On the January 9 edition of Fox News' Fox & Friends, co-host Brian Kilmeade stated that it was a “great tactic” for police to threaten to shoot a man who was driving a van holding 14 Guatemalan nationals. Kilmeade said, “To me, that works perfect,” adding, “I wouldn't be surprised if they teach it in the academies.”

Kilmeade was discussing a recent lawsuit filed by the American Civil Liberties Union affiliate in Rhode Island against the Rhode Island State Police, which argues that “the state police violated the state's Racial Profiling Prevention Act, as well as the driver and passengers' constitutional rights to be free from discrimination and from unreasonable searches and seizures” when a state trooper pulled over a van for a minor traffic violation but ultimately detained the van's driver, as well as a group of Guatemalan nationals riding in it.

According to a press release by the Rhode Island ACLU regarding the lawsuit, the state trooper threatened to shoot “any passenger” who “attempted to escape from the van,” not just the driver, as Kilmeade stated.

From the January 9 edition of Fox News' Fox & Friends:

STEVE DOOCY (co-host): Let's tell you a little bit about a story that has garnered the attention of the ACLU of Rhode Island. They have come to the defense of a van full of illegals, who were stopped in a traffic violation in the month of July. Here's what happened: One of these guys was driving a van full of people; didn't make a lane change signal; cop pulled him over, said, “Let me see your driver's license and registration.” He gave him some -- somebody's registration, somebody's license, and then he said to the people in the van, “OK, I need to see some ID from you folks.” Nobody had any identification that would signify that they were legal American citizens, and so he said, “We're taking a ride.”

GRETCHEN CARLSON (co-host): Hmm-mm. Well, now the ACLU has a problem with all of that. They filed a federal lawsuit against the Rhode Island State Police saying that, “Hey, this was racial profiling, number one; and number two, it's a violation of constitutional rights.” My question is: Do illegal aliens have constitutional rights?

DOOCY: Sure.

CARLSON: They do?

DOOCY: In Mexico.

KILMEADE: In Guatemala.

CARLSON: In Guatemala. So, you know, apparently, here we go again where the 14 illegal aliens allegedly have more rights than some of us who are actually here legally.

KILMEADE: And the tactic is they're using the driver -- whether he had a phony license or not, at least he had ID. The other 14 didn't. Then he said to the driver, “Tell them to ask them to give ID.” They wouldn't give ID. Then he said, “Look, I'm running you over there.” He had to leave them for a second. He said, “Listen, all 14 better be here or,” he told the driver, “or I'll shoot you.” Evidently, the ACLU has a problem with that. To me, that works perfect. I think it's a great tactic. I wouldn't be surprised if they teach it in the academies.

DOOCY: Nobody got out of the car --

KILMEADE: Right.

DOOCY: -- out of the van, so that's the --

KILMEADE: That's the key.

DOOCY: That is the key. Also --

KILMEADE: The honor system doesn't work.

DOOCY: Even though the ACLU is suing on behalf of these guys, constitutionality, civil rights, racial profiling, all that other stuff, it turns out there was an internal investigation at the state highway patrol. They looked into it, and they cleared the trooper -- said that he acted professionally and appropriately and denied racial profiling had ever taken effect on behalf of the trooper. So, he was exonerated, and it sounds like, according to the state police, it's OK. So, they'll probably keep doing it just that way.

CARSLON: All right.

KILMEADE: Hey, [Fox News White House correspondent] Greg [Kelly], what do you think of the tactic -- this is Greg Kelly, by the way. You don't mind if I talk to him? Greg, what do you think of the tactic of telling the driver, “If anyone gets out of the rest -- the minivan, I'll shoot you”?

[laughter]

KELLY: At first, it sounds somewhat harsh, don't you think?

KILMEADE: Harsh?

CARLSON: Yeah.

KILMEADE: Just a little.

KELLY: But, let -- like -- by the way, it's freezing cold here all of the sudden.

DOOCY: OK, stop -- stop complaining.

KELLY: Sorry.

DOOCY: You're the guy who wanted to be a White House correspondent.