BUCK: We’re joined by former senior advisor to President Trump in the White House Stephen Miller. Stephen, really appreciate you being with us today.

MILLER: Great to be here. Thank you.

BUCK: A federal judge has enjoined Biden’s executive actions that, as you wrote here in Twitter, “functionally abolished ICE and shielded tens of thousands of criminal aliens from deportation.” America First Legal worked with Arizona, Ohio and other states on this. Tell us what’s going on — and it seems like at least an early stage win against Biden’s lawlessness at the border.

MILLER: Yeah, so, a couple of things. This is a lawsuit that originally was filed in Arizona, and my organization, America First Legal, worked with Arizona on the filing of that lawsuit. And then it was moved to the state of Ohio, into the Sixth Circuit, out of the Ninth Circuit, and the district court judge recently enjoined President Biden’s entire scheme of nullifying ICE by executive action.

Specifically what President Biden did through secretary of DHS, Mayorkas, was to prohibit ICE officers from arresting the vast majority of not only illegal aliens, but specifically criminal illegal aliens. To explain briefly how this works, so Border Patrol arrests illegal aliens crossing the border. ICE’s job…

There’s a lot of jobs, but the two that are relevant here are to deport illegal aliens that Border Patrol can’t remove — typically that means to a further away than Mexico — or to arrest illegal aliens in the interior of the country in all 50 states. The second mission is really relevant here because what ICE does, by and large — most of the day-to-day work before Biden — is a local police department in the place that you live arrests somebody for committing a crime.

They get a 911 call. They go somewhere. They arrest somebody. When that person’s in custody, they run them through a national database to determine whether or not there’s an active warrants, whether or not they’re wanted in other jurisdictions, or if they’re an illegal alien or a deportable alien. And if it gets a hit, if it comes back, “Hey, this person can be deported, they’re here illegally,” or they’re a student visa holder or whatever it may be, then ICE places something called a detainer.

ICE says, “Please hold on to this person and before you release them hand them over to us.” So, whether it may be at the end of the sentence, or because the witness doesn’t show up and they have to drop the charges, whether they’re bonded out by a judge, whatever it is — as soon as this person leaves your custody you hand them over to us and we’re going to send them home.

That is the bread-and-butter work that ICE does. Biden said you can’t do that anymore. You cannot remove these criminal aliens that have been arrested by police departments all across the country. When they’re released, they go back into the community to offend a second, third, fourth, fifth, tenth, 20th time.

That policy is practical, real world effect — and this is not exaggeration — tens of thousands of criminal aliens with charges ranging from drunk driving to sexual assault, to indecent exposure, to child predation, to domestic abuse, battery, home invasion, et cetera, are all being released to repeat their crime spree against Americans. Now, that was enjoined just this week in Ohio.

But we have a track record — so I temper people’s enthusiasm, but we have a track — of Biden defying court injunctions. We need to be honest with ourselves here. He lost the big case on Remain in Mexico, as you recall. They have removed only several hundred people under the Remain in Mexico program since losing that court case, while we’ve had two million illegal immigrants crossing the border.

If we had defied an injunction in that way in the Trump administration, we’d all be in jail for contempt. So we won the case. It’s still unclear what scheme Biden’s going to come up with to find a way to keep releasing illegal aliens into this country. So it’s a colossal victory, but I expect the Biden Administration to do everything they can to keep the flood of illegals coming into our communities.

CLAY: Stephen, thanks for coming on. This is Clay. It’s clear that the Biden administration is not supporting — and Buck, we’ve talked about this a lot on the show — the border officials who are in charge of trying to protect the border. But this is crazy. I read yesterday, Stephen, that we’re now six months in to that investigation of Border Patrol officials for their horseback pursuit of illegals, and they still haven’t been cleared.

How wild is that to you, Stephen, that we could be…? To your point on Biden doing everything he can to delegitimize our borders and lead to them basically becoming a sieve, how wild is it that that investigation would still be ongoing of those photos, remember, that everybody tried to claim were evidence of the whipping of people who were running across illegally? How wild is that investigation still going?

MILLER: Well, it’s egregious. It’s sinful. They are persecuting innocent agents who are doing their jobs in impossible circumstances because of the lawless decisions made by their superiors. The reality is that this administration’s immigration policy is run by hardcore activists who hate ICE, hate Border Patrol, hate borders, and hate our sovereignty and want it eradicated. When I was working at the Trump administration and border security, we were going to battle every day against these forces — against organizations, entities and outfits like the ACLU — that did not believe in borders, did not believe in American sovereignty.

Those people that we were fighting with, those people that were trying to get illegal aliens into the country any way they could are now the ones running the immigration policy for the entire United States of America. So we are, in a very real sense, the first major country that I’m aware of in world history whose own government is launching a systematic campaign to eradicate its own borders — including, as I mentioned, the mass release of illegal aliens with severe criminal records.

BUCK: Speaking to Stephen Miller, the senior advisor to former President Trump and America First Legal. Stephen, there was a story just a couple days ago that the Biden administration is worried about the optics if they get rid of Title 42 authority from the CDC that allows the expulsion of migrants during a pandemic, because there will be a mass migration event. Thousands of illegals would immediately try to pour into the country. Do you think that this is finally getting to the point where the Democrats — they’re not going to change policies, obviously, but they’re at least trying to hide the reality of this from the American people in the midterms?

MILLER: They are trying to hide the reality. If our southern border was covered with even one-tenth the attention given to, for example, Ukraine, the public would be so up in arms about what’s happening that the border would be closed the next day. In other words, we have violent transnational cartels responsible for the deaths of tens of thousands of people throughout our hemisphere. If you include drugs, which you must include, hundreds of thousands of people across our hemisphere. And there’s total silence and blackout in media coverage. What they’re planning next on Title 42 will be — the only word I can think of is — “apocalyptic.”

The word “disaster,” “catastrophe,” “calamity” doesn’t even come close to describing what’s coming our way. We’ve already had the highest level of illegal immigration in recorded history with this tool under Biden — at least on paper — in place. So we’re going to go from the highest level since numbers were kept, not counting — not counting — the people that are got-aways, not counting the people we don’t even know about — to some greater, even higher more unimaginable figure. That’s apocalyptic. That’s country-ending. That continues for a few years, and the damage that is going to be done to our nation will be irrevocable.

BUCK: Stephen Miller, formerly advisor to President Trump, now the America First Legal. Stephen, appreciate the expertise. Thanks for being with us.

MILLER: Thank you.