Unresolved Problems: Immigration Chaos

This is a partial transcript from "The O'Reilly Factor," Jan. 19, 2005, that has been edited for clarity.

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BILL O'REILLY, HOST: In the "Unresolved Problems" segment, as we told you at the top of the broadcast, there are 11 million illegal aliens running around the USA right now. One of them, David Morales, is charged with murdering 18-year-old Jenny Garcia in Austin, Texas. Morales allegedly broke into the Garcia home, sexually assaulted the young girl, before stabbing her to death.

A year before, Morales was arrested for allegedly molesting a 12-year- old girl, but, since Austin, Texas, is a "sanctuary city" that doesn't report the crimes of illegal immigrants to the feds, Morales was allowed to continue living in the USA.

Joining us now from Washington is Mark Krikorian, executive director of the Center for Immigration Studies (search ), and, from Austin, Umberto Garcia, the father of Jenny.

Mr. Garcia, first of all, everybody is saddened that you and your family have to go through this, and, you know, all I can say is our condolences are with you, and, if we can help you out in any way, we will.

And the first thing we want to help you with is your problem with Austin, Texas. Why don't you tell us about that?

UMBERTO GARCIA, MURDER VICTIM'S FATHER: Well, Mr. O'Reilly, the reason I'm here is because I am sure that Jenny would want me to. I cannot do anything about bringing Jenny back to this world, but I can sure try and keep other Jennys from that terrible fate and other fathers from what I have gone and still am going through.

Our beloved Jenny was murdered last year on January the 26th in my own home with a butcher knife. Her sisters came home from school, younger sisters, and found her naked, hands tied behind her back, a piece of cloth in her mouth and muzzled with duct tape, the knife still stuck in her fragile chest.

In spite of his best efforts to cover his tracks, he couldn't. The jewelry was found at his house, and his hand print is on the headboard.

Moreover, he has been willing to plead and get the 40 years instead of the death penalty the D.A.'s office is asking for.

Jenny was charitable, gentle, generous, polite. She wore her soul on her sleeve. She was physically gorgeous.

I hope you have a photo of her to show.

O'REILLY: Yes, we have shown it. We have shown it.

GARCIA: She had long, silky hair, auburn eyes -- I'm sorry -- auburn hair, almond eyes and an infectious laughter and a radiant smile. We had only been here about a year, and, in spite of that, 500 people -- 500 people -- attended her funeral.

We have gone from being a happy family of five to four zombies walking inside four walls. He killed us all.

This did not need to happen, sir. It could have been easily avoided, and this is why I want to sue the city because, until enough people sue the cities for this type of sanctuary policies, this will continue, and there will be more and more Jennys and more and more tears from families like ours.

O'REILLY: Now have you ever asked the city fathers or the mayor or anybody why they will not enforce the law and cooperate with the federal authorities, particularly an offender like Morales who had a prior arrest on, you know, a terrible allegation against him? Have they ever given you an answer to any of those questions?

GARCIA: No, sir. We don't even have -- been able to read the police report of the alleged molestation of this approximately 12-year-old child.

O'REILLY: Well, that's because you might sue them, and they don't want to give you that because that would give you more data.

Now I want to tell everybody that Mr. Morales needs an attorney, all right, to work with him to sue the City of Austin.

GARCIA: Mr. Garcia, Mr. O'Reilly.

O'REILLY: I'm sorry. Mr. Garcia. I'm sorry. I'm fogging out today. So Mr. Garcia needs an attorney, and we have a lot of Texas attorneys watching us. So, if you would help Mr. Garcia, just contact us. We'll put you in touch with him.

But I think you're doing the right thing for your daughter, sir. You're absolutely right. Unless all Americans rise up and put an end to this nonsense, with 11 million illegals running around unsupervised -- obviously, 90 percent of them are good people, but 10 percent are not, and one of them got your daughter and shouldn't have because he, in his first offense, should have been imprisoned and sent back to wherever he came from.

Now, Mr. Krikorian, when you hear Mr. Garcia, you know, tell about the destruction of his family, this isn't just one story. There are thousands of stories like this. Why do the politicians not respond to this?

MARK KRIKORIAN, CENTER FOR IMMIGRATION STUDIES: Well, it's a good question, and basically because the squeaky wheel gets the grease. I mean, in -- it's not just Austin, Texas, that has this kind of rule that protects illegal immigrants from being sent over to the feds. It's Los Angeles. It's New York.

And, you know, it's -- this kind of thing is exactly what we feared would happen when these kind of sanctuary rules were passed. I mean, in L.A., you hear about cops who see a gang leader standing on a street corner, and they know that person was deported a week ago, and they can't go and get him and hand him over to the feds, even though being here after being deported is a felony.

They can't go get him because they have to wait until he rapes or kills somebody before they can do anything about it. It's outrageous and...

O'REILLY: Yes, I mean, it's -- it is outrageous.

KRIKORIAN: ... and either families need to start suing or we need to start having some political activity to squeeze the authority to change.

O'REILLY: But I -- you know, how many -- how many of these do I have to report? You know, we've been doing this for five years here, and we just don't get -- it's not just President Bush, but it -- Kerry wouldn't have done anything. The governors of the states won't do anything. I mean, they're all afraid and -- from what I said in the "Talking Points Memo" -- that they'll be demonized.

Now, Mr. Garcia, I want you to tell what you would like to see, what kind of an immigration policy do you want in this country?

GARCIA: Sir, things like this do not need to happen. They can easily be avoided. What happens is that the law-enforcement agencies have their hands tied by the city council, and the city council acts like this due to basically two things: the pressure from the business lobbies in certain industries that want people working as short order cooks for $8 and construction workers for $9. And also because of a tremendous fear of being labeled a racist.

O'REILLY: Right. Now one more question, sir.


O'REILLY: You're Hispanic-American. Do you think that your compatriots, other Hispanic-Americans, are against enforcing the immigration policies in this country?

GARCIA: Well, sir, in that case, we're getting a bit more into immigration, and, you know, I came to this country on January 1, 1959, the night of the Cuban Revolution, and got immigrant status that same night. I was 13 years old, and I have been an honest citizen, I have paid my taxes, and it would be very easy to solve the illegal immigration problem in this country. We could have started 40, 50 years ago when we knew we were going to need these 20 million people working, especially in the Southwest of the United States.

O'REILLY: Well, it's not an easy problem, but it's definitely solvable.

All right. Mr. Garcia, we really appreciate it. Again, our condolences to your family.

If you're a lawyer in Texas who can help Mr. Garcia, please get in touch with us here.

And, as always, Mr. Krikorian, thanks very much.

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