Transcripts For FOXNEWSW The Daily Briefing With Dana Perino

Transcripts For FOXNEWSW The Daily Briefing With Dana Perino 20181030

I really look forward to going. I would have done it sooner but i didnt want to disrupt any more than they already had disruption. Dana garrett tenny is live in pittsburgh. Garrett . Reporter dana, not everyone is happy about the president s trip here today. The pittsburghs mayor, along with several other local leaders, say they will not meet with the president because they want the focus to be on the victims whose funerals start today. In addition, 11 local jewish leaders with a Progressive Group also say the president isnt welcome here until he fully denounces white nationalism. But others including one of the rabbi at the tree of life sanctuary said the president is always welcome. I think hes probably been the most pro israel president weve had. However, i do think that he has not done enough to distance himself from some factions that may be on the wrong side of love. His own daughter is jewish, so to me, its hard to say that somebody would purposely try to make Something Like this happen. Reporter today the community is focused on remembering those lost their lives in this horrific attack. Four funerals are taking place today. Thousands of people lined up to attend that service. Services for the other victims are scheduled to take place over the next several days as the community continues to grieve their loss and process this tragedy. Dana . Dana thank you, garrett. President trump saying that he plans to end birth right citizenship for children born here to people who are not american citizens. Birth right citizenship is guaranteed under the 14th amendment but the president believes he can change it with an executive order. John roberts joins us from the white house. Reporter this could be the beginning of a very big fight if the president decides he wants to carry through with it. There have been a lot of meetings over this caravan and how to address it. One of the ideas thats being kicked around is this idea of ending birth right citizenship so that anybody who came into the country illegally and had a baby here would not be able to claim american citizenship for that baby. This was a big issue in the 2016 campaign. The president talking about so called, quote, an tore babies and jeb bush all joining in with the anchor baby front, getting flack for that. Birth right citizenship tried in the 14th amendment to the constitution. The president looking into whether it can be rescinded by executive order. Listen here. It was always told to me that you needed a constitutional amendment. You can definitely do it with an act of congress. But now theyre saying i can do it just with an executive order. How, how ridiculous, we are the only country in the world where a person comes in, has a baby and the baby is essentially a citizen of the United States for 85 years. Its ridiculous. It has to end. Its in the process. It will happen. Reporter now, the United States is not the only country that can give citizenship automatically to somebody whos born in this country. Canada does the same thing as well. Countries like the u. K. And australia used to have that enshrined in their laws but have since changed their laws. The president s idea getting praise. Lindsey graham saying, finally, a president willing to take on this absurd policy of birth right citizenship. This policy is a magnet for illegal immigration. Out of the mainstream of the developed world and needs to come to an end. Nancy pelosi giving it two thumbs down, insisting the president is merely trying to change the subject from healthcare. Pelosi saying the president does not have the power to erase parts of the constitution but he and the gop tried to erase protections for people with preexisting conditions. Clearly republicans will do absolutely anything to divert attention away from their votes to take away americas healthcare. Lindsey graham said he is all going to introduce ledgization to revoke the birthday section of the 14th amendment. Paul ryan said that the president cannot end birth right citizenship with an executive order. Another idea being kicked around at the white house is the idea of an executive order that would change the way people can claim asylum in the United States. Currently, anybody who crosses the border, whether its at the port of entry or crossing the border illegally, can claim asylum. The white house is mulling over an executive order if they claim it at a port of entry and if they were to cross the border illegally and then claim asylum, that would be disallowed and they would be held in detention and removed back to their country of origin. Dana it is going to be a big debate, no doubt. John roberts, thank you. For more on this im joined by the former Deputy Assistant attorney general in the bush administration. Hes now a law professor at uc berkeley. The first person i thought of when this issue came up. I thought you were the guy we should talk to. I wonder if you could tell us, what does the constitution say . There are two other basic questions. Can the president change it by executive order . And if not, should he try to change this amendment . Dana, thanks for thinking of me. I think the president , if he wants to get rid of birth right citizenship he has to go for a constitutional amendment which requires two thirds of the house and senate and three quarters of the states to approve. The 14th amendment is pretty clear. Says all persons born or naturalized in the United States subject to the jurisdiction there of are United States citizens. So neither the president nor the congress can change that rule. Even if there were flexibility there, even if, it would still be up to congress because the constitution gives congress the power over naturalization, deciding who becomes a citizen or not, not the president. Now, the Supreme Court has interpreted this language in the 14th amendment, which i might add is probably one of the republican partys greatest achievements. This is the amendment passed after the civil war to override the idea of slavery. That was the idea of slavery is that blacks could not be citizens even though they were born in the United States. So the 14th amendment has been read by the Supreme Court twice. One in the 19th century and once in the 20th century to say exactly what it says. If you are not even a citizen, if you are an immigrant, an alien, legal or illegal, and have a child in the United States, that child becomes a citizen. Dana seems Lindsey Graham and some others would disagree. They think congress could pass something that could change this. And the president saying he has been told, by who we dont know, that an executive order would work. Is there debate amongst legal scholars about whether congress could actually make a change here . Yes. My conservative friends on this issue, they say the language, if you remember, subject to the jurisdiction there of in the 14th amendment. They would say you have to be a citizen of the United States already for your children to be citizens, too. I think thats wrong. I think that language referring to diplomats and, at that time, indians. Indians were not considered to be citizens of the United States subject to the laws. Dana because they were sovereign nations within the territory of the United States. On their reservations, their own territory. Dana i think this is one of the reasons people are concerned. Maybe the president is getting some numbers, looking at this situation. Its not just happening at the border. Its happening at other places. In 2014, about 275,000 babies were born to unauthorized immigrant parents. Thats about 7 of the 4 million births that year, in 2014. So you can see the concern for people saying this cant go on. As john roberts reported, canada im sorry, the u. K. And australia have changed their laws. They used to have the same as we do. They said that cant last. We cant continue to do that. So they made a change there. Ill give you the final word on that. Two points. One, if you want to talk about how to distribute immigration resources, the idea is you have 275,000 births. But allegedly, according to the administration of 11 million to 12 Million Immigrants coming into the country. If you want to talk about where resources should be put, it would be border control, not chasing people down inside the country to find out who their parents are. This is a rule thats different from everyone elses in the world. I think thats great. America is an exceptional country. One of the things that makes us exceptional is we welcome immigrants. We dont test people to say, are you of german blood or italian blood or japanese blood. Dana ill ask you one last question. Another question that the president didnt answer in that interview, is this question of, if he does think he can do it, would he try to do it retro actively . And how far back would he do that . You get into some pretty sticky wickets here. Thats a good point. If you went down this road, the administration of a rule that took away citizenship of people will be tough. How are you going to police it . What kind of questions are you going to ask people . Are you going to have federal officers patrolling the country trying to fine people who were born here who arent citizens . I think its an unadministratable rule. Conservatives should not want the federal government to exercise that kind of power over the daily lives of our ate zens. Dana john yoo, it is a complicated issue and we are glad youre here. Were just one week before the midterms and both parties are searching for momentum. So is the finish line in sight . Who has the edge . Plus, the pentagon putting boots on the ground at our southern border as a Migrant Caravan moves closer to the u. S. What role will those troops play . Theyre gonna have tents. Theyre gonna be very nice. Theyre gonna wait. If they dont get asylum, they get out. Oh oh ozempic® vo people with type 2 diabetes are excited about the potential of onceweekly ozempic®. In a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. Oh under seven . vo and you may lose weight. In the same oneyear study, adults lost on average up to 12 pounds. Oh up to 12 pounds . vo a twoyear study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. Oh no increased risk . 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A senior official tells me that in addition to the 5200 troops headed to the border, additional active troops are ready to deploy status. They are on stand by if needed. The first troops arrived started yesterday. Our concept of operations is to fly in our military assets with the priority to build up southern texas, then arizona, then california. Well reinforce our priority points of entry so as to enhance the ability to secure the border. Reporter they will be engineered, for the most part, the u. S. Air force plans to air lift 400 Additional Border patrol personnel as well. There will be three staging areas the troops are coming from ft. Bragg, joint base lewis mccord, ft. Stewart, ft. Campbell and ft. Riley. They will set up shelter for up to 5200 border personnel. Riot gear will be provided for 500 agents. Rules of engagement have not been established but the order mattis signed friday outlines the dhs wants the personnel to be in direct contact with migrants and protesters. That, however, would be illegal under the 1878 act. Its not something the pentagon has agreed to. These current orders end on december 15th. Dana between now and december 15th, how much will this cost and where is the money coming from . Im told the president , not dhs, will pay for this. The comptroller at the pentagon is working on those numbers. Its illegal to simply reprogram the Defense Budget without going to congress. In the past, dhs has reimbursed the pentagon when troops were sent to the border. Bottom line is it will be very expensive. Earlier this year it cost 185 million. When president bush sent 6,000 National Guard to the border it cost 1. 2 billion. Dana. Dana lot of money. The resources are there though for the president to use. Thank you very much, jennifer. Pennsylvanias governor urging unity in the wake of the synagogue shooting. These are reminders of the fragile state of life. Dana ill ask one rabbi about the Community Response to the president s visit this afternoon. The president heads to indiana to support mike braun. Tune in to the Daily Briefing tomorrow. Ill be in the Hoosier State to break down this race and more. Alright, i brought in ensure max protein. To give you the protein you need with less of the sugar you dont. [grunting noise] ill take that. 30 grams of protein and 1 gram of sugar. Ensure max protein. In two great flavors. Ensure max protein. We really pride ourselvesglass, on making it easy to get your windshield fixed. With safelite, you can see exactly when well be there. Saving you time for what you love most. Kids whoa kids vo safelite repair, safelite replace should happen everydred five hundred years, right . Fact is, there have been twentysix in the last decade. Allstate is adapting. With drones to assess home damage sooner. And if a flying object damages your car, you can snap a photo and get your claim processed in hours, not days. Plus, allstate can pay your claim in minutes. Now that you know the truth. Are you in good hands . Unstopand its strengthenedting place, the by xfi pods,gateway. Which plug in to extend the wifi even farther, past anything that stands in its way. Well almost anything. Leave no room behind with xfi pods. Simple. Easy. Awesome. Click or visit a retail store today. Dana President Trump is about to leave for pittsburgh in just a few minutes as funerals began for the victims of saturdays synagogue massacre. Not all of him with welcoming him. One jewish group saying your words and policies have emboldened a growing White Nationalist movement and you called the murderer evil but the violence is a direct culmination of your policies. I should say its not all thats just one group. Others have said they welcomed the president. Im joined by an rabbi from a temple. I was just talking to you during the break. I wish you could share how close your temple is the to the tree of life and how you said theres not anybody that doesnt know somebody affected. Yes, thank you, dana. Were about 15 minutes or so from the congregation. My wife went to college in this neighborho neighborhood. My son goes to preschool not five minutes from this congregation. I know rabbi meyers personally. We are a close knit Jewish Community in pittsburgh. I dont know anyone who hasnt been affected in some way, shape or form by the most horrific attack in the history of america. Dana tell me about that day for you on saturday when you heard the news. So, i was with my family and my wife burst into tears because she knows the area, kno

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