Fox News "Hannity" - Transcript Interview with Andy Biggs

Interview

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Joining me now with more on how Republicans are fighting back against the left's open borders agenda is House Freedom Caucus chairman, Congressman Andy Biggs of Arizona, and Fox News legal analyst Gregg Jarrett.

Congressman, I want to go to you first. You saw what the senator said. You saw what the Supreme Court said. What was your reaction to it?

REP. ANDY BIGGS (R-AZ): Well, I actually couldn't believe it, Jason. It was a mishmash. You've basically taken an illegal order protecting illegal conduct, and you essentially equated it to a rule that they want the administration to overturn.

And the reality is, I thought Clarence Thomas had it exactly right. He said, their job was to determine whether the administration had the ability to rescind. They did, and that should have been the ruling. That should have ended the case.

And so, they did immeasurable damage yesterday.

CHAFFETZ: Gregg, what was your reaction to the ruling and what Senator Cruz said?

GREGG JARRETT, FOX NEWS LEGAL ANALYST: Well, Senator Cruz is right. And frankly, the incompetence of Jeff Sessions continues to haunt the Trump administration. They put the inept bumbling former attorney general in charge back in 2017 of rescinding DACA.

It was so incredibly simple. All he had to do was follow the rules of the Administrative Procedure Act, the APA. It's the equivalent of checking boxes. It calls for a notice and comment period, and that's it. A third grader could do it, which puts it will beyond the expertise and skill set of Jeff Sessions.

Having said that, the Supreme Court I think was wrong. So, naturally, it was written by John Roberts. You don't have to follow an administrative law to rescind a lawless action.

And Obama when he created DACA knew it was lawless. More than a dozen times he said, I don't have the power to do this, and then he did it.

So, President Trump when he came to office said, I'm resending it. It's the duty of Congress to dictate immigration. That's what the Supreme Court said since the late 19th century. Congress has plenary power over immigration.

So, President Trump said, Congress, you have to fix this. Unfortunately, Congress couldn't fix a broken streetlamp with all due respect to my friend Andy Biggs.

CHAFFETZ: No, look, I got to agree with you. I sat in Congress there for eight and a half years. I sat on the Immigration Subcommittee and Judiciary. They can't get anything done.

You know, these DACA kids, I think they deserve some sort of resolution. I think there are a lot of good people that are here because of no fault of their own. But there's got to be a resolution to themselves.

And I worry, Congressman, I don't like grouping everybody together and saying everybody is bad, or everybody is good.

You know, I felt uncomfortable, quite frankly, when we talked in that last segment about "Black Lives Matter" because I think there's actually a lot of good people in there. I disagree with some of their platform movements, but I don't think you can uniformly just say, oh, they're all lunatics, I disagree with that.

But Congress has got to be able to tackle difficult things, Congressman. And yet, I don't even see them debating, let alone solving some of these deep issues like DACA.

BIGGS: No, you're exactly right. And, Jason, you were there. You've seen it.

In some ways, you're supposed to filter through and get a good product. But we don't tackle these projects because it has become so political. Everything is so political.

When you start looking at DACA, you're talking at roughly 700,000, 800,000 eligible applicants is the number that they're quoting. But don't forget, you've got a moral hazard because since the deadline for DACA was almost seven years ago now, you have an additional probably 1 million to 2 million people that have entered the country that would meet the same criteria.

And I've never met a DACA individual, DACA eligible individual who hasn't told me that they want to bring their parents in. So, you start moving quickly to 5 million, 6 million people, and that really needs to be debated and Congress needs to look at it carefully.

But if you watch the policing bill that came out of Judiciary the other day, you understand and you remember how inept Congress can be sometimes.

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