donald trump. we are live in dc is republicans say there is 0 chance of a conviction. "fox and friends first" starts right now. shannon: the second this song started playing, i have no idea what it says. how do you know this? >> the only song i know of, a big superstar and i feel remiss in not knowing more about her. that is why i yelled it out like i yell out things. a big star. shannon: good morning. you are watching "fox and friends first" on tuesday morning. todd: the new commander-in-chief has a new approach to immigration. the white house press secretary pressed on not reporting illegal immigrants. shannon: ice may soon be asked to follow. >> reporter: nothing is set in stone but one thing is for certain, the rules will be different from the last four years under the trump administration. isolation new guidance savings illegal immigrants from deportation. including those convicted of what are being, serious offenses. ice will be focusing more resources on national security issues and high-risk individuals like suspect and sex crimes and gang members. >> priority for the enforcement of immigration laws will be those posing national security threat, public safety threat and recent arrivals which no one is saying duis or assault are acceptable behavior and is arrested for such activity should be as appropriate by local law enforcement but we are talking prioritization of who will be deported from the country. >> reporter: along with drunk driving tax fraud, simple assault, drug offenses and limitation are crimes that would no longer mean deportation. ken cuccinelli, a former acting dhs secretary weighing in. >> they are trying to basically say you didn't provably murder or rape somebody you don't get deported. that doesn't leave ice a lot to do and yet we have 11 million, maybe tens of millions of illegals and they are inviting hundreds of thousands more who are rushing our borders creating as we said they would a humanitarian crisis. shannon: texas sheriff a day louderback accuses the federal government of promoting a lawless attitude that will get americans hurdle kill. to make matters worse he says illegal immigrants are being released from custody without a covid-19 test. >> in the haste to open the border for everyone in this country, this is something i expected to some degree. the covid-19 issue conveniently overlooked this time. >> reporter: this all coming weeks after a federal judge in texas put a temporary hold on president biden's 100 a pause on deportation. todd: a lot more on immigration issues for the next two hours, thank you. jillian: lara logan said it is clear the change in administration is having a big impact on illegal immigration. >> del rio, up from 2476 in the week before biden's inauguration, last week, 500099 apprehensions. up 924, 2106, that is all along the border, more than 50-60-70% increases, not just in the number of apprehensions but the number of known and recorded -- agents i've spoken to describing people literally just running past. >> reporter: president biden halted construction on the border wall. in a few hours the second senate impeachment trial of donald trump begins after both sides of the aisle agree to a speedy process. todd: griff jenkins has more on the trial's schedule. >> reporter: it is his story, the second impeachment trial, one article, incitement of insurrection. chuck schumer and minority leader mitch mcconnell agreed on a framework. here's what we have, starting at 1:00 pm today the trial kicks off with four hours of debate, the constitutionality of the trial itself followed by a simple majority vote to proceed. at noon tomorrow house managers will have 16 hours to make their case followed by 16 hours for donald trump's legal defense. majority leader schumer says there is one simple goal. >> senators will decide on the one true question. is donald trump guilty? >> reporter: some of those republican senators are pushing back. >> the president's actions were reckless, this snap impeachment raises questions about fundamental fairness, due process or more accurately the lack thereof. >> reporter: will there be any witnesses? none are scheduled to appear but house managers could call them if the senate approved to do so but they may also rely on witness testimonies being recorded. >> i intend to put into words every american can here for decades to come how close we came to losing our democracy. >> reporter: we are getting a preview of the former president's defense, nothing more than political theater following a brief -- mister trump use the word flight a little more than a handful of times and each time, a sense that has long been accepted in public discourse which it was not and could not be construed to encourage acts of violence. the bar to convict is very high, 67 senators have to vote against trump. they are nowhere near that based on where we believe they stand. if convicted, if he should be disqualified from holding office again. all of this as georgia's secretary of state is launching an investigation into the former president's phone calls to state election officials seeking to overturn the election results. we will see where that goes. shannon: fascinating to see how this plays out. >> drag out he says only democrats picked the dumbest impeachment article to go after donald trump on. >> i think the democrats in their haste to impeach this president for the second time picked the weakest of their arguments. i'm not suggesting they would have been successful on another argument but a much better argument is you were surprised the siege took place, what do you do once you learned it was happening? that is the better impeachment article. what did the president do once the siege began but they didn't want to do that, they picked the dumbest of all impeachment articles. what the president's lawyers are going to do is play those clips and say if you're going to start penalizing hot political rhetoric let's do it for both sides. >> stay with fox news channel is the impeachment trial gets underway this afternoon. >> now to fox news alert. and mary wilson, founding and original member of the iconic female tree you the supremes has died. love ♪♪ baby love ♪♪ i need you ♪♪ >> wasn't's longtime publicist said wilson died suddenly at her home in las vegas. along with diana ross, for the supremes and nearly 1960s, the group became one of motown's most successful acts and scored a dozen number one singles, wilson leaves behind a daughter, son and 7 grandchildren, she was 76 years old. todd: voting to on a plane to get teachers back in the classroom, the plan takes a staggered approach. of approved pre-k starts on thursday. kindergarten through fifth would start on march 1st. meantime some philadelphia teachers staging a pretty unusual protest, they bundled up and conducted lessons online outdoors. there it is. others staging a rally arguing buildings need more safeguards before students and educators can return safely. shannon: with the permit for the keystone pipeline revoked thousands of american jobs are expected to be lost. the biden administration is promising green jobs as a replacement. white house press secretary jen psaki appeared to mark peter doocy over the question. >> the biden administration will let thousands of fossil fuel industry workers will soon be out of work. when it is and where it is that they can go further green jobs? >> i certainly welcome you to present your data of the thousands and thousands of people who won't be getting a green job. next time you're here if you could present that. >> the laborers international union says canceling the pipeline will cause 1000 union jobs to, quote, immediately vanish and illuminate 10,000 more construction jobs. i bet the people with union jobs like an answer to that question. >> that he will bring a binder full of information. this is kind of fun. super bowl champs getting spooked by their ladies. ♪♪ todd: giselle and camille paritying the bad boys for my video after brady posted a similar on the left side of your screen following the nfc championship last month. they are fun. time is 11 minutes after the hour. a yale grad student, army veteran shot to death near campus. police investigating road rage as a possible motive. >> illegal immigrants convicted of assault may no longer be deported under the biden administration but our next guest is a father whose son was run over by illegal immigrant in 2010. he shares his frustration next. these folks, they don't have time to go to the post office they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the services of the post office plus ups only cheaper get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again. ♪ piano playing ♪ ♪ “what the world needs now” ♪ the only thing a disaster can't destroy is hope help now at redcross.org the priority for the enforcement of immigration law will be on those causing a national security threat, public safety threat and recent arrivals. nobody is saying duis or assault are acceptable behavior but we are talking prioritization of whose deported from the country. todd: the biden administration looking to crack down on ice agents issuing new guidelines to prevent arresting and deporting illegal immigrants in crimes like assault. jillian: john rosenberg's son was killed when an illegally immigrant ran him over in 2010. sorry for your loss, thank you for being here to talk about you heard the white house press secretary jen psaki talking about prioritization of the white house. tell me what you think the priority should be? >> the priority should be what they have been for the last four years which is anybody who commits a crime get deported and there is no reason they can't do that. the resources haven't changed, they just changed policy. you think it is self-perpetuating as letting hundreds of thousands of people, there will be more murders, more rapes and national security. they are making it happen. >> this is the latest guidance from the biden administration, crimes that were no longer lead to deportation, dui, driving under the influence, tax fraud, simplest salt, drug offenses and solicitation. how does this benefit americans? >> if you consider getting killed or raped a benefit, that is how it is going to happen to americans which i have been fighting this battle for 10 years since my son was killed and i see reports every single day. people they are talking about, they will go after murderers and rapists and they always had prior convictions. the murderer driving drunk and killing somebody or raped is never the first thing they have done. there was a study by the gao a few years ago that concentrate on california's illegal aliens in california, the average number of convictions, not charges, convictions was 6 each so all they are doing is saying we are not going to do anything until somebody has killed or raped. shannon: talk about the suspect in your son's case charged with felony vehicle or homicide, he didn't spend a lot of time behind bars, right? >> 33 days and that is a good example. in this case he was not drunk but that is a good example of what happens. the legal system is constantly reducing charges to protect these people and they will continue to do it. it is the formula for more death, more crime, more suffering and i don't understand why biden is doing it. i would like to see some charges brought against him, title viii section 1324, if you encourage or induce an alien to come or enter it and reside in the united states knowing they are coming and illegal that is a felony so let's see some impeachment charges brought up against him because this is exactly what he is doing and also people from ice. >> we know that would head in the current breakdown of washington and all democrat control. in the time remaining the number one argument we always here's why policies like this are put in place is it would make ice less scary for illegal immigrants coming forward to authorities because they won't necessarily have a fear of being deported. when i look at that ice having done multiple ride alongs with ice they are not going after that nice lady who is working 3 jobs and just trying to make a better life. they are going after the criminals. how do you respond to that? >> there is 0 evidence that that is what is stopping people from calling in crimes, 0. secondly there is not one recorded incidents of somebody who called in a crime who is illegal getting deported, no one has ever asked their immigration status. they make up things that sound good but there is absolutely no truth behind them whatsoever. you are right, ice is not driving up and down the street arresting gardeners, they are going after people who have committed crimes and their going after people not only committed crimes but i then being protected by sanctuary policy making it harder for them to arrest these people and deport them. shannon: thank you for joining us, so sorry for the loss of your son but he's with you every day and we appreciate you shining light on this story. an elderly man attacking california's chinatown in the middle of the day, the increase in police presence as assault and robberies surge, school district versus teachers unions. todd: one set up parents is closures are hurting her daughter who need special ed services. she joins us live. ♪♪ shannon: teachers unions across the us resisting returned in person learning as negotiations with city leaders drag on. many parents say their kids education can't wait any longer, jennifer dale says the closures are harming vulnerable students like her daughter. appreciate it. tell me about your daughter lizzie and why you're forced to make a decision as to whether or not to hold her back another year. >> this is been the struggle of the year for us and our daughter. she received and needs to continue receiving special services and receive those in a classroom, in a classroom setting at school, in person and all year we have been online in oregon, the state was mandating and so until january 1st the schools remain closed and the result of metrics that were really unattainable case metrics. my daughter lizzie who is 9 years old in the third grade, losing that time has been really challenging. shannon: has she been asking questions about it? >> she misses her friends. what has happened is they have been able to carve out a couple hours a day that lizzie gets to go in person but she needs an education assistant so she doesn't get to go to class and sit with her friends or ride the bus or have lunch or do those kinds of activities that incorporate her and bring her into our community and she needs that, she needs that every day because she misses her friends. shannon: the socialization aspect, you have two other kids you moved to in person learning and i'm sure that is helping their education but it is also not doing anything for the socialization aspect we touched on. >> we are really missing that and we advocated really hard last fall to at least get her some in person learning and we want to that for all students in oregon and it has been very slow to happen and as a result we know that is where kids benefit the most, kids like my daughter with a special education need benefits from learning from her peers. shannon: you and many others across the country. let's look at the target for in person learning start date april 8th, with enrollment from 2019-2020 academic year, 3.7%. before we let you go i'm sure other parents list concerns constantly, scrolling through your mind when you try to go to sleep at night. what is at the top of the list as we approach a year since all this happens? >> let's get these kids back in school, get the kids a voice that is theirs, the remind everybody kids that are isolated and hidden and out of sight and they need parents and teachers to stand up for them and get them back into the classroom. shannon: thank you very much, appreciate it. todd: a driver amazingly survived after his truck flies off a ramp plunging 70 feet onto an interstate. president biden's change that could cost you and your electricity bill, our next guest is we need a smarter approach, he explains after the break. ♪♪ todd: right now in connecticut, the killing of a yale student may have been targeted. jillian: trying to determine if a road rage incident with the killing your campus. carley shimkus joins us with more. steve: a major question what led to the shocking murder of a yale university graduate students. kevin was shot multiple times lying outside his car on a newhaven street saturday night. he may have been the victim of a targeted attack. >> he suffered multiple gunshot wounds and due to the proximity we can tell you it was -- we feel it was possible he was targeted but we can tell you that this was not a drive-by, seems like it was much more up close. >> reporter: the vehicle had rear end damage. they are looking at whether road rage may have triggered the shooting. no suspects or arrests have been announced. he had gotten engaged to just one week before his death and was celebrating his 20 seventh birthday next weekend. he was a graduate student of the yale school of environment and member of the army national guard. he also regularly volunteered at a newhaven baptist church. the pastor releasing a heartbreaking statement saying earlier this week i had agreed to officiate kevin's wedding, now we will be officiating his funeral instead. the president of yale university calling him an extraordinary young man committed to improving the world. former homicide detective and retired police officer brian foley will join us later this hour to discuss. todd: just to get punch when you think about that, supposed to be submitting something so happy and now something so sad. >> reporter: the second impeachment trial donald trump kicks off in the senate. both sides of the aisle coming to an agreement of the trial structure and ensuring a, quote, fair process concluding 16 hours for each side to present their case. the former president is facing one article of impeachment, incitement to insurrection. after last month's capital awry at the left 5 people dead. fox news contributor newt gingrich says the latest impeachment push is more than an attack on the former president, he says it is an attack on the american people. take a listen. >> the idea that a bunch of politicians sitting in washington dc think that they have the power to say to 75 million americans we will decide whether or not you get to vote for this guy again, that is such a profound attack on the entire american system, the level of corruption and ego that suggests for everybody who vote yes is astonishing. >> reporter: the trial is expected to start with debate over whether this impeachment is constitutional. todd: 33 after the hour, president joe biden looking to crack down on climate change with a slew of executive actions, not only costing american jobs but experts say those green policies could cost you too. how bad can this get? >> it could get more expensive. we know across the world if you want to tackle climate change you have to drive up prices partly because you want to discourage people from using energy which is produced with fossil fuels, partly because you want to make green energy more profitable. take a look at germany, they have to pay $37 billion extra for the supposedly cheaper green energy and less than a fifth of the us economy. it can get a lot more expensive. >> this chart really shocked me. us household struggling to meet their energy needs, 20 million americans right now in energy poverty, 20 million have -- 10 million have kept their home at an unsafe temperature. right here on the east coast we are getting walloped and that wallop moved all across the country so when i think about those numbers in these people turning down their thermostats to pay their bills i am wondering what do these people do when the green energy policies come into effect in these prices go up even more? >> reporter: we know from studies that look at when fracking started gas prices dropped and we know that meant people could heat their homes better suggest because of gas prices falling you can see 11,000 more american surviving of the are not dying from cold does so obviously when you turn up the price that means you turn down the heat and you see at least 11 more thousand people dying from cold and that is a real cost. also global warming is a real problem but you are going at it the wrong way if you're just trying to raise taxes and raise prices because even if you get all-americans to do this you won't get most of the world to do this, you won't china, india, africa, latin america which is 3 quarters of all emissions in the 21st-century. they are only going to do this if you get green energy to be much much cheaper so this is all about innovation. it shouldn't be about taxes which it should mostly of be about getting better innovation. todd: let's talk about we are part of the world community. is what president biden wants to door has done, canceling the keystone xl pipeline, rejoin paris climate agreement, halting oil and natural gas leases on federal land. will any of this help the environment in any significant way if we have to deal with countries like china and india that quite frankly are not holding up their end of the bargain? >> biden's on john kerry told us even if the us shutdown its economy it wouldn't actually solve global warming. if the us stops emailing all co2 tomorrow, that would be -- for the rest of the century, it would reduce temperatures by the end of the century by 0.33 degrees fahrenheit so this is not what is going to fix the problem. the only way you can do this is by making green energy so much cheaper that americans will want to accept it but also if you can get china and everybody else to do it. >> it is more complicated a problem but i think people realize. thank you for your insight in forming our viewers as to what could happen as this stuff goes down. we appreciate your time this morning, thank you. >> slamming president biden's decision to stop federal land from being released to oil and gas companies. he appeared on "fox and friends" yesterday calling the move a direct attack on his state. >> anything you do here in energy space probably has some aspect of federal leasing associated with it. losing that revenue is devastating to our schools, devastating to our communities, devastating to those small businesses that really depends on the energy sector. >> nearly half of wyoming's landis federally owned. new york health department revealing kim jong un for deaths that long-term care facilities was worse than reported, the number jumping by 1500 after including adult care, essential residents died after being sent to the hospital. new york was previously the only state to not include that data. that was just shy of 15,000 deaths. >> the stories while, two young conducted in a carjacking in san francisco fortunately found safe with their father left the one and 4-year-old in the family minivan with the hazard lights on while delivering food. when he returned he saw a man driving off with the kids in the back. the toddlers and the abandoned stolen vehicle were found four hours later, fortunately those kids are okay, police looking for the suspect. shannon: that is scary. florida police and fbi trying to hunt down a hacker who tried to poison the water treatment plant near tampa just before the super bowl. the person had access to the facility computer system attempting to add dangerous levels of line. the worker intervenes before anyone was at risk. the shocking video showing a 91-year-old man violently shoved to the ground as part of a growing trend of older people being targeted in oakland's chinatown, the suspect has been arrested. in response to an uptick in attacks police are stepping up patrols ahead of the lunar new year. in neighboring san francisco video shows a brazen smash and grab robbery. smashes the rear window of that previous. you see it right there. the snatches a backpack filled with $7,000 and camera gear before speeding off. it is 39 after the out. facebook launching the mass operation to combat covid-19 vaccination misinformation. >> china threatening to sanction entry any country, the warning just released when we come back. hey, i just got a text from my sister. you remember rick, her neighbor? 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(soft music) ♪ ♪ hello, colonial penn? ♪ ♪ 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. todd: richard shelby the fourth republican senator to announce he will not run for reelection. he is the longest serving from alabama first elected in 1986 as a democrat he became a republican after the gop sweep in the 1994 midterms, the top republican on the appropriations committee writing assignment 86-year-old shelby says, quote, for everything there is a season was serving in the u.s. senate has been the opportunity of a lifetime. i have done my best to address challenges, find ways to improve the day today lives of all americans. shannon: keeping national guard troops in dc could soon cost taxpayers half $1 billion. the pentagon reviewing the price tag defeat and supply troops through march 15th will cost 483 million, up from a previous estimate of 838 million, 438 million reported by fox news just days ago. at least 5000 troops will stay in the nations capital from mid march to 26,000 and on inauguration day. china lashing out against call to boycott the 2022 winter olympics in beijing over alleged human rights abuses. todd: greg has the back lash. >> reporter: we are seeing beijing blowback to the global fight back against the china james was a year ago the start of the winter olympics, this time being held in and around the chinese capital of beijing. the demands by human rights groups, politicians and officials to move the event are getting louder, various abuses and grievances like treatment by beijing of the muslim minority in northwestern china including a resolution against participation in the event introduced in congress by a group of republican senators led by rick scott of florida. the biden administration says it is disturbed by the charges against china but also says right now at least it has no intention of yanking out of next year's olympics which sounds okay with beijing. state backed media is tweeting, quote, boycotting 2022 beijing winter games is unpopular idea, won't receive widespread support, international culinary and athletes will oppose it and china will seriously sentient any country that follows such a call. back in 1980, not too please with the then soviet invasion of afghanistan. we sat out the 1980 olympic games in moscow. 1984 in los angeles the russians returned the favor. be careful what you wish for. todd: my dream of watching marco rubio's shutdown. check this out. a driver somehow survived the 70 foot plunge drop nic ramp in wisconsin. his truck hits a snow bank, how do you survive that? plummeting to the highway below. the somehow leaning a break, the driver conscious and breathing, the sheriff's office is the driver did not show signs of impairment. when you are lucky you are lucky. todd: il graduate student and army veteran shot to death in the middle of the street. >> reporter: police investigating of road rage could have led to the murder was a former homicide detective ways in next. >> we are looking into whether or not he was actually targeted during this incident. we have developed information suggesting this incident may not have been a random act. it is indicative of an overall challenging time for our community that we experienced over the past year with the uptick in violence being experienced around the nation. >> a 26-year-old a a graduate student and army veteran shot and killed in the middle of the street in newhaven, connecticut. todd: homicide detective and retired connecticut police officer joins us now. brian, how confident are you that this was targeted killing? >> when a car accident is followed by a homicide you look at the two ways, one that it is a road rage incident and 2 that it is targeted. i want to talk about what the chief said that he may have been targeted. he speaking of the behavior community. he doesn't want them to be nervous that somebody is out there randomly shooting people so trying to calm them down. he's been around a long time and is a friend and knows what he is doing when he says something like that but i want to talk about what he didn't say. in an area you typically wouldn't see a car accident. also happen that are very populated neighborhood. there are a lot of doorbells. the first thing they are going to do is walk up and down the street and check for doorbells. if they were looking for somebody they had no idea who it was coming they were looking for somebody in a road rage incident, a picture of what the vehicle looked like and asking to try to find the vehicle they are not doing that at this point. these are experienced homicide detectives, you're looking at what the chief says and what he's not saying. it is starting to look like this is a targeted incident. >> i will be interested to see what information the police department puts out in the upcoming hours and days. let's look at these violent crime numbers in newhaven, connecticut, murder victims increasing 81.8% from 2019-2020, murder victims overall in 2020, 20 of them already 6 in newhaven, you are seeing increases in crime all across the country. a lot of the focus has been on the bigger cities but you're seeing an uptick here. what does that say to you. >> it is a concern, the violence of the violence in the city but you see around the country this is early but you can't as a police commissioner, you can't get too caught up in the homicide numbers. more accurate indicator often is the number of shootings and because there are so many factors that can lead to homicide, when the shooting, when the incident happened, how far that person is from emergency care, how far -- there are a lot of things, they are up right now. it is not just in any of the cities in connecticut but all around the country and it is concerned. we will see how much covid-19 ways into that and other factors around the country so something to keep an eye on. shannon: firearm victims from 2019-2020 increased 55.one% so to the point you are making you see an increase across the board right now. >> very concerning. one more thing. keep in mind homicide over the last couple decades, back in 1998 that community is still i am sure upset about that and in 2009 you had one as well, very high profile so definitely top of that. >> it is such a while just to vision, beautiful pony campus they are, beautiful buildings and then some tough streets there. this wasn't one of them. >> it is a safe neighborhood, and islands -- i don't want to say bad things about it. obviously the other two specifics targeted. shannon: thank you for that insight, we appreciate it. have a good day. todd: taking on big tech. texas senator, state senator brian hughes joining forces with governor greg abbott to prevent social media from canceling conservatives. >> he joined us to explain and lisa maclean and tomi lahren join us live. ♪♪ what's love got to do ♪♪ got to do with it ♪♪ what's love when we started our business we were paying an arm and a leg for postage. i remember setting up shipstation. one or two clicks and everything was up and running. i was printing out labels and saving money. shipstation saves us so much time. it makes it really easy and seamless. pick an order, print everything you need, slap the label onto the box, and it's ready to go. our costs for shipping were cut in half. just like that. shipstation. the #1 choice of online sellers. go to shipstation.com/tv and get 2 months free. do you have a life insurance policy you no longer need? 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we are talking about prioritization of who will be deported from the country. >> the biden administration for deportation on ice, breaking down the new guidelines that some say affects cops on law enforcement. jillian: hitting up the happiest place on earth after his super bowl win. "fox and friends first" continues right now. ♪♪ jillian: growing or tom brady. still celebrating -- it is like old high hat. todd: are you sure of one thing? he is still celebrating. gronkowski is 100% celebration all the time. remember when he was in our room, the energy he

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