IT WILL HAPPEN.
CONNELL: JOINING ME FOX NEWS
CONTRIBUTOR DEROY MURDOCH AND
ATTORNEY CONSTITUTIONAL LAW
EXPERT, JENNA ELLIS.
I WILL TALK WITH YOU ON LEGAL
MERITS.
SOME SAY IT CAN BE DONE WITH THE
EXECUTIVE ORDER.
OTHERS SAYING THE INTERPRETATION
OF THE 14th AMENDMENT
APPLIED TO SLAVERY AND NOT TO
ILLEGAL IMMIGRANTS.
WHERE DO WE STAND FROM YOUR
POINT OF VIEW OF THE
CONSTITUTION?
>> YEAH.
WELL PRESIDENT TRUMP HAS
CONSISTENTLY MAINTAINED A VERY
CONSTITUTIONAL POSITION WHEN HE
HAS TOUCHED IMMIGRATION BEFORE.
HE WON THE TRAVEL BAN CASE AND
ALSO WITH THE EXECUTIVE ORDER IN
THE FAMILY SEPARATION ISSUE, I
THINK HE IS GOING TO BE VERY
CAREFUL HERE NOT, THAT HE WANTS
TO REMAIN CONSISTENT WITH
CONSTITUTIONAL LAW AND WILL WANT
TO WIN THIS ISSUE.
SO FROM THE PERSPECTIVE THE
14th AMENDMENT, IF YOU LOOK
AT LEGISLATIVE HISTORY,
MR. HOWARD, WHO WAS ON THAT
PARTICULAR AMENDMENT ON THE
RECORD THERE WAS SAYING
SPECIFICALLY DURING THE DEBATE
THAT IT DOESN'T APPLY TO
CHILDREN OF IMMIGRANTS WHO
AREN'T CITIZENS.
SO IF YOU GO BACK AND ACTUALLY
TAKE THE LEGISLATIVE HISTORY
INTO CONSIDERATION, I DON'T
THINK THE 14th AMENDMENT
SHOULD BE AN ISSUE.
EVEN IF WE LOOK AT COPE WHERE
CONGRESS SHOULD INTERVENE AND
ACT, IT IS CLEAR CONGRESS BY
STATUTE CAN CERTAINLY CURE THIS
ISSUE AND WHETHER OR NOT
PRESIDENT TRUMP HAS EXECUTIVE
AUTHORITY TO DO WHAT HE IS
CLAIMING I THINK WILL DEPEND ON
THE SCOPE OF THE EXECUTIVE
ORDER.
CHARLES: MAYBE ON THE EXECUTIVE
ORDER, BUT WON'T HAVE ANY
PROBLEMS WITH RESPECT TO THE
14th AMENDMENT.
DEROY, SENATOR GRAHAM EARLIER
TODAY SAYING HE WOULD INTRODUCE
LEGISLATION TO MAKE THIS
POSSIBLE.
MOMENTS AGO AS WE WERE COMING
ON, SENATOR RYAN REJECTING THE
IDEA OF USING AN EXECUTIVE
ORDER.
SO ALREADY GETTING PUSHBACK
WITHIN THE PARTY.
YOUR THOUGHTS ONE WEEK BEFORE
THE MIDTERMS.
>> I'M DUBIOUS ABOUT THIS BEING
DONE BY THE EXECUTIVE ORDER.
CONSTITUTION SEEMS PRETTY CLEAR
ABOUT THIS.
MAYBE BY STATUTE.
ON SUBSTANCE OF THIS I HAPPEN TO
BE SOMEONE BORN OF IMMIGRANT
PARENTS.
MOTHER AND FATHER CAME FROM
COSTA RICA, IN 62.
I WAS BORN IN 63.
THEY CAME LEGALLY AND GOT
PERMISSION.
IF YOU COME TO THE UNITED STATES
WITH PERMISSION, DOCUMENTS,
ET CETERA, THIS OUGHT TO BE
AVAILABLE TO YOU.
IF YOU BREAK INTO OUR COUNTRY,
COME IN ILLEGALLY, YOUR CHILDREN
OUGHT TO GET ONE WAY RIDE BACK
TO THE BORDER FROM WHENCE YOU
CAME.
CHARLES: FROM POLITICAL POINT OF
VIEW, I SAW VIDEO OF SENATOR
HARRY REID ABOUT 20 YEARS AGO
SAYING THIS WAS, IT WAS INSANE
THAT HE SAID, NO COUNTRY, NO
SANE COUNTRY WOULD HAVE
BIRTHRIGHT CITIZENSHIP.
SO YOU HAVE BOTH SIDES OF THE,
BOTH POLITICAL PARTIES PUSH BACK
AGAINST THIS NOTION.
>> THAT CERTAINLY HAPPENED.
YOU CAN LOOK BACK AT VIDEOS
CHUCK SCHUMER 10 YEARS AGO,
RAILING AGAINST QUOTE, ILLEGAL
ALIENS, USING THAT EXACT TERM.
DEMOCRATS GONE FAR TO THE LEFT
ON IMMIGRATION.
THE POINT I MADE OVER AND OVER
AGAIN, YOU WANT TO COME TO THE
UNITED STATES, BE PART OF THE
AMERICAN DREAM, SIMPLE, GO TO
NEAREST U.S. EMBASSY, FILL OUT
VISA APPLICATION YOU'RE GOOD.
IF YOU BREAK INTO OUR COUNTRY,
WE SHOULD THROW YOU BACK OVER
THE BORDER.
CHARLES: IDEA OF USING EXECUTIVE
ORDER YOU KNOW SCORES FROM
PRESIDENT TRUMP'S POINT OF VIEW
CONGRESS NEVER DOES ANYTHING.
IN OTHER WORDS, WE HAVE
ADMINISTRATION AFTER
ADMINISTRATION, BOTH SIDES OF
THE AISLE, FIGHTING BACK AGAINST
CHINA, WHETHER THIS SORT OF
TOPIC, JUST COMPLAIN BUT NEVER
ACHIEVING ANYTHING, AND PERHAPS
IN HIS HASTE, WANTING JUST TO
GET IT DONE, TALKING WITHOUT THE
EXECUTIVE ORDER, ULTIMATELY THIS
IS SOMETHING YOU THINK YOU COULD
PREVAIL ON IF HE PUSHED IT EVEN
THROUGH CONGRESS?
>> I THINK THAT THIS TIMING OF
THIS REALLY UNDERSCORES WHY
MIDTERM ELECTIONS ARE SO
IMPORTANT.
DEMOCRATS WIN CONTROL OF THE
HOUSE, THEY KNOW THAT THE ISSUE
WILL BE COMPLETELY STAGNATED AND
WILL NEVER GET TO ANY MEANINGFUL
DEBATE OR RESOLUTION FROM
CONGRESS.
FOR PRESIDENT TRUMP TO
CONSISTENTLY PUSH CONGRESS TO
ACT, PARTICULARLY WHEN WE'RE
LESS THAN A WEEK OUT WITH
MIDTERMS IS REALLY GOING TO PLAY
IN HIS FAVOR.
I THINK THAT CONSERVATIVES, ALSO
EVEN LIBERALS, EVEN CHUCK
SCHUMER AND OTHER DEMOCRATS FROM
A DECADE AGO WERE VERY
CONSISTENT WE NEED TO MAKE SURE
WE PROTECT OUR BORDERS.
WHAT I THINK PRESIDENT TRUMP IS
GOING TO DO, IF IN FACT HE
RELEASE AS EXECUTIVE ORDER
BEFORE THE MIDTERMS, MAKE SURE
IT IS LEGAL, CONSTITUTIONAL, BE
VERY SCALED, HE WILL PROBABLY
ENCOURAGE CONGRESS TO ACT.
I THINK THEY SHOULD, FROM THE
DOBSON FAMILY INSTITUTE
PERSPECTIVE, WE'RE HEARING FROM
SO MANY FAMILIES SAYING THEY'RE
VOTING RED BECAUSE THEY CARE
ABOUT PROTECTING AMERICAN
FAMILIES.