Interview with Representative Daryl Metcalf

Fox News Network
SHOW: LIVE EVENT 6:10 PM EST
January 5, 2011 Wednesday

Participants:
Brian Kilmeade
Daryl Metcalf

BRIAN KILMEADE, FOX NEWS ANCHOR: All right, the federal government sued the state of Arizona over its tough immigration law. But a new initiative by five states, five states to create similar laws of their own is reviving the controversy.

Making the bold move, Arizona, Oklahoma, Missouri and Pennsylvania. They're joining together to pass laws based on the single model that would deny American citizenship to children born to illegal immigrants.

Pennsylvania State Representative Daryl Metcalf has been on the scene for a while. He joins us with that effort.

Controversial move. You say -- you were just telling me, you will have about 140,000 illegals in your state alone, right?

DARYL METCALF (R), PENNSYLVANIA STATE REPRESENTATIVE: That's correct, Brian. The recent estimate is about 140,000 illegals in Pennsylvania at a cost of about $1.4 billion to Pennsylvania taxpayers. Over $100 billion a year spent by American taxpayers.

But today, I'm joining with colleagues, as you said, we'll be representing five states but we represent 40 states overall from state legislators for illegalimmigration.com which are the number of states represented in a coalition that we founded about three years ago to join states together to send a very clear public message to Congress and to work on our own state initiatives that we want Congress to work with us, not against us.

So today, while they're being sworn in, it's very appropriate especially with them reading the Constitution, that when they read Article 4, Section 4, where they're supposed to protect the states from invasion, and when they read the 14th Amendment which requires that somebody not only be on our geographic soil to be considered as citizen when they're born, but be under the jurisdiction thereof, which mean from the debate to the mid 1800s, that their parents would have been allegiance to our country, to the United States of America.

That Congress -- we wanted to send them a public message today and we want the folks across the United States to know that we're standing with them to protect American lives, liberty and property from invasion of the illegal aliens.

KILMEADE: But Representative, you know constitutionally this is -- that when it comes to illegal immigration, you know what the Ninth District just said. Hey, you know what? That's a federal issue. Back off, states, we'll handle it even though they haven't.

So do you feel as though you might be just spinning your wheels?

METCALF: I do not. I believe that there's really been a resurgence amongst Americans and amongst state legislators to stand up for the rights of states to be that parallel power with the federal government.

KILMEADE: Right.

METCALF: We created the federal government, not the other way around. The federal government has certain responsibilities outlined in the Constitution. They've been AWOL in providing their responsibilities to us as states for decades now and we believe from working with constitutional scholars at the Immigration Law Reform Institute.

KILMEADE: Right.

METCALF: People like Kris Kobach, Dr. John Eastman, that the language that we're going to provide to the states will ultimately be victorious in the courts.

KILMEADE: I thought I talk quick. You beat me by a mile but you were certainly clear and motivated. The 14th Amendment guaranteeing birth right citizenship is plain. You're doing -- you're taking on the Constitution.

METCALF: We are -- we are taking on the bureaucrats in the United States that have been allowed to run amok and disregard what the Constitution actually says. Our position is the same position as those who argued and debated the 14th Amendment, and that's the 14th Amendment means that somebody should not only have to be on our soil when they're born to be declared as citizen.

KILMEADE: Right.

METCALF: But they should be under the jurisdiction thereof, which means that they would also be born to parents that have an allegiance to the United States of America.

KILMEADE: Right.

METCALF: You can't just disregard that section of the Constitution. We are standing up for the Constitution, with the people of the United States of America. We should be protecting American lives, liberty and property.

KILMEADE: And Representative Metcalf, a lot of people thought when Arizona got shot down, well, that's the end of the state and illegal immigration debate. In fact it only got started. And it's refueled set for -- at least the battle to be played out over the next two years.

Representative Daryl Metcalf, thanks so much.

METCALF: Thank you, Brian. Have a great day.

KING: Look forward to talking to you again.

METCALF: Thank you, sir.

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