STEVE DOOCY (CO-HOST): Meanwhile, let's talk about what's going on in this country. And yesterday a San Francisco judge, the 9th Circuit judge, a fellow by the name of Richard Seeborg blocked that innovation from Kirstjen Nielsen where if you are an asylum-seeker coming into the United States, wait in Mexico until we get around to you. And in fact last week she actually, before she was fired or resigned or whatever happened to her, she actually was trying to expand the program, hoping to return hundreds to Mexico each day from Texas and also Arizona. But now the judge says that law is probably unconstitutional because it violates the Immigration and Nationality Act.
AINSLEY EARHARDT (CO-HOST): Well, those three liberal organization that went to this judge and said look, you need to block this; American Civil Liberties Union, Southern Poverty Law Center, and the Center for Gender and Refugee Studies. They say it does violate -- the president is violating the law, not evaluating, they say, the dangers that these migrants are facing, and our president is making it too difficult for them to seek asylum.
BRIAN KILMEADE (CO-HOST): So they got about five days to adjust. The president obviously and the administration are going to move this up the ladder, get it to the Supreme Court, and reverse it. Because, in Canada, you can leave somebody in Canada as they wait to come into the United States. What's the difference between Mexico? I believe they're neighboring, they're bordering nations. They say it might be too dangerous. Really?
Here's what the president tweeted: “A 9th district circuit judge just ruled that Mexico is too dangerous for migrants. So unfair to the U.S. Out of control.” And this is what the president is up against. It's not an unwillingness to crack down on our border. It's not an unwillingness to make sure people go through our laws. It's an inability to deal with security and the laws that are on the books. Kids come across, they got to stay. Kids come across, they can't be detained for more than 20 days. Parents come across with kids, now they both get in. So what do you -- it's not a matter of being tough. It's a matter of being -- going with our laws that are working against our own security. Case in point.
EARHARDT: And the president says you can only apply for asylum if you are near certain death, or you're being persecuted for your political beliefs or for your faith in your home country. It doesn't apply if you live in a poor condition or if you're in economic despair or even if you're experiencing gang violence. He says this asylum program is a scam, and it's being abused by thousands of migrants, and many have phony stories, he says.
DOOCY: And because the way the law is written, if you step one foot on American soil you get to have an asylum hearing, and you get to be held in the United States. And so the judge also made it clear the ruling does not stop Congress from creating the same program under federal law. So once again the can is kicked back to Congress.
