• With: Sen. Marco Rubio

    This is a rush transcript from "On the Record," June 19, 2012. This copy may not be in its final form and may be updated.

    GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight, Governor Mitt Romney says the media is wrong. Contrary to reports, the governor says Senator Marco Rubio is being vetted for the Republican ticket. So what does Senator Rubio have to say about a possible vice presidential run? We asked him.


    VAN SUSTEREN: Senator, nice to see you.

    SEN. MARCO RUBIO, R-FLA.: Good to see you.

    VAN SUSTEREN: Big day today. First the report this morning from ABC News that you were not on the vice -- not on the short list to be vice president for Governor Romney. Then by the end of the day, Governor Romney speaks out about this. He says, "Marco Rubio is being thoroughly vetted as part of our process."

    How's the day been?

    RUBIO: It's been an interesting day, yes. You know, look, I don't want to talk about the process. I haven't up to this point. It's Governor Romney's process and I want to be respectful of that.

    I think all of us should be -- all of us involved in politics should be respectful of this process because he has an important choice to make. He's going to make a great choice. I'm confident of that. And -- but I think out of respect for what he's going through and the process they're running through, I've just made a policy of not talking about it.

    VAN SUSTEREN: Would you concede it's been a little bit of a crazy day for you on this topic?

    RUBIO: Yes, well, you know, obviously, for the guys that work for me. I mean, we've been busy voting on the Senate floor and out there talking about our book. So obviously, you hear it from time to time. But look, it's just all part of the process. It's been, you know, quite an interesting ride around here the last few months, so...

    VAN SUSTEREN: Have you actually talked to the governor today?

    RUBIO: I have not.

    VAN SUSTEREN: OK. Now let me turn to the question of immigration. The president has signed an executive order about immigration for a certain segment of our society. You agree or disagree with what the president did?

    RUBIO: I don't agree with how he did it, that's for sure. And I want to say that I think there is a consensus, and I've talked about this with you and others, that we do want to help the young people who are undocumented through no fault of their own, have graduated high school, have very good grades, have a lot to contribute to the future.

    We have to help them in the right way. We also have an illegal immigration problem in this country, and it's a significant one. And so the balance we're trying to strike is, How do you help these kids who need the help but do it in a way that doesn't encourage illegal immigration? That's not an easy balance, but we have to get that right because otherwise, it could have some very significant unintended consequences.

    Unfortunately, the way the president's done this, there is no discussion. He's basically by fiat shoving this down the throat of the American people. And more importantly, he's ignoring the Constitution, ignoring the congressional process.

    I know I get frustrated with Congress, but that doesn't mean I'm about to ignore the republic because I have a really good idea that I think everybody else should see it the way I do. I think that's really the problem. From a practical point of view, what the president has done is going to make it harder for us to arrive at a reasonable bipartisan balanced approach to these kids' situation. And I think it is going to in the short-term I know a lot of these kids will be happy because they are desperate for a solution. But in the long term what they really need is a long-term solution. This is going to make it harder to find one.

    VAN SUSTEREN: Is the president signing the executive order, is it an unlawful exercise of power? Was it an unconstitutional move?

    RUBIO: I certainly think it ignores the constitution.

    VAN SUSTEREN: Are you saying sort of politely it was unconstitutional?

    RUBIO: Let me say the president believed it was unconstitutional not so long ago, and something changed in his mind. I think it was probably the proximity of the elections that he was willing to do something like this.

    VAN SUSTEREN: You are a lawyer. What do you think?

    RUBIO: I think it borders on unconstitutional. It's not that I don't want to tell you that it's unconstitutional, because I probably am going conclude that it is. But I think it is a strong statement, and before I say that I should study all of the applications of the law to make sure that is exactly the case.

    Let me put it this way. I think it ignores the constitution. I don't think it is constitutionally defensive. I think he had reached that conclusion. And I think I believe that after I'm he fully done analyze analyzing the situation I think all of us will arrive at the conclusion this is unconstitutional.

    VAN SUSTEREN: Do you think in the next two years regardless of who is president that we will finally have some definitive policy, immigration policy in this country, because right now some people are upset that the borders aren't being secure. Other people are upset because people are getting tossed out. There are people all over the board on this.

    RUBIO: I hope so, but this just made it harder because it poisoned the well and changed the dynamics this of. What is to stop the president now? Can he decide not to enforce the immigration law at all? And some argue that's exactly what he's done before we got to this point.

    This immigration issue is complicated. It is not an easy issue. On the one hand there is a real human element to it. The vast majority of people here undocumented are here because they are in search of a better life for their families. On the other hand we can't be the only country in the world that doesn't have immigration laws it enforces.

    And I think we also have to remind people we are the most generous country in the world on legal immigration. A million people a Europe immigrate to the United States legally. What other country in the world even comes close? And there are millions waiting to enter the country legally. They waited in line and paid the fees. What do we tell them -- come illegally, it is cheaper and faster? Those two things have to be balanced, and I think that is a hard thing to do and takes time to arrive that the point.

    But I think when he does these sorts of actions that ignore the constitution and ignore the Congress the president makes it harder for us to come together and work on the issue in a responsible way.

    VAN SUSTEREN: Senator, thank you, sir.

    RUBIO: Thank you.


    VAN SUSTEREN: Coming up, more of Senator Rubio. He has come under scrutiny about his family's journey from Cuba to America but says it was a blessing in disguise. What does he mean by that? Senator Rubio will be back and tell you.



    VAN SUSTEREN: Now, more with Florida senator Marco Rubio, and this time he is getting personal. He just wrote a new auto biography called "An American Son." We caught up with Senator Rubio on Capitol Hill.


    VAN SUSTEREN: Senator, it's always nice to see you. I love visiting your office.