Government tells agents to identify who not to deport

This is a rush transcript from "Your World," January 28, 2015. This copy may not be in its final form and may be updated.

NEIL CAVUTO, HOST: Immigration agents under orders to ask illegals why they think they should stay in this country, now, that's like asking me why I shouldn't be allowed to jump to the front of the buffet line. Does it sound crazy?

Well, according to the Associated Press, it's happening.

And Louisiana Republican Senator David Vitter wants to know why it's happening.

Senator, good to have you.

SEN. DAVID VITTER, R-LA.: Thank you, Neil.

CAVUTO: Why is that going on?

VITTER: Because we have this crazy policy of this president changing the law unilaterally, I think going well beyond his legal constitutional authority.

And this has got to stop. This is a serious issue. It's bad immigration policy, but, more importantly, it's shredding our Constitution.

CAVUTO: Now, you were at Loretta Lynch's hearing today for attorney general, correct?

VITTER: Correct.

CAVUTO: And she had brought up over the legality of the president's immigration actions -- I think I'm quoting correctly here -- "I don't see any reason to doubt the reasonableness of those views."


CAVUTO: What do you think about that? She seems to be supporting...


VITTER: Well, I delved into that and I thought her answers to my more specific questions were really inadequate.

I pulled up the primary statutory authority on which they're basing all this, which says you have got to look at, in terms of granting someone parole, in other words, a sort of status for three years at a time, staying in the country, the attorney general does that on a case-by-case basis.

I said, is it really a case-by-case basis when you make this pronouncement about five million people? She never answered that question directly. She had a bunch of gobbledygook, talked all the way around it, for a simple reason.

Think you're talking about a class of five million people. That's not case by case. I mean, that doesn't pass the smell test.

CAVUTO: Switching gears, what did you think of her answer on enemy combatants? You had asked, under no circumstance should enemy combatants receive the protection of our constitutional federal court.

But Loretta Lynch seemed to disagree with that notion as part of the theme to get -- to shut down Gitmo. What's your worry there?

VITTER: My worry is, this is a huge fundamental shift from all of previous American history when we're at war.

That's my worry about the policy of the Obama administration, and she's obviously carrying the water for that already, even though she's not confirmed yet.

CAVUTO: All right. So, it does seem that she supports essentially what the present attorney general supports...


CAVUTO: ... that she would support that on enemy combatants.


CAVUTO: She would support the continued deportation program, the executive order program on the part of the president.

VITTER: Yes. And, Neil, let me give you another example.

CAVUTO: So, would you support her? Would you support her? Would you reject her?

VITTER: I said weeks ago I'm going to oppose her nomination based primarily on President Obama's illegal executive amnesty and the fact that she's trying to justify it.

But let me give you another quick gem from the hearing.


VITTER: Senator Sessions asked her if illegal aliens in the country and American citizens have the same right to work in the country, or do American citizens have a greater right. She basically said everybody should have equal right and she wants everybody to work.

I mean, that's crazy. It's shocking. And it certainly has no basis in law.

CAVUTO: She said that everybody, including those who are not even legally here?

VITTER: Correct.

Her answer suggested illegal aliens, American citizens, same -- same standing in terms of a right to and ability to work in this country.

CAVUTO: The understanding is, your opposition notwithstanding, that she will get confirmed. What do you think?

VITTER: That's probably a good prediction. Obviously, I hope not, for all of these reasons.

And we haven't voted yet. So I think we have a long way to go. But, as it stands now, I certainly agree that's the conventional wisdom.

CAVUTO: Senator, thank you again for seeing us.

VITTER: Thank you, Neil.

CAVUTO: We appreciate it, David Vitter.

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