governor greg abbott say the situation that now needs disaster relief apparently, is president biden's fault but democrats like house speaker nancy pelosi blame former president trump while joining biden in refusing to label it a crisis. >> the biden open border policies that are inviting even more illegal immigration and actually have created this humanitarian crisis. >> this is a humanitarian challenge to all of us. what the administration inherited is a broken system at the border and they're working to correct that in the children's interest. >> it is entirely you cannot notice the administration changes and there is a surge. the 11-year high for crossings without documentation at the border was in the middle of trump's presidency. is idea it is joe biden's election that prompted more people to show up is belied by the actual facts. >> harris: more now. kevin mccarthy is leading a delegation of one dozen republicans to the southern border today. casey stiegel is live along the border in mcallen, texas, casey. >> good to see you. as you heard plenty of finger pointing to go around in terms of who is to blame for this escalating situation down here. right back here behind me is a part of the border wall in mcallen, texas. to give you a better perspective let's go to the sky courtesy of the fox news flight team drone. you can see that the wall itself does not actually run for miles and miles and miles like a lot of people might think it would. it actually has brakes -- breaks in it and the smugglers exploit the gaps funneling traffic through those points including children and families. texas governor greg abbott says he does not understand why the feds are acting so dismayed over how this happened in the first place. >> so it is a fact that they are overwhelmed but what is stunning is they express surprise and shock about the fact that they are overwhelmed when the border patrol themselves and everybody in texas has known this is coming. >> even as new temporary housing facilities pop up like this one to accommodate the surge, bed space is still extremely limited. one of the reasons behind fema now stepping in to quote help safely receive, shelter and transfer these migrant children. gop delegation, by the way, will be in the el paso area today led by house minority leader kevin mccarthy, the 13-person team will be meeting with commanders, agents, people here on the ground, also touring one of the processing facilities. harris. >> harris: casey stiegel, fox flight drone gave us such an interesting perspective of how big those gaps are in that fenceline. thank you very much. i want to bring in pete hegseth, "fox & friends" weekend co-host. as i was just talking about, this is a national sovereignty fenceline. it has been there a long time but didn't get finished because this administration says no more building of the wall. but it's a fenceline. we have it along the border in many places. the gaps are so big you could walk a football field team through that, you could drive trucks and do whatever you need. it is not a matter of sneaking into the country illegally. look at that. >> no. before there was any wall at all that resembled that it was all wide open. this was meant to create one of many deterrents for people to hop across the border. again, not about being against immigration, it is about border hopping and illegal immigration, jumping in line, not to mention human trafficking and drug trafficking which when it goes unchecked leads to countless human suffering, not just at the border but inside our entire country as well. the unfortunate reality. i don't want to be partisan about this. you don't have to be. either you care about enforcing our laws at the border or you don't. either you are sending a message don't come unless you want to come here legally or you are effectively saying we'll stop border construction and leave holes and end migrant protection protocols that are successful so you wait in line until your case is adjudicated to decide it's legitimate instead of catch and release where you are let loose and very few people come back for those or maintain relationships with the countries to disincentivize people for coming or stop doing that as the biden administration has done. you talk to borderness. lack of seriousness about addressing the problems. we saw it on the sunday shows instead of addressing it, it becomes a blame game and use of new phrases. kids in cages when it was the trump administration. now it's facilities similar to jail or soft sided facilities. they try to rephrase something that is the same. it has gotten worse because if you have a child unaccompanied or with a family, it is a golden ticket into the united states which means they are sending more kids on this perilous journey. >> harris: you make the point this is not partisan. we know that partisan players will fight. fighters are going to fight on capitol hill. that's what they are going to do, right? as you get into other parts of america what you are saying is true. we're a country built on immigration and immigrants from all over the world and a beautiful thing about america. it is not if you are criticizing the situation or noticing flaws in the situation on behalf of the migrant children and americans right? you can see it clear eyed with big hearts in both directions. but what we are for is a nation is legal immigration. how do we know? we have security checkpoints where you can come in and that's where you say i want to do asylum and where you communicate with the national security forces that we have down on our border. coming through holes in walls is not what was meant to happen. that's how you can spot it as being illegal. >> absolutely. or paying $1200 as our reporters have revealed on the border to criminal cartels in trans national gangs in mexico so you can deliver illegally a migrant to a border patrol agent at the border. we are the end state of a long transaction with human and drugs being a part of that. no one believes that's the way we should be entering or accounting for people in our country. there is a system. it exists for a reason. but the dangerous part of what the biden administration has done is sent mixed signals which like the holes in the wall you can drive a truck through. you can come to america just don't come yet. we're not ready yet but the message should be don't come unless you plan to come here legally. this is the process, follow it. it is inhumane to create confusion that creates a flood. kids in the middle of it exploited by traffickers and you have a real humanitarian crisis on your hands. whether you want to call it or not. when fema shows up, harris, it is a disaster, it is an emergency whether you want to call it that or not. >> harris: pete hegseth saying come, just come legally very clear. thank you for your time. appreciate it. good to see you. more on the crisis now deserving disaster assistance. i'll talk with texas congressman chip roy coming up. at his facility where he is at the border today we'll talk about those conditions for children. it is horrific in some of the things happening for these kids on their way here as well. along with a border rancher who says all of this is hurting business and in her particular case endangering her family. vaccine politics. what dr. fauci says he finds so disturbing that he is calling for former president trump to step in. he needs trump's help. as the accusations grow against governor andrew cuomo two big democratic names, they're big in the party. still giving him cover. at least for now. why? 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>> we should see the results. he may decide. hopefully this result will be soon and what i'm saying is the governor should look inside his heart. he loves new york, to see if he can govern effectively. that could be one of the considerations that he has. >> harris: power panel. mercedes schlapp. kevin walling. democratic strategist and former joe biden campaign surrogate. great to see you both. kevin. i want to start with you. curiosity around the fact the president of the united states has waited so long to even say anything about this when he was so quick to call governor cuomo the gold standard a few months ago. why do you think that is? is it a good idea or should he say more? >> it's a great question and good to be with you. i think the president and speaker pelosi are giving governor cuomo some space this week even in the next hours to make the right decision to step down. he has lost all ability to govern effectively. i think not just in terms of the nursing home scandal but the seven accusations of these seven women that have come forward. i think the president andrew cuomo is a prideful guy and the president is giving him space to do the right thing as is speaker pelosi. >> harris: it is not my job or place to prophesy but pride before the fall is in the big book. it was a very transparent answer. you mentioned possibly giving him space of hours, very interesting detail. mercedes. >> i have to tell you when it comes to the democrats and how they treat republicans it is so different. it was nancy pelosi who basically criticized president trump when he was being accused and said the president has broken the me too move. it is interesting now to see the democrat leadership like joe biden and kamala harris and nancy pelosi tip toeing around the issue of governor cuomo. david mentioned it is not just about the sexual harassment charges. it is more importantly about this cover-up on the nursing home scandal and so when you have a candidate or a leader basically dealing with two big scandals right now, that is a huge distraction making it very difficult for governor cuomo to continue to lead the state of new york. >> harris: words matter coming from the highest proper fill democrats. the view the talk show in 2019. biden was talking about his treatment of anita hill and said this about brett kavanaugh and the accusations against kavanaugh. >> president biden: supreme court hearing is not a trial it is a job interview. you don't have to prove beyond a reasonable doubt anything why you shouldn't put so and so on the court. >> harris: before we move on i want a quick reaction, kevin, from you. >> i think to mercedes's point there has to be a consistent set of rules for democrats and republicans. president trump was accused by two dozen woman, varying degrees of sexual harassment and condemned across the board and we need republicans to condemn that. i'm pleased to see so many democrats come forward and condemn it. regardless of which party is power -- >> harris: is it so many? it took kristin gillibrand who is in the state of new york, is it so many? it's a question. i want to move on to this "wall street journal" editorial board says democrats see governor cuomo as expendable. they write this, the left can make its hard turn against mr. cuomo now because he is expendable. he was important as a spokesman against president trump. now that democrats run all of washington and progressives are in power mr. cuomo is no longer useful. they want him gone without a fuss so this doesn't extend into 2022. your take, mercedes? >> first cuomo was one of those polar opposite critics of president trump. he was one of these tough new yorkers who was always willing to criticize the president. but he made a lot of enemies in the process. one of his major enemies new york mayor deblasio as we know. so he has lost a lot of this support that he needs to survive these scandals. you know, but again he was viewed as that golden standard when it came to the governor and why you see joe biden really be very quiet on this issue despite the fact they've been so critical on the other side. and you are right. right now at this point they don't necessarily need cuomo. he went from being a rising star, someone they talked about even possibly being attorney general under the biden administration to all of a sudden he is not needed anymore. when you have schumer and gillibrand saying it is time for the governor to resign, he is in a very lonely position right now. >> harris: all right. quickly before i let you go kevin a word from you. you said they are trying to give cuomo space. does he deserve space? you mentioned the nursing home situation. they didn't give space inside those senior facilities because of a policy that cuomo had in place putting positives in the nursing homes. >> a good question. we want the governor to step down. the right thing to do. he is a prideful guy. it is in the bible as you rightly point out. maybe that's the winning strategy to get him to do the right thing. >> harris: kevin and mercedes, thank you so much. dr. anthony fauci says it's not about policy when it comes to getting the vaccine shot, jab. why he says former president trump needs to get involved. he needs trump's help. and this. [people chanting open schools] >> harris: protests by parents frustrated with remote learning. a new study suggests classrooms can safely reopen with fewer than six feet of social distancing. will that be enough for teachers to go back? all this dr. marc siegel is with me next. ♪ ♪ it's a wishlist on wheels. a choice that requires no explanation. it's where safe and daring seamlessly intersect. it's understated, yet over-delivers. it is truly the mercedes-benz of sports sedans. lease the 2021 c 300 sedan for just $449 a month at your local mercedes-benz dealer. ♪ ♪ if you're 55 and up, t-mobile has plans built just for you. get 2 unlimited lines for only $70. and now get netflix on us with your plan. and this rate is fixed, you'll pay exactly $70 total. this month and every month. plus, switch today and get a free smartphone for each line. the best value and award-winning customer service. only at t-mobile. >> open schools, open schools, open schools. >> harris: parents and students protesting in the nation's capital over the weekend demanding teachers go back to the classroom and dr. anthony fauci is throwing his support behind a new study that says three feet of distancing, not six, three are enough for children and teachers to safely resume in-person learning along with other precautions, mask wearing and other things. he could soon hear more about this from the cdc. >> cdc is very well aware that data are accumulating making it look like three feet are okay under certain circumstances and they're analyzing that and within a reasonable period of time, quite reasonable, they will be giving guidelines according to the data that they have. it won't be very long, i promise you. >> harris: not very long, it has been a year. dr. marc siegel author of the book covid, the politics of fear and the power of science. makes you want to reread your book the power of science. i know that they are in different jobs, fauci and cdc. don't doctors talk to each other? three feet is all that's needed. let's hold a news conference. how hard is that? >> i agree with you. there shouldn't be this delay especially since cdc published data out of wisconsin months ago that already showed this. practically speaking three feets works in schools, right, six feets doesn't. kids won't stay six feet apart. more than half schools are in closed or hybrid situation that isn't working. this study out of boston university and harvard is huge, though. 250 school districts, 500,000 kids, 100,000 staff and they definitively showed that three feet did not lead to more covid-19 spread in the community than six feet. not only that, once again showed that schools have less of a risk of spreading covid than communities. but to your point, we knew this already. this demonstrated it at a tremendous level. it is science that we already knew. >> harris: this week i read they will start to test students in chicago schools so i know they aren't doing it for study purposes. we'll learn even more how children fit in just from them getting back into it in testing the kids. dr. fauci is also calling on former president trump to urge his supporters to get vaccinated after a recent study found nearly half of republican men and 47% of all trump supporters do not plan to get the shot. watch. >> the numbers that you gave are so disturbing how such a large proportion of a certain group of people would not want to make -- would not want to get vaccinated merely because of political consideration. it makes absolutely no sense. it would make all the difference in the world. receive a very widely popular person among republicans. if he came out and said go and get vaccinated, it is really important for your health, the health of your family, and the health of the country. >> harris: so you need trump's help, dr. fauci. but back on the campaign trail it was then vice presidential candidate kamala harris who cast doubt on the vaccines. >> if the trump administration approves a vaccine before or after the election, should americans take it and would you take it? >> if the public health professionals, if dr. fauci, if the doctors tell us that we should take it i will be the first in line to take it absolutely. if donald trump tells us that we should take it, i'm not taking it. >> harris: that's a problem. now fauci wants trump to tell people to take it. how much damage did she do, by the way, with that? >> she did a lot of damage. president biden also. dr. fauci was casting apersians on president trump and his relationship with him. it may be not exactly the right thing. dr. fauci won't be able to appeal to president trump personally on this. it wouldn't be a bad idea if the former president said this. you know what i think would really work? if republicans believed that getting the vaccine would lead to getting rid of regulations superimposed that caused tremendous amount of damage. >> harris: you don't think they believe that? >> not fully. i bet the group that doesn't want to take it is questioning that. a lot of the lockdown talk is there and restrictions. in this segment we're talking about schools not being open. i like the idea of doctors talking personally to their patients and saying this is a heck of a lot better than covid. this is a day or two. so it is not about politicians and even about dr. fauci. it is about your doctor talking to you and explain how great and safe the vaccine is versus covid. that will work. that republicans believe they will get less restrictions and less regulations which the science backs up. >> harris: you and i have talked about gaming it out for doctors and health professionals, maybe doing zooms with big groups of patients. not getting personal. there is hipaa. trying to reach as many people as possible with the science. the power of having dr. siegel and his science on the show now. thank you, good to see you. parents are pushing to reopen schools. we see and know that. some california districts are talking about using covid relief funds for teachers' bonuses. plus with the border crisis so bad the biden administration is sending in fema. again the disaster relief agency is going. we'll talk with texas congressman who is visiting a border facility today. and a texas rancher who says human smugglers have been driving right onto her property next. here's exciting news for veteran homeowners who need cash. refiplus from newday usa. it lets you refinance at today's record low rates plus get cash. with mortgage rates low and home values high refiplus can help you lower your rate plus turn your home equity into an average of $50,000. money for security today. money for retirement tomorrow. refiplus from newday usa. keeping your oysters business growing has you swamped. 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 a resume data base claim your seventy-five-dollar credit when you post your first job at indeed.com/promo sure, your health insurance tells you to see a doctor but, um, look around. these days it's not that easy. you're telling me. but humana helps make it easy. human care gives you tons of ways to talk to your doctor: phone, computer, in person, or tablet. hey jean! hi! this is just a quick follow up. your numbers are looking great. you don't even have to put on shoes. ooo! easy peasy. you like that, huh? mhm. humana. a more human way to healthcare. >> harris: today house republican leader kevin mccarthy and other members are about to tour a migrant processing facility in el paso texas and also briefed by the border patrol. the surge of unaccompanied minors coming into the united states is simply overwhelming. one facility in south texas is more than 700% over capacity. children there are sleeping on the floor never getting sunlight. and they are hungry. conservative -- kids are only able to shower every seven days. if this were happening under trump it would be breaking news and endless coverage. why does the media ignore it when it happens under joe biden? this. ranchers at the border say the crush of migrants is destroying their businesses and terrorizing them as they fear for the safety of their families. congressman chip roy, republican of texas, is touring a different migrant facility today and can tell us about it. also with us emily lord king. south texas rancher and border resident both join us from texas close to the border. representative, thank you for being with me. stand by. i want to go first to emily for the en -- endangerment. emily, welcome to the program. >> thanks for having me. we just saw a change overnight. i don't feel like law enforcement was prepared for it. i don't think they have the resources. and now we have human smugglers driving right through fences onto our property. they are not apprehending everyone that's in those vehicles and they are left on our property running loose. we don't feel safe. it changed overnight for us. we had one incident in the last four years and we've had one a week since middle of january. >> harris: we've been talking with other ranchers and they are coming forth, too. new mexico rancher russell johnson on waters world joined republican law makeser calling for a completion of the border wall after biden halted construction of it day one of his presidency. let's watch. >> it's a horrible feeling know that your ranch, your property, your family is the funneling point of all the traffic coming through this area now. this gap is right south of my house. >> if you could tell joe biden something, what would you tell him right now? >> i would tell him do the right thing. finish is wall project. >> harris: congressman chip roy is with us now. first of all, just respond to that if you can and i've heard republicans say this is squarely on joe biden's shoulders now? >> there is. one thing changed in the last couple of months. the incoming biden administration. i'm standing outside another a facility run that contracts with hhs. they're at capacity tonight. they'll have 950 kids in there. a good chunk are positive with covid. all a direct result of a wide open borders policy. failure to finish the fence and turning dhs to a welcome mat and encouraging more dangerous journeys for kids. they come here and here is the dirty secret. pretty soon at some point these numbers of these packed facilities will go down and they'll go down because the biden administration will start increasing catch and release. all being done at the danger of american citizens. i hear from ranchers in my district. a mayor is talking about high speed chases that go through the heart of his town. 22 high speed chases just last week. americans are in danger, immigrants are in danger. the biden administration's's all for crass political purposes. >> harris: you said a good chunk of these children are positive with covid. we're testing these people, that's true. talk to me about that and then this idea of fema coming in. i thought fema goes to hurricanes and tornadoes. it's a disaster now if fema is going in. >> you hit the nail on the head. the administration is saying no emergency or crisis. they go to midland, texas, to open a facility being run by fema to be able to deal with the overflow of these kids. this facility will be full and figure where to move kids to. we have a significant number of children and adults positive for covid. they have set aside the title 42 requirements to stop people with covid at the border or children. that's why there are dozens in the facility in tents right behind me with covid. i will meet with border patrol tonight and get a more up to date dt k*t what is happening in laredo. title 42 and the what the trump administration was able to do to hold the line, biden administration is figure out how to open up the flood gates further. >> harris: emily and congressman, thank you very much. appreciate your time and perspective. please update us congressman, you have a lot going on there. president biden continuing his victory lap now for his massive 1.9 trillion spending bill that's now passed. but now on to the next thing. it could mean the biggest tax hike in decades. how much and which americans are about to get hit potentially? 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you have to pay your fair share. >> harris: that's a good thing. he wouldn't have gotten campaign donations if it weren't for wealthy people, right? blake, will the president be able to sell the american people on a tax hike in the middle of pandemic. >> democrats in washington are talking about a tax increase both on the more wealthy individuals and also on corporations as well. the next big ticket item legislative item for democrats in washington is an infrastructure package. the house speaker nancy pelosi this weekend said that paying for that could come with tax increases. >> we'll look at everything. we'll look at the tax bill, appropriations process, we'll look at bonding in materials of build america bonds enabled us to do so much under president obama and vice president biden. we'll take a look at those. but again we want to be fiscally sound as we go forward. >> some democrats like warren and sanders have called for what they describe as a wealth tax. they envision a 2% increase of wealth over $50 million and 3% over a billion. the treasury secretary janet yellen said it is something the administration hasn't made a decision on just yet an pointed to other tax increases the president has called for. >> he hasn't proposed a wealth tax but he has proposed the corporations and wealthy individuals should pay more in order to meet the needs of the economy, the spending we need to do. >> back in washington republicans are sure to fight any substantial tax increase. as we saw with the $1.9 trillion american rescue plan the politics are as follows. if democrats want to go forward, band together, use the process known as reconciliation to get a spending bill across the line, so long as they don't lose many members in the house and keep all 50 democrats in the senate it is something potentially that they could do going forward again. >> harris: thank you very much. more outrage at the controversial los angeles district attorney as he speaks to ban lifetime parole and get rid of special charges that would put killers in prison for life. where are we going here? 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really? i didn't-- aah! ok. i'm on vibrate. aaah! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> harris: the controversial district attorney of los angeles county is firing back at his critics who called some of his reform "pro-criminal policy." the d.a. tweeted this. "here in l.a. we are seeing a backlash, law enforcement unions and other tough on crime types." from fearmongering to scare tactics, we are watching history repeat itself but this time reform will prevail." family of a 20-year-old would disagree, he was brutally murdered in 2018, stabbed and beaten repeatedly and thrown off a cliff. his mother, outraged after learning of the dismissal of special charges against some of her sans' suspected killers which would put them away for life without parole if convicted. >> it's not in any way being encouraged by the media, encouraged by law enforcement, like you said, or tough on crime groups. seriously, this is a mother speaking here, i am a victim's mother and i am fighting for my son, i am fighting for what's right so he cannot put any blame on anyone and this is sickening to hear what he has to say. >> harris: a lot of people are willing to fight with desiree andrade for what's right, the district attorney is now facing a recall effort, power panel is back now, mercedes, kevin, i come to you first for your topline thoughts on this playing out. >> i will first tell you, here at american conservative union we've been strong advocates of criminal justice reform but our goal with these reforms are always about improving public safety. that's not the case with this l.a. district attorney, reason being is that he is putting ideology, the ideology of economic justice, social justice over public safety. he is funded by george soros, pushing progressive policies that even you had judges rule against him on ending the sentence enhancement which they view as unlawful and so what we are finding right now is that l.a. are the ones who are going to have a negative impact having him in power. homicide rates increased to about 108%, that number up here in 2021, compare that to 2019. so, harris, i've got to tell you, if we go down this pathway of having these district attorneys who are weak on crime, it would negatively impact our community, their community, particularly the minority communities who suffer with these higher crime rates. >> harris: so kevin, where is your party going right now? where are democrats who are far left and this progress of doing things like this district attorney in terms of policy, where they want to take the rest of the people? >> harris, that's a good question, the d.a. can defend himself, i'm not here to defend him or his policies but he's taken a plate of the donald trump label, he campaigned on all these changes that he wanted to make for l.a. county. >> harris: wait a minute, donald trump is not at all for relaxing criminal reform to the point where you've got desiree andrade and others in california calling for the recall of the district attorney. >> agreed. >> harris: the answer to the question is going to have to do more than "i don't want to defend this guy." very few people want to defend this guy right now in your party because this is a hot mess sandwich and it's dangerous. but the point is, kevin, why does your party look like this in some places? pro-criminal policies, that's how people are looking at this. >> the argument i was trying to make was that he campaigned on this issue, on all these changes and was elected similarly to what donald trump did during the campaign and delivered on what he promised for that campaign, that's a parallel i'm making with donald trump in terms of issues. but in terms of -- >> harris: is who you are as democrats now? >> harris, i think there are some merits in terms what he's doing, taking on mass incarceration, not trying juveniles as adults, any changes in criminal justice are going to inherently spark this kind of controversy. are there some merits? sure. are there some problems? absolutely let's have a dialogue in a conversation and condemn things that aren't right. >> harris: they are going to have a dialogue in california, they have a whole recall effort going. kevin, mercedes, thank you so much. i've got to go, "the faulkner focus," we are up next with "outnumbered." fox news alert now, new york governor andrew cuomo is set to make remarks this hour. the governor, as you know, is embroiled in multiple scandals. one surrounding his handling of covid-19 patients in nursing homes and deaths. and several allegations, seven women now coming forward, allegations of sexual harassment. right now, 26 federal and 135 state lawmakers are calling for cuomo to go, step aside or be impeached. we will keep you up-to-date on that event. this hour, we will hear from gove