Donald Trump's immigration plan

This is a RUSH transcript from "The O'Reilly Factor," August 18, 2015. This copy may not be in its final form and may be updated.
Watch "The O'Reilly Factor" weeknights at 8 p.m. and 11 p.m. ET!

O'REILLY: "Back of the Book" segment tonight, new CNN poll, very good news for one Donald Trump. He leads the republican field with 24 percent. Jeb Bush, second, 13 percent. Then, Ben Carson, nine. Marco Rubio, eight. Scott Walker, eight. That is a jump of six points since July from Mr. Trump. Five points for Dr. Carson.

However, the Wall Street Journal editorialize today against Trump's immigration plan which would mass deport illegal aliens. The journal saying, quote, "The last time Republicans tried this, in the 1920s, they alienated immigrant groups like the Irish and the Italians for decades until Ronald Reagan won them back. If they want to lose in 2016, they will follow Mr. Trump's anti-immigrant siren."

Joining us now from his headquarters here in New York City is Mr. Trump. So, the journal says, you are killing the Republican Party over immigration. And you say?

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: We have to bring our country back, Bill. We are in big trouble. We are losing so much, we're losing so much to sell many and we have to bring our country back. We have at least 11 million illegals in the country not only the jobs they are taking but everything else. And you know about the crime wave because I think probably nobody has covered the crime wave better than you. There is a literal crime wave going on. You know, and if you look, we have spent last year $113 billion on illegal immigrants. We have to do something about it and we have to start by building a wall, a big beautiful powerful wall. It can have a gate. It can have a door. We'll let people in illegally but we have to stop what is happening to our country because we're losing our country.

O'REILLY: Okay. Now, I want to advance the dialogue here. The strongest part of your immigration plan in my opinion is the wall. I think it is a doable thing. Rudy Giuliani came in here and you can do it. And that would cut down a lot of the illegal immigration and not only that, the drug trafficking which is out of control. So, I support the wall. But then you say, well, we have to have mass deportations, that is not going to happen because the 14th Amendment says if you are born here you are an American and you can't kick Americans out. And then if you want to deport the people already here, each and every one are entitled to due process and it would take decades to do that and gazillions of dollars and the courts would block you at every turn. You must know all that.

TRUMP: Bill, I think you are wrong about the 14th amendment and frankly the whole thing with anchor babies and the concept of anchor babies I don't think you are right about that.

O'REILLY: I can quote it. You want me to quote you the amendment? If you are born here you are an American, period, period.

TRUMP: But there are many lawyers -- many lawyers are saying that's not the way it is in terms of this. What happens is they are in Mexico, they are going to have a baby, they move over here and a couple of days they have the baby. No, but Bill, they are saying it is not going to hold up in court. Now it's going to have to be tested but they say it's not going to hold up in court. Regardless, when people are illegally in the country they have to go. Now, the good ones and there are plenty of good ones, will work so it is expedited, we can expedite it where they come back in but they come back legally. Bill, we have a country. You need borders and you need laws. We have no law.

O'REILLY: I have been saying that for decades I've been saying that. But you are not going to be able to deport people who have American citizenship now and the federal courts will never allow mass deportations without due process for each and every one. And do you envision federal police kicking in the doors in barrios around the country dragging families out and putting them on a bus? Do you envision that?

TRUMP: Bill, I don't think they have American citizenship. And if you speak to some very, very good lawyers. And I know some would disagree. But many of them agree with me, you will going to find, they do not have American citizenship. We have to start a process where we take back our country. Our country is going to hell. We have to start a process Bill where we take back our country.

O'REILLY: Now, there is a way to do it and that is to try to get the constitution amended. Do you know how to do that?

TRUMP: It's a long process and I think it would take too long. I would much rather find out whether or not anchor babies are actually citizens.

O'REILLY: All right. You can test, why don't you test it out? Why don't you have your guys file a federal suit now?

TRUMP: We'll going to test it out.

O'REILLY: You can do it tomorrow.

TRUMP: We'll going to test it out. That's going to happen, Bill.

O'REILLY: Now, the "Wall Street Journal" basically says, look, in the fields of California, there are food rotting because we can't get Americans to go in at $17 an hour plus benefits by the way, and pick the fruit and pick the vegetables in California. So, you need the illegal labor in there. I don't think you need illegal labor. I think you need legal labor. And I would make it much more, much easier to get legal people in here to do that work if they want it.

TRUMP: I agree with that. I agree with that.

O'REILLY: Okay. You agree. Good. I'm good.

TRUMP: Absolutely.

O'REILLY: Now, the journal also says that Hispanic-Americans are going to turn away from the Republican Party in droves because of you even if you don't win, they're going to hate the Republican Party. What do you say to that?

TRUMP: So, in Nevada, they just did a poll, I am leading in every state virtually every state that they polled. And in Nevada, they just did a major poll where I am not only leading by big numbers but I also won the Hispanic vote. And I have been saying, I'm going to win the Hispanic vote. And the reason I'm going to is, I am going to bring jobs back. I'm going to bring jobs back from China, from Japan, from all of these places including Mexico by the way which is really taking advantage of the United States both on the border and from the standpoint of trade. So, I will be bringing jobs back, Bill. Nobody else can do it like me. In fact, in the same poll they had me blowing away the competition when it comes to the economy which is a very big factor.

O'REILLY: Okay. Now, you in order to be president are going to have to win over a sizable amount of the so-called independent voters, not registered Republicans. Okay. You know that, right? Because all the polls based on republican-leaning voters and now you will have to go out. All right? Are you going to modify it a little bit? Are you going to go out with the scorch and burn tactics you've used so far?

TRUMP: Well, if you look what happened last time with Romney, I mean, they say he didn't do well with the Hispanics. But the truth is, he didn't do well with the Republicans. They sat home and they didn't go out and vote. They had no incentive to vote. If you look at the polls that are coming out on me, they have a great incentive to vote. They like what I say. I think they like me in a certain way which is nice. It is always nice to be liked. But they have a great incentive to come out and vote for me because we are going to make America great again. Romney never said that and unfortunately tremendous, millions and millions of people sat home Bill, and didn't vote. They will come out and vote.

O'REILLY: Three million. Three million.

TRUMP: We are going to energize the base.

O'REILLY: All right.

TRUMP: That would have been a big difference.

O'REILLY: Fair interview tonight? Fair?

TRUMP: Say it again.

O'REILLY: Was this fair? This interview, fair?

TRUMP: You're always fair.

O'REILLY: All right. So, you are not going to whine about FOX News now? I'm not going to get, you know, O'Reilly this, you're not going to do that, right?

TRUMP: I promise. I think you are terrific. I watch you all the time and I think you're fair tonight.

O'REILLY: Don't think I'm terrific. Don't think I'm terrific. That's not good for me. All right? And I'm worried if you are president and I will get deported. All right? That's what I'm worried about.

TRUMP: Well, we will going to try like hell to keep you here, Bill.

O'REILLY: All right.

TRUMP: You have always been fair and I appreciate it. Thank you.

O'REILLY: All right. Donald Trump, everybody.

Content and Programming Copyright 2015 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2015 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.