tens of thousands of immigrants from haiti and other countries have crossed border to texas. are all immigrants being returned or just the haitians? some are being return to united states with a court date. what about the men, women and children who have been waiting to come to this country, when about those who also want a chance at a better life but they are following to follow our laws in the process? is that the best evidence you would make a good fellow citizen? your willingness to follow our current laws? biden administration claims that the border is under control but our eyes tell us the truth, which is the nation of laws is a nation of chaos, chaos is not control. >> what is your -- for the southern border? >> it is you were control. >> we will get it under control. >> how many people have been returned? how many people are being detained? how many have been dispersed. >> i do not have that. >> why not. >> you don't have any estimation of what those numbers? >> let me share something with you, clearly, i work 18 hours a day. >> how many have been released into u.s. >> they are released on condition, approximately, i think about 10,000 or so. 12,000. trey: there is is no plan for the border, there is a plan for the optics to control the political narrative surrounds the border, president biden quick to criticize law enforcement and he was slow to accept responsibility for a drone strike that killed innocent afghans and 7 children, and slow to tell the children stop surging at our border, but he was quick to blame the cops when he need a culprit for the chaos at the border. let's get an update from our correspondent jeff paul on the border in del rio, texas. reporter: yes, it does not matter the weather, the time, the day, migrants continue to stream across the u.s. border here with mexico. in just today in this one spot here, looking at this video, this is all footage we shot today. 5 different migrant families from all overcoming in to the -- coming into the u.s., it is uniform they give themselves up, then they call u.s. border control, they come over, pick them up and process them, the same thing up and down the border, this is just one spot, one little image of what we're seeing here just today. some of these people last week, a lot came from haiti. today we had a lot of people from venezuela, cuba, honduras. the same story, today on fox news, mayorkas secretary of homeland security of the asked about that, he said, we have seen surges in past. before the biden administration and other administrations references to 2010, 2019, saying we've seen this before, it highlights fact that the immigration system is broken. you hear from people like governor greg abbott the above governor here in texas who is saying nothing is being done. this is rio grande. at some points, we have talked with a few fishermen and boaters, they say there are so many people at tern points crossing, they have to slowdown and pay attention make sure they don't hit anyone. we'll come out tomorrow morning, we'll likely see the same thing more families coming across, processed. and many cases, given just notices to appear then released to the united states. trey: jeff paul, thank you. >> now let's bring in brandon judd, you can give us a sense of what is happening at the border and also why it is happening. >> i'm going to 25 years of patrolling the border, i have never seen anything like this before. what we know this driven by catch and release, all based on policy here's in the united states, any time we reward people for violating our laws, we can expect them to cross the border illegally, this administration sent a very clear message, if you violate our laws, you will be released. and if you will be released, they will come. trey: you say released that back to the u.s. with a court date in future, which they may or may not honor? >> yes that is the catch and release owner, we process them. we give them what we call a notice to appear. that will be a court date for them to show up to a judge. but the vast majority of those individuals do not show up, they disappear into what obama turned the shadows of society, when we give them that that court date, that is not sometime for 3 years down the road, they have legal status, they can get work permits and driver license and sense their children to school. it is a huge public burden that is the reason governor abbott is so up in arms. you hear secretary mayorkas say there are ebbs and flows in illegal immigration, we have never seen anything like today. that strictly driven on policies here, when they got rid of trump's policies that were work, it were effective and they did not replace them with anything, they just started from scratch, that is the reason that we're dealing with what we're dealing with today. trey: i'm not the quickest guy in the world. if i want to come to the united states, and i know the worst thing that could happen to me and i will be released into the united states for maybe up to 3 years with a court appearance that i may or may not have to show up for, why not come. what is the disincentive. >> there is no disincentive. it is a reward. that is. is -- we call it a magnet, it draws people to come here, that incentive, that saying, violate our laws and does not mean anything, and message that sends, why would anyone come and obey any of our other lays if i know from the get go, first thing they defense violate our laws and they were rewarded for it. the reason we're the greatest country in the world because of our bill of rights and constitution and our laws. but the moment of rule of law goes away, we become no better than the countries the fleeing from. trey: i know president put kamala harris in charge of root causes of the border, she is really busy on the view and other shows, but when she is not on the view, what is she doing about root causes. >> they have existed since my career began. we cannot control what happened in other countries, we saw this with afghanistan. what we can control is what is taking bliss place -- place in our country, we can't fix the government of guatemala, and honduras, and haiti. all of the eastern european countries that are coming over here, china, we can't fix those countries or governments, we can fix what is happening here. when she said root causes, all she is doing is deflecting from the problem that exists in united states to get people to turn the other way, ignore when their eyes are telling them, it is a farce, and this government is broken right now as it per attorneying to border security. trey: -- as it pertains to border security. trey: it seems president biden of the quick do blame the cops remember high . >> he was really quick to blame the cops. >> you are a federal prosecutor, you understand the importance of having a full investigation before you can go after someone, if down have that investigation,ure not going to have the evidence. but, this is the biden administration reflecting from their failures, trying to blame someone else. by the way. these are executive branch employees, they were doing the job he sent them to do, the training the horse patrol agents received, it is the same training new agents receive as we speak, and all they did was follow the protocol, follow their training, did what they were supposed to do. but because it was going to be a way for him to deflect from himself on this crisis, he quickly did it that is politics, that is politics in law enforcement that makes our community less safe. trey: brandon thank you for joining us. >> coming up on issues as crucial as public safety, senator tim scott joining us next on "sunday night in america." ...you can save up to 30% on your auto insurance. usaa. what you're made of, we're made for. get a quote today. with voltaren arthritis pain gel my husband's got his moves back. an alternative to pain pills voltaren is the first full prescription strength gel for powerful arthritis pain relief... voltaren the joy of movement you founded your kayak company because you love the ocean- not spreadsheets. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ♪ ♪ ma life is full of unexpected. surprises. for your first day of school. but other times, it helps knowing what to expect. at university of phoenix, you can count on fixed, affordable tuition for your program. learn more at phoenix.edu there is no place like home y'all! and these people know that there is no place like wayfair. i never thought i'd buy a pink velvet sofa, but when i saw it, i was like 'ah'. and then i sat on it, and i was like 'ooh'. ooh! stylish and napable. okay now. i can relate to this one. i'm a working mom with three boys. [ yelling ] wayfair is my therapy. amen, kim! yup! i'm hiding from my kids, as we speak. clerk: hello, how can i? sore throat pain? ♪honey lemon♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. >> tech: every customer has their own safelite story. this couple loves camping adventures and their suv is always there with them. so when their windshield got a chip, they wanted it fixed fast. they drove to safelite autoglass for a guaranteed, same-day, in-shop repair. we repaired the chip before it could crack. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service you can trust, when you need it most. ♪ pop rock music ♪ >> singers: ♪ safelite repair, safelite replace. ♪ >> welcome back to "sunday night in america," public safety is the preimminent function of government, the crime of murder most serious affront to our public safety, murder rate in this country increased last year in historic numbers, this year is not looking much better. some on left decided risings violent crime rates and high murder rates make the perfect time to defund police, promembers of congress like corey bush to men who make ice cream like ben and jerry, they think a season of us precedented murder and unrest is time to have fewer cops, good luck. then those who understand public safety is primary function of government but they yearn for a justice system worthy of our respect. people like tim scott. who experienced good and bad from law enforcement in ways many of us never will. he remains committed to a justice system that is worthy of our highest expectations. senator scott has been trying to perfect our justice system, last summer he was left alone at bargaining table by kamala harris, she decided her -- was more important than perfecting our justice system, her political security of more important than your physical security. she got what she wanted, she is the vice president. we got historically high murder rates, now tim scott is left again, abandoned this week when democrats pulled away from the negotiating table a second time, media, of course, will blame the republican. they are only useful to the dc media when they agree with democrats. no criticism for kamala harris or other democrats who walked and away. i want you to imagine in quietness of your own mind, a black republican from the deep south his own life informed and instructed by interacts with police, willing to take on a difficult but essential topic, sitting alone at negotiating table. there is no political upside for tim scott. it is not the path to electoral success for republicans, this is just the most important function of government. to pick conflict over compromise. the media loves to praise corey bush who wants to take away your police but not her own, politico and other dc magazines write the glowing profiles, ben and jerry donate ice cream proceeds, perhaps so she is keep funds her own private security, they blame a black republican who spent the better part of two lonely years working on an issue with no political upside for him. republicans are not going to defund the police, note correctly like cori bush advocates. if that is your end goal to defund police, you should remain absent from the table of negotiation, if you accept that defunding police is never the right solution, it is dumb when the nation is in throes of a violent crime wave, come back to the table, i promise you will find tim scott is still there senator scott is here now, thank you for joining us. democrats left the negotiating table twice, why? >> trey, they are managing so mean crises i think they are looking for a way to give biden a way. think about afghanistan crisis, border crisis. crisis in the most. crisis of spending of taxing. they are putting politics over people. and focusing on a partisan victory, they are actually going to look for the perfect, and make it the enemy of the good, i can not understand my friends on the other side who must have forgotten what it feels like to live in marginalized community, wanting police to be there protect you, thinking about the single moms, who come home late at night, they want protection. and 81% of african-americans want the same level or more police. and you listen to the other side, their elites, they must not care. trey: speaking of the other side, a clip from cory book either morning. >> it would have had millions of dollars for police department. millions more. >> additional. >> because we want to help officers with mental health issues, i went to the white house a day or two after, talked with president biden who was very connected to those negotiation, we talked about thin we could do with executive orders. >> sounds like they want to federalize the police, they want federal standards, even though the laws different in every state, if you don't do what they want you to do then they will defund police, is that wrong? >> that is hitting the nail on the head, more than 7 seconds in the bill said we'll reduce your funding or make you ineligible for funding if you don't let a national standard dictate all local policing. i'm not against represent -- i am not turning local police to turning to the department of the justice, this is the most ridiculous thing i heard in a long time. trey: you don't take much time off, you took one day, you went to the beach last summer, i was sitting beside you, you received a phone call from democrats begging you to come back and keep talking about reforming the criminal justice system. maybe i missed something. is this a super good issue for republicans? really helpful issue for the republicans to talk about criminal justice system? >> no. you come to the table for one reason. you said during the conversation at beginning, i have lived in some very poor communities. raised by a single mother, i know the fear and trepidation of wonder figure your mother made it into the house okay when he gets off at 11:00 at night. i am at the table, i want solutions. the other side, sometimes it feels like they like the issue moran the solutions. -- more than the solutions. increases in labor force participation rate. while the democrats keep campaigning on the issue, never having to find a solution, this is a remarkable way of treating some of your most loyal constituents. trey: almost appears that left is -- reluctant, i confess my cynicism. >> i will say this. joe biden back in the 90s passed a crime bill that locked up disproportionately african-american males, president trump, we passed first step act, we reset the tables, we made your justice system more fair. that is what all americans want, whether you are black, white or red or blue. you want a fair justice system, yet our democrats and elite keep telling poor folks you just wait. >> we have about 45 seconds, when i was in the house i remember democrats did not want to cut money for doj or to sanctuary cities but seems they are willing to cut money to cops if they don't do when cory booker and other democrats' them to do, that is defunding police just by another name. >> 100%. because we're short on time, just remember, this problem came to us, because chicago and atlanta, minneapolis. new york city, los angeles, portland, seattle, all big blue cities run by democrat mayors and super majority on their council decided not to act on behalf of their most vulnerable communities, so yes, they have tried to defund the police. we want to refund the police, public safety is job one. trey: senator thank you for your work. even if it is not always appreciated by our friends on the left. it appreciated by regular americans like me, thank you for coming on. i'll talk you to soon. >> god bless you. trey: re-- reversus >> what will the supreme court do? shannon bream is joining us next on "sunday night in america." ♪ ♪ welcome to allstate. where everything just seems to go your way. ♪ ♪ you're in good hands with allstate. click or call for a lower auto rate today. i always had a connection to my grandfather... i always wanted to learn more about him. i discovered some very interesting documents on ancestry. this is the uh registration card for the draft for world war two. and this is his signature which blew me away. being able to... make my grandfather real... not just a memory... in 2016, i was working at the amazon warehouse when my brother passed away. and a couple of years later, my mother passed away. after taking care of them, i knew that i really wanted to become a nurse. amazon helped me with training and tuition. today, i'm a medical assistant and i'm studying to become a registered nurse. in filipino: you'll always be in my heart. >> potus has a chance to call sb8 for what it ask a violation of constitutional rights of nearly 7 million texans. but from voting rights, to housing rights to reproductive freedom it is clear that the courts are not on the people's side. but this congress is. >> welcome back to "sunday night in america," u.s. supreme court announced it will hear challenges to a mississippi law that some believe could lead court to revisit roe v. wade, mississippi law that prevents abortions after 15 weeks was most restrictive in country until a new texas law banned more abortions after 6 weeks, court voted 5-4 to not immediately block the texas law but they have yet to consider the case on the merits. meanwhile supreme court fines itself with lowest public approval numbers ever and thrust to middle of the most contentious issues from presidential elections to immigration, to healthcare to when life begins. some members of the court resist that role, justice clarence thomas blamed media for politicizing court, and justice amy coney barrett argue that court is not just a group of partisan hacks. they worried. our country now seems to turn to the court to settle all of the disputes. democrat itself cannot seem to settle, fox news chiefing legal correspondent shannon bream, what do the laws do? >> i think you made a great point on the texas law it does ban abortions after fetal cardiac heart beat. now the way that framers put it together, not the state enforcing it but private citizens bringing civil actions and sue doctors or people, not the pregnant mother who have taken part in the illegal abortion, a weird set up there was a lot of thought that went into it, it is confounding the court to this point. the supreme court has not ruled on merits of that, they decided to not block it while the case pre seeds on merits, in mississippi they are getting to merits, they hear case on december 1, it bans abortions most after 15 weeks, a lot of states passed laws openly admitting legislative bodies here and many of lawmakers say we're make a direct run at roe, we want it overturned that is why they created many of the laws, the court will dig into this december 1. trey: you have followed supreme court as closely as anyone that i know, it strucks most of us, how can a judge vote somehow that he or she does not personally agree. but, even if you are personally anti-abortion that is no guarantee that court will flip roe v. wade. >> you are right. know they tend not to rip apart established decisions. we know that there are those who believe that roe is weak, justice thomas has talked about how he thinks that the reasoning for it is a sham. but don't forget, justice ginsberg before she passed away expressed concern that is quickly decided to too much. there are those who think 'are potential weaknesses went roe, judges say all of the time, they make decisions they don't agree with. justice scalia said, as a judge you don't make a decision you don't personally agree with then you are not doing a job as a judge. trey: we hear phrase all of the time, follow the science, it may be that science has changed and legislation reflects that change in understanding. let me ask you a broader point on the court. lowest approval rating. it has ever had. because we're just asking too much of the court? or we politicize everything in our culture, what is your take on why that is. >> you mentioned some of the justices worried that public perception that court is politicized. they are not, justice breyer said he is frustrated about talk of packing the court, it makes it look political. the court is not that. what we do is come here, with different judicial philosophies and ideas and how to interpret the law, and statutes and constitutions but we not political actors, when we come on hear the cases and vote. we see cross over back and forth. they do, that they don't want to be seen as political body, i think when you have these rallies, you know you steps of supreme court. where lawmakers say we'll add 5 seat or do this or that. it comes up in all of presidential debates, i could for a lot of people it starts to feel political, when you are so angry. some the issues they tackle are most heated and toughest. it makes the court feel very divisive. trey: almost like we ask the supreme court to do what we ourselves cannot do. shannon bream thank you,. >> good to see you. trey: still ahead, democrat are fighting amongst themselves progressives cannot seem continued to that why trans formational change is difficult in a evenly dedecided country, a feckless redraw and afghanistan, a resurging virus and a porous border, they have president biden's approval rating plummeting. >> i think he has a pretty big credibility crises on his hands. >> what are we doing to justify or explain what appears to be bad behavior on our part now. trey: what media turns on a democrat you can either read the book of revelation because the world is about to come to an end or you can ask karl rove, he is coming up next straight ahead on "sunday night in america." you have the best pizza in town and the worst wait times. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire speaker 1: but everything looks like the clear. matching your job description. no ugly white spots in there. speaker 2: all gone. yay! [all laughing] ♪ ♪ life is full of unexpected surprises. for your first day of school. but other times, it helps knowing what to expect. at university of phoenix, you can count on fixed, affordable tuition for your program. learn more at phoenix.edu i felt awful because of my psoriasis. i was covered from head to toe with it. it really hurt. then i started cosentyx. 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 - some serious- and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms, or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reactions may occur. i look and feel better. ask your dermatologist if cosentyx could help you move past the pain of psoriasis. working at recology is more than a job for jesus. it's a family tradition. if cosentyx could help you move jesus took over his dad's roue when he retired after 47 year. now he's showing a new generation what recology is all about. as an employee-owned company, recology provides good-paying local jobs for san franciscans. we're proud to have built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america. let's keep making a differene together. trey: joe biden has been the president for less than 9 months and closer to the beginning than mid point of this term. a good time to go back to the beginning to what he said he would do to what he promised this country. i'm sure you recall how the media swooned over his inaugural address, do you remember what he actually said, the power and fragile tie of democracy, about truth and america being a leading force for good. he talked about the perils of lawlessness, more than anything else he talked about unity. 19 time he's used that word or some variation there of, he mentioned word democracy more times than any president has in an inaugural address. truth, a force for good, unity, democracy, those were the words he used. but words are easy. following through on the promises, turning the words into action, that is what matters. americans want to see a sermon not just hear one. what joe biden said democracy, i wonder if he meant an arcane senate maneuver called reconciliation or a parliament he talked about lawlessness and violence, shaking the foundation. i wonder if he meant the violence shaking our cities and communities or if he was talking about violence in chicago. or just the violence at the capitol. he talked about the truth. speaking the truth. always telling the truth. i wonder if the truth means telling us that drone killed terrorist in afghanistan, when it really killed 7 children. i wonder if the truth means telling us a booster shot is available when it is not or the border is secure when it is not, he said he would at walking defend america. i wonder if that meant leaving the weapons in the hands of terrorist in afghanistan. i wonder if the women and girls in afghanistan can see that beacon of light that the world can see. he said he would heal and restore and repair this country is more divided than ever, he said he was for the little man, the little man is picking between his job and a vaccination while people pour in to this country, without permission, released with no vaccinations and court dates that will never be honored, words are beautiful, they move us. a conjure powerful emotions within us, then tomorrow comes and words fade and it is action we covet. joe biden mentioned unity more times than any other president. he mentioned democracy. more than and other president has. those were the words, what about the reality? do you feel more unified with your fellow citizens more unity with those elected officials, do you feel democracy growing stronger? joe biden told us the story of unity and light of love and healing. tomorrow has come. the words are still there. just words. nothing really seems to have changed at all. joining me now karl rove, white house deputy chief of staff under george w. bush and fox news contributor, seems that the honeymoon is over, maybe even with media and some democrats, why do you think that biden is struggling in the polls. >> we're seeing play out is not what he promised not on ly january 20 but campaign. look at this, down 24 points from when he was sworn in. and they got -- were 61. good number. they are now 37 down 24. 18 points of that -- excuse me 8 points that decline in 5 months between february and june. 16 points occurred between july and september. i don't think that's have seen the bottom. i think we'll see another few months of dropping numbers that 37% a among independents will go lower for reasons you talked about. i would add one thing, the economy is also looming big in people's belief. he is failing, his economic policies are bad, what they hear about taxes causes them to have suspicious feeling about them, they feel inflation at grocery store, and slowdown in the economy, seeing potential of real problems because of its economic policies of tax and spend. and they don't like what they are seeing. trey: sometime desperate people do desperate things, if he knows he will the lows lose the house in mid term does that not ramp up pressure there it does, and leads them to believe in something that is almost lunacy. they think more robust a transformational package they get the better off they will be in midterms, so go big, throw the big hail mary, because the voters will reward you if you pass a 3.5 trillion dollar tax and spend bill. the problem with that, that is absolutely wrong. we saw this in recent memory, obamacare in 2010, oh, we'll transform the american health care system. and there were process problems with. remember nancy pelosi saying, you got to read the bill to know what is in it, that is what we're facing now, then we have process files with corn husker kickback and other, we're seeing that and substance. -- you could not keep your plan or our doctor, between process fouls and substance fouls that doomed them this 2010. election, we have the same situation with 2009 stimulus bill, chock-full of pork. we're seeing this play out all over. whether they pass or don't pass they will suffer. trey: karl it does seem, i can think of examples of republicans seeming to snatch defeat from jaws victory, republicans may have a decent hand right now, what should they be mindful of over the next few months to not blow it. >> make a concerted case against the biden policies, whether they are in safe district or swing districts they have to explain what is going on to their constituents, we need to aapec public opinion we have to go to our states and districts and explain what the matter is with this. there was a good start last tuesday morning in meeting of house republican conference, one of your old colleague, kevin brady of texas. showed up with three documents, 7 pages, he laid out themes to attack the tax plan. the specifics to attack the tack tax plan and then republican case for why the economy was better with 2017 tax cuts it was really good. but his message is he need to go make the sale, for example. corporate tax rate, he made a great argument. he said, look, we think that corporations pay these? but the joint tax committee -- excuse me joint economic committee of congress, bipartisan said 75% of the cost of corporate tax increase, hundreds of billions of dollars will be paid by workers. and the interestingly enough. a left leaning democrat very liberal tack analysis group said it could be as much as -- 95%. workers pay it in lower wages and lower benefits than they would otherwise get. suppliers to the companies pay in lower pay, they get paid less their margins are trimmed. investors get lower stock prices, customers get higher prices to pay for the goods or service, everyone suffers because there are more sales going to foreign competitors with lower tax rates, we would have highest tax rate an any of our major economic competitors. their companies could compete better against american companies. trey: karl rove. that is why we have him on and i can't wait to have him on again, your questions are next on "sunday night in america." at usaa, we've been called too exclusive. because we were created for officers. but as we've evolved with the military, we've grown to serve all who've honorably served. no matter their rank, or when they were in. a marine just out of basic, or a petty officer from '73. and even his kids. and their kids. usaa is made for all who've honorably served and their families. are we still exclusive? 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a good read at the coffee shop? trey: i just finished the stranger by albert. it is not fun but probably necessary. i really enjoyed a book called all the light we cannot see, and i am reading love in the time of cholera, you can't go wrong with any of those. i have a question, i would be interested in what you, my fellow citizens think would improve our country? what ideas do you have to perfect our union? let us know on-line. or e-mail us. ♪ ♪ ♪ ♪ mark: hello america, i am mark levin this is "life, liberty and levin." we have a special show with peter doocy, we want to talk to him, and how he is treated there at the white house. our second guest lawrence jones, another i don't

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