sworn overnight. up next va secretary nominee david to be confirmed this afternoon. ben carson for department of housing and urban development and former texas governor rick perry. heather: appealing the immigration ruling. this as homeland security confirms that the majority of illegals rounded up are violent criminal offenders. kelly wright here with more development this is morning. rob and heather, good morning to you. president trump facing a new legal hurdle over executive travel order, a virginia judge says it violates the constitution putting a temporary injunction in place and citing religious bias. just last week a federal acourt holding restraining order that prevent it is order from being enforced nationwide. now the president s team is