• With: Sen. Marco Rubio

    VAN SUSTEREN: If we want guest workers, so be it. Let's have guest workers. If we don't, we don't!

    RUBIO: Well, I'll tell you again why. For example, an agricultural guest worker is very different than someone that's in construction, for example. Construction work is work that Americans will do. And so you probably don't need as many guest workers for construction. And some people would dispute that, but for example, you probably have domestic labor available for construction than you do, for example, picking tomatoes in a field down in south Florida. So those are examples of crops that have different types of workforce that they use.

    Here's another thing. If you want to bring in a guest worker from abroad, you have to pay to bring that person here, you want to make sure that you - - if you pay to bring them here, a week later, they aren't off working for someone else's farm because you paid to bring them here. So that's one kind of guest worker. Other people do want to bring a worker that can work for anybody, they're a free agent. But then you don't have to pay to bring them here.

    VAN SUSTEREN: All right, let me ask you one last question. What about gay couples? That was not in the "Gang of Eight" nor in the bill that came out of the --

    RUBIO: No.

    VAN SUSTEREN: -- Senate Judiciary Committee.

    RUBIO: No, it is not.

    VAN SUSTEREN: A lot of gay Americans are wondering what to do -- you know, what's going to happen with gay couples. What is the status of that?

    RUBIO: Well, first --

    VAN SUSTEREN: And I realize everyone's sort of standing by to see what the Supreme Court does this week on DOMA. But what's the plan now?

    RUBIO: Well, first of all, I mean, any individual can apply for legal status in the future -- I mean, legally come here. I'm talking about as a guest worker, a green card applicant through the legal process. Any individual can do that.

    The bill does not deal with same-sex couples. I respect everyone's views on this issue, but I'm telling you that if that's in the bill, it will kill this bill. This bill has significant challenges as it is. There's still a lot of opposition. There's still a lot of, quite frankly, suspicion about what it's going to do and how it's going to work.

    Sadly, a lot of misinformation about provisions of the bill. If that's added into that bill, that provision that you just outlined about same-sex couples, it will doom the bill to fail.

    VAN SUSTEREN: Is there no way to sort of -- for people to exert leadership, and, like, you know, we're giving -- we're giving up on sort of the issues that everyone thinks are difficult but which happen to mean a lot to many Americans. You know, is there any way to sort of, like -- if we're going to do comprehensive, let's do it and let's face these tough issues?

    RUBIO: I'm sorry -- well, look, here's what I -- here's the way I view it. For years, even before I came here, when I would talk to people about immigration, they would say to me, Let's finish the fence. Let's build a border fence where it's needed.

    This bill regulates that. It mandates that. And it funds it so a future Congress can't come and cut the money. People used to say to me, we need an E-Verify system that works. This bill does that. That says we need border patrol agents. This bill does that. It said we need more technology on the border and we should require specific technology, don't leave it to the Department of Homeland Security to decide. Put it in the bill. This bill does that.

    This bill has a bunch of things that conservatives and many Americans have been asking for specifically for years. It now requires it. And the reason why we know it's going to happen, or we think it's going to force them to do it, is because you can't get the green card. No one who has violated -- they cannot -- if you violated our immigration laws, you can't even apply for a green card, much less get one, until all five of those things happen.

    VAN SUSTEREN: Senator, we'll be watching to see what happens as this bill -- it looks like it's going to come out of the Senate and looks like it's going to pass. And we'll be seeing -- we'll what happens, gets to the House. Thank you, sir.

    RUBIO: Thanks, Greta.

    (END VIDEOTAPE)