come the next census, when they get more congressional seats, you'll know where they came from.
So they do get a vote, even if they're not voting.
That's basically what that means.
Andrew, a pleasure.
I wish it was under better circumstances, but thank you for all that information.
Thank you so much for having me, Andrew.
Hey, everybody, Charlie Kirk here.
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I'm going to introduce three special guests to you right now.
That is state rep Dawn Kiefer.
She's the lead legislative plaintiff in this case we're about to discuss.
Karen DeSalvo, she's the lead counsel.
And Heather Honey, she's the executive director for the Election Research Institute.
To my panel of distinguished guests, welcome to the Charlie Kirk Show.
Thank you.
Thanks for having us.
Yes, absolutely honored to have you.
What you ladies are working on right now is so incredibly important.
It's ironic.
We didn't plan it.
The guest we had before, we were talking about illegal immigration, how that can affect certain things.
And he brought up Executive Order 14019 and how the entire federal government is being mobilized, 600 federal agencies to get out the vote.
They're meddling in state level elections.
And that's why this case is so important.
You guys are bringing a suit, and it's a little wonky for the audience at home, but we're trying to get this thing in front of the Supreme Court before it's too late.
So I don't know who should take the first go here, but explain for our audience what this case entails.
And maybe since it's Kiefer, maybe you go first and we'll start there.
Okay, so I'm not going to get into the legal details.
I'm not an attorney, but what we're dealing with here is executive overreach.
And we're dealing with it in both the state and at the federal level.
So in the federal level, you had Biden issue an executive order, essentially charging all of his federal agencies to become get out the vote agencies.
And specifically, they're dealing with programs that deal with a Demograph or Democrat constituency, essentially.
And what's even more egregious on that, which violates the Constitution, is that you have the president actually on the ballot this year.
So that's another component to it.
So this lawsuit right now, what we're trying to do is just get standing.
So it's not even on the merits of the case.
They're saying we don't have standing to try this case.
So right now we're fighting for the standing, saying I, as a legislator, have standing in court to bring this suit to say that my constitutional rights to determine the time, place, and manner of the election have been violated and have been usurped by the executive branch.
And if I don't have the power or the standing for this lawsuit, who does?
Yeah, so Bench, basically, the Constitution leaves it up to the states to run their elections according to the state legislatures, right?
So you guys obviously should be the authority on how to run your state's election.
In this case, Pennsylvania.
They're saying you don't have standing.
You're appealing that, correct?
So, and that's essentially what we're arguing about right now, correct?
Right.
Summing it up.
Right.
We are not even, exactly.
We're not even getting into the merits of the case right now.
It's just about the standing issue.
Yeah.
Well, it seems fairly obvious on its face.
We'll see if they, but you guys have a great team assembled, which is one of the reasons why I'm so glad to have you guys here.
So when we talk about this executive order, it was signed sort of under this veil of secrecy in March of 2021.
So he gets inaugurated, becomes president of the United States, occupant of the Oval, as I like to say.
And then this, not much fanfare, not much details as to how this EO would be rolled out or what the effect could be.
So, and again, to the two other ladies, what is the impact?
And are we seeing this executive order play out in real life?
Well, the impact of this is, if we think about the impact that Zuckerbux had in 2020 in terms of allocating resources and in that case, giving private funding from Mark Zuckerberg to the counties of their choice,
what we have here is the whole of the federal government being directed to create an action plan that will essentially partner with these third-party nonprofit organizations to do voter registration drive and get out the vote.
I mean, that's what this is.
So it's a weaponization really of the full force of the federal government to drive up Democrat turnout, right?
I mean, that's the demographic that they're targeting across the board.
And so we think that this is a crisis, right?
I mean, when we think about the Zuckerberg impact in 2020, people didn't really know too much about that until after the fact, right?
So here we know what they're doing.
This plan was devised by Demos before Biden was ever inaugurated.
It was posted on their website.
And, you know, so the Biden administration just adopted it, you know, the whole thing and actually brought in folks from Demos to implement it to their liking.
So Heather, explain that organization to our audience.
Just go ahead.
So, I mean, Deimos is a progressive organization.
They call themselves, I think, a think tank.
But essentially, they scripted out what the Biden administration should do in order to increase voter registration and how they could use the, you know, the federal government as a tool to make that happen.
But of course, you know, the NBRA allowed, it was a law, a federal law passed by Congress, which told the states, hey, if you want any federal agencies to be voter registration agencies in your state, you may designate them as such.
And so, you know, it's the state's authority to decide which federal agencies they want to do voter registrations and which ones they don't.
And in Pennsylvania, aside from the military recruitment offices, that's it.
So all of the other agencies that are implementing these plans and, you know, one of the alarming things that I think we'll probably touch on in a bit is the lack of transparency.
I mean, they are just absolutely refusing to turn over information about what these plans entail.
And the one lawsuit that was based on a Freedom of Information Act request from FGA sought to get the action plan, the Biden executive order plan for the DOJ.
And the DOJ refused to turn it over after stonewalling for months.
And then finally, they won in court and a federal judge told the DOJ that they had to turn it over.
And then they refused anyway, citing presidential records or deliberations or something.
So they ultimately did not turn it over.
Just absolute secrecy that only makes it worse.
Yeah, well, the DOJ not cooperating is nothing new, sadly.
I think the House Judiciary and House Oversight are battling over the Robert Herr transcripts as we speak.
Same issue.
So Karen, I want to throw this over to you.
You're the lead counsel on this case.
I mean, again, without getting to the point where our eyes are going to glaze over with legalese, because it is a nuanced case.
Institutional Injury and Standing 00:03:03
I understand that for a lot of our people, but our audience is smart.
Break it down for us.
Why does Rep Kiefer have standing?
Why does the state legislature in Pennsylvania have standing?
Then.
So what are the next steps in this process?
Okay, so standing is one of those issues that we've heard discussed a lot in the aftermath of the 2020 elections, so we know that there were dozens of election related lawsuits that were brought following the 2020 election, and the majority of those cases were dismissed based on standing, and so what that meant was the court never proceeded to the merits of the case.
They didn't hear the evidence in the case.
They were dismissed prior to receiving the evidence on the basis of standing.
So what is standing?
It's what enables parties to bring their claims before the court, and so, in essence, in order to have standing, you have to have a dog in the fight or a stake in the game.
It has to be some sort of legally cognizable injury that you bring before the court, and in this case, the the district court believed that the individual legislators did not have standing.
We have 27 Pennsylvania lawmakers, one senator and 26 house members who brought this case.
The Middle District Court said that we did not have individual.
We did not have individual legislators standing because this was an institutional injury.
So if there was an injury, then the case should have been brought by the institution, but we think that the middle, that the district court, that the judge in the Middle District, got this wrong for several reasons, and the first is it's not an institutional injury, because not all members of the institution have been affected in the same way.
So this executive order that we're discussing in the aftermath of the 2020 election, we had a real problem with Zuckerbucks in Pennsylvania, and so our legislators passed a law, and the law that was passed said a couple of things.
The first thing, it said we're going to only allow funds that are properly appropriated by the government to be used for these sorts of voter registration activities, and it also said we're not going to permit outside third-party organizations to be involved in our elections.
So the lawmakers that voted for this law that was successfully passed in Pennsylvania, they're not happy about the executive order, because what they voted for has now been nullified by executive order.
But the members of the legislative body who who were not in favor, who voted against that law, they're happy.
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So, Karen, I want to finish this point that you were making, essentially, that we do have standing.
This is a federal overreach of state level elections.
And then I think we've kind of got the essence of that communicated.
But what are the next steps here?
So, this is in front of a circuit court.
Is that right?
No, we actually are, we filed a petition for a writ of certiary before judgment with the United States Supreme Court, which is an extraordinary, extraordinary thing that we are asking for.
And so, I think that lots of people don't know that the United States Supreme Court is a court with discretionary review.
So, that means they don't have to take all cases that are appealed to them.
And in fact, thousands of cases are appealed to the United States Supreme Court every year.
And on average, they take about 80 to 100 cases per year.
So, it's extraordinary for that reason, but it's also extraordinary because we have filed for certiary before judgment, which means we're taking it out of the usual trajectory for appellate cases.
So, we filed our case in federal court in the district court, in the middle district court of Pennsylvania.
And usually, when you're not happy with a decision from the district court, you file an appeal to the circuit court.
So, the courts of appeals.
Pennsylvania is located in the third circuit.
We have filed a notice of appeal with the third circuit, but we also simultaneously filed this petition for review before judgment with the United States Supreme Court.
And we also filed a motion to expedite review.
And so, what we're asking for is absolutely extraordinary for all of those reasons, that we're taking it out of the normal appellate track and we're asking the court to review it immediately.
But there are two reasons for that.
The first is time is of the essence.
So, we're 174, I think, days away from the election in November of 2024.
We absolutely need this case to be heard before the November 2024 election.
And because the issues in this case are so important, not just for Pennsylvania, but for the entire country, that's why we need this case to be taken by the United States Supreme Court.
And then, we do have, we filed our notice of appeal in the Third Circuit.
And if they deny certiary in the United States Supreme Court, we will continue with the normal appellate track in the Third Circuit.
Well said, Karen.
And I'm going to throw this back to Heather here.
So, you guys at the Election Research Institute have been doing phenomenal work on this.
You're working with obviously state rep Don Kiefer here, who's with us, very courageous state rep. What other actions are you guys taking?
I mean, can other states get involved?
Can they file amicus briefs?
What are you guys working on behind the scenes to fast track this?
So, absolutely, the answer is yes.
We need, this is an all-hands-on-deck kind of moment.
You know, right now, so the Secretary of State in West Virginia, who I believe was on the show not too long ago, he has taken some very bold action and he has said that his state will not accept federal voter registration forms from agencies that have not been authorized.
In addition to that, he is leading the charge with an anarchist brief in our case.
So, he, through his office, has prepared one.
And I think that last I heard that about 12 other secretaries of state have expressed interest in signing on to that.
So, that is incredibly helpful.
In addition to that, we have a group of congressmen, Dan Muser, Congressman Dan Muser out of Pennsylvania, is spearheading an amicus brief on behalf of several congressmen.
So please, if you are listening, contact your congressmen, ask them to sign on to this amicus.
We need some way, as Karen said, this is an extraordinary thing we're asking the Supreme Court to do.
So we need them to see just how incredibly damaging this EO is to our election system.
I mean, there's no doubt there's a crisis in confidence.
This is only making it worse.
We need to put an end to this.
And so, you know, so that's for sure number one.
You know, if you can do an amicus, please do.
If you are not in a position to do an amicus yourself, I mean, private organizations can file amicus QRI briefs.
So, but, you know, contact your representatives, your congressmen, ask them to get on board.
And then the other thing, too, you know, we are the only, this is the only case currently in the court system challenging this, you know, the EO.
Again, we're challenging executive overreach at many levels of government, but this is the only case.
There need to be other cases filed because we might not be successful.
Yeah, so Heather, let me sum this up for us.
File an amicus brief, get on board with what you guys are doing.
File a lawsuit if you're another org, and then call your elected officials.
Tell them to get behind this.
Ladies, thank you so much for doing this.
You've brought light to an incredibly important EO that could change the trajectory of our country and not for the better.
So thank you.
I hope more people get on board with this.
Thanks so much for listening, everybody.
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