intensifying and the migrant surge escalating. patrol officials say they're releasing 5,000 migrants in to the u.s. every day. every day! the reason why republican lawmakers are trying to strike a deal to boost border security. are they any closer? we'll ask the leading republican in those negotiations, senator james langford. "your world" is now. welcome, everybody. i'm neil cavuto. let's get to it. griff jenkins in eagle pass on how they're trying to deal with that surge that he is witnessing right behind him. to you, griff. >> hey, neil. it's been a busy monday here in eagle pass and now in arizona. let's start in eagle pass. let's go to some footage we shot on the drone of a group that came up behind me. you've got more than four to 500 migrants coming here. most of the ones here are from venezuela, guatemala, columbia. we met a man from africa from the country of angola. that was not the first group. we saw two more of 100 or more in different locations. they stretch the manpower in this little tiny sector in eagle pass where they're closing in on upwards of 1,500 migrants just today since the sun came up. let's go to arizona. 1,000 miles to my west. the remote area there is absolutely getting hammered. they're saying group after group of four to 500. many migrants from far away places like senegal, bangladesh, egypt, china. showing no signs of slowing down. border patrol agents are done. they're numb. they're overwhelmed. the manpower is out of control. in texas, the ratio of migrants, 200 to 1. if that's not outnumbered, i don't know what is. that's why arizona's democratic governor, katie hobbs, over the weekend went to the breach in the wall to see the situation and issued stern criticism from the biden administration. listen. >> arizona can't do this alone for should we have to. we're asking the federal government to reimburse us for the costs to arizonians. for far too long, we have brother the brunt of this. i'm tired of it. it's time for action, not partisan politics. >> in another element as you look live at lukeville and eekle pass, the situation we're trying to show you, which is unprecedented these numbers. you have to deal with the national security aspect of it. that's what many like representative tony gonzalez hopes is in that bill focused on national security. we know since october 1 there's been 30 individuals that match that fbi terrorism watch list. it's in the first two months. very concerning for officials. finally, you mentioned the 5,000 releases a day. that is something that they hope will be addressed in the senate bill as well. it is the guarantee of being released by these migrants with a notice to appear, which they may or may not ever show up to is what is drawing them here. the poll magnet, all the encounters. back to you. >> neil: thanks, griff. so the battle on capitol hill to come together with somebody or cobble together something. they're a long way from that. aishah hasnie has the latest. >> just now on the senate floor, leader mcconnell taking democrats to task really telling them that time is running out and the ball is in their court. watch. >> senate republicans have no more spare time to explain the basic reality. we cannot convince anyone that doesn't want to acknowledge the glaring facts on the ground. the senate has to act. >> the senate is running out of days. now talks are ongoing. we're seeing an increase in pressure placed on president biden to get involved. hispanic democrats urging him not to accept any deal that brings back any trump-era border policies. the congressional hispanic caucus, they want a meeting with biden over fears that he's not just going to cave to republicans but also that he may have lost leverage last week when he said publicly that he was willing to make significant compromises on the border in order to secure ukraine aid. those caucus members, they want actions for dreamers, they want work permits for migrants. they're publicly denouncing any talks tar getting asylum seekers. no deal yet. becomes do see to be willing to work with republicans. in fact, the number 2 democrat in the senate, senator dick durbin just came back from a congressional delegation to guatemala. he said today change is necessary. neil? >> neil: thanks for all of that. so where does this stand right now? remember, aid for certainly ukraine and israel to a lesser extent hangs in the balance. senator langford from oklahoma kind enough to join us. senator, how does it look on your end? >> it's busy. we're waiting on the white house. we've had long pauses of engagement from them. the focus is straightforward. we have almost 10,000 people a day. we can't have that number released in the country. we can't process these folks. we have this overwhelming number of people asking for asylum that everyone knows that don't qualify. so they're gaming the system in this. we have to fix that. >> the administration says it's open to addressing the security at the border. just not lumped in with this aid for ukraine and certainly for israel. what do you say to that? >> so the administration said over and over again, we're willing to do it but they never do. they asked us to do a proposal on spending for israel, ukraine, for taiwan and for border spending. we say we understand there's a crisis at the border. they need additional funds. we need a change in policy, not just a change in dollars. they're asking for dollars to facilitate people through. we're asking to say we have to stop people on this. you can't say we have a national security crisis in ukraine. we don't have a national security crisis in the united states. we do. by the way, this is only political here in the 202 area code that watch in d.c. the rest of the country sees it as a problem. for some reason, the white house happened democrats see it as a political issue. it's a national security issue. >> very clearly is. you raised good points, senator. if you're president zelensky and the united states and meeting with the president of the united states tomorrow, he already anxious about european aid that might not be forth coming. and now this. what do you think? >> yeah, we've been very clear. we understand the president that president zelensky has faced and continues to face. we provided aid for 1 1/2 years at this point to help them in every way that we can. the aid will continue to come. but we can't just ignore what is happening in our country while we're helping other people. we also have russians that are coming across our border that we have no background information on, no details on that are coming across our border. we have folks from all sorts of terrorist watch lists coming in. this administration has literally allowed in tens of thousands of people that they designated as a national security risk. but because we had so much, they just released them in the country even though at the border they were designated a national security risk. we can't allow that to keep going. >> neil: much has been made about the situation in ukraine and this war that doesn't seem to end. some are open to the possibility of a settlement there that includes russia keeping a lot of the lands they're occupying right now. how do you feel about that? >> i would say that president zelensky needs to deal with that. we've seen russia. they've been ruthless in their attack. we shouldn't forget that before this war started, president putin said ukraine was once part of russia and so was poland. we should take him at his word that he wants to move west. so we should pay attention to that and try to get an end to this war now. >> martha: nikki haley in some of these polls itted against president biden has him behind 17 points. she has made a big issue, this idea of security for the united states as seen through being tough against vladimir putin and being tough in supporting israel against hamas. do you look at those polls and take from them that maybe the american people are there as well? >> i would say the american people don't want putin to go slaughter his next door neighbors. that's a turn away. this is putin with funding from china with weapons from north korea and iran. what part of that do the american people actually support? we don't. so we should not just ignore what is happening in that area and think that russia, china and north korea and iran will just stop. they're going to continue to use that leverage and that power they're working together to do to be able to continue their assault. so yes, we should pay attention to it. the best thing we can do is stop wars before they get started. once they get started, end them and keep them from actually spilling over and bringing american blood in to it. >> neil: that's the nikki haley position then, right? >> i would just say that should be an american position of basic national security. this is the most basic element that we've had a long time. when russia is on the move in europe, china and north korea and iran are threating their neighbors. it should be the lesson of 9-11. >> neil: got it. thanks, namer. james langford of oklahoma. we'll continue to monitor these talks. one down. an ivy league president. talk of getting rid of two more and protests build up on capitol hill keeps the issue of the war in israel front and center and how institutions sometimes are brainiest on the planet respond. lowe's knows same-day delivery means getting what you need, right when you need it. holiday shopping got easier on affordable décor and more. you know you can get these all at once, right dad? the holidays got sweeter with same-day delivery. you got this. we got you. ah mornings! cough? congestion? i'm feeling better. all in one and done with new mucinex kickstart. headache? better now. new mucinex kickstart gives all-in-one and done relief with a morning jolt of instant cooling sensation. it's comeback season. >> tech: cracked windshield on your new car? 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>> martha: we're following liz mcgill's resignation. calls for the president of harvard to resign. 700 members have signed on to a letter urging harvard's governoring board not to fire gay. saying the critical work of defending free inquiry in our diverse community are shaped by outside forces. critics say harvard is treating jewish faculty and students different. they rank dead last out of 248 colleges did least in a college free speech ranking. anti-semitic protests have been allowed to run unabated on its campus. the lone rabbi in harvard because he said anti-semitism is deep and wide on campus. >> you want to express yourself in a paper or say something publicly at a rally, nobody thinks it's ill legitimate. what is going on here a certain group is being systematically targeted over and over and over again. supporters of israel and particularly jews. >> gay is being called to be fire by students on a campus and also that she plagiarized her ph.d. thesis. she said she has worked to ensure her scholarship adheres to the highest academic standards. one of gay's dissertation advisers called the claim false and absurd. the governoring boards of harvard are meeting for the second day in a row: neil? >> neil: backs with us is jacob miller. we got a lot of response from him when he appeared on my show. a harvard student, harvard president. jacob, do you think the president of the university should just step down? >> thanks for having me back. her testimony in congress was appalling. it seems there's a double stan guard for jews. if any other group was facing calls for genocide against them, would the response be nothing or muted? harvard rescinded acceptances to admits for engaging in racist speech online and circulating racist memes. in congress, claudine gay said she would do nothing if there were calls for genocide against jews on campus. anti-semitic speech doesn't fall into the code of conduct. even though there is for harassment. i don't know the solution here but her testimony was hurtful as a jewish students on this campus. >> neil: i'm curious what you make of the fact there was no dust up and no counter to her until some big donors to your university said they weren't going to be donated money? they were pulling that money. do you think that that was the impetus for change here? >> i think sadly that's been the impetus. there's a clear lack of moral clarity when it comes to the administration on this campus. they're welling to let anti-semitic speech slide. it took donors that are threatening to rescind donations or stop donating to get them to consider, you know, maybe actually anti-semitic speech is okay. i don't view this as a -- this doesn't restore -- claudine gives credibility in my mind, the fact that she took back her remarks after coming under scrutiny and a lot of pressure. she was asked in congress whether calls for genocide would violate the code of conduct. >> neil: when we talked before, you talk about how this anti-semitism was there. sometimes beneath the surface, not that much below the surface and then this issue of october search and the hamas attacks and israel's response and the flood gates opened. but are you convinced that even if mrs. gay were to step down, that anything would really change? that that is still under the surface? >> yeah, i don't think anti-semitism comes from the university president. mainly comes from all of my peers that have been allowed to build up anti-semitic prejudices throughout their lives. look on social media, i see posts about jews controlling the media. harvard students are posting this online. i saw one post on an app for harvard users on october 7 that let "let them cook" with the palestinian flag. there was another that had a picture of an emoji of a baby's head and then there was a space and it was a baby's body as if the head was detached from the body. so, you know, the rhetoric is incredibly toxic. you know, i would say claudine gay is the symptom but not the disease. >> neil: did you know a lot of this going in, you're part of the elite of the elite and you seem to be aware of so many of this anti-semitism. you accept it and went and trying to make the most of it now and how to move forward. do you reget any of that? if you had your druthers again knowing what you know now, what would you have done? >> actually, it's incredibly important for jewish students to continue attending elite ivy league universities. we can't let anti-semitism prevent us from attending these institutions. if we leave, the only voice remaining will be either a silent voice combined with the voices that are anti-semitic. it's imperative that students attend ivy league universities. students from harvard are successful. it's important that we influence our peers going to go on and do well in life and ensure that not the only voice that they hear on campus doesn't come from anti-semites but people, jewish peers, that stand up and defend ourselves. so i would advice all high school students considering applying not to let it scare you. it can be uncomfortable. there's an incredibly important work that needs to go on right now. you know, you can be part of the solution and don't let the scary rhetoric prevent you from coming. one fulfilling your dreams and two doing service to the jewish people. >> neil: thanks, jacob. appreciate it very much. in case you're keeping track right now, 92 attacks on american soldiers since all of this erupted in the middle east, particularly in israel. why congressman michael mccaul says the time has come that we respond. but how? 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>> want to go to congressman mccaul. chairman, good to see you. we're always in this conundrum where these attacks continue, they're running now at about ten times the rate of our responses to those attacks. but the options are far to hear the administration tell us. you can't go after iran itself or attack points in iran. the closest we've come to hitting outposts in northern iraq. what do you do? >> as you indicate, we've had over 90 attacks on our troops in iraq and syria from iran-backed malitias. for the most part, that has gone without any response. we had five response attacks to that. i agree with general keane. if you want to provide that deterrence that is necessary, they only understand one thing in this part of the world. that is force. if you want true deterrence, you have to provide that response force. i give the administration credit for putting the carrier strike group in the eastern mediterranean and the persian gulf and the two destroyers to intercept the houthis. iran sees the deterrent value of those ships in the waters, but they do question our resolve. i think our inability to respond to their attacks is making them question it that much more. >> neil: when we talk about going after iran and you go short of going right in to iran, don't you think, chairman, iran knows that and its various proxies know that and say we're going to keep doing what we do? >> that's why they have proxies, neil. look, the united states military is not authorized by congress to attack iran in the country of iran. we can respond in self-defense when they attack our troops. so this is under article 2, the constitution. we have -- my committee has the authorization of use of military force. we're looking at should we include these iran proxies like hezbollah, hamas, like the houthi rebels. right now they don't have that authority. i would never recommend attacking iran within its own borders. i think that would be a tremendous escalation that is not necessary here. the main goal is to contain hamas in gaza and make sure this doesn't escalate. we don't want to see hezbollah and lebanon shooting 100,000 rockets and overloading the iron dome and then the united states and our allies have to get involved in this, which quite frankly we already are. >> neil: so our various allies and allies in the region seem to know that iran does this sort of thing and we put up with this sort of thing. to your point, of not going to iran itself and i understand that, who is to say that others aren't continuing to feed this beyond iran in the hope of getting us to get bogged down in these tertiary attacks that might be funded by iran? >> it's all backed by iran. it's also backed by russia and china. i mean, they're all in this together. i think that should be a very strong point to make. as we look at this national security supplemental, all of these threats are really tied together. if we show weakness here and invite more aggression from iran, i believe that would be a mistake. i think reagan talked about peace through strength. so we have to show strength to get them to stop being so provocative in the region. again, that force protection -- also, questioning our resolve is very important right now to demonstrate that in the region to avoid an escalation. i don't think iran wants us to escalate in a war or hezbollah. but they want to bog us down here. to your point, neil, no one loves us more than putin and nobody loves us more than chairman xi and china. they think this is a major distraction from their efforts to look at europe and the pacific as they calculate their next move. >> neil: got it, chairman. thanks very much. as the chairman was wrapping up there, we're learning from the senate majority whip, dick du durbin, he was talking about aid. he got a call from the white house on the border talks saying over the weekend, they discussed the issue on the border situation itself. he said i think the current situation is not susstainable. that's a very prominent democrat to state the obvious, that the border is a mess and within the party they know it. they fear it and they think something should be done about it. stay with us. the day you get your clearchoice dental implants makes every day... a "let's dig in" day... mm. ...a "chow down" day... a "take a big bite" day... a "perfectly delicious" day... - mm. 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>> hunter biden now has two court fights ahead of him against the united states government. that is in addition to other cases like the one where the president's son is suing the irs. the most recent case is the indictment that was filed in california last week. that's the tax case where the government claims between 2016 and 2020 the defendant, hunter biden, spent money on drugs, escorts, girlfriends, luxury hotels, rental properties, cars, clothing and other items of a personal nature. in short, everything but his taxes. the charges over his taxes were not really a surprise because special counsel david weiss said in a court document in august that he would likely charge him for tax crimes in california or washington d.c. he chose california because the alleged crimes were in the statute of limitations and hunter has lived there since 2018. here's hunter's attorney this morning. >> did he file a false return? i'm just ending where i started. it's a yes or no. >> it's not a yes or no. because you want to drill -- in order to file a false return that is actionable things, the following has to occur. it has to be willful and deliberate. hunter was late in filing and paying taxes in certain years. that is a given. as our millions and millions of americans that do the same thing. >> the tax case is based in california. he's facing federal gun charges on a gun purchase from 2018. that's in delaware. his attorney abbe lowell filed motions trying to get that case completely thrown out. it's possible that hunter biden could face two different trials next year. the same year his dad is running to keep his job as commander-in-chief. neil? >> neil: thanks, david spunt. to them dupree, the former assistant deputy attorney general. do i understand this correctly to see that it's hunter's lawyers not only trying to get these charges -- the gun charges dropped, but to say the tax charges are unnecessary. it dropped everything. >> that seems to be the legal strategy. i can't say i forecast a high degree of success on this. hunter's own lawyer couldn't say whether he filed false tax returns. when the your lawyer struggles with that and can't give a straight up yes or no, you'll have a tough time defending the case. he's trying to get the gun charges in delaware knocked out. it's interesting. the basis for this argument is that the law itself is unconstitutional and violates the second amendment. so he's going to have an unhill battle there, too. we'll see how it shakes up. >> neil: earlier in the summer when this was tied up and neatly in a bow as part of a plea agreement on the gun charges, now the gun charges they want to go. the tax charges open up another whole can of worms. where do you see them going? >> yeah, i got to think that hunter biden's legal team has to be having a bit of remorse here. their look at where things were in the summer, one step away from pulling this legal troubles behind him and having this be a closed chapter in his life, not causing his father and his administration this huge headache. but that deal as we know has blown up. now he's going to face the worst nightmare of two possibly concurrent trials unfolding at the same time or close to the same time on opposite coasts with the possibility of substantial legal possibilities including imprisonment if convicted. >> neil: if i could switch to donald trump who passed on testifying at his civil fraud trial today. what do you make of that? >> well, that didn't come as a huge surprise. he already testified earlier in this trial. my best guest here is the trump defense team thought look, he said everything he's got to say. he told his story to the judge, put it on the record. this judge is not buying a lot of it. what is the point in having the former president come back again to repeat a lot of the things he said before. better to kind of put on their defense case with expert witnesses with other witnesses, other family members rather than bring the former president back to court and have him testify again. >> neil: i always wonder, tom, whether this was just a waste of time. the judge came preloaded with the view that the president misrepresented his financial assets, buying the attorney general's story, argument and case. a number of revelations at this that indicated some of the things that letitia james focused were things that were not unusual or not at all part of the way businesses value assets of any type beyond real estate. yes he's not going to change his mind, the judge. where does this go? what is next? >> yeah, this has been a curious trial for that very reason, neil. how often before trial do you have a judge basically announce the decision but say let's have a trial anyways? so what the judge is focusing on here is what the remedy is. legal speak for whether there will be an award of damages, whether mr. trump will have to pay a fine, whether his business license could be suspended. figuring out what the punishment will be for the fraud this judge was found was committed. for all appearances shows no likelihood of changing his opinion on that. >> neil: amazing. tom, as are you. thanks, tom. tom dupree. meantime following the fallout from the devastating tornadoes in tennessee. nicole valdez has more. nicole? >> neil, davidson county officials pulling a 2-year-old boy from the three dead behind me. the devastate across the volunteer state very real. we'll tell you more about what they're doing and why officials say for some power outages may be the case for weeks. kitchen tool? 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>> neil, i'm standing along the path of a powerful ef-2 tornado that ripped through madison, tennessee, davidson county. powerful enough to left one mobile home off of its bearing sending it crashing down on to another. inside one, a mother and her 30s and her 2-year-old son. both found dead just hours later. an incredibly heart breaking scene. you can still make out what was once inside the mobile home. all the appliances, everything that they ever owned. look at the destruction. it goes on for miles. the path very clearly market. beyond this, a power substation also hit. and then and explosion that so many people. the pain throughout the volunteer state still so, so palpable, survivors telling us that some had less than five seconds to get to safety. one woman told us she was in the shower just moments before the tornado ripped her home to pieces. >> i got in the bathroom and threw myself under the stairs. immediately the house shook. i heard glass breaking. it was a blow-out. i started crying and praying. as soon as i opened the door, i stepped on glass and looked through the side. my entire house was blown out. >> of course, total six dead so far. between montgomery and davidson counties. a lot of mourning here. those that have lost their homes, displaced, staying at nearby shelters. power outages affecting thousands. officials worry that we could see the number remain high for several weeks, neil. >> neil: and during the holiday season no less. thanks, nicole. meantime here, hamas is drawing a hard line now threatening to kill all the remaining hostages that it has under its control if demands are not met. wait till you hear the demands after this. hey, grab more delectables. you know, that lickable cat treat? 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ask about the power of 3 with ozempic®. lowe's knows the best deals are the ones that keep on giving. so shop our 25 days of deals where you can discover brand new offers. buy now and pay later with lowe's pay. >> tech: when you get a chip in your windshield... trust safelite. ♪ upbeat, catchy music ♪ >> tech vo: this couple counts on their suv... as they travel for their small business. so when they got a chip in their windshield... they brought it to safelite... for a same-day in-shop repair. we repaired the chip right away. and with their insurance, it was no cost to them. >> woman: really? >> tech vo: plus, to protect their glass, we installed new wipers too. that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ >> as the war rages in gaza, hamas is raging back, threatening to kill hostages if demands aren't met, such as more aid for gaza, but more to the points, more prisoner exchanges. we are told hamas still holds the bodies of 20 hostages who died in captivity, 137 hostages are still alive we are told. 100, freed during that seven day cease-fire. some thoughts from -- at the senior advisor to prime minister bennett and then yahoo. >> thank you for having me. >> what do you make of these demands? >> i think it's psychological warfare, where we can have no illusions about who hamas is and what they are capable of. we saw the violence, the atrocious horrific violence that they committed when they invaded our country on october 7th. the burnings of people alive, the beheadings, the rapes, the machine gunning of people at the young music festival. we have got hostages -- a week and a half ago. we heard stories from them, terrible stories of abuse, of foul both physical and psychological. the head of the children's hospital that accepted the children that came out of captivity. after 50 days, she said without going into many details that there are privacy issues, but that the children came back as shadows of children, her words. of course, we fear for the hostages. >> we know of these 20 hostages who died in captivity. a good many of them, i don't have an exact number so i apologize. you probably do. hamas has blamed israel on attempted attacks in gaza. what do you say to that? >> that is their playbook, blame everything on israel. what is the truth? they were kidnapped by gaza, by hamas, forcibly abducted and taken back to gaza. hamas is responsible for them. they have died under hamas' watch. hamas is responsible, accountable, and we will hold them responsible. we will bring them to justice, we will reach every hamas terrorist who is responsible for the killing and murder and mutilation of israelis, and they will pay a price. >> you, meanwhile, and israel is leading this hunt and capture of the hamas leader. some suspect he is still in gaza. do you believe that to be the case? >> we believe he is underground somewhere in this area. that is the latest information i have. we will reach him. it's only a matter of time. what's interesting to see is that as hamas' regime of terror inside gaza appears to be more and more shaky, we are actually seeing more people from gaza speak out about it on television. it's interesting. until now, authoritarian rule, everyone was scared in gaza -- the palestinians to speak out against hamas' regime. as things look more shaky, the ideas that we are seeing, we are seeing more and more gazans stay and -- stand up and say "the leader of hamas, you are responsible for this destruction, for everything that's gone on, for the responsible of -- you are responsible for this work." i think you will see more pent-up anger from people in gaza against the hamas leadership for what they have brought upon gaza. >> reaction for what's going on in israel, but particularly these protests in the united states, and a lot of protests on some ivy league campuses of the united states. at this university, the university of pennsylvania, this person stepped down because she said very little in response to anti-semitic actions of students there. others' jobs could also be on the bind. what do you think of that? >> obviously, anti-semitism is a concern and should concern everyone, because it starts with the jews but never ends with the jews. people have talked about anti-semitism as exposing the canary in the mine shaft, so to speak. people, as i say, might say they are only against jews or speaking to her and kill the jews, but ultimately, it never ends with the jews. this society with -- >> thank you. we will keep you posted on these latest developments, and the confusion of the number of hostages left and held by hamas, or hamas operatives. there is not a firm number on it. here comes "the five." ♪ ♪

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