this legislation through congress that even president bush couldn't get through the congress. patti ann: judge napolitano says that when president obama announced 13 months ago that he would not be enforcing the immigration law in certain cases, that he was violating his oath to uphold the law. emily, what about that? >> look, the numbers just purely don't support the fact that this is a crisis created by president obama. there has been a surge since 2009 in young people that are coming over the border, and this is directly connected to the violence in areas in particular countries in three particular countries in central america. this absolutely is regional. it is not just the u.s. that is seeing this increase, it's also when you look at mexico, panama, coast tariq ca. they have -- costa rica. they've seen a 700% increase in young people applying for asylum. pga. patti ann: well, the internal memo we saw yesterday contradicted what you just said. that hem mow says that everybody they -- memo says everybody