>> where are you from? what country? china? china? china? ecuador? ecuador? ecuador? ecuador? >> this thing with military bases getting penetrated by foreign nationals is happening more and more. we have seen probably two or three times a week we are stopping these folks at the gate. >> i mean i'm incredibly proud of the men and women of the united states border patrol that risked their lives to keep americans safe. >> are we safe? >> number two, our screening and vetting capabilities are stronger than they ever have been. >> john: as the border becomes a major national security threat president biden finally taking executive action that would effectively shut down asylum request at the border once the average number of daily encounters hits 2500. hello i am john roberts in washington, sandra the number is about half of where we are on a daily basis right now. >> sandra: we are watching closely for this announcement and the signing of that it executive order by the president coming up a short time from now. 2:2:2:00 eastern time, john. i'm sandra smith in new york this is "america reports." all of this is happening as the fbi director christopher wray prepares to testify on border security and terror threats in the u.s. we are sitting down with tom cotton on the latest developments at our southern border. >> john: mike emanuel is breaking down what we can expect from the fbi director's testimony but jacqui heinrich's live from the white house north lawn jet tell my preside president biden's first steps what we expected to see an hour from now? >> the president's executive actions would allow him to his shutdown access to the u.s. asylum system when illegal crossings eclipsed an average of 2500 per day within a one-week period. we are already passed that point according to the numbers that we get from cbp sources so if he chooses the president could make this effective immediately today and access to the border would not reopen until the crossings dip below an average of 1500 per day. this is poised to be challenged by immigration advocacy groups like the naacp or excuse me the aclu, these are already going to court the same way they did when crump used the same law the same statute 212f to restrict migrants coming in from majority muslim concrete done my countries and congressional democrats are really unhappy with biden that he chose to go this route, listen. >> i have real disagreements and concerns with this executive action because i think it plays into the current republican talking points. you see, the repu republican pay here in the congress tries to cover up its own failures by scapegoating immigrants. it's the oldest trick in the book. and if they continue to advocate for closing legal pathways to migration and pointing at chaos of the border. >> president is also winning no point to the congressional republicans who say this is too little also oscillate after more than 8 million migrants crossed illegally hunter biden and more than 5 million remain here. >> why did you wait until now if you are serious about doing it? the simple answer is he is not serious about securing the border. >> it's a little late. you can't make this cat walk backwards >> another stunt. let's do an executive order on the border, but let's do it so it really doesn't do a darn thing but get through to november. >> the courts don't stop him, there's also the question of how he will enforce this? we don't know if mexico has agreed to take back the hundreds or thousands of people if they crossed illegally while the border is shut down its to make them ineligible for asylum and send them. >> john: and of course u.s. law does not allow the immediate removal of these people from a third country so we will see how all of that is supposed to work thank you, jackie. >> sandra: continuing, tell my coverage on fbi directors mike emanuel is there with the latest. >> hi, send of hearing were christopher wray as is with the appropriations committee those are the money people and couple hill perry won't expect senators would be asking ray about the fbi budget priorities and if enough is being spent to address the crisis at arles border. it will not be a surprise when he appeared before a house panel. >> does the open-door powerful make your job easier or harder or safer or less safe as a result of indoor policy? >> i've been consistent over the years in the threats that emanate from the border. >> has warned lawmakers in recent testimony that there been so many threats to our safety and security and their elevated at once. >> we see the threat from foreign terrorists rise to a whole 'nother level after october 7. we continued to see the cartels push fentanyl and other dangerous drugs. >> they will talk about other border issues impacting the entire country. >> i also want to ensure we fully explore the crisis at our southern border. and the fbi's responsibility to combating the wide range of illegal activities happening at the border. it not only impacts the southern states but the entire country as a whole. >> lawmakers have the power of the purse of this is an opportunity to get christopher wray's attention. >> sandra: all right mike emanuel on that for us thank you. john? >> john: sandra while we wait for the president we will talk to john cotton on the armed services committee along with the intelligence and judiciary committees. senator i want to get in the wayback machine with you like sherman and peabody let's go to january 31st of this year when the president said he had done all he could do on the border, listen here. >> i've done all i can do. i have asked since the very day i got an office. >> it seems as though he has discovered he can do a little more than he thought he could do. what do you think of this plan to cap asylum petitions and 2500 persons per day? is it feasible? >> no, john this is a joke. i would say it's like closing the barn door after the horses are already out because four years ago joe biden invited my friends from all across the third world to come to america if they could get here, they can stay. but it's not even closing the barn door. biden is saying to the cartels and potential terrorists as long as there's not more than 4,500 illegal aliens coming a month then you are allowed to come. the only acceptable amount of migrants crossing our board at any period at zero. his seen the error of his ways five months before an election. the only crisis this will address is not a crisis of the border but the polling numbers versus donald trump. >> john: with 2500 a day we are a double net so it looks like this plan could be in place permanently even though it is supposed to be a temporary plan but i am wondering once you reach that threshold you can't stop people from coming across the border. they will continue to do it anyways. you can't send them back to their home countries because many of them come from places like mauritania, nepal, pakistan, india, china, so what are you going to do with them except parole them into the country? >> that's exactly what joe biden has been doing four years is polling of the country every migrant from the third world across the globe that almost certainly he will continue to do, maybe even counting on left-wing advocacy organizations to get into this action, he should never have invited this people to come into his country in the first place. the only proper way to come to america is through illegal immigration pathways. not showing up at our border with some bogus claim of asylum or some sob story and expecting to get into the country. that's what we had under donald trump, a secure border to only get here through legal pathways but ever since joe biden took office it has been open border and unleashed crime and drugs all across america's cities and our states. >> sandra: and we know nothing about especially with these got a ways, there is a looming national security concern the fbi directors on capitol hill say is what he said about the potential for immigration on april 11th. >> we have seen a rogues gallery of foreign terrorist organizations call for attack against americans and our allies. recently concerning is the tension for a coordinated attack here in the homeland we need funding to mitigate the range of threats from the border. fentanyl, gangs like ms-13, human trafficking. >> one we had that illegal immigrant from venezuela now accused of shooting near two police officers over the weekend. the number of people who cross the border illegally the total is 7,813,351. to you, senator, what kind of national security risk does that represent? >> it's the roving daily crisis for all americans as you say starting national security concern two of the crime that these illegal migrants have unleashed in our streets. murdering women, attacking police officers, in addition to the toll it takes on communities and public services like schools and hospitals that in addition to those dangers it's a national security threat. we know there are dozens on the watch list set up in a branded but if those are the ones we caught how many got across the board without any effort to upend them at all and one of the trying to do in this country? it only takes a handful of savage terrorists to online -- a mass of terrorist attacks on this country. joe biden stuck his head in the sand for four years. part of the reason he has this order today is to get ahead of any potential terrorist attacks on american citizens over the next five months in a result of his open border. that's why we need to close the border immediately. that's what we had when president trump was in office, that's what we will have when he's back in office. >> john: senator john cotton, the great state of arkansas, thank you so much we await the president's remarks within an hour. >> sandra: and hunter biden's historic federal gun trial, courtesan lunch break right now he saw the first lady a moment ago mark eiglarsh with our takeaways from what we have so far. >> >> john: a short time for now president biden will take the podium where he is expectedo take major executive action on the border but with millions of migrants and that already crossed illegally in the united states critics are asking why now? 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>> john: looking forward to that. as we look at the president a live look at wilmington u.s. district court what they called the first witness in hunter biden's gun trial for opening statements prosecutors said no one is above the law. arguing the president's son chose to lie on the gun form. we will speak with criminal defense attorney mark eiglarsh but first fox news legal editor carrie tom mark kerri urbahn. >> good afternoon, john and sandra. the last hour we have been listening to hunter biden detail his drug addiction in his own words in his own voice thanks to the audio recording from his memoir. now it's not particularly sympathetic as you are sitting there as a juror given the fact he is really getting into some detail about his time in california. all kinds of crazy drugs, things that went on during that time. both sides still presented their opening arguments and i thought the prosecution ended their opening arguments that addiction may not be a choice, but choosing to purchase a gun as a drug user and then lying about it is. so that it was the theme of their opening. it's a choice that's why we are here and as you mentioned hammering the idea that no one is above the law. >> john: what about this idea that abbe lowell may be trying to claim that the gun application form was doctored? that hunter biden never checked off that he was not under the influence of drugs that it could have been tampered with? >> i think you'll have a hard time getting that across the finish line especially since one of the prosecution's key witness is in fact the gun shop owner apparently who watched hunter biden fill up that form and watched them do so and a parent leave the defense will call him as well but i'm not sure why given the fact that they are going to have opportunity to cross-examine him once we hear from him one of the themes of the defenses opening arguments is that this is a rush sale. that hunter biden just wandered over to the gun shop while he was waiting for his cell phone at a cell phone store across the street and the sales people there saw a possibility of a sale, they hurried him into it, they rushed him into it, and the next thing you know he had a gun that he allegedly kept in a lockbox for 11 days and here we are now. >> john: kerri urbahn for us with the latest from wilmington. thank you so much. >> sandra: as we said we are watching a live event at the white house as the president is talking about the border, a critical border state ahead of that let's dip in and listen about it. >> the facilities to hold migrants as you adjudicate asylum claims. judges and officials that can adjudicate these claims, that was all part of this legis legislation. unfortunately our republican colleagues when we permit. this is something the president has been calling on for the last three years. i have been in the united states senate for 3.5 years, president has been in office the same amount of time. so this is some and we have worked on over a period of time. now with my republican colleagues not wanting to have action on this, we are at this point with the white house taking steps that i truly believe will believe it. >> you did work on the bipartisan order from what they think about president biden's actions? >> i have not spoken to them today about it and i am interested in hearing what they have to say. my expectation is that they will say this is a good step forward. we need legislation from congress and i will continue to work on this because it's important for my state and national security and immigration policy. we also need comprehensive immigration that will benefit our economy. >> that's where congress comes in. >> sandra: we will continue to monitor this coming at the white house right now while noting there are many democrats speaking out against the president's action he is about to take. congresswoman jaya paul has said she does not think this is the right move. this is not going to solve the problem, she says, at the southern border. i don't think we have seen harsh enforcement policies ever do that, she says. so this is a white house that is receiving criticism on these upcoming actions from both sides. what we have repeatedly heard from this administration is that the hands are largely tied to fixing the problem calling it a "broken immigration system" they have repeatedly called for additional reforms and funding from congress and as you just heard there the senator from arizona is blaming republicans for not coming through on that congressional action. now the president is taking executive actions to do something although what we are hearing is a debate over whether or not this will really help the problem. so now as we continue to watch that and await the president as we await the president's remarks, mark eiglarsh has been standing by with us, thank you for hanging on with breaking news at the white house. criminal defense attorneys now, as we watch this we are breaking news out of delaware as we continue to watch this trial for president biden's son, where do you see this going as they are watching the first lady department a moment ago? >> it was asked early road the defense called the person who sold the gun? at some of the prosecutors are going to do. the defense wants him to likely say listen, you don't sell to people who look like they are under the influence, correct? correct. and in this case you didn't sell it to somebody who showed impairment, someone who looks like they are actively under the influence of drugs or alcohol, correct? correct. you never would've sold some and a gun if they look like they were under the influence of drugs or alcohol, correct? correct. that takes care of one of the things on the form. whether he is an addict or not, that is what this whole trial is about. what is the definition of an addict? >> sandra: that's obviously a question put to the jurors and a question most jurors said they have immediate experience with that and their families and that was really important when we heard that part. >> it's huge. look, jurors had no idea what ndas were in the trump trial. they did not know how bookkeeping should be done. they have to be educated. here everyone knows an addict or had experience with that. they have their own definitions. is it someone who ever had an addiction and you are always an addict so you should always be checking yes? it or is it the i recovered i was an addict so i will check no or as of the third scenario where yeah i don't like to call myself an addict, i don't believe i am an addict, so i will check off that i am not. these are things the jurors are going to have to decide. >> sandra: trey gowdy was on this morning questioning, mark, why this case is even going forward. listen. >> if you get beyond treating people differently based on their political status of their last name. i did gun prosecution's for six years. i bet there were not ten resolutions nationwide him on lawful drug users or addicts or light on applications. >> joh>> sandra: let me get your thoughts on this. >> i'm a green with him, this should not go on trial. the prosecutors made a plea d deal. the defense accepted that after this discussion with the prosecutors they went over all of this with the judge with her lifetime appointment said no i'm not going to accept it so they are going to trial and every other murder, drug trafficker,, is waiting going all look they are diluting my case because the going on that one. i think th