Obama considering bypassing Congress to grant amnesty to illegal immigrants

This is a rush transcript from "Hannity," July 28, 2014. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: Let's bring in immigration attorney Francisco Hernandez to debate the president's handling of this border crisis. This 2008 provision, Francisco, is very simple to fix. It was designed to prevent sex trafficking of kids from Central America. I think its intent was right.  But we treat kids from Mexico differently than Central America. They can be sent back immediately. Is that something that you think the president should do right away? Or should he bypass Congress, forget about separation of powers and co-equal branches of government, and do what they apparently are out there floating to do?

FRANCISCO HERNANDEZ, IMMIGRATION ATTORNEY: It's a no-win answer, Mr. Hannity. But I'm the one who first brought up the kidnapping 2008 provision. It is a CFR. But quite frankly, Congress doesn't want to act on it because as soon as anything gets opened for debate in the Congress, then all bets are off and everything comes in and we're talking about --

HANNITY: There are two things we ought to be able to agree on. That provision is being misinterpreted. It was designed for one thing. And now it is allowing these kids -- we spend $100 million just on travel, then we have to feed them and house them and take care of them and offer them health care. So why not treat these kids the same as the kids from Mexico.  You agree that would be the right thing?

HERNANDEZ: Mr. Hannity, yes. I brought that up on your show.  Precisely, we need to plug that hole.

HANNITY: And the second thing we ought to do is we've got to close the border. It's like if your boat is leaking, you have to plug the hole, then you deal with the problem after. You've agree with me on this?

HERNANDEZ: Look, we agree on the same thing for different reasons.  If you remember the last show you had me as your guest, we have to address it at the source. Once we're at the border, look, even if we reinforce the border, that's just one more obstacle that's nowhere near as dangerous as the smugglers or as the violence they are going to find at home.

HANNITY: I agree.


HANNITY: Once they know they can't get into America, that problem is going to be solved because they're not going to invest time and money if they can't get the people in here. Not let me turn back to Katie --

HERNANDEZ: But if the word doesn't get back -- but the word doesn't get back, Mr. Hannity. We've got to address it at the source. So we meet with the president of Honduras --


HANNITY: I don't think we have the -- let me go to Katie for a second. Hang on.

HERNANDEZ: We can't even get Nicaragua, Honduras, Guatemala, and Mexico to stop the train.

HANNITY: We can just do what Mexico does. And what Mexico does, Katie, is they either put you in jail or send you home.


HANNITY: Here's the question though. If the president bypasses congress, forget separation of powers and co-equal branches government, I'm going to imagine there will be a massive uproar, because that is basically a blanket granting of amnesty without Congressional authority.

PAVLICH: Not only that, but you've seen polling show that people are not too happy with President Obama bypassing Congress on a whole host of other issues. This is one that people are now paying attention to. It's something that's going to come up in the 2014 elections. It's at the top of the list when it comes to problems facing the country.

HANNITY: You see the poll this weekend? And 75 percent of Americans want people coming illegally sent home.

PAVLICH: Right. And I think people are pretty frustrated with -- there is a bipartisan piece of legislation on the table from two senators from Texas, Democrat Henry Cuellar, Republican John Cornyn. They are doing exactly what you both have agreed on, and that is classifying Central American kids and then treating them the same way as they would treat Mexican kids, giving border patrol more ability to do that right away instead of going through this process of the immigration system.

HANNITY: Let me go back to Francisco.

HERNANDEZ: You're taking the bait. As soon as you open the bait, Mr. Hannity, all bets are off. We're looking at paralysis.

HANNITY: Wait, the president -- hang on a second. The president says that he wants consensus. He says it all the time.


HANNITY: Here's consensus -- the president would rescind that 2008 provision for kids from Central America if he would agree to control the borders so that we are in control of our destiny. Remember, I was down there. People are coming from Yemen and Syria and Pakistan and Afghanistan. Then that's something we can agree on and then they can move to the next step.

HERNANDEZ: But Mr. Hannity, that law needs to be overturned by congress, not President Obama.

PAVLICH: That's the point. That's the whole point is you say that you want debate, but there is a bipartisan piece of legislation that does exactly that to that 2008 provision. It allows them to treat people from Central America the same way they would treat people coming here from Mexico. That's exactly what's on the table.

HANNITY: Hold on.


PAVLICH: Harry Reid has to pick up the phone and work with it.  That's what --

HANNITY: I've got to run. Good to see you. And Francisco, we're just out of time.

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