stay off of social media if they take any spring break vacation. >> as a parent vacations are plans for teachers because we need to negotiate. it's horrible. >> new york republicans introduced a resolution to impeach governor andrew cuomo. >> the governor has lost credibility and trust that we don't feel he can go forward and govern. ♪ ♪ ♪ steve: 6:01 wake-up call. beep, beep. welcome to first hour of "fox & friends" march ninth, 2021. ainsley: the weather is supposed to be really nice starting today. 50's. i heard 60's today. okay. brian: the one thing to your comment earlier, later i will expand on the weather comment from ainsley, instead of looking at an alarm clock can you say opportunity clock, some spin it to make an opportunity's day. steve: what are you talking about? brian: your wake-up call, your opportunity clock. why don't we look at it that way? it's more positive. steve: you have been listening to the andrew carnegie tapes? brian: sorry the 1920's entrepreneur inspires me. steve: this is our opportunity to give you the news. brian: new report reveal it is number of migrant children in custody has tripled over the past two weeks, griff, not good news you would think. griff: not good news at all. brian, ainsley and steve, good morning to you. i'm outside casa de imigrante and they are starting to fill to capacity. we were able to get inside. many receiving after people in camp yesterday was closed. the director inside said last week he had 50 migrants inside today he's got more than 250. now we spoke to a volunteer inside who spoke english and he says he's seeing troubling numbers. listen. >> they're coming and coming. i don't know if this is almost the top. almost full capacity. griff: at that point you have to turn people away. >> no, we cannot do that. everybody comes and welcome. griff: the report you mentioned, brian, according to the new york times they obtained dhs documents that show that the number of unaccompanied numbers tripled to more than 3,250 of which 1,360 were jailed longer than 72 hours permitted by law. remember when the border patrol apprehends unaccompanied children they turn them over to hhs's office oh of refugee resettlement. looking back at 2014 when vice president biden was in charge of the unaccompany minor, in 2021, 111,000. now break it down by sector. del rio, texas getting hit some of the hardest numbers. you can see that they are up 122% for unaccompanied minors compared to last year and for the single adult encounters up nearly 350%. delrios's mayor had to say this last night. >> mayors across the border are faced in a hard and rock place. we also have a responsibility to our constituents and to our tax paying citizens and the community. griff: the administration still not want to go call a crisis but president biden is taking incoming from all directions, it's not just republicans that are attacking the immigration policies in these numbers that are spiraling out of control but you have democrats along the border like henry cuellar of texas and the progressive wing like alexandria ocasio-cortez and others saying that they don't care who is the president, unacceptable, brian, ainsley, steve. steve: griff jenkins live down in mexico, griff, thank you very much. so griff made it very clear the administration is breaking the law. you get 1360 of these kids were held longer than 72 hours in what "the new york times", "the new york times" is describing as jail-like facilities. now here is the thing. we have been trying to get down to those facilities to take a look to see what kind of conditions the kids are being held in but the administration will not allow it. why is that? well, because essentially they are the same facility that trump held people and it was referred to kids in cages plus during the pandemic there was social distancing but on friday, ainsley and brian, they said you know what, we have so many people, forget that. let's go 100% capacity but nonetheless the administration will not let reporters in which is just -- we need to see what is going on in there. ainsley: well, as of saturday 1,553 had tested positive, this was since january 25th, tested positive for covid and their advised to quarantine but by law they can't prevent them from traveling into the united states. and as of sunday they had more than 8,100 unaccompanied minors in the shelters and they said in this article, the new york times, 13 days away from maximum capacity. brian: with all of on joe biden's plate when he took over as president of the united states on january 20th, why would he create the crisis and why would he go in there and blow a deal with the triangle countries and get rid of migrant protection protocols that were remain in mexico deals, why would he not anticipate the surge of the border as he tells everybody he has been doing the job for 40 years. he actually signed a border fence defense act back in 2006. meanwhile his dhs secretary who is assistant to jay johnson as deputy, who knows better said this, i activated the volunteer force to support customs and border protection as they face the surge in migration across the southwest border. you have likely seen the news of overwhelming numbers of migrants seeking access to the country along with the southwest border in 2019, over 900 volunteers deployed to support their cbp colleagues during a similar migrant surge. please consider joining the volunteered force to, again, provide needed humanitarian support along the southwest border and relief for our cbp colleagues. so it's not a crisis, though, right, it's just a challenge, dan crenshaw knows better. >> it's really hard to process thousands of people. it's also very preventible. as you said, on day one biden reversed the remain in mexico policy. major deterrent for people coming across. look, only 10% of people asking for asylum have a valid asylum claim. so when you disincentives that, okay, fine, wait and adjudicate your claim in mexico, well, people don't tend to come across. when you say we will not deport you and give you a bus ticket where you want, they will get huge influx of people. ainsley: they are looking for volunteers to go down there and help. they don't think it's a crisis. they are not calling that. why do they go on the weekend to check out the facilities. the volunteers that are needed are for managing property, preparing meals, doing supply run, prescription medicine runs and assistance and control. brian: why you're going down there, you haven't briefed the president yet. can you find something, mr. president, can you find a hole in your schedule to get the results of their expedition down to the border? steve: here is the thing. if they are able to send the white house team down to the southern border safely to observe the conditions that the kids are being held in, why can they not allow the press in? the problem is for the administration it's the number of kids who are crossing and what to do once they are in custody because right now whatever you call it, it's a mess. ainsley: some are 4 year's old and 6 year's old. they try to release them to the united states to find sponsors? steve: that's the law. right now they can't do that. the secretary directed agents from the northern border to the southern border. so anybody wants to come in, canada, the coast is clear. brian: something about this thing, they don't seem to mind and i find that disturbing. steve: who? brian: the administration doesn't seem to mind that the surge illegal immigrants from our southern border are penetrating into our country. they don't seem to be mind as we let them go into the interior. now let's talk about the covid relief bill. they passed the senate over the weekend, $1.9 trillion which has been underreported is it only 9% of this bill actually goes to pandemic relief. the rest goes through all types of progressive programs. not my words, jen psaki's words. believe it or not she's proud of the progressive agenda that she borrowed from bernie sanders. >> senator manchin and senator sanders and a range of democrats in between just voted to support a $1.9 trillion package that is the most progressive piece of legislation in history. so i would say we feel pretty good about that. steve: here is the thing for progressives, the super progressives, where is my $15 per hour and didn't get that. what about -- as it turns out, they up the amount of income to get a check and they got rid, they cut the weekly payments, so, you know, in the house that's the senate chamber, in the house, nancy pelosi can only lose 4 and she's got about that number who are grumbling but ultimately, you know, it all comes down to numbers and they think they could take it up today, could be on joe biden's desk by tomorrow or next day. ainsley: gas prices have gone up. pipeline no more, illegals are allowed to come across the border and after 72 hours they are allowed to go free. there are so many things that have changed recently over the last few months and this is one of them. they're passing this progressive bill, only 9% going to covid relief. brian: 1 trillion unspent. ainsley: exactly. all the states have money that they haven't spent. there's leftover money from the last covid relief. they don't care. this is your money. you go to work every day, you wake up every morning and you go to work and your tax dollars are being used for this. kayleigh mcenany said if she had gotten up there and said this is the most conservative bill, she talks about the double standard, listen to this. >> president biden did 5 iterations of bipartisan covid relief. imagine if he had promised bipartisanship the entirety of the election, reaching across the aisle, the great deal-maker and i stood at the podium and said we just passed the most conservative bill in modern history with not a single democrat by our side we would be mocked or bid called but they are saying the quiet part out loud, this is the most progressive bill, liberal wish list with a 2 trillion-dollar price tag that we will have to live with. ainsley: your grandkids will have to pay for this and work really hard and pay for this. california, they haven't opened up schools yet. in all parts of our country, counties where the kids aren't going to school because of covid. illegal immigrants are coming across the border, many of them are testing positive for covid and they're allowed to come into the country. brian: you did this. people were out of jobs. these are decision that is the governors have made and being rewarded. the higher unemployment of the state, the more of the $350 billion that you will get. if you worked hard to keep your state open and keep your economy up, you actually are being disadvantaged by this bill and brought up by tim scott last night. we added 379,000 jobs last month, unemployment rate is going down yet you put another 2 trillion on top of the 4 trillion into the bloodstream all which we did not have and you brag that this goes to programs that are progressive, not aiding a pandemic and promise if you're chuck schumer, we will go back for more. steve: but the average american, the whole thing polled very well because it seems like everybody will get a check and now everybody wants to know where is my check now that it's going to pass? meanwhile let's talk, ainsley, to your point about schools being closed. utla is united teachers of la, it is a group of about 12 different organizations including teachers, staff and things like that. there was a private facebook page for utla and they -- they said something out loud that we imagined but shocking that they did. say said -- posted this and fox 11 in la was able to get it and screen-spotted it. friendly reminder, if you, any teachers or staff, education, et cetera, are planning any trips for spring break, please keep that off social media. it's hard to argue that it is unsafe for in-person instruction if parents and the public see vacation photos and international travel and it was just a couple of days ago, they changed the air-conditioning, the whole list. ainsley: has nothing to do with the schools not being safe right now for in-person class. steve: it's all about optics. brian: here what fox 11 statement says, they are able to post views on facebook pages and in the facebook group the united teachers los angeles does not monitor nor responsible for the content. we do not want to discourage a robust dialogue for members in the public square of opinion but will tell them don't post any of the video, don't do any live streams, don't tell us what a great time you're having on spring break. every kid in california is behind. they should be going to school through the summer, in person in order to catch up for the last year and it's almost a year to date until they were told to go home, pack up and not come back and the governor said you have to come back, you're set to come back, they said, yeah, i don't think so. we are not coming back. steve: i wonder how many teachers are in california, you can do the zoom job anywhere. brian: absolutely. ainsley: i feel sorry for the teachers because they don't get paid a lot. my sister is a teacher. a lot of times they spend their own money to buy supplies to the classroom. we heard one mom say that her teacher said i love the zoom because i get to go work out and i don't have to take a shower before i get on zoom to teach the kids. steve: well, the cdc said the teachers can go back without being vaccinated and flies in the face of what this utla -- brian: they get 3 months off in the summer, it's almost impossible to get them fired. as we see we have join protection. a lot of positives to being a teacher in los angeles, maybe more than most cities meanwhile jillian mele is upstairs with the latest breaking news. >> that's right. moment two officers are shot, one of them saved by bullet proof vest. [shots fired] jillian: two officers narrowly avoided being killed. they were responding to a 911 call from the suspect's roommate who was also shot. the suspect is in custody. the trial of former minneapolis officer charged with george floyd's death moving forward today. jury selection was paused as prosecutors try to add third-degree murder to derek chauvin's charges. minneapolis business owners are on edge over a possible repeat of last year's riots. >> we are going to probably board up but we are hoping that the city of minneapolis will step up to the plate which they say they are going to do and protect us. we are trying to feel confident in that but yet it's still scary. jillian: over a million dollars has been spent on barricades. the cdc is getting those vaccinated green light pre-pandemic activities, new guidelines to visit other vaccinated people indoors without mask or social distancing. visit indoors with low-risk unvaccinated people and skip quarantine if exposed but the cdc advises against traveling. thursday president biden is expected to make his first prime time address marking the one-year anniversary of covid-19 shutdowns. and founder dave portnoy saving a small business by eating pizza. stopped by california pizzeria for the 1,000th episode. business owners say that the business has skyrocketed ever since and named pizza after him as a thank you. i have to go there to try a pizza. steve: it's in livingston, new jersey, we can be there for lunch. ainsley: how far from your house? steve: 10 miles. ainsley: bring some in. steve: indeed. ainsley: is governor cuomo's time in office up? that's up next. wealth is saving a little extra. worth is knowing it's never too late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. o so you're a small business, or a big one. you were thriving, but then... oh. ah. okay. plan, pivot. how do you bounce back? you don't, you bounce forward, with serious and 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governor cuomo pictured right there on sunday was calling lawmakers saying, hey, don't come out on the press and issue statements for me to resign and rationale was it would undermine the attorney general investigation and yesterday the news regarding that was the attorney general named june kim, former federal prosecutor and also anne clark, employment lawyer to lead the investigation. the governor says hey, wait for the ag report before you levy judgment against me which sounds a lot like governor northam in virginia even though he weathered the storm even though many calls. he weathered the job. brian: keep in mind too the publishing group, the crown publishing group, they have to be embarrassed of what a hero cuomo was, no plans to reprint or reissue on paperback. i think that's -- i don't think there's going to be a call to -- to get the printer going again. steve: brian, you know how many books they sold in the month of february? according to book scan his books sold 300 copies in february and you know how much of an advance he got? brian: over a million. steve: mid to low 7 figures. ainsley: really? steve: that's a lot of douth. ainsley: the network evening news coverage of cuomo's scandals. if you compare nursing home deaths to the amount of time they spent on harassment accusations. 15 minutes 35 seconds on nursing home deaths and how many died 15,000 died, 13 -- i think janice told me 15. 47 minutes and 59 seconds on the harassment accusations and, look, that is serious, no woman ever needs to be put through that but if you look at the comparison of the nursing homes where so many people never came home, loved ones were not allowed to say good-byes to mom and dad brit humes. listen. >> i think he has solid ground to stand on for the moment at least on the me too stuff because he's asking that we wait until there's been an investigation. that's a perfectly reasonable position. what's striking to me is the fact that he really doesn't seem -- all the democrats are criticizing him. they are not criticizing for the nursing home disaster which was deadly, they're criticizing him on this other matter which i think really says a lot about america today. ainsley: i want to make one more point. if we can put the graphic up again. nursing home deaths, that's the coverage over 5 months, that's from may 11th to march eighth and then the harassment accusations, that's over an 11-day period. brian: it's significant. he's not the only one in trouble for the nursing home situation. governor whitmer is being sued personally and in new jersey they are beginning to scrutinize what he did, governor murphy had gotten a pass for the same thing. what makes governor cuomo a little bit more susceptible and agonizing and aggravating and emotional is that he had other options and he had the ship and the javits center and they said you were going to be overwhelmed in the hospital beds and we quickly panicked and put everybody in the nursing home and cover-up the numbers. now it's 15,000 and perhaps counting and just wait for this, it's health officials, his, and his staffers, his staffers, somehow there's an excellent way -- somehow a staffer that pays the price for the decision and the change in numbers and lack of transparency. it never seems to be his decision. steve: plausible deniability. i didn't know anything about it. once the investigations are all done, maybe he said no to the ship and the javits center and all the federal help because he did not want to say, donald trump, thank you. brian: maybe. steve: maybe. that would be terrible if that's the case. all right, coming up on 6:30 in the east with overwhelming migrant influx, one arizona rancher says the biden administration has abandoned the southern border. his warning for the white house coming up next on "fox & friends". trelegy for copd. ♪ birds flyin' high, you know how i feel. ♪ ♪ breeze drifting on by you know how i feel. ♪ ♪ it's a new dawn... ♪ if you've been 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so, more people can go to work. so, more days can start with kisses. when you buy this plant at walmart. ♪♪ this isn't just freight. when you buy this plant these aren't just shipments. they're promises. promises of all shapes and sizes. each with a time and a place they've been promised to be. a promise is everything to old dominion, because it means everything to you. ainsley: meghan markle's father speaking for the first time after prince harry and duchess of sussex's interview. hey, carley. carley: meghan markle's estranged father appeared on good morning britain with response to bombshell tell-all, thomas making it clear that he does not believe his daughter's allegations of racism within the royal family. >> the whole thing about color and how dark the baby is -- it could have been just a stupid question. >> well, thomas markle said he has not spoken to megan in about 4 years following royal wedding drama would like to talk to her again. now several claims the couple made during the tell-all are being called into question. harry and meghan revealing they were married before 43 million-dollar taxpayer funded wedding but writing a now deleted tweet. you can't get married twice to what was the thing 3 days before and if it was a marriage, what on earth were we doing playing at prayer holy matrimony at cameras. under royal convention archie was not given the title because he's the great grandson and not the grandson of the reigning monarch and it would have been one that charles would have to make down the road, not the current queen. ainsley: thanks so much, carley. carley: you bet. brian: as arizona border chief warns that illegal immigration is on track to overtake the past 3 years combined. >> right now we are about 100% over where we were this time this last fiscal year. we've already surpassed in the first 4 months of this fiscal year we have surpassed all of 2018. if the flow continues at the rate it is here by the end of this fiscal year we would have surpassed, 18, 19 all combined. brian: unbelievable. our next guest is a rancher that lives in the arizona-mexican border. john joins us now. john, the numbers are astronomical, we are almost at 300,000 in all of 2020. there was 164,000 in 19, what does it look like from your point of view? >> well, it's going to hit that number for sure. it started before biden even took office, as soon as the election was over, he promised amnesty to 11 million people. here they come. we got spoiled with donald trump for the last 4 years. border patrol is overwhelmed and they are busting them into the towns and dumping them off. they are not giving them a bus ticket, they are leaving them there. brien: there's some reports that the migrants are different from previous years, cubans, brazilians, romania, different places, they don't speak english, they are totally lost, are you finding that? >> most of what we are getting is from central and south america right now. the difference we don't have a lot of women coming, but all the men are in full camo eating booties and they're on a cell phone the whole time from the border to the highway where they get loaded up. brien: you know, in the texas area single adults, it's up 350% year to year. you're seeing a huge rise in single males? >> yeah. that's what we've got mostly down here. and then group sizes increases 15 to 20 now in a group used to be 3 to 5. brian: 90% of those who came across the border and were apprehended were turned back because they didn't qualify. do you get the sense that that number is not the same anymore? >> no. they're letting everybody come now. it's -- you know, this administration is calling it a humanitarian, it's going to ruin our country. they come through me every day and night, they go live with you guys, that's what's going to happen. brien: passing through arizona, getting to the interior of the country and they come into our system and they might be great people but we have a system that's already overburdened with americans. how are we supposed to absorb 3 or 4 other countries? >> well, that's right. school systems, hospitals, these people aren't going to learn english. they are coming here to get a free ride in america. brian: for people who say it's not a cries, what do you say john ladd? >> they are living under a rock somewhere. brian: maybe if they gettened to briefing the president they will say that. more volunteers to handle that. >> yeah, i heard that this morning, that, you know, we've had the contractor down here since last april working on donald trump's 30-foot wall. they shut them down 5 weeks ago. you talk about a crime, 300, 401 people in the small towns of arizona had a good job, we've got material lane on the ground, we have a batch plant ready to make concrete but i've been idle for 5 weeks. brian: incredible. >> we don't have anything completed. brian: thank you so much. we need to personal stories. we get politics out of it. you bring us back to reality. thank you. >> thank you, guys. brien: keep in mind the wall is paid for. we will pay to store it or destroy the material. unbelievable. 22 minutes now before the top of the hour as president biden pressures the senate to pass the sweeping voting rights bill. ohio secretary of state calling trojan horse for federal takeover. that story next. i have the power to lower my a1c. because i can still make my own insulin. and trulicity activates my body to release it. once-weekly trulicity is for type 2 diabetes. most people taking it reached an a1c under 7%. trulicity may also help you lose up to 10 pounds and lower your risk of cardiovascular events, whether you know you're at risk or not. trulicity isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an 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election rules. he joins us live from columbus, good morning, mr. secretary. secretary: good morning, steve. steve: in november you guys in ohio executed your most successful election ever when you look at voter turnout and avoiding confusion and yet the democrats want to change how you do it in ohio. secretary: we know how to run and the people of ohio have spoken through legislature over the years and as you mentioned we had the most successful election, massive turnout and now the federal government wants to micro manage how states run their elections. it's dangerous and that's why we are fighting back. steve: why exactly do democrats want to do this? secretary: again, i call it crisis opportunism. it's them trying to ram through a list of their pet projects and, you know, there are some really decent ideas in hr1 but mostly full of bad ideas, legalizing ballot harvesting and how states do voter id requirements and forbidding us from verifying identity of the voter before they vote and even turning the federal elections commission from a bipartisan body into a partisan body. it's just this wish list of ideas that they've had for a long time and they will try to get it through because they will say the 2020 election necessitated it. we are fighting back and, again, i hope that we can kill this thing in the senate because it's a dangerous idea. steve: part of hr1 for the people act in 2021 implements automatic voter origination wide. you go in and register for something, boom, you're registered to vote. allows voters to substitute photo ids with sworn written statement, expands mail-in voting and statehood for washington, d.c. i don't know exactly what that has to do with it. requiring voter id, it was in the early 2000s that there was a bipartisan commission led by james baker and jimmy carter that suggested there be voter id laws. so i don't get why they are so against that. secretary: well, you know, in ohio we have a fairway of doing it. most ohioans show a photo id but there's alternatives if you don't have one. this is just an example of them trying to cram a swear peg into a round hole by micro managing and telling states how to run their elections. steve: i think you put it well when you said this is crisis opportunism. thank you very much for joining us from your office in columbus, ohio. secretary: thank you, steve. steve: 46 minutes after the top of the hour on this beautiful tuesday here in new york city and janice, there's some -- there's some green on that map behind you and we want more green across the coast to coast. janice: it is going to feel like springtime and we will probably set daytime records in northern and central u.s. 61 i'm calling for today in new york city. current temperatures, feeling like springtime for a lot of folks especially across the eastern and central u.s. the west, that's where we are getting a few storm systems off the pacific, coastal rain, mountain snow, 2 feet maybe of snow in the sierra nevada across california and some of the energy to move across the plain states and, yes, cold air moving from canada that will giver us a winter storm for parts of the northern plains, upper midwest and great lakes, wednesday into thursday, so this sometimes happens, we get the warm air and cold air moves in, return to winter but we are almost there, we are almost there, springtime is, i believe, 9 days away the official first day of spring. steve, ainsley, brian, enjoy. thank you. steve: thank you very much, we will, indeed. jd, thank you. a recall election is all but guarantied for california's gavin newsom, we have an update from effort leaders a week out from their key deadline coming up. ♪ ♪ ♪ jillian: good morning, back with quick headlines and hillary clinton takes jabs at the republican party. look at this. >> it's really troubling to see the republican party turn themselves into a cult and, you know, basically pledge allegiance not to the united states of america but to donald trump. i'm hoping that the republican party will find its soul. jillian: clinton calls out retiring politicians saying they don't have the stomach to stand up and fight against extremism in their own party. congressman jim jordan warns that republicans must block and tackle attacks on the left on constitutional rights. >> this is just a typical democrat we see today. a constant attack on first amendment rights with cancel culture and covid and now attack on second amendment liberties as well. jillian: jordan called out judiciary committee chair nadler for allowing legislation to bypass committee review and move directly to house floor. ainsley. ainsley: thank you, jillian. effort to recall governor newsom got closer, organizers for recall gavin 2020 announced 2 million signatures have been gathered. half a million more than needed to recall him with more than a week left until the deadline, the group has until march 17th to submit the signatures for final verification. here with an update is randy, he's a senior adviser of the recall gavin newsom campaign. good morning, randy. i know that you're excited about this. >> yeah. ainsley: you said on sunday that there were tears in people's eyes, why is that? >> it's been an emotional roller coaster and we have seen the collateral damage that newsom has done to people's lives or the restaurant worker up in oakland, everything that he has done during this pandemic he's done wrong. and -- and the collateral damage that he has caused with so many livers is irreprehensible. we are going to clean this mess up and we are cleaning it up by having close to 2 million californians now sign our petitions, get this thing on the ballot for later this year and we are going to have a big election, a huge election that everybody in the world is going to be watching. ainsley: bernie sanders, he's weighing in on your movement. he tweeted this out, he said, right-wing republicans in california are trying to recall gavin newsom for the crime of telling people to wear masks and for listening to scientists during covid. extremists republicans have done enough to undermine democracy already. we must all unite to oppose the recall in california. your reaction. >> i don't think bernie sanders knows what his own fans and voters are doing here in california. a lot of our people who have signed our petitions are berniecrats because they are sick and tired of the mess that's created by gavin newsom and the democratic party. bernie is being unbernie right now and he needs to get a reality check on what his troops are doing in the golden state because when he makes nonsensical comments like that, it's a poor reflection upon the reality of what we are doing here in california. look, this is not a republican movement. you know, 31% of the people who have signed our petition thus far are democrats. that's a lot of people. it's not a republican thing. it's a california thing. ainsley: when it comes to verifying all of the signatures, how -- when you will get that accomplished, when will that be finished? you only have one more week to get all the signatures. >> st. patrick's day. after that, the california secretary of state has about 35% to 45 days to go ahead and canvas all 58 different county registrar voter offices and then after that, she will make a determination if the -- if we reach the goal and the person who actually certified the election is elaina, our lieutenant governor who happens to be one of gavin newsom's best friends. newsom appointed sherly weber because he shifted padilla to the senate. it's a game of politics here in california. we are trying to change that and the only way to change it -- ainsley: randy, to sign petition can you go online? >> recall-- recallgavin2020.com. ainsley: we reached out to the governor's office for statement and we did not hear back. more after this. .. when i noticed my sister moving differently, i didn't know what was happening. she said it was like 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biden continues to refuse to confront the crisis on the southern border. >> unaccompanied minors tripled. border control is overwhelmed. communities are overwhelmed. >> may be called never to relief but 90% of it has nothing to do with that. >> the most progressive piece of legislation in history. ainsley: the exclusive interview sending shockwaves throughout the uk. >> calculated to do great damage to the monarchy. benjamin: no press conference yet. >> he didn't have to do daily briefings because the american people heard directly from the commander in chief. joe promised that but nothing of the sort. ♪♪ some kind of wonderful ♪♪ todd: or later, florida (business. to capacity now. you think the other challenge first at the super bowl, they could have gotten 26,000 but now it is spring break and according to reports college kids like to go to florida for spring break. if you are a college kid hanging out on the beach separate six feet, that is all we ask. brian: college kids like beer and there's a lot of beer in those seaside resorts. we had a spring break -- from your experience to college kids. ainsley: i had to go down on spring break and i did not tell anyone on staff but i was pregnant during the spring break. i felt like i was pregnant on the beach with college kids. don't take any pictures, don't post any pictures, this will follow you for the rest of your life. i was trying to save them. brian: let's see if everybody stays 6 feet apart. make sure you have a whistle. steve: if you are a los angeles teacher don't take any pictures because the optics of them not working. spring break starting across the country, enjoy. griff jenkins south of texas, you have the latest number of the number of migrants trying to get into the united states and it is stunning. >> reporter: it is one of many migrant shelters. bottom line is everyone is aware of the capacity issues in the us and the same on this side of the border. you can see luis rodriguez tells me he had 50 migrants, he has 250, can barely hold 300 and he says it has a lot to do with the new administration. [speaking spanish] >> they are hopeful and waiting for president biden, to give a statement or a to help them. >> reporter: let's look at the numbers you mentioned. the new york times documents show the number of unaccompanied minors in custody tripled in the last two weeks to more than 3250 of which 1360 were held longer than the 72 hours permitted under law, border patrol apprehends minors, they give them over to hhs a comparison if you look into thousand 14 when then vice president biden had a crisis of unaccompanied minors, 3041. competitive the projections for 2021, that is a much larger number. texas congressman dan crenshaw says it is preventable. listen. >> when you tell we are not going to deport you, we are going to release you and give you covid-19 test, you will have an influx of people. >> reporter: this is what i'm looking for. 7000 total encounters, that number could be as many as or more than 100,000 for february and those numbers are due out any day now. a few into next month and we are waiting for those numbers and they should tell us something about the direction the week we are heading. 11,000 monthly numbers, 144,000 is a record. steve: with joe biden it was 68,000, a crisis, now that 117,000. and. >> a message south of us to go through, take the chance, this might be the only opportunity. when you talk to conservatives they are concerned about this. we are allowing illegals to come in and not doing it the proper way and many of them have covid-19. as of saturday 1553 tested positive and they are being advised to quarantine but can't prevent them from traveling to the us. they can be in one of these facilities for 72 hours and then are let go. talk to conservatives, they are mad about this, losing jobs at the keystone pipeline and full speed clothes. brian: what is different about this administration or the previous administration, donald trump was there. donald trump's firing people, hiring people, acting director, a desperation to get things under control. future voters -- john ladd is a rancher, couldn't care less about politics, knows what a crisis is. >> it started before biden even took office as soon as the election was over, promised amnesty to 11 million people and here they come. we got spoiled with donald trump in the last four years. the group size is increasing, 15 to 20,000, used to be 3 to 5. communities are overwhelmed. they are not giving them a bus ticket. they go live with you guys, that is going to happen. >> they passed through his ranch, he sees them going into the interior, and they are going to sponsor homes you never knew about to go into working-class neighborhoods, school systems that are overburdened. it is a bad cycle of events. if anyone thinks these humanitarian to send out signals to el salvador of guatemala, come one come all, with strangers, perilous situations, imagine what kids are going through who come to our border to get through as the summer heats up, there's nothing humanitarian about that. for some reason, democrats think this is a good thing and i can't get my head around that. brian: 20,000 have come to the country since march the first and it was 100,000 -- ainsley: a lot of them are children. >> listen to what the new york post says. without debate president biden decided complete open borders is the way. biden will let you win, biden and democrats, the only real crisis at the border seems to be some people have to make way 3 days to be released into the country. i don't have a counterargument to that. that is the fact. steve: when trump was media -- your holding people over 72 hours, joe biden's administration is doing just that. the new york times this morning, they have been held in jail like facilities for longer than what the law allows at the problem is we would like to see what the facility is like, it was safe for the kids when they came from washington, this is one of the things reporters talk to joe biden about but he's not had a press conference in 48 days and the new york times is coming from jail like facilities kids are being held in, new york times would like a question or 2 but the administration knows now is not the time to have one. ainsley: he will deliver his first primetime address thursday to mark one year since the pandemic but look at the past 15 presidents, they had pressers in their administration. brian: you've got bill clinton, nine days, bush 43, obama 20 and trump 27 days. if you watch president biden yesterday, his press conference with small introductions, he doesn't arrive to be kind. here is kayleigh mcenany. >> they hid it from the american people during the entirety of the election, check the box every few months when a left-wing network bite up and said joe hadn't taken questions the next number of days, check the box and moved on and that is what they do this month. they are the reason i didn't have to do daily briefings because the american people heard directly from the commander-in-chief on his way to marine one at the white house podium, that is transparency and joe promised that but giving us nothing of the sort. donald trump and lance stand on stage, he was in his element. brian: 3 scandals going on, russia thing took you to have come ukraine took six months and the pandemic. no walk in the park of tell me about the pipeline or what are you building the wall out of. this hostile press never believed the thing he said. steve: across the board. everybody knows what is going on on the southern border is a crisis and joe biden's administration, the hypocrisy, it is okay for the delegation in washington to look at everything but we cannot end a small delegation at the border, to get the images, they don't want that to happen because they know what happened. that is not good. brian: susan doesn't have time to brief the delegation on what she saw. jillian: megan markel's father is responding to the royal tell on, a british tv show this morning, carly? carley: megan markel is a strange father appearing on good morning britain with his response to with a bombshell interview. thomas markel making it clear he does not believe his daughter's allegations of royal families. >> how dark the baby is is -- all i am saying just a stupid question. >> reporter: he has not spoken to megan and four years. but would like to talk to her again. several claims the couple made during the tell all are being called into question, they were married in a private ceremony three days before their $43 million taxpayer-funded wedding but a vicar for the church of england writing you can't get married twice so what was the thing 3 days before, if it was a marriage what are we doing playing at prayer, holding matrimony for cameras, markel suggested when the royal family decided not to grant the title of prince but under royal convention established in 2017 she was not given the title -- not the grandson of the reigning monarch. megan suggested -- so he would never become prince. buckingham palace has not responded to that. the interview has been met with this. steve: eyesight a headline on the daily mail, thomas markel said never played naked pool are dressed up like hitler which are the things that harry -- pictures of harry scampering around -- very embarrassing. ainsley: miranda divine with the new york post had this. >> it is a giant soap opera calculated to do great damage to the monarchy, to besmirch the air to the throne, they all welcomed megan into the royal family. harry admitted that and the allegations of racism don't ring true because they don't want him to marry someone of mixed race, could have excommunicated him. megan has been showing up, all calculated to do that, as a victim in the middle of a pandemic. >> in terms of people who may have said that, about her baby's skin color, was not his grandmother or grandfather. very clear a lot of people watched 17 million, an average of sunday night football, 50 million, many people thought it was the 1970s, happy days when we did not know if they were going to survive the battle. 50 million people watched. >> her dad lives with him for two years. he did apologize for leeching to the press. said that there was nothing beautiful about that. >> some of it could be nasty they didn't release it. apologize hundreds of times and will continue to do interviews. brian: every 30 days. steve: her half-sister says megan suffers from narcissistic personality disorder and needs to see a counselor and she says harry has stockholm syndrome where he has fallen in love with his captor. everybody has an opinion. ainsley: what are you hearing? crimea a river, you want a part of that? people can't pay their bills. steve: his grandfather, we are in a pandemic, they don't wish each other well. brian: it is 7:17. jillian joins us now. steve: i wish megan and her dad would talk about. jillian: this is playing out publicly, hard to watch. brian: everyone can't get enough of it. steve: let's talk about this, fox news alert, a marine is killing two others after a wreck in california. officials say the 3 vehicle crash involves three vehicles, no identities of the release was a week ago a 26-year-old sailor died and fibers were hurt in a chain reaction crash near the base. city council sets to consider a vote of no-confidence for la district attorney george gascon who defended his controversial policies saying, quote, a minority of victims once maximum publish that is punishment imposed, most survivors don't find healing by putting another person in a cage. a mother whose son was murdered joins me on "fox and friends first" earlier this morning calling that, quote, a threat to public safety. >> it is such a cold cold statement. it is asinine to me and it is coming from a man who does not care about the victims. steve: gascon is criticized for eliminating cash bail and getting away with charging minors as adults. the president's german shepherds are sent back home to delaware. cnn reports major bit someone from security. his condition is unknown. major is a shelter rescue dog, the first family -- back to delaware. steve: sounds like there was a biting incident on the security team. ainsley: hopefully they are okay. what is coming up? brian: new york's gop pushing towards impeaching andrew cuomo. congresswoman elise stefanik says this is opening up for a republican to win historically blue state, she is coming up. it really hurt. then i started cosentyx. okay, thanks... that was four years ago. how are you? see me. cosentyx works fast to give you clear skin that can last. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. 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(laughing) (trumpet playing) someone behind me, come on. pick that up, pick that up, right there, right there. as long as you keep making the internet an amazing place to be, we'll keep bringing you a faster, more secure, and more amazing internet. xfinity. the future of awesome. >> more americans vaccinated a growing body of evidence tells us there are some activities that fully vaccinated people can resume at low risk to themselves. the recommendations are an important first step in our efforts to resume every day activities. >> the ctc unveiling their guidelines for fully vaccinated americans but medical contributor mark siegel says the updated rules that include mass guidance don't go far enough and writes about that in his book covid-19 the politics of fear. good morning to you. let is give the folks the cdc guidelines and you talk about how this needs to go further. you can visit other vaccinated people without masks or physical distancing, visit with an vaccinated people without mask or distancing if the unvaccinated people are at low risk for severe covid-19. you can skip quarantine for somebody who has covid-19 but a systematic -- asymptomatic if you don't. that is the general guideline so it should go further. >> the second part of that of grandma can come visit you even if you are not vaccinated if you're at low risk that the nod to the science that the risk of transmitting covid-19 if you are vaccinated is really low. we've seen it in israel's studies and united kingdom studies. we are getting the science that says if you are fully vaccinated with the pfizer or moderna vaccine or j and j you hardly can transmit this so i say if that is true grandma should be able to visit their grandchildren but what about shopping malls, restaurants, getting on a plane, when you travel to some places you need a test to show you are negative when that test isn't as accurate as having been vaccinated. it would be a big incentive for people to take the vaccine and there's a lot of vaccine hesitancy were coming up against. if people would do it. >> the cdc was specifically we don't think anybody should do any unnecessary travel at this point so it is not time to hop on a plane and go on vacation yet because the pandemic is still where it is. >> i understand that but i am saying if you're going to travel and are vaccinated i believe your chances of getting it is almost 0 your chance of spreading it is almost 0 so that has to be factored in. what is happening to the airline industry in our economy and people's depression for not being able to travel. all of that is a factor we are not considering enough. public health isn't just covid-19. it is the impact of covid-19 as well. steve: this predicated on fully vaccinated people who are fully vaccinated after two weeks after their second or final dose. if one person meets somebody, you get the vaccine, one says yes, did you, yes, you have to trust them and a quarter of americans claim they will never get the covid-19 vaccine. if somebody did not get the covid-19 vaccine they don't lie about that. >> that is a good point and we see that with dating apps, somebody putting up on a dating apps, i have the vaccine come meet me, that is very dangerous. my vaccination card says cdc, we've got to figure out a, it is quite useful. if somebody has a vaccine the chances of your getting covid-19 from them is almost 0, chances of them getting covid-19, all 3 of these vaccines, there is 0 hospitalization and 0 death. that is incredible and we have to use those vaccines more to open up because we are facing 25% of people who say they won't take it but if you get it you can go shopping they will take it and that is what we have to be facing. i don't like those cards. you have to be careful about that. brian: who knew you knew that much about dating apps? thank you very much. straight ahead we show you florida governor rhonda santos's warning over president biden's immigration policies. >> it will hit the whole country. it is entirely reckless, terrible policy and it is going to cause problems in our country. steve: the attorney general for florida joins us with a conclusive announcement, she plans to hold the white house accountable. she is next. ble to keep up. course we can. what couldn't keep up was our bargain detergent. turns out it's mostly water, and that doesn't work as well on stains. so, we switched back to tide. one wash, stains are gone. kind of like our quiet time. 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reckless, terrible policy and it is going to cause problems and it is being done for ideological reasons. steve: legal action filing a lawsuit over executive order to suspend deportation in an effort to stop criminals from being released. joining us with exclusive analysis is attorney general ashley moody. >> alerting americans to the fact this administration, responsibility under federal law. it is required to deport criminal aliens that are here illegally and saying we are not going to do it anymore. they targeted sex offenders here in the united states and guidance, releasing into our streets serious criminal offenders. they are canceling detailers and requiring law enforcement leaders to release them into our state and her one traffickers, breaking into homes, it is unbelievable for folks that law enforcement -- my frustration has boiled over and we will hold them accountable. brian: you urge the president to reverse cancellation but take it to another level. to use sense an open mind in washington when you hit him with this in our expressing outreach about this. >> for the past administration both republican and democrat, criminals in our country, this is bipartisan legislation, and places your family, fires allstate leaders to take a look. and release people back into state. canceling detailers, i've spoken to law enforcement leaders and see the documents, it is egregious. >> what do you say about a border state? >> i was a federal prosecutor, and the wife of a law enforcement officer who encountered criminals who are here illegally. this is about prioritizing american people's safety over criminals that are here illegally. i can't believe we are having this discussion. it is nonsense and someone needs to tell president biden to do your job. brian: that is what he would say. who is the judge that will see us? >> we filed here in federal court and we moved for an injunction. my folks have been studying the documents and law enforcement leaders around the 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ask your healthcare provider about rybelsus® today. ♪ ♪ the chevy silverado trail boss. when you have a two-inch lift. when you have goodyear duratrac tires. when you have rancho shocks and an integrated dual exhaust. when you have all that, the last thing you'll need... is a road. the chevy silverado trail boss. ready to off-road, right from the factory. and we won't be able to force votes but we hope to keep pounding on this issue and political pressure gets greater and greater. we will keep reminding them that it is time to act. why not start the impeachment process? ainsley: they are launching the impeachment effort to get governor cuomo out of office. let's bring in congresswoman elyse stefano the visually stefanik. you want him to resign saying he is the worst governor in america. >> he has been involved for multiple scandals, first the nursing home scandal and the cover-up which is a crime, a federal crime and obstruction of justice, you had a senior aide admit to withholding information from the department of justice when they requested information on the numbers of deaths and 15,000 vulnerable seniors who died because of governor cuomo's nursing home edict, and sexual-harassment scandals, not one, not two but five women have come forward and shared personal horrific experiments, reviewing sexual harassment and sexual grooming, not republicans speaking out for his resignation, and if they want to take action on behalf of every day new yorkers they need to join republicans in starting impeachment proceedings. brian: they want to hold off taking action until they can have this investigation. is that fair? the attorney general is pursuing the investigation. >> democrats had to really be pushed to call for an investigation. i was the first senior elected official to call for an investigation december 14th when mister boylein came forward. we know there are multiple accounts and what is interesting is they are very similar. this is about the governor praying on vulnerable much less powerful individuals often very young in their 20s alone in his office on government property. i believe there is believable and we should take these women's personal experiences very seriously and i call for his resignation. if you look at the governor's on statement he called for a fellow elected official from much less to immediately resign. he is not following his own words. steve: you did not vote for this $1.9 trillion covid-19 relief package, but the white house is proud of one thing regarding it. here is jen psaki. >> senator manchin and senator sanders and a range of democrats in between voted to support $1.9 trillion package that is the most progressive piece of legislation in history. we feel pretty good about that. >> she feels good about being the most progressive piece of legislation in history, you feel pretty bad about it. >> he is right. it is the most progressive piece of legislation in history and how quickly did president joe biden forget his inaugural speech focused on unity. there was little outreach for republicans and the vast majority of this bill has nothing to do with covid-19. most of the funding doesn't get spent in this year. it gets spent in 2022 or after. keep in mind we have $1 trillion of previous bipartisan covid-19 packages that haven't been spent. we need to focus on making sure we have targeted relief to support small businesses to support schools and making sure we are reopening safely. we don't need this wish list that nancy pelosi put forward and jammed into a very partisan bill. steve: who do we elect? a moderate? are duly elected bernie sanders? bernie sanders was unelectable. why are we taking his agenda? >> i have said that president biden is governing far further to the left and progressive than i think even the press and the republicans predicted over the past election cycle. we've seen the executive orders, with this covid-19 bill and the push to $15 minimum wage and the amnesty for immigration. it is a real opportunity for republicans to speak to the american people that we are the party of common sense, economic growth, the party that represents the majority of views in this country. jillian: she is not ruling out running for governor. jillian has some headlines. jillian: illegal immigrants involved in the deadly crash near the border each reportedly paid 10,$000 to be smuggled into the us. the daily mail reports guatemalan migrants paid highest, 25 were jammed into an suv that crashed in california. the nypd shocking video showing the moment two officers are shot, one of them saved. officials say the two officers narrowly avoided being killed. they are expected to be okay. they were responding to a 9 one one call, hiding in the brooklyn apartment complex. the suspect is in custody. governor gavin newsom will deliver his annual state of the state address, the governor will speak is the effort to recall him grows, 2 million signatures. senior advisor joins us earlier and says it is time for newsom to go. >> everything he has done during the pandemic he has done wrong. we will clean this mess up a, a huge election everyone will be watching. jillian: the final deadline is march seventeenth, 1.5 million signatures have to be verified. brian: not looking good. >> the stream court siding in favor of a former georgia college student ruling his school violated his first amendment rights. we will talk to the students attorney right after the break. allergies don't have to be scary. spraying flonase daily stops your body from overreacting to allergens all season long. psst psst you're good new projects means new project managers. you need to hire. i need indeed. indeed you do. the moment you sponsor a job on indeed you get a short list of quality candidates from our resume database. claim your seventy five dollar credit, when you post your first job at indeed.com/home. guy fieri! ya know, if you wanna make that sandwich the real deal, ya gotta focus on the bread layers. king's hawaiian sliced bread makes everything better! ♪ (angelic choir) ♪ and here's mine! it all starts with an invitation... ...to experience lexus. the invitation to lexus sales event. get 0% apr financing on the 2021 is 300. experience amazing at your lexus dealer. >> a win for free-speech as the supreme court sides with a former student suing the school after he says they stopped and distribute a religious pamphlet on campus. the 8-1 decision will allow students to seek monetary damages, a violation of first amendment rights. good morning to you. tell us what prompted this lawsuit. what camp and on campus? >> he wanted to share his faith on campus so he went to a common enemy -- area to engage in the conversation and was stopped by a campus police officer, told he was violating the college's policies and told to get advanced permission to share his faith and can only do it in a small tiny speech. they occupied one% of the campus. he followed all the rules and regulations, showed up a second time at the designated time and they stopped a second time infant and with discipline if he dared to share his faith again on campus. >> his faith must mean a lot to him because he's gone to a lot of trouble sharing his christian faith, how did it get to the supreme court? >> georgia officials were given a warning that their policy was unconstitutional and they did nothing and they initially said his words were not protected by the first amendment. they changed the policy but did nothing to give justice or acknowledge they violated his rights, continued to pursue that and the college fixed the policy didn't give him any justice or recognize violated his constitutional right. jillian: we have a statement from the college that says the claims they supported and continue to support the price of individuals to freely openly share their thoughts and ideas on college campus in accordance with the first amendment. you are saying they changed the policy. that wasn't the policy before? >> know but we won at the supreme court and that would be a policy, but the court affirmed government officials should be held accountable when they violate someone's rights because the violations cause real harm even if you can't put a dollar amount on it. >> the court yesterday, the supreme court said plan on doing that. >> the pace can continue in the lower courts and it is another reason they will fight in court for free-speech on campuses but also spearheaded the philadelphia statement in an open letter uniting people in different ideological viewpoints, to stop cancel culture, promote free-speech and groupthink where we are not asked allowed to express different viewpoints which is what he was trying to do on those two days. ainsley: i am sure he is fighting hard, thank you for what you are doing to help him. coming up, california one step closer to recalling governor gavin newsom as the campaign to remove him from office reaches enough but why is bernie sanders getting involved in all of this? we will discuss after the break. ♪♪ ... ♪ yeah i feel free ♪ ♪ to bare my skin, ♪ ♪ yeah, that's all me ♪ ♪ nothing and me ♪ ♪ go hand in hand ♪ ♪ nothing on my skin, that's my new plan ♪ ♪ nothing is everything ♪ woman: keep your skin clearer with skyrizi. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. of those, nearly 9 out of 10 sustained it through 1 year. and skyrizi is 4 doses a year, after 2 starter doses. ♪ i see nothing in a different way ♪ ♪ and it's my moment so i just gotta say ♪ ♪ nothing is everything ♪ skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms such as fevers, sweats, chills, muscle aches, or coughs or if you plan to, or recently received a vaccine. ♪ nothing is everything ♪ woman: now is the time to ask your dermatologist about skyrizi. cell phone repair. did you knows everything ♪ liberty mutual customizes your car insurance so you only pay for what you need? just get a quote at libertymutual.com. really? i'll check that out. oh yeah. i think i might get a quote. not again! aah, come on rice. do your thing. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ why walgreens? with save a trip refills that let you pick up all your prescriptions all on the same day... we make filling your medicare prescriptions... ...go like clockwork. so you can get back to what you'd rather be doing! ♪ >> joe biden continues to refuse to confront the crisis on our southern border. >> the number of unaccompanied minor in custody tripled in the past two weeks. >> they are dropping them off. the system is overwhelmed. brian: the house is set to vote on the senate version of a massive covid-19 relief bill. >> critics argue nearly 90% of it has nothing to do with that. >> it is the most progressive piece of legislation in history. >> megan and harry's explosive interview sending shockwaves throughout the uk. >> it's also calculated to do great damage to the monarchy. >> the address from president biden on thursday, but no press conference yet. >> didn't have to do daily briefings because the american people heard directly from the commander-in-chief. joe promised that but is giving us nothing of the sort. >> ♪ ♪ ♪ ♪ ainsley: the statue of liberty. brian said that one-time when we were going to break he ran out of time and all he said was statue of liberty. steve: i think that was for the animation. that's the actual there, hey, come on in! ainsley: but that's a running joke amongst our staff. anyway thank you so much for joining us it's 8:01 on the east coast. steve: it's going to be a beautiful day here in new york city after being stuck in the 20 s today we're heading up into the 50s and the 60s later this week. we're getting so close to spring brian: you know sadly what it means is too, more and more people from central and south america are heading to our border, because the weather is getting better. ainsley: true. steve: the weather is actually better there than it is here. ainsley: glad you brought up the border because it's our next story griff jenkins is live down at the border where a new report reveals the number of migrant children in custody has tripled in the past two weeks. griff? griff: that's right, ainsley, brian and steve, good morning. fox news just confirming some numbers i'm going to give you but first let me explain where i am, outside where one of the many shelters across matamo ras, because that capacity issue on the surge on the u.s. side they're feeling it here as well in mexico this shelter has about 250 the director told me last week he only had 50 or less so we talked to one of the volunteers inside that said are you just seeing them coming and coming and coming and that is literally exactly what he told me, this is javier garcia. listen. >> they are coming and coming i don't know, this is almost on the top. griff: almost full capacity. at that point you have to turn people away? >> no, we try not to do that. everybody comes is welcome. griff: now, just spoke to a dhs official who tells me on background this new york times story about documents obtained that show the number of un accompanied children has tripled in the past two weeks to more than 3,250, and the key point is that more than 1,360 have been held longer than 72 hours, that is permitted by law for context. once the border patrol takes the children into custody they have 72 hours to turn them over to hhs. now, when you breakdown by some of texas' hardest hit sectors like del rio, you can see the number of unaccompanied children is up 122% since last year, and when it comes to just single adults encounters it's up 350%. the mayor of del rio hads had s. >> mayors across the border are between a rock and a hard place. we do want to try to find balance to assist these individuals once they are released into our community, however we also have a fine responsibility for our constituents and to our tax paying citizens and our communities. griff: one of the things that we heard from dhs secretary is that he's now calling for a volunteer force to assist with border patrol officials. we'll see where that goes. that coming after his trip down to the hard hit texas sectors, and then finally, one number to watch and that is the numbers for february we could see 100,000 or more sources tell me and that be a jump up from the 78,000 in january, and as you were mentioning, guys right as you came here to this hit with me, you're talking about the weather. that's really significant, because traditionally looking back, decades, we always see the spike starting in april, may, and yet we're looking at february numbers, they could possibly top may numbers in 201a crisis although the administration doesn't call it that right now. steve: they don't. griff, just a moment ago, we know that at that shelter there in mexico, people get food and at the beginning of this live shot, we actually saw a rack of clothes go through, because so many people, you know , they just come with the clothes on their back and so there are a lot of donated clothes so obviously they've got that but what about tests? what about covid tests? are people tested on that side of the border or they wait for the non-government organizations to test them as they are getting on buses in brownsville and other places on the u.s. side? griff: that's a great question and we could just show you some of the clothes they are setting out here. this is all donations. it's obviously run through the diocese of matamoras, and the donations of people bringing it for the migrants but the covid testing specifically is done by the non-governmental organizations. it's in this case, in this area it's done by a group called grm, the global response management. so you're not getting it from any border officials and in fact , we checked the numbers for mexican immigration, and stats on the number of un accompanied children they have in custody, or any total number of the people of migrants they have in custody. they simply don't provide statistics that's how they handle it. brian: griff thanks for staying on top telling the real story we don't need to get the numbers you just got them and confirmed them. meanwhile jen psaki has been forced to address what's going on at the border every single day. listen to the verbiage she uses to kind of warn people who happen to be watching cable, middle of the afternoon from central and south america, not to come. listen. >> i would say it's clear we need to work more on getting the message out and being very clear. now is not the time to come. yes, we have changed the policies of the last administration as it relates to unaccompanied children, but the majority of families, adults , the vast vast majority are turned away at the border, and that is a message that clearly, we need to continue to look for means and ways of getting out more and more out to the region. brian: wait that's the strangest description if you think about it. now is not the time to come. no, this is not the way you do it. you don't come to the border and say let me in. this is the criteria. we have embassies in your country. we're going to make it clearer within your country how to apply here. we are a nation of immigrants but a nation of legal immigrants that come the right way. also, one activist says that the surge of migrant is unlike what we've seen in past years. these individuals and i'm quoting here are not the usual asylum seekers we have had. we're getting cubans brazilians people from africa, haiti, romania all from different places they don't speak english, they look totally lost. they don't know where they're at children with no jackets no shoes, sometimes pregnant women as well, some with three-month old baby and a three-day old baby, this according to the executive director for a spanish organization. ainsley: gosh it's sad, these are children coming across all this video, do you see the kids walking through the woods with their moms? steve: well because ainsley, jen psaki said we've turned most families away that's true but the unaccompanied minors they bring them in and that's causing the log jam right now. ainsley: wow and then how do you explain it to the people who did it the right way and waited five years? brian: they don't care. steve: because joe biden made it very clear, if i'm elected it's going to be easier for you to come here. and then he got elected the problem right now is the number of kids who were crossing and what do they do with all those kids? and they had said a couple of weeks ago, well you know because of covid, we're spacing everybody out, but as of friday, the administration said do you know what? we're going to have to have these facilities at 100% capacity, and that means there is no social distancing, which makes it problematic for covid. ainsley: there were 185 migrants that tested positive at the brownsville bus station. steve: they were getting on the bus to come here. ainsley: exactly the number of people who tested positive has nearly doubled. brian: and by the way this is the same administration that tells us to wear two masks, and don't go see your vaccinated grandparents, fantastic. they are so worried about us, thanks for looking out for us, meanwhile 1,360 unaccompanied minors are sitting in jail-like facilities, the past three days, there is their big heart. meanwhile, ashley moody has had enough and she's the florida attorney general. she says what they're doing at the border is a huge problem and called on joe biden to get it together. >> this administration is thumb ing its nose to its responsibilities under federal law. it is required to deport criminal aliens that are here illegally, and it is just saying we're not going to do it anymore this is a radical shift by the biden administration. it places your family, my family , our citizens at risk. this is about our safety. this is about prioritizing american people, safety, over criminals that are here illegally. i can't believe we're even having this discussion. it's nonsense, and somebody needs to tell president biden to come on, man, do your job. brian: that was a nice touch to use his own verbiage. she's suing the federal government because i.c.e. has been disempowered to pick-up illegal immigrant criminals in their midst and leave me don't think it's just being held in texas, new mexico, arizona, and california. they're all coming to states near you. steve: and you know who agrees with that republican? aoc. she made it very clear, detention of families in that tent facility not okay. never been okay, never will be okay. ainsley: she wants open borders. steve: well that's what joe biden is doing right now. congratulations. brian: tip of the cap. ainsley: let's talk about hr 1. joe biden is urging the senate to pass this. we were talking during the break senate is not going to pass this because they would need what? steve: they have to get rid of the filibuster. and they might. ainsley: this is what's in hr 1. it implements mandatory automatic voter registration nationwide allows voters to substitute a photo id with a sworn written statement, can you all believe that? expands mail-in voting, restores voting rights for convicted fell ons, and we have frank larose, the ohio secretary of state and he said this is a trojan horse, for the federal government can take overstate elections. listen. >> the federal government wants to micromanage how states run their election. i call it crisis opportunism. it's them trying to ram through a list of their pet projects and you know, there are some really decent ideas in hr 1 but it's mostly full of bad ideas things like legalizing ballot harvest ing micromanaging how states do their voter id requirements are really forbidding us from verifying the identity of a voter before they vote. it's just this wish list of ideas that they've had for a long time and they are going to try to get it through, i hope that we can kill this thing in the senate because it's a dangerous idea. steve: and he was on and one of the crazy things for ohio, which here he is the secretary of state is, you know, in the 2020 election, ohio had their most successful election ever. they shattered voter turnout, they avoided confusion, and now, the federal government is telling the states how to run state elections. it would require essentially the kneecapping of states and states rights, and getting rid of the filibuster so this could actually be a two-fer if the democrats have their way. brian: i would think that rand paul is on the right track but going around some of these states some are trouble some in saying how are you running your elections and don't necessarily tell them how to do it but how to make it more efficient because you saw what happened how long it took to count the ballots in arizona, in michigan. we got this prolonged tally over in georgia. there were things we watched florida go through who fixed it, and we maybe all see what's going on with these different states, and let's hope that we don't have a mail-in ballot situation like last time, where we really had no control. ainsley: in california, gavin newsom, he won back in 2018 with 62% of the votes. his approval rating has gone way down right now people are furious with him. not opening schools not opening restaurants and then he does the opposite and he goes to french laundry and sits down. brian: don't forget the unemployment insurance with $30 billion where the people didn't deserve it. ainsley: so there is this big recall and they have 1.95 million signatures, remember they needed 1.5. so they need all of these signatures to be verified and that will happen, they will be able to turn in the full list next wednesday. it's march 17. they have one more week to get even more signatures because there's a chance that 1.5 might not be verified. brian: and the theory is that it's going to be around may when they put it up where you can vote for him or somebody else to stay in that job. it's hard to believe look at how the mighty have fallen. look at governor cuomo. everyone is darling america's governor he's lucky to hold on to that job let alone get re-elected and gavin newsom is supposed to be on the launch pad to run for president he's lucky to hold on to that job. steve: keep in mind california is the most progressive big state and perhaps that explains the tweet from bernie sanders that says right wing republicans in california are trying to recall gavin newsom for the crime of telling people to wear masks, and for listening to scientists during covid. extremist republicans have done enough to undermine democracy already. we must all unite to oppose the recall in california, and ainsley was talking to a guy by the name of randy economy he's one of the people behind the recall movement. he had this observation about their current governor. >> i don't think bernie sanders knows what his own followers and fans and voters are doing here in california. a lot of our people who have signed our petitions are bernie- crats, because they are sick and tired of the mess created by gavin newsom, the democratic party here. so bernie is being very un- bernie right now and he needs to kind of get a little reality check on what his troops are doing in the golden state because when he makes nonsense comments it's a poor reflection upon the reall it of what we're doing in california. this is not a republican movement. 31% of the people who have signed our petition thus far are democrats, and declined, that's a lot of people so this is not a republican thing, it's a california thing. steve: he's absolutely right. how many people, business owners have we had on this program from california who say oh, look, i voted for joe biden. i voted for gavin newsom, but regarding this , they're wrong. brian: they stopped outdoor dining in california when even the cdc says there's no danger in outdoor dining. it was just to torture small business and their numbers are worse than florida, and you know about the restrictions in florida or lack thereof. ainsley: remember the lady we had on and she setup the outdoor tent in the back of her restaurant? and spent like $75,000 on that tent? and then they said you can't have people at your restaurant? brian: because they setup a sit com set from nbc 50 feet away and it was identical. it's a double standard. the hypocrisy which we like to point out every morning. ainsley: let's hand it over to jillian. jillian: that's right good morning and let's begin with the updated information from the cdc, giving those vaccinated against covid-19 the green light to resume some pre-pandemic activities. new guidelines give the okay to visit other vaccinated people indoors without wearing masks or social distancing. visit indoors with the risk un vaccinated people and skip quarantine if exposed but the cdc advices against traveling. dr. marc siegel joined us earlier and disagrees. >> if you're going to travel and you were vaccinated i believe your chances of getting it is almost zero, and your chance of spreading it is almost zero, so, i think that has to be factored in. >> dr. says the guidelines are removed in the right direction. >> the publisher of governor andrew cuomo's new book dropping support due to the ongoing probe into new york's nursing home deaths. it comes as fox news learns cuomo also ordered homes for people with developmental disabilities to accept covid-19 positive patients. republican state lawmakers now pushing to impeach cuomo. congresswoman elise stefanik joined us earlier and said it should be a bipartisan push. >> it's not just republicans who are speaking out for his resignation. it's democrats as well, ainsley, and if they really want to take action on behalf of everyday new yorkers, they need to join republicans to start impeachment proceedings. >> cuomo has resisted calls to resign calling it anti- democratic. >> trey gowdy rips into msnbc host for alleging south carolina senator tim scott provides republicans a subpoena of diversity. take a listen. >> when she calls the united states senator a prop, a token, that's personal. that's wrong and she should be held to account. >> reed bashed senator scott for participation in a senate republican press conference opposing to raise the federal minimum wage. >> and how about this. burger king getting grilled after its sweep for international women's day completely backfired. the chain's uk account tweeting, women belong in the kitchen. well, it was supposed to be a bait and switch with it immediately following up by saying "if they want to, of course" and even announcing a scholarship program for female employees. the tweets were still blasted and has since been deleted. yeah, probably not something you want to tweet. ainsley: not the smartest thing to tweet out. brian: it caught a lot of attention so maybe they get the scholarship. we'll see. trying to defend burger king the best way i know how meanwhile a 20-year-old's life cut short in an alleged hazing incident at college. nancy grace shares what needs to be done so this tragedy does not happen again. are you managing your diabetes... ...using fingersticks? with the new freestyle libre 2 system, a continuous glucose monitor, you can check your glucose with a painless, one-second scan. and now with optional alarms, you can choose to be notified if you go too high or too low. and for those who qualify, the freestyle libre 2 system is now covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestyle libre 2 dot u.s. ♪♪ trelegy for copd. ♪ birds flyin' high you know how i feel ♪ ♪ breeze drifting on by you know how i feel ♪ [man: coughing] ♪ it's a new dawn, it's 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(laughing) (trumpet playing) someone behind me, come on. pick that up, pick that up, right there, right there. as long as you keep making the internet an amazing place to be, we'll keep bringing you a faster, more secure, and more amazing internet. xfinity. the future of awesome. ainsley: a college sophomore in ohio has died following an alleged hazing incident at an off dashcam pus fraternity party at bowling green state university. 20-year-old stone fultz, there's his picture, was rushed to the hospital after being found unresponsive. a police investigation is underway, as an attorney for his family says that he was giving a copious amount of alcohol. both the school and the fraternity say that they have no tolerance for hazing. let's bring in fox nation host nancy grace. hey, nancy. >> good morning. you know, it's interesting they say they've got no tolerance for hazing but yet, it keeps happening. does anybody find that unusual? you know, when i was researching this , the death of yet another really just a boy, he just turned 20, when i was research ing him i saw he just graduated from high school, and here he is, in a party off campus, and the schools going to rely on that to try to get out of any legal liability. he is taken home after drinking a handle. what is a handle of alcohol? it's about two and a half fifths of a gallon equal to 40 shots and this is also interesting, ainsley. i found out, before the independence department, which led to his death, he told husband roommate yes, tonight, big hazing night. i've got to drink whatever my big gives me, big brother, a handle. that's a lot of alcohol. ainsley: wow i know there was a 911 call what happened there? >> well the roommates come home around 11-11:30 unclear on the timing but generally that time. they see he's unresponsive and they call 911, he ends up in the toledo hospital where, i can't even imagine this , to think about my twin, and these parents who kept their son alive for several days in order to harvest his organs to give to other people. i mean, just waiting in the hospital. what these parents had to go through and now, what's really burning me up is that the parent fraternity is saying well we have a zero tolerance policy, and the school is saying well it's off campus, it's not our fault. well, whose fault is it? this kid was underage. the legal drinking limit there is 21, so why is this still happening? and what really broke my heart is as i was researching this , i found that 44 states have anti- hazing statutes, but only a handful allowed those to be a felony. the others are comparable to not paying a parking ticket and i found all these laws, collin's law, timothy law, they are all named after dead students. ainsley: gosh these are college students that are making other college students drink and drink that much. i was reading this article that says the caller, the young lady who called 911 became increasingly emotional as the dispatcher asked whether his chest was rising, which would indicate he might not be breathing and needed resuscitation and she said i don't see it rising and she's sobbing hysterically into the phone. these are lives, nancy, thank you for bringing this to our attention and if you're a participant with a college kid at home or at college, please have a talk with them. thanks, nancy. you can catch nancy grace, crime stories with nancy grace on fox nation, fox nation is the ultimate streaming site for fox fans where you can get exclusive access to original content, events and much more, so go to foxnation.com to join. the fairytale is over, meghan markle's father speaking out on that bombshell interview with the dutchess and prince harry, and he's not the only one questioning the royal couple's explosive claims. >> i wonder if i could be the reason people would listen to radio. rush taught generations of us real conservatism. >> this guy had a kind of imagine that was unifying and educating the right in a way that we'd never seen before. >> he was the predominant force in changing not just radio but broadcasting and politics. brian: i don't care what parties in power, rush mattered. >> one man, one voice, for more than 30 years. the age of rush, narrated by former vp mike pence, on fox nation. you if these beautiful idaho potato recipes are just side dishes, then i'm not a real idaho potato farmer. genuine idaho potatoes not just a side dish anymore. always look for the grown in idaho seal. is now a good time for a flare-up? 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'cause i do things a bit differently. wet teddy bears! wet teddy bears here! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ steve: 8:30 in the east meghan markle's dad, that's him right there, speaking out for the first time since prince harry and the dutchess of sussex explosive interview with oprah. carley shimkus joins us with more on the fallout over the royal tell-all after harry and meghan blew up the family. >> yes, steve and mums the word when it comes to prince harry and meghan markle's bombshell interview, at least for the royal family, while leaving the vaccination center in london prince charles declined to comment when asked for his thoughts he stopped, looked up but then turned and walked away. markle's father much more talkative, thomas, appearing on good morning britain, saying he does not believe his daughters allegations of racism within the royal family. >> i don't think the british royal family are racist at all. i don't think the british are racist. i think los angeles is racist, california is racist, but i don't think the brits are. reporter: several claims markle made during the tell-all now being called into question and the couple revealing they were married in a private ceremony three days before their $43 million marry tail wedding but a victor for the church of england writing, you can't get married twice so what was the thing three days before and if it was a marriage, what on earth are we doing playing at prayer holy matrimony for camera s? a spokesperson confirming uk prime minister boris johnson did watch the interview when it aired across the pond last night , but would not be commenting either. so, two no-comments from two very important people, steve. steve: probably a good idea at this point. >> probably for the best. steve: carlie thank you very much have a great day. brian: now for something totally different. one massachusetts school reversing their decision to cancel fall sports. it was all because of the meeting the superintendent had with two student athletes. one of those students is alicia habib, a senior at and she joins us now with her dad, david. alicia, first off, how tough was it knowing that your fall sport was not on this fall? >> it was very disappointing, and very shocking. the school supported us throughout all four years so for this to happen we are very shocked. brian: were you back at school? >> yes, so we're going in hybrid two days a week. brian: so you were going in, so they weren't listening to you then. how tough was it, david, to know how much this means to your daughter, she excells at athletics and she couldn't play? >> well as a parent it's very disappointing to see your daughter work so hard and to miss out on her senior year, and not just her but so many other students that i've got to know over the years, and to see their dreams just crushed, it was terrible. brian: so you're a three-time varsity volleyball captain also basketball as well as softball and they are denying this , so what, alicia, how did you take things into your own hands to make sure the superintendent, the athletic directors know what they are doing to you guys? >> another student, aidan bull, setup a meeting and i went along with him and we had the meeting with superintendent lynch and we went into the meeting and we wanted to know why and what we could do to help the school with this process. brian: what did they tell you about what was going into not letting you play? >> it was more than just budget and -- >> facilities. >> i'm sorry, thank you. so it was just like i'm so sorry >> there was several different issues to come up from the facilities, locker room space on the field, with three sports going out there, boys and girls soccer and football, so they went from four fields down to one, because we only have one turf fields the others are natural grass, so it was a bunch of issues and obstacles that had to be worked out. brian: but alicia i don't know about in your state but in our state and most states, private schools are playing. so it's the public schools that weren't playing and that's the problem. we knew it could get done so listen, tell me if you can relate to this. they did a study about the impact of losing sports for students. 68% of the students surveyed reported feelings of anxiety and depression. would you say that lined up with how you felt, you and your teammates? >> absolutely. that was one thing we brought up to superintendent lynch that it's more than just a sport. it affects students in the classroom, you know, a family that they have outside of their house, and that other students and their teammates have a reason why they keep up so well so absolutely. brian: so now, it's get all the sports together quick, spring, winter, and fall, what are you doing now? >> so all other sports beside volleyball started yesterday, being monday. volleyball picks up thursday, and then we're getting on with our games. brian: david what's the moral of the story? >> well the moral of the story is never give up. you know, it's better to try and fail than never to try at all but just keep working at it. brian: don't you agree, alicia, it's more than a game, for people on the outside, they are saying what's the big deal about sports during a pandemic. what do you tell them? >> it's more than just a sport. it is the mental state as well, it helps students, it's the motivation that they want to get up in the morning and continue on with their day, that that's the second family that they have and it gives the students the support they need. brian: and now you got it and it shows you can take action and hopefully you could change your college essay now and add this to it. certainly your college resume as you try to get a job over the summer. alicia habib and david, thanks so much for telling your story everybody can relate to. >> thank you, brian thanks for having us. brian: and you won by playing good job. meanwhile straight ahead it was a story that shocked the nation a 10-year-old allegedly tortured and killed by his own mom and her boyfriend and now la county 's progressive da won't allow prosecutors to pursue the death penalty. the outrage boiling over, that story next. bike shop please hold. bike sales are booming. you need to hire. i need indeed. indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from our resume database. claim your $75 credit when you post your first job at indeed.com/bike. introducing the new sleep number 360 smart bed. it's the most comfortable, when you post your first job dually-adjustable, foot-warming, temperature-balancing, proven quality night sleep we've ever made the new sleep number 360 smart bed, from $999. plus, 0% interest for 48 months on all smart beds. only for a limited time it's an important time to save. with priceline, you can get up to 60% off amazing hotels. and when you get a big deal... you feel like a big deal. 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murdered allegedly by his own mother and her boyfriend. back in 2019 prosecutors vowed to seek the death penalty. brian: now new outrage that will no longer face capital punishment as part of la da's george gascone's criminal justice reforms. steve: well our next guest had sued the da over his soft on crime policies and is part of the effort to recall him. la deputy district attorney joins us right now from la. john good morning to you. >> good morning. thank you for having me. steve: you would think that this be an open and shut case, because the decision was previously decided and announced by the committee based on facts of the case, so there's no question this happened, but now, the punishment is what he's changing. >> i mean, you're exactly right , and it's really really a sad day in los angeles. in 2012, millions of angelinos voted for the death penalty and again in 2016, millions of angelinos voted for the death penalty. we now have a district attorney who is pro-criminal, anti-victim , who refuses to follow the law. this specific case for 10- year-old little anthony a valos, this specific case the decision was made by a committee through a rigourous process. this happened over a year ago, with discussions with the family , taking into consideration the mitigation of the defendants, taking into consideration any evidence that the defense attorneys presented. this case was presented to a court. it was put on the record in front of a judge. it was announced to everybody and so you're now taking a case and just turning it up side down you're basically telling the family members that you don't care about them and you're just revictimizing them. it's sad. ainsley: what happened to this little boy? >> according to all the evidence, and i did a grand jury, it was over a three-week grand jury and the grand jury was made public and according to the evidence, anthony avalos was tortured over a long period of time. he was forced to stand in a corner, he was forced to have his knees placed on uncooked rice, he was beaten repeatedly, every single day, he was staved, he was isolated, he was called all sorts of names, he was injured from head to toe. the evidence presented to the grand jury was very very clear. not only that, it was made public so everybody could see it's a very transparent case this is not a case where the decision is very very clear. it's clear. brian: alex bastian, special advisor to gascone told fox & friends this. the death penalty does not make us safer, and fiscally responsible for the families and victims through decades of appeals for a sentence that will never be imposed in a state with a moratorium and it has not shown to be a deterrent and there for lacks public safety value that would cost taxpayers $300 million for execution. that is why da gascone has done away with the death penalty soon enough the rest of the country will follow suit. your reaction? >> first, you should never put a price tag on justice, especially when you're talking about a little child. more important, george gascone believes if you murder and torture a child, you could be rehab rehabilitated. i want him to get on this show or any show and tell all americans what program is in state prison to rehabilitate a person who murdered and tortures a child. there is not one program. the death penalty is a deterrent its been approved and voted on by many individuals, including here in california and so he's just wrong. steve: all right, let's see what happens: jon hatami, thank you very much for giving us your point of view. >> thank you so much. steve: quarter before the top of the hour, ainsley. ainsley: let's hand it over to j. d. hey, janice. >> janice: good morning, yes, we've got a nice warmup for much of the country. the eastern half of the country, 20-30 even close to 40 degrees above average, especially for the northern plains and the upper midwest, so current temps a lot of 40s on the map getting close to 50s even across the northeast 60 in dallas, we've got 42 in minneapolis, we're going to get into the 60s for chicago, we do have some activity across the west, coastal rain, mountain snow, several systems pushing into the pacific, some of that energy is going to move into the plain states over the next 48 hours, and then we could see the temperatures plummet and then some of the snow getting into some of those areas that are going to break some records today so that's what happens sometimes in the spring. we've got the forecast precipitation maybe two feet of new snow for the sierra nevada ahead of this though, wildfire danger, breezy, dry conditions, and those warm temperatures are going to help fuel the wildfire danger, but, looking pretty good 60s in new york, 67 in chicago, 65 in minneapolis, we will take it, enjoy! a preview of things to come, steve, ainsley and brian. >> [applause] brian: janice, thanks so much. hey, let me tell you what's coming up straight ahead a new film takes viewers back to when roe v. wade became the law of the land and the director says this movie gives you the facts about what led to the landmark decision we'll bring you the preview after the break. but steve: let's check in with bill hemmer for a preview of coming attractions. >> 61 in new york today what are you going to do? what are you going to do? brian: take my shirt off and run around. ainsley: i'm not going to do that. >> [laughter] brian: you too, bill? >> good morning, guys the white house forced to recalibrate on the border issue we'll talk to a mayor who sees that firsthand every day and we'll begin with a $2 trillion spending bill and an uncle grieving over his nephew shot and killed in portland after that city changed its police policy, his story in a moment. vaccinations are the story on the covid front we'll show you why today and a big day for dana. where everything will be okay. see you in 12 minutes top of the hour. before discovering nexium 24hr to treat her frequent heartburn, 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administration's policy that would limit arrests made by i.c.e. arizona's attorney general arguing the new rules would have devastating consequences, writing in part, "blindly releasing thousands of people is both unconscionable and a violation of federal law. to learn more about the lawsuit you can check out foxnews.com. >> and meantime the superintendent of los angeles schools says they're close to reaching a deal with the teacher's union to restart in-person learning this comes as a leaked post in a union facebook group warns teachers not to share spring break photos on social media. the utla says they don't monitor the page and aren't responsible for the content. the states earlier the union rejected a plan to return to in- person learning. steve? steve: jillian, a new film that comes out in april, roe vs. wade gives all of us an inside look at what we don't know about the landmark supreme court case. >> do you really want to know how abortion became legal in our country, i will tell you the true story. >> would you like to have a right to life group? >> dr. bernard nathanson's clinics is performing 1,000 abortions per-week. that's why i'm taking up the fight. steve: nick love directed and starred in the film and he joins us nick, good morning to you. >> good morning, thank you so much for having me, steve. steve: you know, everybodies heard of roe vs. wade, you know, it codified a woman's choice to choose but a lot of people don't know the back story and that's what you wanted to tell people. >> yeah, i mean, we wanted to make a movie that told the story of how roe came to be and how it was really decided. when i first went to go make the movie, and i'd heard about roe vs. wade the first thing i thought is why would i want to make a pro-choice movie because really, everybody knows about roe is the women's right to choose but nobody really knows the whole story of how it got there and it was really decided. steve: what is for the person whose watching right now, what's one thing about the decision that nobody knows? >> well, the case was heard twice, and once in 1971 with seven justices and once again in 1972 with nine justices, and two of the justice members had family members working for planned parenthood when they made the decision. it's one of the things that you learn in our movie. the movie is really a conspiracy movie almost like oliver stone's jfk, and this is why it's also entertaining why we wanted to tell the story. steve: i was watching the extended trailer last night. it looks terrific. one of the movies main character s is dr. mildred jefferson whose played by stacey dash, and you know, she was the first african americans woman to graduate from harvard medical school. she be an icon except she's pro- life. >> that's funny that you say that, steve. i say that all the time. any african americans that break barriers are talked about constantly. i mean, dr. mildred jefferson was the first african americans woman to graduate harvard medical school. if she was pro-choice today everyone would have heard of her but because she's pro-life and was the second president of national right to life no one has heard about her and she was a huge force in the movement and to start the pro-life movement. steve: well the film looks terrific, the headline for the hollywood reporter is it's not a preachy pro-life religious movie. >> yeah, i mean, the whole goal of the film was to really capture the other side. we didn't want to come out and make a typical faith-based movie we wanted everybody, you know, who was pro-choice in the middle , really just to layout the facts of the film because the whole point of it was to really tell the truth, and hopefully that'll change hearts and minds. steve: all right, roe vs. wade comes out on april 2 and you can check out the entire trailer at foxandfriends.com and it'll come out on itunes, amazon and other platforms as well. nick, congratulations we'll have you back just before the premier >> thank you so much and you can also find out more about the movie at roe vs. wade.com and i really appreciate you hav ing me on. steve: all right thank you, sir. we'll step aside and be right back. germ proof your car with armor all disinfectant. kills 99.9% of bacteria and viruses. trelegy for copd. ♪ birds flyin' high, you know how i feel. ♪ ♪ breeze drifting on by you know how i feel. ♪ ♪ it's a new dawn... ♪ if you've been taking copd sitting down, it's time to make a stand. start a new day with trelegy. no once-daily copd medicine has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. it also helps prevent future flare-ups. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, 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tripled in just the last 14 days. stunning numbers. hope you have a good tuesday. bill hemmer. welcome to our program. >> dana: i'm dana perino. border agents encountered a migrant at the border, 78,000 times in january. more than double the rate from last year and the most in any january in 10 years. senator tom cotton blaming president biden's open border policies. >> we have a crisis at the border. the biden border crisis.