Judge Nap Shoots Down Trump’s Claim He’ll Permanently Close Border: ‘He Cannot Legally Do It’
SMITH: "Fox News alert on the unrest at our southern border. And while the nation’s busiest port of entry is back open again it may not be for long. The president's threatening to close the border permanently after hundreds of migrants tried to enter our country illegally. The president tweeting this this morning: 'Migrants at the Southern Border will not be allowed into the United States until their claims are individually approved in court. We will only allow those into our country legally.' Joining us now Judge Andrew Napolitano, Fox News senior judicial analyst. Judge, great to see you. Hope you had a great weekend."
NAPOLITANO: "Good morning."
SMITH: "All right. So first off, the big question is because we keep hearing this from the president --"
SMITH: "-- the threat to shut down the southern border permanently, can he do that?"
NAPOLITANO: "He cannot legally do it. We know that because of federal statutes which -- I understand his frustration. They were last revised in 1986 when our relationship with migrants coming north was very different than it is now. But that’s the law as he finds it and that’s the law as he is required to enforce it. And that’s the law that the federal judge in San Francisco that the president attempted to disparage by calling him an Obama judge, told him he had to enforce as well. Now look, he -- he doesn’t have to tolerate lawlessness and certainly the officials at the border can use reasonable resistance to lawlessness. But the law says if you have a bona fide asylum claim, meaning you’re escaping a government that is pursuing you, or escaping a government that is failing to enforce basic law and order, you can enter the United States -- the president doesn’t want to hear this but this the law, anywhere you want. You are then to be brought in the U.S. back to the port through which you should have entered and processed there.”