showdown as speaker pelosi eyes a vote on massive spend plan taxed with progressive priorities will she be able to unite her party to pass it? >>she's inspired a lot of women and a lot of men to do what's best for them first. put yourself first. emotional eulogy a whom captured the nation and man mungt for a reward for his capture hitting $30,000. you are watching "fox and friends first" on this monday morning, i'm ashley strohmier. j and i'm carley shimkus they have the day of a. it is a busy week ahead on capitol hill with house speaker nancy pelosi, aiming to push through president biden's economic agenda. ashley: joining us live with more is brook. good morning. >> hey good morning guys democrats are heading for a show down with house speaker nancy pelosi juggling timing for two crucial bills as it stands now house is set to vote on a $550 billion infrastructure package on thursday and progress i-s are vowing to block it. unless the house takens up a massive 3.5 trillion dollar spending plan taxed with liberal goodies but speaker sounding confident that she has votes for that infrastructure bill to pass. listen. >> will bring the bell to the floor tomorrow for -- consideration. but you know, i'll never braining bell to the floor. that doesn't have the vote -- progressives woact change their meengd but she's open to some cuts as long as the key issues in the spending bill leak climate change paid leave and health care coverage remain intact right now democrats bill includes provision that gives the irs unprecedented surveillance power on american bank transactions a according to tax increase to 26%, and a plan that would gut research and development of pharmaceuticals in the u.s. congressman ravel norman this morning. fln >> what about paying this inflationary price on everything hopefully midterms will pay a price for that. bill will cost more than advertised 3.5 trillion dollar price tag ashley carley. >> brook, thank you. mark levin calls power grb a disaster for the economy, and hardworking americans. take a listen. democrats are very good at ponzi schemes the private sector you go to prison for a very long time in public sector if you're involved in a ponzi scheme you're considered righteous and compassionate. we the american people this is gong to change our leave it is may destroy our jobs. it may destroy our lifestyles. it can keel the economy drive up inflation even further. these decisions that these democrats and their president are making are killing this country. former courthouse chief strategist karl rove thinks left push for sleeping change will backfire at the polls. they think more robust transformational package they get the better they'll be off in the 2022 midterms so go being. throw the big hail mary because voters will reward if you if you pass a 3.5 trillion tax and spengsd bill at the polls the problem is that's absolutely wrong we saw this in recent memory obamacare in 2010 we're gong transform american health care system this doom they will in the 2010 election. so we're seeing this play out all over again. whether they pass it or they don't pass it they're gong suffer and suffer mightily. you go on to argue that president plunging approval ratting reflecting his inability to deliver on his campaign promises mean wheel turning to the crisis at the border del rio migrant camp is empty after dhs secretary alejandro mayorkas admits more than 12,000 haitians have been released into the united states. >> meanwhile mayorkas is now reversing course on president promise to punish on horseback andrea joins us live from washington with the latest. >> we saw 17,000 my graduates camped out thawrngd del rio bridge we know that most of them have been released into the u.s. how many have been released -- >> on conditions and approximately i think it is about 10,000 or so -- 12,000. have been released? >> yes. when we talk about a total of 12,000 or could it be even higher? >> it could be even higher. >> that make shift town for mostly haitian migrants is now cleared as state agencies in texas brace for where caravans might head next but homeland secretary ann alejandro doesn't see this much more than par for the course. >> statistics of your own department show that flood of people coming illegally across border have gotten worse under biden administration. >> wouldn't call it a flood but a large number this year but in 2019 we've saw a large number this is nothing new. >> what is new is con tell nateed of mounted border patrol agents biden administration cede that outnumber officers will pay for twirling their reigns as defense method initially reigns mistaken as whips. here's texas governor greg abbott on fox news sunday. >> they've created a magnet because they've sent a message in a signal to the entire world that they are not gone to secure border and allow them across border patrol agents i want them to know if they're rat risk of losing their job i will hire you to help texas secure our boarld. texas attorney general kim paxton filed a lawsuit against biden administration to reenstate where must remain in mexico to wait court proceedings hear from him about 45 minutes. carley ashley. pledgets that's right from washington, thank you. and one of the last thing she was talking about in that story then was how biden administration says that when it comes to the images of border patrol agent saying they'll pay and when i talked to tom homan it is discourage for them they're dealing with, obviously, a severe influx of migrants crossing border but not saying they're gong pay. it is really yeah sad to see. >> so what happens in that investigation if fair investigation we know that photograph who took those pictures said that they were not whipping agents and then you talk about the veg they were not whepping my grans and talk to border patrol agents they say they were following orders from washington because washington said you can't get this border encampment has to get smaller you can't let them go and get punished for doing their job that's part of the store this morning. other part is that alejandro mayorkased a meted that over 12,000 of these haitian migrants are now in the yoots and that number could go up because there are 5,000 more that are still being processed. that is a massive number. i think it is higher than most people would have expected. tom homan also sad last hour that he thinks that number is actually larger. and that was him saying he think number is larger and mayorkas cede to chris wallace could be give or take a ,000 more. give or take. >> tom homan and alejandro not only ones speaking out on this issue attorney arizona attorney general mark said that number of people coming over is just part of the problem. take a listen. secretary can say whatever he wants. but we're seeing record amount of people illegally crossing into our countries and on pace to have 2 million people illegally cross our border. double the population of biden home state of delaware. it is that we're also seeing huge speak in fentanyl huge spook in drugs like heroin coming in. the cartels have ceased control, and people are gong to die as a result of the biden administration policies -- >> of course this is happening because president biden he was the border president. he built the the wall but president trump build wall and biden tore it down on fox news sunday alejandro was like why did you let these people in and biden administration doesn't believe in the border qal so if you don't believe in a border barrier how can you say that our borders are closed? and this is just part of the issue. dhs is monitoring 20,000 haitians coming from columbia alone. so that migrant camp that you're seeing on your screen it could be the first of a series of many to come. >> also sets a dangerous precedence for rest of the world to see what's happening. we will be monitoring this for sure the steam now 10 minutes after the hour a washington post columnest is facing backlash for down playing that price tag on the three and a half trillion dollar spengsding plan. >> 3.5 trillion is misleading? >> billion will not cost in the stheans it will be entirely or at least partly paid for. >> if it pays for then why are democrats proposing largest tax hike in history joe is next. ww has taught me how to live a great, sustainable lifestyle. i can eat the foods that i love. with ww, i have lost 78 pounds. ww. weight loss that works. wellness that works. lose 10 pounds on us! join today at ww.com offer ends september 27th! join today at ww.com the comfortable way to work out. -that looks fun actually. -it looks fun? 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(upbeat music) ♪ (engine revving) baaam. internet that doesn't miss a beat. that's cute, but my internet streams to my ride. adorable, but does yours block malware? nope. -it crushes it. pshh, mine's so fast, no one can catch me. big whoop! mine gives me a 4k streaming box. -for free! that's because you all have the same internet. xfinity xfi. so powerful, it keeps one-upping itself. can your internet do that? tbhurnl priority would be more discussion of what's tweal in the bill as opposed to this topline figure which itself is misleading of 3.5 trillion. it doesn't really represent anything it is just weird shorthand that's been used, in fact, billion itself will not cost 3.5 trillion in theceps that it will be entirely or partly paid for. >> well washington post columnst you see down playing calling that 3.5 trillion dollar price tag misleading. joining us now with his reaction is fox news contradict tore joe concha what was misleading about that 3.5 trillion spending there? >> great question. [laughter] here's the deal. to use biden term, that's true it is not 3.5 trillion. it is misleading it is more leak 5.5 trillion, 6 trillion when you look at all of the gimmicks that are in there. in other words there are programs that are in place that are supposed to expire in two, three year an once you put a program in place once you give people something it is very hard to extract that from them. obamacare being an example right once the government gives you something then you can't say we're not going give it to you them. so to that -- that statement to be said on a show like reliable sources ironically enough labeled is completely nice leading, because when you say well it is completely paid for. no one can exactly explain how that -- again this is trillions of dollars guys this is not billions but trillions a number that people can't get number around. how do you pay for it well we tax rich. you can tax rich all you want. you can't pay for 3.5, 5 trillion dollars just by taxing the rich alone. everybody pays for this and one way or another guys. >> joe president biden said earlier last twheek it is already paid for so he's -- banking on the media echoing that, and he really needs this win. he needs the human infrastructure and the infrastructure plan to pass because then he can campaign off of it. if he doesn't get this win, so to speak, but passes something he shows he gets they thinks done then yes i guess yuck say i'm making your life better in one way or another to the american people if it fails and thr a very good chance that it could then you're looking at a biden presidency that's over because progressives will turn on them because thepght that human infrastructure part absolutely in this. and also you have moderate republicans who voted for actual infrastructure part which roads and bridges an power grids and so on so if you don't pack this then everybody is mad at the biden here's administration, and the 2022 med terms enalready are basically passing the torch to the republicans in terms of the house and senate. then joe biden has absolutely nothing to run on then you look at other they thinks they thinks going on in the world it is a complete mess. jimmy carter would beg for this administration opposed to what joe biden has offered at this point. >> when you talk about the border and this, covid cover biden issued new policies to distract from multiple crises all across, you know, the united states right now. i want to bring this up, fox news poll recently said top reason to dispof 22% incompetence and general disleak 13 and economy vaccine mandate list goes on and on everything that he has touched is, you know, the reasons they disapprove. >> incompetence and general disleak is top three not good. >> cbs poll show majority of americans don't think the president of the united states -- 9 months in time it takes to play a hockey season with playoffs they don't think he's incompetent or the focus or the effectiveness to be president. 9 months in and that poll echoes that as well again we live in a country right now that's more expense eve to live in for everybody because of inflation we live in a concern that's less sea of to live in because of crime, obviously, here at home. and then we also don't feel so safe because afghanistan now is a playground for isis and al qaeda and taliban so am i secure in my job and are things going well economically for me no. do i feel safer in my home or do i feel safer in general no. those two bench marks are -- completely being missed by this administration, and you don't see any real light at the end of the tunnel as far as this president being able to take this out of the situation guys. >> with every crisis afghanistan or border he always makes big speech not about them but about covid which is why people are calling a covid cover joe concha thanks for joining thus morning. >> thank you i like this combination ashley carley a new thing piro gone this would be great for monday. >> just monday. all day today until 6 a.m. >> we love todd owning i'm kidding it is a guy thing. >> naturally thanks joe. >> see you. >> take care on east coast today is the deadline for the new york state health care workers to get vaccinated or lose their jobs. >> now stat is bracing for a staffing shortage as a result so what come next? cheryl cheryl is live with that. coming up. y unstopables in-washt boosters keep your laundry smelling fresh way longer than detergent alone. if you want laundry to smell fresh for weeks, make sure you have downy unstopables in-wash scent boosters. ing more than 1,000 mourners paying their respects to gabby petito overt weekend it come as new dispatch video reveals at keation with brian laundrie in utah. >> maryann joins live with more on man hunt for laundrie as fbi returns to his home. maryann, what's the latest? >> well that dispatch recording showing new legit on exactly what happened to disappearance of gabby petito during utah police dispatch recording, a caller describes laundrie as the aggressor. just before petito is seen in tear wheel being questioned by police. >> seeing a male hit a female domestic, he got into a white ford transit van with a black ladder on the back florida plate. according to utah law officer required to mac an arrest or issue citation when they believe domestic violence occurred instead police drove laundrie to hotel and no evidence he ever checked in and moab having disciplinary action against officers involved and mean wheel gabby petito dad delivering a heartbreaking eulogy mag an emotional plea to others who may be in an abusive situation. >> if there's a rope that you're in that might not be the best thing for you. leave it. the entire planet knows this woman's family now and she's inspired a lot of women and men to do what's best for them first. put yourself first. >> on sunday fbi agents return to the laundrie home to collect items for dna matching as a person of interest brian laundrie remains missing. law enforcement has been searching the carlton reserve it is a vast and inhospitality stretch of swampy land few medical schools from the family's home. >> when you put this teach of reward money out there, information is going to come forward. laundrie may be hiding out be but someone knows where he is. the family probably knows more information they're sharing -- and, obviously, police aren't sharing everything. >> and the petito family plans to hold a news conference on tuesday, carley, ashley. >> mare job live for us thanks maryann. meanwhile federal investigators are on the ground determine the cause of a deadly train derailment in montana. three people lost their lives at least 50 more are recovering after the crash saturday night. amtrak empire build stretches from chicago to the pacific northwest local first responders help clear the crumpled train cars usher passengers to safety. so tragedy there. meanwhile house speaker nancy pelosi is set up a key vote this week as a possible government shutdown looms on excel. >> charl cheryl from our sister network fox business joins us with the very latest. good morning, cheryl. >> set for the house an bipartisan billion although debate will begin today. >> we will bring the bill before tomorrow for consideration. but you know, i'll never break billion to the floor that doesn't have the votes. >> i remember he pushed back the vote against the will of moderate democrats thursday the stand alone vote and will not vote for infrastructure without pass to the massive $3.5 trillion spending bill and democrats want to raise debt ceiling with zero republican support and jerome powell is worried vocally worried about crisis mode at the fed he said, quote, there's decisions that you don't really ever want to have to make. the institutional risk would be huge. because the fed would have to step in and do things that frankly i won't go into knity gritty that is not comfortable and would kind of blur the lines about and he leaks to keep that agency if you will independent. >> speaking of crisis mode what about new york hospitals? >> new york hospitals are preparing right now for staff shortages. as the vaccine mandate deadline is today for health care workers as of now 60% of new york health care personnel are not haven'ted and we spoke to one worker who is out of a job. >> i'm told after today i'm not allowed to enter the patient care area of my hospital i'll be receiving communication about my termination. patients will be waiting weeks if not months for routine appointments and it is terrible health care. >> new york governor says that she is ready to call in the national guard to help. >> okay, and then to this cheryl biden administration is taking aim at the gas in oil industry which whatever these regulations are that could mean even more time at the pump. : so biden administration is again taking aim as you mention at the ole and embays industry with coming regulation that targets methane gas. now the proposal by the epa will target leaks from a million and gas wells more inspections and repairs likelily to higher prices for consumers remember according to aaa national gallon of gas is at $3.20 and gas price are up over 5.3% year over year. and to be clear, here -- you know, these regulations are on top of other regulations and already going against the industry. and i have to add this to put a final point on this less domestic production you have, you know more that we're going to be worried about saudis again and independent on them again for oil. >> remember when we were oil independent that's good. like last year. [laughter] yeah. cheryl thank you so much for joining us appreciate it. time now is right now 5:29 a shock admission as we learn vast majority of haitians camping out in del rio were set free in the united states. >> and last year, covid shutdown the state fair of texas but this year it is become on and we've sent texas native to check it out. good morning, lauren look at you. >> good morning, my friend -- ongoing border crisis we'll discuss that and texas state fair is back. meet my buddy cash coming up on "fox and friends first." ♪ for deb, living with constipation with belly pain was the same old story for years. trying this. doing that. spending countless days right here. . and is proven to help relieve overall abdominal symptoms belly pain,discomfort, and bloating. do not give linzess to children less than six and it should not be given to children six to less than 18, it may harm them. do not take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach area pain, and swelling. could your story also be about ibs-c? talk to your doctor and say yess to linzess. so many people are overweight now, and asking themselves, could your story also be about ibs-c? 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'. ashley: lawrence, you have been in texas. you are from texas. talk about the state fair. it's back after being canceled last year because of the pandemic. with the people being spoken, to what are they saying from the standpoint of getting employees back to work? has it been difficult for them or has it been pretty easy? >> yeah. i think the one thing in texas is that, you know, everyone is excited to get back. everyone is excited to be at the state fair. and you have these long lines but the problem is, you know, the problem is getting the people to actually be able to work to shorten those lines i was business owners take a look. >> it is a struggle. we are having a hard time finding employees. >> applications we are lucky to get six face-to-face interview was. >> we missed our customers and our partners and employees. we are just thrilled to be back. we are doing it the right way. the state fair of texas has been responsible in creating a safe environment. lawrence: you know what's crazy, you know, i go all across the country and talk with these businesses. they don't really say why people aren't getting back to, would. they definitely say it's the covid. the fact is texas has gotten rid of those payment protections. it's not a matter of people still getting benefit in the it state of texas. a lot of people still don't feel safe going back to work or, two, are deciding to take their career somewhere else. but lines are long. people are excited to be back at the state fair. they are excited to have the food. i know i'm excited about it and then they -- people like cash. carley: four legged person like cash. the last time went to the texas state fair you, me and jillian. you told us how to put on a cowboy hat because we had them on backwards. do you remember that? lawrence: yes. do you know what? y'all get a pass. carley: from philly. >> next time come to texas get you another hat. carley: you look great. looking forward to your reporting from texas all week long. lawrence: thanks. see you soon. ashley: a lot of drivers already out on the road this morning. carley: senior meteorologist janice dean is here with our fox weather forecast. janice, what's going on? janice: not too much to report, which is good news. a couple of cold fronts one pushing across the northwest the other over the northeast and warmer temperatures for the plain states. some cases 20 to 30 degrees above average. so, still feeling like summer over portions of the central u.s. let's take a look at where we have the potential for showers and thunderstorms. still sort of monsoon season here. they are getting some beneficial rain over the four corners and have that cold front mushing over the northwest that could bring some higher elevation know for the rockies. i know, it's here. it sometimes happens. especially across the northwest. then we will see that front move over the central u.s. in advance of that we have got those warm temperatures. so 91 for kansas city. 882 houston. 83 in atlanta, georgia. with some beautiful sunny skies. we do have a cold front going to push across the northeast. this is hurricane sam by the way it became a category 4 over the weekend. we're still going to have to monitor it along the east coast we are going to see the potential for high rip currency. that rip there and also some high surf over the next couple of days and bermuda is going to have to watch this one as we could see a brush with hurricane sam over the next couple of days. the good news is the u.s. is going to remain, you know, pretty calm in terms of tropical weather. a couple other features out in the atlantic but nothing too imminent and we will keep you up to date. all right, ashley and carley, happy monday. carley: happy monday. thank you. janice: you got it. carley: still ahead there are still americans trying to get out of taliban controlled afghanistan after being left behind by president biden. not everyone is giving up on them. north carolina congressman greg murphy has been working to safely evacuate hundreds of them and he joins us next. ashley: plus, a moving tribute to the 13 service members killed in kabul by one very proud american. the story coming up. ♪ ♪ going to be all right ♪ going to carry on ♪ centrum multigummies aren't just great tasting... they're power-packed vitamins... that help unleash your energy. loaded with b vitamins... ...and other key essential nutrients... ...it's a tasty way to conquer your day. try centrum multi gummies. now with a new look. it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? ...delegating? oh, good one. move your xfinity services without breaking a sweat. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? ...delegating? oh, good one. move your xfinity services without breaking a sweat. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. carley: it's been about one month since president biden pulled all troops out of afghanistan. americans and allies are still trapped behind taliban lines. >> the other heart breaking thing is a lot of these people, you know, they are hiding out wherever they can around within kabul or outside kabul many are running out of food and water we are hearing. it's becoming a desperate situation for them. carley: congressman bret murphy one of them members of congress to try to get all u.s. citizens and afghan allies out to safety and he joins me now. good morning to you, sir. >> good morning, carley. carley: congressman, we have heard that 100 number. 100 americans still stuck in afghanistan for weeks now. to your knowledge, is that number true? >> i think it is. it is depending upon what the biden administration think what true is. we have heard that number for weeks and weeks and then all of a sudden 48 americans and number 50 and the number is still 100. to be very honest with you we have no idea exactly how many americans are still left in taliban afghanistan. carley: which is a concerning fact we don't know how many americans are still there and how many americans then want to come home. another number, this one is impressive. your office is helping 740 people get out of afghanistan, many of them green card holders and afghan interpreters. how are you accomplishing that? >> well, carley, we have two full-time staff members. both former marines. one actually in afghanistan 15 months ago who knows a lot of these folks personally. and we are using official channels but also using unofficial channels. the digital dunkirk. unfortunately with the state department, when we send a message either we don't get a phone call returned or digital auto reply that comes back. our response from the state department colleagues has been, i would say, deplorable, unacceptable. we are having to use essentially veterans, folks that have -- were previously in the military and anything like the signal app. or the what's app. to get vudz to coordinate their release to get them out of afghanistan. carley: it's tragic i can't believe it's always been a month these people, especially the afghan interpreters, they were helping the united states and we just left them high and dry and now the taliban is saying that they are going back to their old ways of executions and amputations. they are openly admitting that. so, what are afghans saying who are currently living under taliban rule? what are they saying to you about what their life is like right now? >> well, they are scared. they are scared, carley. because they are just waiting for that proverbial knock on the door when they get taken out. and a family member executed. we saw this past weekend just a couple days ago how the taliban were hanging four bodies up on cranes to give a lesson to everybody. it is a horrifying experience. you know, you read back in the old books of what beginning gus chan and what some of the other folks did that's happening in present day afghanistan. you live in fear all the time of being selected out and either being executed or, as you pointed out, named in one regard or the other. it's a terrifying experience. and what we're see something we went into that country and we had people that were sympathetic with the cause of freedom of what americans stand up for. and now those individuals are being hunted down and we gave the afghans their names. we gave the folks. we gave the taliban their names. and so they have a list to go by to hunt down these individuals. and us leaving them behind in addition to obviously our americans behind is horrible. carley: i'm sure i speak for many americans, you know, in thanking you and your office for doing this we cannot forget these people despite the fact that time is passing. their lives are still very much in jeopardy because of taliban rule. got to get to this because congress is busier than ever this week trying to pass the infrastructure plan and then the $3.5 trillion human infrastructure bill. nancy pelosi wants to do both. she called there a time of intensity. we got about 30, 45 seconds left. do you think both of these things will pass this week? >> well, it's very interesting because the moderate democrats, those who actually have an understanding of what this massive inflationary project will be and then the progressive democrats simply, in my opinion don't understand math are battling out. and pelosi has said she would not bring something to the floor without the votes. she won't have any republican votes because this is essentially giving away the future of this country. you know, they have defined infrastructure as anything they want to do in their democratic wish list it will be very interesting to see if they have any defections this week. carley: all right. congressman greg murphy, we will be watching. thank you for joining us. >> thank you so much, carley. have great day. carley: you bet. you as well. time now for the good, bad and the ugly. first the good the powerful portraits are a tribute to the 13 service members who made the ultimate sacrifice in afghanistan. they were sent to us by proud american graham a grandmother from new jersey who hoped to give them to their loved ones. we asked tine what inspired her work? she said she's sketches were a way to show support and connect with the gold star families. god bless her. ashley: a be propane tank explodes at the texas motor speedway. watcher. [explosion] [bleep] ashley: no one was hurt in saturday's blast in fort worth. only minor damage was reported luckily. carley: yikes. a minnesota viking fan runs on the field to get tackled by security. take down cheered by the crowd can see the vikings get first win of the season. the team beating the seahawks 30-17. that fan coming in with a whopping zero. look at that. ashley: down. my goodness. 5:50 on the east coast. instead of getting control over the border crisis. biden administration is releasing them into the u.s. without vetting or vaccinating them. carley: ken paxton is suing the white house for it. he joins us live coming up next. ♪ how do you like me now ♪ now that i'm on my way many pas of my life. ww. weight loss that works. wellness that works. lose 10 pounds on us! join today at ww.com offer ends september 27th! as someone who resembles someone else... i appreciate that liberty mutual join today at ww.com knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ i got this mountain bike for only $11. dealdash.com, the fair and honest bidding site. we sold an ipad worth $505 for less than $24. a stand mixer for less than $20. a 4k television for under $2. a macbook pro for under $16. as well as a playstation 4 for under $16. and brand new cars for less than $900. dealdash.com offers hundreds of auctions every day. all auctions start at $0 and everything must go. and don't forget, we offer a full 90 day money back guarantee on your first bid pack purchase. i won these bluetooth headphones for $20. i got these three suitcases for less than $40. and shipping is always free. go to dealdash.com today and see how much you can save. there are auctions going on right now, so what are you waiting for? . ashley: mayorkas admitting that' number of will crossed over the border have already been released into the u.s. carley: ken paxton filed a lawsuit against the biden administration for not obeying the remain in mexico policy. he joins us now. i thought the supreme court ruled the biden administration would have to reinstate remain in mexico. what's the hold up? >> good morning. you are exactly right about. a month ago had a great ruling they had to reinstate the stay in mexico program to stop people from coming in the country and disappearing as they waited for their hearing for years. we filed another lawsuit asking the court to give some type of deadline and allow us to do some discovery so we know exactly what is happening in country as opposed now to all of us are in the dark. ashley: i want to get to this. this the haitian migrants processing status. it says 12,400 have -- cases heard by immigration judges. 5,000 being processed by dhs and 3,000 are in detention. my biggest question of this story that we are talking about in particular, you know, the migrants that were released into the u.s., they were given a notice. they have to show up for court. how can would he be certain that they are going to show up to court and that this process can continue from auto legality standpoint? are. >> you know, you ask a very good question i don't think we know the answer. to say i think a lot of these people do not show up. that's been the process. that's what president trump was trying to stop. we have a history for decades of people coming, in claiming asylum when they really don't deserve it disappearing into the country and never showing up for their hearing. that's the problem. that's what trump was trying to stop he did stop. and now the biden administration has moved that policy away in violation of federal law. and we're trying to stop them from doing that. ashley: and to follow up on that has the biden administration said anything as a remedy for this or what they plan to do? is there a number they expect for people to show up? this is concerning. they just let these people, these migrants across the border and just trust that they're going to do the right thing. >> yeah. i think this is very personal. they have been doing this from the beginning. they vin varietied as many people in as could come. and then they allow them to come in and they disappear into the country. this is completely in violation of federal policy. exactly why we sued and why the court said we were right. i think they will say it again. the biden administration just continues to ignore the law and continues to ignore court directives. ashley: a.g. paxton what about border patrol on horseback. they are under investigation. president biden says they are going to pay. they are going to pay for what they did. did they lose their jobs? >> you know what? i feel very bad for them because i think they are trying to do their best with no help from the administration. with no support. and the reality is they are just doing their job. i do not think that these border agents are acting in the wrong way. i think they are doing their jobs under very difficult circumstances. ashley: and we have heard this soundbite from mayorkas 1,000 times i feel like since it happened. but, in it he said our borders are not open and people should not make a dangerous journey. obviously people are not listening to this. what is the state of texas doing or what can you do to try and prevent people from coming across the border illegally? >> well, what he said it couldn't be more false. i think we all know from the day that the biden administration came into office they basically said come and we won't deport you. so you can see the numbers have gone up over 300 percent in a year. so this is purposeful. and this idea that they are trying to stop illegal immigration is just false. we are trying to do our best by suing the biden administration. the governor has tried to send some of these people back, we have been sued under that. we are trying to do our best. at the same time, we feel like the federal government is working against us. >> sir, the bottom line this morning alejandro mayorkas was on with chris wallace yesterday. he said they're negotiating with mexico to try to figure out a way to remain in mexico. it sounds like we have got about 15 second left you think the administration is dragging their feet. >> yeah. that's exactly. why can't they just start the program, stay in mexico program started very quickly trump. they can do the same thing. they are stalling. they don't want to stop it. all right, texas attorney general ken paxton thanks for joining us this morning. we appreciate it. ashley: have a good day. >> thank you, have a good day. carley: it was already a busy monday. a busy week in congress and the border. so many stories to get to but right now "fox & friends" starts. ♪ ♪ 17,000 that weren't deported how many have been released into the u.s. >> i think 12,000 it could be even higher. >> secretary mayorkas and president biden they are in dereliction of duty. >> the shutdown show down is on. >> speaker pelosi eyes to vote on a massive spending plan. >> it is going to change our lives. may destroy our jobs and lifestyle. >> a memorial service for gabby petino as family and friends remember the 22-year-old. >> you are going to leave here today. i'm asking that you guys be inspired by the way she treated

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