Department of Justice vs. Alabama

New immigration law under fire


This is a rush transcript from "The Five," August 2, 2011. This copy may not be in its final form and may be updated.

BOB BECKEL, CO-HOST: That's great. Oh, that's right, I'm up. Look, welcome back to "The Five."

I want to talk about a story that really has gotten -- that drives me up a wall. We have another state, Alabama, after following on Arizona, that has decided to take -- write its own immigration law and not let the United States of America which does do immigration laws implement their own laws.

Now, in Alabama -- in Arizona, they decided to allow the police to stop and check people, to see if they were illegal. Now, Alabama, which, of course, is a state that has a long history of dealing with minorities and I'm -- I want to call this the Bull Connor's law they've got in Alabama.

Now, the Department of Justice is challenging Alabama as they have Arizona to say, wait, this is not a state issue. It is a national issue.

And one of the things I notice with Alabama and Arizona, they didn't put in there that people who hire these people ought to be sent to the slammer.

ERIC BOLLING, CO-HOST: No, they shouldn't. I mean, that should part of it or E-verify, which would solve the problem completely. But no one seems to want to do that.

Look, what happened in Arizona, what's going in Alabama right now are two states who said, look, we're supposed to rely on you to secure our borders. You're not doing it, so we're going to do it on our own.

I don't think the laws are that crazy. You're not allowed to hire an illegal or transport an illegal. What's wrong with that?

BECKEL: Well, first, the more deportations in this year than it ever has been in the history of immigration.

BOLLING: More illegals coming.

MONICA CROWLEY, CO-HOST: Let's talk about what these state laws actually say. Arizona and Alabama both enlisted the top-flight attorneys to take a close look at the federal law. And they drafted their state laws to run concurrently with the federal law. So, it's not like you got 50 states out there running around making their own immigration law.

They're saying we've now instituted state law. It's running parallel to the federal law. It doesn't encroach on the federal powers at all. But since the feds aren't doing their job, now, we're going to go and we have to do it ourselves.

And, you know, why isn't Holder then enforcing current federal law instead of suing states --


ANDREA TANTAROS, CO-HOST: The Democrats are opposed to states actually trying to keep its citizens safe. Well, then, why not just repeal, Bob, the current law that's on the books making it illegal to come to this country? Just repeal and we don't have this problem.

BECKEL: The current law on the books is Ronald Reagan's law, which was an amnesty passed in 1986. I applauded Reagan for that then, I applaud him now. He had more sense than Republicans do now who want to use it as political issue. The fact of the matter is --


TANTAROS: It is. That's why they're doing it.

BECKEL: I'm sorry. Go right ahead.

BOLLING: I don't mean to cut you off.

BECKEL: Yes, you do. It's OK. I accept it. I accept my job here.

BOLLING: You know what, 14.2 million people out of work in the country. Friday, we're going to probably find out there's 15 million people out of work here. This is a jobs issue. These states can actually bring jobs back to Americans by sending illegals out or at least making it seems more difficult to hire an illegal.

TANTAROS: How do unions feel about this?

BECKEL: Eric -- they don't -- well, they are a mixed bag depending which union. But do you know the jobs that these people take are jobs that even when we had good employment, that the Americans didn't want them.

CROWLEY: That is not true, Bob.

BOLLING: OK. Do you want to do landscaping?

CROWLEY: That's insulting to the American people. Yes, and I actually have done that in the past.

BECKEL: God help the lawn.

CROWLEY: And, by the way, this isn't just an economic or jobs issue. It's not a political issue -- although the Democrats have certainly had a ball politicizing this. The president was talking to La Raza last week.

This is a rule of law issue. Are we a country of laws or not?

BECKEL: You're exactly right. We got to change topic here. If we get the law, maybe arrest some of these guys who hire these people.

Go ahead. You want to say --

TANTAROS: I just want to say -- do you think it's the best visual now with the way that the economy is going to have the Justice Department spending its time again suing a state?

BECKEL: I think anything you get to the Bull Connor's law would be a good thing to do.

But let's move on to something else. The TSA now is --


BECKEL: -- you know, the Israelis have for a long time done screening when you go into the country. I've been through that. You've been through it, Monica, right?

It's a long list of questions and they stare at you. They keep staring at you. To look -- try to see whether you've done any drugs when you came in.

CROWLEY: No wonder they're staring at you.


BECKEL: It's sort of a way that they go through a series of psychological Freud questions in a way to sort of see if there is something about you that doesn't fit. Now, the Israelis have done -- had three decades of doing this. But now, we're going to do it in Boston.


BECKEL: Now, how would you feel about the TSA that we all love so much here in Boston doing a Dr. Freud test on you?

TANTAROS: I'd rather have them ask me questions than touch my junk, if that's what you are asking.

BECKEL: Now, they're going to do both. They're going to touch your junk and get in to your brain junk.

TANTAROS: I'm fine with asking the questions. I think we should be behavior profiling in this country. And we drop the ball on this for a long time. I applaud it.

CROWLEY: If you are not an Islamic terrorist, then you got nothing to worry about.

TANTAROS: Exactly. Just stop touching my junk.

BECKEL: Stop touching my junk -- you don't have to worry about that.

It's the see-thru screener.

TANTAROS: Looking at my funk.

GREG GUTFELD, CO-HOST: I'm really going to miss the intimacy.


Those are times I felt wanted. I love this. It's called spots, the screening passengers by observing techniques. Don't you love it when they actually find an acronym that work with the thing. They must have spent days coming up with that. I think it's fine. I do anticipate a longer line because there will be lot of conversation. But I think it's important to look at behavior and not blindly feeling up granny.

BECKEL: Greg, how many terrorists will be picked up by this?

GUTFELD: A lot more than you think.

BECKEL: There's going to be a lot of people don't deserve to be picked up and asked the questions --

GUTFELD: There's nothing wrong with being asked questions, Bob --

BECKEL: Yes, there is.

BOLLING: Are we getting this right that you are against this?

BECKEL: Absolutely.

BOLLING: On what grounds?

BECKEL: Profiling and intruding on -- I don't want the amateur psychiatrists asking me questions.

GUTFELD: Hopefully they will be trained, Bob. You have might enjoy it. You might enjoy the therapy.

BECKEL: I've had more therapy than I can possibly handle.

GUTFELD: I can see you taking TSA back to the room and explaining every issue you have.

TANTAROS: If the Israelis were staring at you, they said they were asking you questions and worried you were on drugs, they might have been right.

BECKEL: Then I wasn't. I wasn't then. That's what bothered me.

That's what they thought.

CROWLEY: But remember over the last several decades the Israeli has not had a single center terrorist event happen in the sky. They do it right way. They have cameras posted the Tel Aviv airport. You land and they watch you from the curb to see if you display any nervous or any kind of behavior to set them off.

BECKEL: Also, the women immigration people --

GUTFELD: Think about all the women you get to meet.

CROWLEY: Action.

BECKEL: You should see some of them.

GUTFELD: They're beautiful.

BECKEL: They're beautiful, yes.

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