BRIAN KILMEADE: Judge, can the president do this?
ANDREW NAPOLITANO: Yes, and I share the views of Congressman McCaul, that this is going to be a real political problem for the president when he brings these folks here. But under federal law, the president has the authority for humanitarian reasons to bring refugees in. There's an office in the State Department for this, they already have a budget, it's already funded. The president can do it on his own. And he can do it without individually scrutinizing each of these individuals. Are any of them ISIS members? Do they hate the United States? Are they coming here for evil and nefarious reasons? The president is presumed to have thought about this and resolved it before he just says, hey, 100,000 people, the first 10,000 get to come here at taxpayer expense.
KILMEADE: You know, considering that these are the same people with the mind-set, are the terrorists that would blow themselves up for the cause, why wouldn't they take on the guise of a refugee with nowhere else to go, and be a, a sleeper cell amongst us?
NAPOLITANO: Even the Pope, who has a very big heart when it comes to refugees, that I don't go along with his economic analysis, has said ISIS is likely to be hidden among the refugees, and the government should think twice before taking them in en masse. Now once they're here, Brian, I know you don't want to hear this, but this is the law, once they're here because the constitution protects persons, it's not limited to citizens, they have the full panoply of due process rights. That means they can go to court and that means they get the social safety net that whatever state they're in provides them.
KILMEADE: You mean a country with $18 trillion in debt is going to continue to write checks.
NAPOLITANO: Yes!