GOOD NIGHT FROM NEW YORK.
KENNEDY: THE IMMIGRATION BATTLE
HAS REACHED FEVER PITCH AS
PRESIDENT TRUMP AND HIS
ADMINISTRATION ARE BLAMING THE
SOUTHERN BORDER CRISIS ON
DEMOCRATS IN CONGRESS FOR
STALLING ON LEGISLATION THEY SAY
COULD BRING A RESOLUTION.
>> IMMIGRATION IS THE FAULT AND
ALL OF THE PROBLEMS THAT WE'RE
HAVING AS WE CANNOT GET THEM TO
SIGN LEGISLATION, WE CANNOT GET
THEM EVEN TO THE NEGOTIATING
TABLE.
AND I SAY IT'S VERY STRONGLY THE
DEMOCRATS' FAULT.
KENNEDY: OH BOY.
THE ADMINISTRATION IS HOLDING
IMMIGRANTS WHO ILLEGALLY CROSS
THE BORDER FOR PROSECUTION AND
SEPARATING PARENTS FROM
CHILDREN.
CRITICS ARE CALLING THE POLICY
CRUEL AND INHUMANE.
BUT THIS AFTERNOON THE
DEPARTMENT OF HOMELAND SECURITY
SECRETARY KIRSTJEN NIELSEN SAID
CLAIMS THAT THE ADMINISTRATION
PLANS TO SEPARATE PARENTS AND
KIDS ARE OFFENSIVE AND THAT
OFFICIALS ARE DOING THEIR JOB
ENFORCING THE LAW.
LIKE THE PRESIDENT LAID THE
RESPONSIBILITY ON CONGRESS
SAYING THEY'RE THE ONLY ONES
WITH THE ABILITY TO FIX THE
CRISIS.
WATCH.
>> CONGRESS AND THE COURTS
CREATED THIS PROBLEM AND
CONGRESS ALONE WITH FIX IT.
UNTIL THEN WE WILL ENFORCE EVERY
LAW WE HAVE ON THE BOOKS TO
DEFEND THE SOVEREIGNTY AND
SECURITY OF THE UNITED STATES.
KENNEDY: ALL RIGHT.
WHO IS TO BLAME FOR THIS MESS.
LET ME BRING IN SENIOR EDITOR AT
THE FEDERALIST MOLLIE HEMINGWAY.
WELCOME BACK.
>> GREAT TO BE HERE WITH YOU.
KENNEDY: LET'S TALK A LITTLE BIT
ABOUT THE PEOPLE COMING OVER.
BECAUSE AFTER THE PRESIDENT WAS
ELECTED WE SAW A SHARP DROP IN
APPREHENSIONS AT THE BORDER.
THAT WAS BASED ON THE PERCEPTION
THAT THE PRESIDENT WAS GOING TO
MAKE SOME CHANGES IN IMMIGRATION
POLICY AND ENFORCEMENT.
AND NOW WE'RE SEEING THE
SEPARATION OF PARENTS FROM
BECAUSE OF WHAT MEMBERS OF THE
ADMINISTRATION ARE CALLING A
ZERO TOLERANCE POLICY.
WHAT HAS THE SHIFT BEEN.
>> RIGHT.
SO IN PREVIOUS ADMINISTRATIONS
AND PARTICULARLY UNDER THE OBAMA
ADMINISTRATION, WHEN SOMEONE
ILLEGALLY ENTERED THE COUNTRY
AND ONLY AFTER BEING CAUGHT
CLAIMED THAT THEY WERE SEEKING
ASYLUM, THEY WOULD ESSENTIALLY
BE LET GO.
SO THEY WOULD BE TOLD, WE'RE
GOING TO LET YOU GO RIGHT NOW.
COME BACK FOR A COURT DATE.
AND IT BECAME A THING THAT WAS
AN INCENTIVE STRUCTURE FOR
PEOPLE TO CROSS THE BORDER
ILLEGALLY WITH CHILDREN.
THEY KNEW IF THEY GOT CAUGHT
THERE WAS A LOOPHOLE THAT
ENABLED THEM TO HEAD OF TO THEIR
DESTINATION, THEY NEVER SHOWED
UP FOR COURT AND THEY COULD LIVE
HERE AS PLANNED.
WHAT HAPPENED IS WE STARTED TO
SEE A SHARP RISE IN IF NUMBER OF
PEOPLE MAKING THIS TYPE OF
BORDER CROSSING.
IF YOU'RE TRULY SEEKING ASYLUM,
YOU CAN GO TO ANY PORT OF ENTRY
IN THE UNITED STATES, DECLARE
YOURSELF AS AN ASYLUM SEEKER AND
YOU WILL NOT BE SEPARATED FROM
YOUR FAMILY.
THIS ISING ON AFTER THEY
BUIS ISING ON AFTER THEY
BUTS ISING ON AFTER THEY
BUT RISING ON AFTER THEY
BUT REAING ON AFTER THEY
BUT REALLG ON AFTER THEY
BUT REALLY ON AFTER THEY
BUT REALLY TN AFTER THEY
BUT REALLY THAAFTER THEY
BUT REALLY THATFTER THEY
BUT REALLY THAT UER THEY
BUT REALLY THAT UPT THEY
BUT REALLY THAT UPTICHEY
BUT REALLY THAT UPTICKEY
BUT REALLY THAT UPTICK WAS VERY
HIGH.
A THEY HAD ALMOST AS MANY PEOPLE
USING THIS METHOD AND NOT
SHOWING UP FOR COURT DATES AS
THEY HAD THE PREVIOUS YEAR.
SO THERE WAS A DECISION IN THE
TRUMP ADMINISTRATION THAT THIS
POLICY REALLY HAD TO CHANGE
BECAUSE IT WAS CREATING A BAD
INCENTIVE STRUCTURE.
KENNEDY: IT IS A BAD INCENTIVE
STRUCTURE.
AND YOU SAY THERE ARE A LOT OF
PEOPLE CROSSING THE BORDER
GAMING THE SYSTEM.
BUT WE CAN ALL AGREE -- I DO
AGREE WITH YOU THAT THE OBAMA
ADMINISTRATION, THEY WERE NOT
INNOCENT SWEETHEARTS WHEN IT
CAME TO IMMIGRATION AND
DEPORTATION.
OBAMA LAWS IS NO JUSTIFICATION.
WHAT HAPPENED IN THE OBAMA ERA
WAS BAD.
WHY WOULD THIS ADMINISTRATION BE
DOING THE SAME THING UNDER THE
AUSPICES THAT THE LAW IS THE LAW
AND THEREFORE IT'S GOING TO BE
ENFORCED IN THIS PARTICULAR WAY.
>> WHAT YOU HAD BEFORE WAS A
FAILURE TO ENFORCE THE LAW.
THE BIG CHANGE IS THAT THIS
ADMINISTRATION IS ENFORCING THE
LAW.
IF YOU DON'T THINK BORDERS
MATTER, GO AHEAD AND PASS A LAW
THAT SAYS THEY DON'T MATTER.
AS IT IS RIGHT NOW THERE'S NOT
MUCH OPTION OTHER THAN NOT
ENFORCING THE LAW AND THAT IS
SOMETHING THAT I THINK A LOT OF
AMERICAN PEOPLE HAVE DECIDED IS
NO LONGER TENABLE WHEN IT COMES
TO IMMIGRATION.
SENATOR TED CRUZ JUST PROPOSED
LEGISLATION THAT MIGHT BE
SOMETHING THAT KEEPS A LOT OF
PEOPLE HAPPY ON BOTH SIDES,
TAKES THE ISSUE OF SOVEREIGNTY
SERIOUSLY BUT ALSO ADDRESSES HOW
LONG IT TAKE TO ADJUDICATE THESE
ILLEGAL BORDER CROSSINGS
FOLLOWED BY ASYLUM SEEKING
STATUS AND BASICALLY HE SAYS YOU
HAVE TWO WEEKS TO RESOLVE IT.
IF THEY DON'T MEET THE
STANDARDS, THEY'RE DEPORTED AS A
FAMILY.
OTHERWISE THEY CAN BE ALLOWED TO
STAY HERE AS A FAMILY.
KENNEDY: DEPORTED AS A FAMILY
BACK TO THE UNITED STATES.
NOW THE ISSUE THAT PEOPLE HAVE
ISN'T WITH THE UNITED STATES
HAVING BORDERS OR ENFORCING OUR
OWN LAWS.
THE ISSUE IS THE OPTICS OF HOW
BAD THIS LOOKS.
AND YOU KNOW, YOU HAVE A LOT OF
REPUBLICANS AND A LOT OF NEVER
TRUMPERS WHO ARE SEIZING ON THIS
ISSUE WHO HAVE BEEN OPPOSING THE
PRESIDENT FRUITLESSLY BUT NOW
THEY'VE FOUND SOMETHING THAT
ACTUALLY HAS TRACTION.
AND IT DOESN'T SEEM THAT THIS IS
THE BEST WAY AND THIS IS THE
BEST NEGOTIATING TOOL.
AND IT DOESN'T EVEN MATTER IF
THEY'RE SHOWING PICTURES FROM
2014.
PEOPLE AREN'T GOING TO LISTEN TO
THE CLARIFICATION.
THE ONLY THING THAT'S GETTING
THROUGH IS THAT THERE ARE
WAREHOUSES FULL OF CHILDREN WHO
ARE SEPARATED FROM THEIR PARENTS
AND THERE HASN'T BEEN A COHESIVE
EXPLANATION FROM THE
ADMINISTRATION WHAT IS HAPPENING
AND WHY IT'S HAPPENING.
>> THERE'S TRUE THAT IT'S NOT
BEEN WELL-COMMUNICATED AND THERE
IS A MORAL COST TO SEPARATING
CHILDREN FROM THEIR FAMILIES.
AND IT NEEDS TO BE ADDRESSED.
THE LAWS NEEDS TO BE ADDRESSED.
IT'S ALSO TRUE THAT PEOPLE
FREQUENTLY FEEL THAT THERE IS A
LACK OF HONESTY IN THE
IMMIGRATION DEBATE.
THIS IS A PROBLEM OF BORDER
ENFORCEMENT AND HOW POROUS OUR
BORDER IS.
RATHER THAN TALK ABOUT THAT WE
BRING UP THE LATEST GROUP OF
PEOPLE THAT ARE SURE TO INVOKE A
LOT OF SYMPATHY OPEN TALK ABOUT
THAT INSTEAD OF THE OVERARCHING
PROBLEM WHICH IS ARE WE A NATION
OF LAWS, DO WE HAVE A BORDER
THAT MEANS I GUESS IN.
AND PEOPLE ARE GETTING TIRED OF
BEING -- OF WEAPONIZING
DIFFERENT GROUPS OF IMMIGRANTS
AS A WAY TO PREVENT US FROM
TALKING ABOUT IT.
KENNEDY: I AGREE THERE'S A LOT
OF EMOTIONALIZING ON BOTH SIDES.
I ALSO AGREE THAT MEMBERS OF
CONGRESS LACK COURAGE TO COME UP
WITH A COMPREHENSIVE IMMIGRATION
POLICY AND WHAT THAT MEANS.
BECAUSE ON ONE SIDE YOU WANT TO
MAKE BUSINESSES HAPPY AND
PROVIDE THEM WITH INEXPENSIVE
LABOR OPTIONS.
BUT ON THE OTHER HAND YOU WANT
TO MAKE SURE THAT PEOPLE AREN'T
COMING INTO THE COUNTRY TO TAKE
ADVANTAGE OF BENEFITS.
BUT NO ONE REALLY WANTS TO PASS
LAWS THAT MIGHT BE POLITICALLY
PERILOUS FOR THEM AND MAKE
REELECTION DIFFICULT.
SO INSTEAD WE ARE IN IMMIGRATION
LIMBO AND EXTREMISTS ON BOTH
SIDE GET TO DIG THEIR HEELS IN
WHILE SADLY KIDS SEEM TO BE THE
ONES STUCK IN THE MIDDLE.
>> I'M A HUGE FAN OF
IMMIGRATION.
I THINK WE SHOULD HAVE MORE OF
IT.
AT THE SAME TIME WE NEED LAWS
AND WE NEED TO AGREE ON THE
LAWS.
EVERYONE SHOULD KNOW THAT THE
RULE OF LAW IS THE WAY THAT WE
CAN WORK TOGETHER AS A SOCIETY
AND TRULY BE A NATION WITH BOARD