that was good. have a good night. good evening, welcome to washington. i'm bret baier. breaking tonight, the border blame game. we have dramatic new video tonight and a major development on a story we first brought you last night. fox was there as several suspected criminals were arrested for squatting in a house in the bronx. while six of the eight were previously released without bail three of them are now back in custody tonight. we will take you there. florida governor ron desantis is demanding answers from the biden administration about what he says is the covert f illegal immigrants into his state. and the bidenomics goes after another southern state accused of interfering with its enforcement of immigration law. we have fox team conch tonight on immigration. david spunt in new orleans where a federal court heard arguments concerning the texas law allowing state officials to arrest border crossers. matt finn in el paso, texas, on a little known federal immigration policy allowing the government to ship migrants wherever it wants. but we begin with bryan llenas in the bronx and that new arrest video. good evening, bryan. brine brine bret, geographic. fox was on the scene as federal ice agents arrested three presumed migrant squatters from this home in the bronx after they were released without bail by new york city judges. in a fox news exclusive, our cameras capturing the moment a dozen ice enforcement and removal officers arrested two men and a woman presumably migrant squatters living inside a bronx basement apartment. the targeted ice arrest this morning coming after six migrant squatters living at the same address were allowed to walk free without bail despite facing multiple gun and drug charges. ice appearing to step in rearresting three of those migrant squatters without help from authorities in new york, a sanctuary city. >> no partnership no, cooperation with the federal not have been freed. >> we should not have been there to do this dangerous work. >> neighbors say the squatters were living here illegally for about a year to a year and a half. they complained about the noise and the scooters, in fact one neighbor told the "new york post" she saw a migrant squatter beating a man with a pipe. bottom line is one neighbor, bret said they were most about the fact this all happened across the street from an elementary school. bret? >> bret: amazing. bryan llenas in the bronx,bryan, thanks. >> bret: florida governor ron desantis extremely upset of what he said is a secret biden administration program to bring illustrate legal immigrants into his state. correspondent matt finn is in el paso, texas tonight to tell us about where those migrants are coming from and where they may be going. good evening, matt. >> bret, the el paso sector is frequently the country's busiest for illegal migrant apprehensions. over the past couple of days we have talked to migrants inside the international airport who tell us they have plans to fly to all different states, and at the same time we now know that migrants are being flown into the united states. first of all, it's an illegal program. they are bringing people in who don't have a right to be in this country. >> florida governor ron desantis today demanding the biden administration end its chnb parole program. chnb stands for cuba, hatedy, nicaragua and venezuela. the program lets migrants from those countries bypass the traditional immigration process and get temporary entry into the u.s. officials cbp numbers show that overall in fiscal year 2023, 184,000 migrant from those countries flew into miami alone. a dramatic increase from just 1500 migrants in fiscal year 2022. thousands more reportedly flew into other states like texas, and california. desantis says the biden administration quietly brings in the migrants making it nearly impossible to track them. >> if they throw six people on a commercial flight coming from a foreign country, there's no acknowledgment at all. >> in a statement to fox news today, the white house denies desantis' claim of secrecy writing in is a lawful process that cuts out smugglers seeking to take advantage of vulnerable individuals considering migrating and successfully increased regular migration from these countries to say this program is a secret is laughably false. the program's public website details the applicants face a list of background checks. u.s. citizen sponsor them willing to pay their expenses including the cost of an airline ticket. paroled migrants can apply work here. after two years the biden administration says there's a full range of existing lawful immigration pathways. >> florida is fighting this program in court right now and a group of house republicans have signed a letter demanding president biden terminate it, bret? >> bret: matt finn in el paso, matt, thanks. fox news has confirmed a report that a texas national guard soldier has been arrested after allegedly trying to smuggle an illegal immigrant across the border. police officials say the soldier used a government vehicle during sunday's attempt, we have just obtained dash cam video as you see here showing the guardsmen being pulled from the vehicle and arrested. who is allowed to enforce immigration law was up for discussion at a federal court in louisiana today. the biden administration insists it is a federal responsibility. the state of texas has a law that contradicts. this they are fighting it in court. correspondent david spunt is in new orleans tonight outside the courthouse. good evening, david. >> bret, good evening to you. two of the three judges on the federal appeals court panel behind me seems skeptic of the federal government department of justice arguments and may side with texas. texas officials say that border patrol is understaffed and overwhelmed. they protest outside here of the federal courthouse in new orleans lasted for about an hour during those arguments. it's about this controversial state law that would allow any law enforcement officer in texas to arrest people for illegally crossing the border and possibly have them removed. the government argues immigration is a purely federal matter and pointedly rejected texas' offer to help manage the border. >> if the answer is just we don't have the resources, why hasn't the federal government taken texas up on its generous offer to say hey, here are resources, we will do if for you. they are saying no. not just saying no. respectfully. they are destroying our texas' property. they are suing us. today lawyers for the justice department argued texas has no right to patrol the border. >> they have not cited a single case in which the government has endeavored to bring an action of this kind in and the court has refused to allow it. not one. from any court. >> a ruling is expected, bret, in a matter of weeks. we expect the losing side to go to the supreme court. for the final word in an election year, of course. bret? >> bret: david, thanks. ♪ ♪ the campaign has begun. white house correspondent peter doocy asked the president's press secretary about that story on the bronx squatters as the president is trying to shift talk away from the border and immigration and about poor polling on those issues to focus on his efforts to lower healthcare costs. peter has that story from the north lawn of the white house. >> we beat big farm in a, finally. [applause] >> president biden is being beaten by donald trump in six out of seven battleground states by the "wall street journal." he is losing all the battleground states. >> no he is not losing all the battleground states. >> peter: that's true president biden leading trump in wisconsin. but problems with key constituencies are growing. last night in what is believed to be president biden's first meeting with an aide worker who has been in gaza since the war started a doctor walked out of a meeting with the president. >> you know, there wasn't a lot of response. he actually said that he understood. and i walked away. >> next day, no hard feelings. >> he understands that this is a painful moment for -- for many americans. >> the president's position on immigration also cloudier today because his campaign manager tells "the washington post" the president doesn't talk about shutting down the border. but, he does. >> that bill were the law today i would shut down the border right now and depiction it quickly. >> peter: now bad headlines about border crossers a could you seed of committing crimes getting worse. >> a person guns and drugs. six are out on bail. does president biden think policies like that are making the country safer? >> i want to be careful that's an active case. person poses danger to a community they should be detained pre-trial. >> peter: big update on the strategic petroleum reserve tonight. folks here made major withdrawals a few years ago to counter what they called the putin price hike. they said they are going to fill it back up. but today canceled a plan to put 3 million barrels back in. the energy department is saying oil is just too expensive right now. this could also be a nod to climate minded voters we'rey of a second biden term. bret? >> bret: peter doocy live on the north lawn, peter, thanks breaks tonight president's environmental protection agency about why that agency didn't declare a public health emergency after last year's train derailment involving toxic chemicals in east palestine, ohio. here is chief correspondent mike emanuel. >> never declared the massive dearraignment in east palestine, ohio in february 2023 a public health emergency, even though the derailment forced about half of the community to evacuate. the story was first reported by the associated press internal epa emails reveal there were concerns about the consequences after chemicals spilled and burned, quote? there could very be be dioxin concentrations low flame combustion occurring at the train cars. dioxin is a highly toxic chemical compound epa stopped short of a formal declaration the issue of declaring a public health emergency is a difficult one. we have the authority but have only used it once. watchdog group the government accountability project obtained the emails after making a public records request. its conclusion, quote. taken as a whole, these documents reveal epa's dereliction of duty, protect the public, and the environment. president biden visited east palestine a year after the disaster. >> working with the state, we have tested the air, the water, the soil quality, deployed teams of health experts. >> ohio republican senator j.d. vance has blasted the epa's handling of the crisis. >> what the federal epa has made hard to do is to actually get the toxic dirt out of east palestine in the first place. i hate to say it this is all about politics. >> local residents say they don't think they will able ever be able to go home. >> it's horrific, all of our items that were special to us are all stuck in our house. and we can't go back because it's filled with particulars sins. >> the epa says it was open about the dangers when it told nor fork southern responsible for the damage. may constitute eminent and substantial darrenment to health it. insisted public health emergency wasn't needed because it had the necessary legal authority, bret? >> bret: the question with this disclosure is whether congress takes this ball and holds hearings. >> one would think they would. you heard how fired up senator vance was on your program. and so it would seem to be something that people in ohio, pennsylvania, and elsewhere would be greatly concerned about and would be under congress' jurisdiction. >> bret: all right. mike, thanks. >> you bet. >> bret: up next brit hume on the charity attack killed several charity workers and the fallout from it. fallouts. fox 5 in baltimore as a second temporary channel is opened near the site of that cargo ship disaster that brought down the francis scott key bridge. the new channel is 14 feet deep in depth as the clean up continues. wsvn in miami as authorities block off roads in miami after a man posing as a worker climbs on to a cell tower, video as you see here captures him going up to the tower like a jungle gym. at one point he was seen unhooking clamps that connect power to that cell tower. he was eventually brought down by police. this is a live look at chicago from fox 32, our affiliate there one of the big stories there tonight, organizers say an open water swim in the chicago river will be held in september. the u.s. coast guard has approved the event which has been in the planning stage for a dozen years, believe it or not. this would be the first such swim in that river in more than 100 years. that's tonight's live look outside the beltway from "special report," we'll be right back. ♪ chicago ♪ ♪ to test the toughness of the kia sorento x-pro and the kia sorento turbo-hybrid... 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(♪) all on one track. to prove these three-row suvs were built for the unstoppable. kia. movement that inspires. ♪ >> bret: federal prosecutors are criticizing the judge presiding over former president trump classified documents case in florida. they are warning her potential jury instructions rest on what they call a fundamentally flawed legal premise. judge aileen cannon had asked prosecutors and defense lawyers to respond to competing interpretations of the law appearing to accept the former president's argument he is entitled to retain the sensitive documents he is charged with possessing. another judge overseeing former president trump's new york criminal trial has rejected his bid for a delay until the u.s. supreme court rules on his presidential immunity claims in another case. the judge deemed the former president's request untimely. ruling his lawyers had plenty of opportunities to raise the immunity issue before they finally did so in a march 7th court filing. it is moving forward, that case, april 15th. ♪ ♪ >> we were targeted deliberately. not stop until everybody -- that cannot be -- that cannot be the role of an army. that cannot be the role of an army that has hundreds of drones above gaza in any single moment. >> bret: celebrity chef jose andreas speaking out for the first time after seven foreign aid workers with his central kitchen nonprofit were killed in an israeli airstrike. the attack has renewed criticism of israel's conduct in the near six month old war with hamas. the white house has expressed outrage. >> the strike was not carried out with the intention of harming wck aid workers. it was a mistake that followed a misidentification at night during a war in a very complex conditions. >> we leave it to, obviously, the israeli government to do that investigation. but we want to make sure that it's swift, it's comprehensive, that it's made public. >> bret: let's bring in fox news chief political analyst brit hume to talk about this and the status of the war. brit, good evening. the outrage was mentioned numerous times over the past day and a half. your thoughts on the fallout from this and where it goes from here. >> brit: administration joining pile on tremendous mistake by israel military. to its credit has acknowledged, investigating and apologized for. that sets it quite apart from the kind of things its enemy in case does. and i don't think there is much credible evidence mr. andres to the contrary that this was a deliberate tia attack to attack him or at least his organization and it people on the one hand continuing to send weapons to israel to fight hamas. and increasingly critical of that effort. it has said if israel goes and attacks hamas in rafah, that that would be crossing a red line and civilian casualty damage would be unacceptable to all the rest of it. the truth of the matter is that war is hell and this is what happened here was an example of that. and it's a further example would be what happens if they go into radicalize and there are serious casualties as there probably will be. what you need say about that seems to me is that has israel done what it can? there are real leading world authorities on civilian casualties in warfare that say that israel is doing more than they have almost ever seen a country do to try minimize them. so the administration on the one hand is criticizing what israel is doing and saying that the next step, inevitable step that would get this war over with, which would -- that's what really reduce the civilian casualties would across red line. it is quite a remarkable policy considering it is at war with itself. >> bret: quickly brit, we talked about this a lot. there is a lot of concern about the civilian casualties and how the war is being implemented, however, the onus does not appear to be on hamas, to get rid of hostages, to surrender, to let people out of gaza. >> brit: yeah, it is as if hamas which has shown it its capable f most horrendous atrocities. does not stand before the world in the same way israel does. that's true to some extent. on the other hand, to be perfectly clear about this, none of this would be happening if hamas outgunned, outmanned and really overwhelmed would simply surrender. that would save lives of its fighters and it would save countless civilian lives but no one seems to be talking about that possibility. no one seems to be holding hamas responsible. let us not forget, this bret. it is often said that people living under hamas' rule in gaza are innocent. and no doubt many of them are but let's not forget it was those people, those people in gaza who elected and put hamas into power in the first place. and if you look at such polling on this issue, they overwhelmingly support what hamas has done toward the israelis including the attacks of october 7th. so, it seems to me that's worth keeping in mind when we think about the moral equities here. >> bret: quite something to watch and cover. brit, as always, thank you. up next, the culture war over diversity, equity and inclusion policies. the biden administration makes a move. but uncontrollable movements called td, tardive dyskinesia, started disrupting my day. td felt embarrassing. i felt like disconnecting. i asked my doctor about treating my td, and learned about ingrezza. ♪ ingrezza ♪ ingrezza is clinically proven for reducing td. most people saw results in just two weeks. people taking ingrezza can stay on most mental health meds. only number-one prescribed ingrezza has simple dosing for td: always one pill, once daily. ingrezza can cause depression, suicidal thoughts, or actions in patients with huntington's disease. pay close attention to and call your doctor if you become depressed, have sudden changes in mood, behaviors, feelings, or have thoughts of suicide. don't take ingrezza if you're allergic to its ingredients. ingrezza may cause serious side effects, including angioedema, potential heart rhythm problems, and abnormal movements. report fevers, stiff muscles, or problems thinking as these may be life threatening. sleepiness is the most common side effect. take control by asking your doctor about ingrezza. ♪ ingrezza ♪ >> tech: at safelite, we'll take care of fixing your windshield. but did you know we can take care of your insurance claim? 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please go to puppy food bank dot org. your $15 a month donation will help puppy food bank support pet rescue shelters with pet food. donate now and puppy food bank will send you a very nice gift. >> bret: fox weather alerted now several communities cleaning up tonight after severe weather. additional storms are expected along the east coast from the mid-atlantic to florida. about 32 million people could be affected. yesterday there were hundreds of reports of damaging winds, large hail and tornadoes. the hardest hit areas appeared to be along the ohio river. at least one person was injured. more than a quarter million electrical outages were reported. the chairman of the federal reserve says he needs additional evidence that inflation is subsiding before cutting interest rates. chairman jerome powell making that statement at stanford university. stocks mixed after those comments and a choppy trading session today. the dow lost 43. the s&p 500 finished ahead 6. the nasdaq gained 17. disney shareholders are rallying around long time ceo robert eye gore rejected bids by pelts and former chief chnel officer james are a sue low, for response spots on the company's board. disney reportedly lost a billion dollars last year with thee at trick call flops including the new ant man and indiana jones sequels. many private businesses and other organizations are pushing back against diversity, equity and inclusion policies. commonly referred to as dei. but the biden administration is actually going the other direction. state department correspondent gillian turner shows us tonight from state. >> the emphasis that the secretary has put on this job has not wavered and has put on this issue has not wavered. >> secretary of state antony blinken is appointing a new chief diversity and inclusion officer filling a senior level position that's been vacant for nearly a year. blinken says when it comes to dei, quote, we will continue to pursue this mission aggressively. >> the secretary believes that having a workforce that reflects america and all of its diversity makes us stronger and improves our national security. >> but just last month state department officials appeared eager to put distance between the secretary and leaked cable on gender pronouns he signed off on. in it blinken orders the diplomatic core to avoid terms like manpower, mother father and even ladies and gentlemen. i do not have any problem with the term ladies and gentlemen and i feel fully confident saying the secretary does not either. >> now a major funding fight with capitol hill is brewing. the state department requested 8 # million dollars to promote diversity and equity in fiscal year 2024, prompting wirthing criticism from house foreign affairs chairman mike mccaul quote ideological over emphasis on deia has come to penetrate every bureau and embassy under the biden administration. now foreign and civil service officers must pledge allegiance or else risk not being promoted. mccall's office tells us the real price tag of the state department's dei program is likely tens of millions of dollars higher than what it has disclosed to congress. they say he is now fighting to get every last line item of taxpayer dollars disclosed publicly pretty? >> bret: gillian turner at the state department. thank you. there are accusations tonight against homeland security personnel involved in last week's raid of the los angeles mahmoud ahmadinejad mansion belonging to rap mogul sean "diddy" combs. the mother of one of sean "diddy" combs is releasing video from inside that home during that raid. she says there was an effort to humiliate and terrorize people. chief correspondent jonathan hunt has details tonight from southern california. >> this is the first time we have seen what happened inside sean comes l.a. mansion last week when heavenly armed federal agents raided the property of what we are told is part of a sex trafficking investigation. in this edited security camera video agents are seen moving along a hallway apparently guided in part by a drone detaining but not arresting two of combs adult sons christian on the right in a doorway, justin walking along the what you have been approaching the homeland security agents who have their rifles pointed at him. the video was posted by 30-year-old justin's mother misa hilton who in an instagram post called the raid overtly militarized and deplorable and she said, quote: if these were the sons of a nonblack celebrity, they would not have been handled with the same aggression. the attempt to humiliate and terrorize these innocent young black men is despicable. we asked homeland security for a response to those comments, we have not heard back but law enforcement experts say the agent's actions were standard practice for this kind of operation. >> you have going in stacking as they call where they line up with each other, they carry those types of weapons because they are trained to use them. the officers gun is pointing up. his fingers are never on the trigger until yesterday to fire. these guys practice this over and over and over every day every week this is their job. >> raids follow the filing of several civil lawsuits accusing comes of sexual assault. sexual acombs denied all the allegations against him and attorneys have dismissed the homeland security investigation as, quote: nothing more than a witch-hunt based on meritless accusations. bret? >> bret: jonathan hunt in l.a. jonathan, thanks. some disturbing news tonight about a chinese connection to potentially dangerous vaping materials here in the u.s. researchers say there is no telling what's in the products. here is correspondent griff jenkins. >> everywhere you turn, americans are puffing away on electronic cigarettes commonly known as vaping. cdc data 10% of high schoolers and 5% of middle schoolers. it's the chinese ones not approved by the fda that worry doctors most. >> if it's not fda approved it's dangerous, a risk to your health and i highly recommend avoid it at all cost. >> researchers ongoing study alarming prevalence of chinese illegal vapes rummaging through the trash and streets and neighborhoods washington, d.c. collecting scarredded packages. >> every we find by the fda we found about 1,000, yes 1,000 products that are not approved by the fda. >> the group's founder says the real problem lies in the import distribution and sale of such products. >> most proverbialably smuggled into the u.s.a. and distributed in illicit ways. >> the former atf deputy assistant director says this should raise red flags. >> the fact that they are getting these products from china where they could be tainted with god knows what is concerning to me. >> and there is bipartisan concern on capitol hill. >> there is some real smoke to clear up as it relates to a shady chinese ecigarette company. >> senator marco rubio sent a letter to the fda claiming its approach to regulating e sellings has quote enabled this explosion of illicit chinese vapes. >> the fda tells fox news it is committed to sim stemming the flow. it lists 23 approved most of them u.s. companies. while not all chinese vapes are illegal, a vast majority are. this one, bret, says made in china here on the side. it's not approved. worth noting, too. china bans these e-cigs in their country to reduce young users while freely flooding our u.s. market with them. bret? >> bret: good warning, griff, thanks. up next, ukraine is facing serious shortages of manpower and equipment. we will take you to one american factory where vital ammunition is now being produced. my name's eric. i am 39 years old. i've started thinking about getting botox® cosmetic ♪ and i really start noticing the lines. i'm still eric and i got botox® cosmetic. i'm seeing a lot less prominent lines than i did before, the results have been subtle but noticeable. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet, and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping. and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications, including botulinum toxins, as these may increase the risk of serious side effects. see for yourself at botoxcosmetic.com. ♪ a test or approve a medication. we didn't have to worry about any of those things thanks to the donations. and our family is forever grateful because it's completely changed our lives. >> bret: the head of russia's national security council says the u.s. shares blame by attack gun maine moscow concert hall. 145 people were killed there the u.s. government warned russia of a threat two weeks before that attack happened. a branch of the islamic state group isis has claimed responsibility. ♪ ♪ >> bret: ukraine is encountering serious shortages as it struggles to pushback the russian invasion. tonight we visit the army ammunition plant that makes some of the most effective artillery shells the u.s. has been sending to ukraine. correspondent steve harrigan has the story. >> the war in ukraine may be won or lost on factory floors like this one in scranton, pennsylvania. they forge raw steel here at 2,000 degrees. as their parents and grandparents did before them. making the 155-millimeter artillery shell, the weapon responsible for 80% of the casualties in a war of attrition, 5,000 miles away. numbers could decide that war. the u.s. has given ukraine more than 2 million shells since 2022 for a time, the two sides were evenly matched. today, russia fires 10,000 shells at ukraine each day. five times more than ukraine can fire back. >> the ukrainians are not running out of courage. they are running out of ammunition. >> russia's war economy produces 250,000 shells a month. three times that of the u.s. and europe combined. the u.s. army is spending $400 million to multiply production five fold here as human hands, checking dimensions and robotic arms work side by side. >> they know that the work that they are doing is important to the protection of our government, to the protection of our war fighter. >> the u.s. goal to produce 1.2 million shells next year will depend on the passage of a $60 billion aid package for ukraine currently stalled in congress. >> every single day the house delays is another day that the ukrainians have to pay for it with their own blood. >> a single shell can cost # thousand dollars. a guided shell, able to hit a target from 25 miles away can cost up to $100,000. in scranton, pennsylvania, steve harrigan, fox news. >> bret: up next, the panel on the border blame game but, first, beyond our borders tonight. clean-up underway after the strongest earthquake in a quarter century rocks taiwan. authorities say there say at least nine people were killed. more than 1,000 injured. dozens of workers were stranded at coreys. the biden administration is telling nassau to come up with a new way to tell time on the moon. it wants the u.s. agency to work with international partners on that project because there is less gravity on the moon, time moves slightly quicker there compared to here. the actual number is 58.7 microseconds each day. and this is a live look at seoul, one of the big stories there tonight, thousands of people gathering at a rain-soaked amusement park at south korea to bid farewell to a bee loved giant panda before her departure to china. fu has been a major attraction everland theme park near seoul since she was born there in 2020. just some of the other stories beyond our borders tonight. we'll be right back. ♪ go your own way ♪ you can call it ♪s to test the toughness of the kia sorento x-pro and the kia sorento turbo-hybrid... 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(vo) trade-in any iphone in any condition and get a new iphone 15 pro and an ipad and apple watch se all on us. only on verizon. it's time to feed the dogs real food, not highly processed pellets. the farmer's dog is fresh food made with whole meat and veggies. it's not dry food. it's not wet food. it's just real food. it's an idea whose time has come. here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. >> with your vote, i will seal the border, i will stop the invasion, i will end the carnage, blood shed and killing. and we will crush the human traffickers. >> we welcome local law enforcement support in cooperation in apprehending and removing individuals in this country who pose a risk to our national security or also our public safety. >> any more concern when we see the millions of people crossing our border unchecked. i'm still shocked at what is going on. >> bret: clearly immigration still a major story, what's happening we started the show with three different stories involving that: "the washington examiner" asks the questions are voters buying trump or biden's border blame game? if you look at the migrant encounters under president biden versus president trump, can you see in the southwest border the numbers, differences right there. and the question is how does that play politically as you get closer and closer to the general election? let's bring in our panel. mollie mollie hemingway editor and chief at "the federalist." axios political reporter stef kite and charles hurt "washington times." how is this playing? obviously democrats are still pointing back to that bill that never got through that really was never voted on as a bipartisan shutdown that they blame on former president trump. >> and, of course, republicans point to bills that they have offered that democrats never moved on. so it is sort of to me that's kind of awash. in terms of the blame game, you do have two administrations. two performances and they happen to be back-to-back and which can you compare. and had you knows numbers on the screen a minute ago that showed the difference between the illegals that got into the country under joe biden vs. the illegals that got into the border under donald trump. and if you compress it down to the last couple of months or the last year of donald trump's administration, and compare that to the entire biden administration, the numbers are even more shocking. but, you know, i also think that people are sitting here, they are watching the footage of these people streaming across the border. and where is the biden administration? the biden administration is in federal court suing the state of texas, telling them that not only are they not going to protect the border but texas is not allowed to protect the border. it's a little -- i was trying to think of an analogy. a little bit like 911, you call 911. # 11 says not only are we not going to extend police to your house for your emergency, but we are going to arrest you if you take it unto yourself to protect your house. >> bret: stef, back at the end of january president biden was saying he needed this legislation to be able to shut down the border. take a listen. >> if that bill were the law today i would shut down the border right now and fix it quickly: bipartisan bill would be good for america and help fix our broken immigration system. and allow speedy access for those who deserve to be here. >> bret: "the washington post" talked to the campaign manager for the biden campaign titled nervous about november imagine being biden's campaign manager. on pushed for legislation given him greater power to as he described it shut down the southern border if necessary. rodriguez was add a dam mat the president doesn't talk about shutting down the border and is not advocating for shutting down the border saying instead what people want to see is order and humanity in our immigration system. there is a different message. >> yeah, this is a great example of a division that we have seen within the democratic party and within biden's own administration from day one on this issue. democrats do not have a very clear solution to the border issue policy-wise. they also have struggled to find any kind of winning political message on this. and we are seeing that in the polls. we see voters overwhelmingly saying that they would trust former president trump over biden when it documents dealing with the border. when it comes to dealing with immigration. and we have seen biden continue to kind of change his message. he has embraced a tougher image on the border in recent months. we have seen that transition even embracing some restrictions on asylum at the border. being willing to adopt bipartisan border. a deal which would have had significant restrictions on the border as well. but it doesn't seem to be really coming through when you look at the polls and how americans view what is going on at the border. i think the question is whether we see more drastic measures from the white house as we get closer to the election. i have reported that they are still considering some pretty significant executive actions and whether to go through with that or not i think will be very telling as to how vulnerable they feel. >> bret: also telling how they explain why they didn't do it, you know, months ago when those numbers were still high, mollie. >> molly: yeah, i think they wouldn't be doing anything at all if we hadn't seen polling indicating throughout the primary season that the lack of a border really was something that bothered many americans even in states far away from the border. when you saw this was such a major issue for people, that's when the biden white house started to say that they were taking it more seriously. but it is this issue where the moment president biden took office, and even before he took office he said he was going to open things up. he was going to tear down all of the protections that the trump administration had put into place and also as charlie notes, they are suing to make it so states can't protect their borders. the idea that when this country was founded that states would not have had the right to protect their own borders whether we voo seen that through the our history that would have been laughable to the people who formed this country. >> bret: president trump is tapping into the emotion of immigrationists as well a number of different incidents that effect different communities, here is him talking about it in michigan. >> we threw them out of the country and crooked joe biden took them back and let them back in and let them stay in and they viciously killed ruby. she had the most contagious. [laughter] and when she walked into a room she lit up that room i have heard that from so many people i spoke to some of her family. >> bret: politico points out and others have noted that trump said he spoke with the slain woman's family. the sister says he didn't according to ruby garcia's sister he did not hear that from any member of garcia's family. in fact, michael avenattiy said trump never spoke to the family at all. did he not speak with any of us. it was shocking to see that he had said that he spoke with us and misinforming people on live tv. these are the -- you know, you could go through all kinds of campaign events, charlie, and say who said what when. democrats attacking donald trump for talking about it in a political campaign. what are you supposed to talk about in a political campaign except things that matter to people. this is something that matters deeply to people and, of course, we saw it in 2016, you know, with the case of kate steinle who was murdered, shot to death in california, and then we see it again, you know, now, going on now. and of course donald trump is going to talk about it. and he should talk about it. that's why we elect people. that's why we have elections. >> bret: they are making a point of saying he didn't talk to the family. >> yeah. but i don't -- but he does -- you know, he is very well connected with on these issues and he cares about these issues. and his ability to connect with lots of families who go through these ordeals has been notable and something by the way that joe biden has not done much of. >> it's going to be interesting to see how this issue plays out. panel, thanks so much. finally tonight, today's throwback. >> here was someone who was brilliant and could have applied these incredible talents for good to help humanity and, instead, he applied it to murder. >> bret: 28 years ago today in 1996, ted kaczynski otherwise known as the unabomber arrested in a remote montana cabin after a 17-year chase guess what the story is available today on fox nation. scandalous unabomber takes a look at the hunt for the most notorious serial bomber. tomorrow on "special report" "common ground" segment on electric vehicles. effort to curtail the biden administration's mandates on both sides of the aisle. catch us 6:00 p.m. in the east and 3:00 p.m. on the west coast. thanks for inviting us into your home tonight. fair balanced and unafraid. here is laura.