benjamin: you can let freedom ring, just not too loud. a north dakota man facing potential fines over the sound of his american flag. "fox and friends first" starts right now. ♪♪ everybody's working for the weekend ♪♪ everybody's working for the man ♪♪ jillian: we made it through the week, "fox and friends first" on friday morning. benjamin: good morning. i have done it, there we go. jillian: jillian is one of my greatest friends. no harm there. good morning. benjamin: a pleasure to be with you today. it is a busy day. the house has approved two immigration bills creating a pathway to citizenship for millions. the white house press victory slips up and calls the migrant surge a crisis. carley: we learn one high profile official is headed to the border today. >> a charged atmosphere for immigration reform is two measures past the house yesterday. the first is the american dream and promise act. it applies to the so-called dreamers who came here as children, creates a 10 year conditional status before people can apply for citizenship. the other bill is the workforce modernization act that creates a 2-year temporary status for migrant farmworkers and that could be renewed indefinitely so long as that person continues to work, they could get a green card after 10 years, they can apply for citizenship after 5 years. the senate is very much in question and republicans say these measures go too far. >> last thing you should do is make it worse. that is what this bill does. >> closing the book on four years of disastrous, cruel and inhumane immigration policies, today we begin a new chapter. >> reporter: meantime the flow of illegal immigrants along the southern border is not letting up, the government acknowledges many are being admitted into the country without covid test. there are reports the biden administration is pressing mexico to do more to stem the tried and the texas tribune says many immigrants are being sent back to mexico. it would appear to be an admission that there is a crisis at the border but that was followed by a clarification. >> that they would be partners in dealing with the crisis on the border. >> a crisis on the border. >> challenges on the border. >> doesn't reflect any change in the administration's view of things. >> no. >> reporter: griff jenkins will have more in the next hour the secretary from homeland security will be visiting el paso today. benjamin: you can see when she said that she knew she made a mistake. she had to crawl it back. carley: texas governor greg abbott demands the biden administration allow state and local officials access to federal facilities housing migrant children amid coronavirus concerns. >> the biden administration is not being transparent, we don't know what the health situation of these kids are, if they been exposed to variance of covid. >> abbott calling out the white house for lack of transparency. he says the crisis at the border should be exposed for what it is. kimberly echoes concerns about transparency, they can't get inside migrant children facilities. >> you have to ask why, they know they have a problem and the only reason you would do this is to minimize or keep people in the dark about the extent of the problem. carley: president biden will hold his first press conference next week, we will see if any more transparency comes out of that. benjamin: moments ago a manhunt for the suspect accused of shooting a texas deputy comes to the end. the shooting happened in magnolia just north of houston. the deputy was responding to a disturbance, the suspect was arrested after a lengthy standoff, with injuries to his leg, arm and head, thankfully expected to be okay. carley: two reported tornadoes touched down during a second day of deadly storms. at least one person was killed in mississippi. dramatic footage shows powerful winds blowing away two small buildings in alabama. one described almost losing his loved ones when a tornado swept overhead. >> grabbed a hold of her, started pulling boats over. my young son travis grabbed a hold of them. made a human chain, pulled her into the basement. carley: cleanup begins as the tornado outbreak brought at least 24 touchdowns across the south on wednesday. >> the chilling moment of the first parlor shooting in atlanta, the footage obtained by daily mail shows the suspects watching people at the parlor for one hour before walking inside and opening fire, he then drives off and heads to two other parlors, more people rushing out of the parlor and police arriving. the 3-hour crime spree left eight people did including 6 women of asian descent. this time police have not linked it to be a hate crime but say nothing is off the table. president biden advice president harris were scheduled to hold a rally but that event has been canceled, president and vp meeting with asian american leaders in atlanta. >> the us will had a major milestone in its vaccination efforts. benjamin: the cdc prepares new guidance to help schools reopen. >> reporter: the president reaching his goal well before his first hundred days in office, the white house expects to hit that milestone today. >> 100 million shots of vaccine, get the opportunity, get the vaccine. >> the pfizer and the dharna vaccines required two doses, johnson & johnson requires one. the cdc will release new guidelines that woody's things up in schools is growing evidence shows students 6 feet apart could be safe. the cdc said virtual instruction might present more risk than in person instruction related to child and parental mental and emotional health. it comes as a federal survey found parents whose kids do online learning were more likely to report poor well-being for themselves and their kids. rand paul spars with doctor anthony fauci over wearing a mask post vaccine. >> you are telling everybody to wear a mask whether they had infection or vaccine. we are not spreading the infection, isn't it just the other? you have been vaccinated and parade around in two masks for show. >> in southern california theme parks are expected to open as early as next month but there could be a stipulation, no screaming on roller coasters. put me on a roller coaster i am going to scream. >> i know that firsthand because sometimes in the corner i will run into ashley. a big moment. benjamin: i think it is a valuable life lesson. we should learn not to scream on a roller coaster so you can see to your affairs. >> i'm getting freaked out just thinking about it not being able to scream on a roller coaster. benjamin: one of the best days out, getting on a roller coaster. thank you. okay, president joe biden keeps forgetting he is the commander-in-chief. >> president harris and i took a virtual tour of the vaccination center in arizona. carley: it's not the first time he called vice president kamala harris the president. >> this is a person who is ready on day one to be president of the united states of america. president-elect harris took it today for the same reason. >> the harris biden administration will realize that effort. >> harris has calls with world leaders and has legal meetings with the secretary of state. benjamin: what does he know that we don't? a second prisoner is mistakenly released in new york city's rikers island in a week. due to a paperwork area. he was arrested earlier this month for attempted murder. the nypd is looking for christopher budget, the most murderer, four correction officers have been suspended. >> finish of that bracket, march madness tips off in indianapolis, ucla qualify the dance coming back in overtime at michigan state, the state and drake won their playing game. the madness gets underway 12:15 eastern, this afternoon. got to have that. benjamin: it is not the same without you. it is not march madness. covid positive tests are not going to be there. carley: i was curious why you are duke fan? benjamin: i went to duke. despite the accent i am an american born and raised. this is all for show. benjamin: i love it. >> the time has been 11 minutes after the hour. congress taking away for illegal immigrants to become citizens. is it fair to the people who came here legally? >> it is no act. the oscars will be in person with no zoom allowed. movie stars except awards, it is only partially reopen. the hollywood hypocrisy coming up next. ♪♪ >> on this vote for you as are 228. the as are 197. the bill is passed. carley: the house has past two immigration reform bills making it easier for dreamers and migrant farmworkers to become citizens but is this fair to the immigrants who came here legally. here to weigh in a legal immigrant from hungary who founded the angel families of america. it is so important to get your perspective on this because you came here legally and as you saw the house just past two bills that would make it easier for folks who didn't come here legally, dreamers and migrant farmworkers to get that citizenship. what are your thoughts on these two bills? >> this is incredibly disappointing. we are experiencing the most corrupt democratic congress in the history of the united states. we passed the amnesty bill by that and prove to be a total failure. this is a slap in the face of every legal immigrant who followed the law and a slap in the face to the millions of americans who are unemployed and in a time of crisis in a pandemic we are bringing more illegal aliens, families and ants and cousins and this is not fair. this is absolutely disappointing. jillian: mike diaz, legal immigrant from mexico as well, you have arrived as well, legally immigrated from nicaragua. i want your take on this because everybody sees the footage of people coming to this country and their hearts go out to them because they are in a desperate state and wants to get here so badly but you immigrated here from mexico legally so what is your take on this? >> absolutely right, the folks want to be in america and see this as a land of opportunity and millions of people have but there is a process and it is, like the other speaker was saying for those of us who have done it legally it is a slap in the face and for those that are going through process, they are frustrated how they have done everything right only to have an administration opened the border and allow folks to come in but at the end of the day the problem is bigger than a fairness issue and when i think about what other folks, it affects many americans that may be american born, the labor pool for example is affected by the surge of immigrants. human trafficking, where i live in san diego county is a hub for human trafficking so you got to look at the human suffrage going on created by these policies. that is what you keep people that might not whether it is fair for me as an immigrant who came legally, but what is happening to those kids and adults as they are captured in human trafficking. >> there is bipartisan support for dreamers but congressman steve scalise says as we face the border crisis it sends the wrong signal because more people will want to come over and these two bills, they will have a more difficult time in the senate. senator dick durbin did talk about these bills, legislative solution is overdue for dreamers who devoted their lives to our country, undocumented migrants, farmworkers doing backbreaking agriculture work to keep food on our table, and tps recipients who build their lives here and making essential contributions to our national recovery, can you respond to that? >> i would like say nevertheless it is insulting to the people who waited years to come and have gone through this process of studying the constitution, the bill of rights, the declaration of independence, so they can become citizens and be able to vote. it is not treated with the privilege. with this bill they will be able to vote almost right away or vote legally about be persecuted. i said prosecuted. a tremendous slap in the face for angel moms that have lost children. >> agnes is one of them. we ran out of time and your perspective, oliver your opinions are important because the folks who migrated here legally came here legally are forgotten part of this conversation but thank you for sharing your perspective with us this morning. we will be right back. shannon: welcome back. we continue our series checking in on america's small business owners one year into the coronavirus pandemic. benjamin: through lockdown some pipe restrictions business owners state resilience over the last year. todd piro and jillian traveled the story. jillian: and the rest of 2021 after everything you went through what does the vision look like? >> it will be like the roaring twenties this summer. if we could survive 2020 your business is pressure tested at that point. the long-term resiliency should be really good for those businesses and sadly some won't. >> i said in the beginning of the pandemic, have been here for 25 years and will be here for another 25 years and that is still the truth. >> they have to look at numbers, data, science, throughout the world and where was it done right or wrong, where did it help or not help? >> we put a lot of people in bad spots with these closures and how can we make our guests feel comfortable to come back to the restaurant, the state of florida has done a good job allowing that to happen. >> very fortunate because most of our properties are in south florida so we avoided the worst of it but for people who need help we've done what we had to to keep that going. >> we are in a state that looks at businesses and people will go where they feel safe. there's been a real estate boom and people are coming down, people want to move here and get out of states that are closed down and wants to be here. >> what is your wish for the rest of this year? >> to reopen and have normal life. >> i am happy, we are hoping the restrictions will be lifted, that people feel safer and vaccinations are more widespread. >> i want to go to work and earn a living and help the people that need help. i have been here over 15 years, paid all my bills on time, then everything i'm supposed to do, pay my taxes, do a lot of community service and this is the thanks i get. i'm not own anything but i want what is fair. >> 2021 will be a lot of work, this is what i meant when i said i feel like when we start to reopen and that is the time i climb mount everest. >> which is you are probably overcame? >> when i think of the challenges i have gone through the past year i'm most proud that we are still here, still operating and still serving our community and excited to see us get back to normal or whatever the next normal is. >> you deal with one day at a time. >> there is light at the end of the tunnel, people are more optimistic. >> most people will say i can only take it so far and that is where they never met someone like me. there's not a chance i will stop and anything they throw at me i will keep pushing forward and adapt. >> i will go as far, i'm not giving up. >> you have to do the best every single day. you will race again. benjamin: what strikes me is the resilience of the people but 15% of gyms have shut permanently and 38% of restaurant owners say they will not continue in the business for years to come so people will open up and it will be boom time but there will be lasting damage and some businesses will not start again. shannon: what achievements are you most proud of throughout the pandemic, even folks that their business didn't survive tried so hard by no fault of their own and so many people worked throughout the pandemic have a lot to be proud of not just in the us but in the uk and around the world and thank you to all the business owners that shared their important stories, thank you for bringing them to us. benjamin: it is 29 minutes after the hour, with kim jong un for relief past, president biden is ready for his next project, green infrastructure of the far left is pushing at priorities ahead. >> one man's flew his american flag. the reason why will leave you speechless. when you have a two-inch lift. 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"comfort ye, comfort my people." when i come here and i sit with lilia i realize what she needs right now is food. these elderly jews are weak and they're sick. they're living on $2 a day this now, is how god's children are living. take this time to send a survival food box to these forgotten jews. the international fellowship of christians and jews urgently need your gift of $25 now to help provide one survival food box with all of the essentials they critically need for their diet for one month. your special holiday gift will provide everything they need to celebrate the holy season of passover. do you remember matza? this is the first time in over 70 years that she has anything to do with faith. she hasn't seen unleavened bread since before the holocaust. and now we're coming to her and saying, "it's okay to have faith." for just $25, you can help supply the essential foods they desperately need for one month. i just want to encourage all of you to join with yael eckstein and the wonderful work of the international fellowship of christians and jews. god tells us to take care of them, to feed the hungry. and i pray holocaust survivors will be given the basic needs that they so desperately pray for to survive. >> the second session of us and china talks wrapping up overnight, two sides getting off to a rocky start in the first face-to-face meeting under the biden administration in alaska. benjamin: amy kellogg joins us with the latest on the war of words. >> reporter: this is being watched carefully in europe but to outside observers, to be a high-level diplomatic meeting between what is effectively the world's two superpowers with all the requisite careful trading that goes along with that. it is a no holds barred exchange with all diplomatic niceties thrown out the window. each side airing its grievances as a stunt press looked on. secretary of state anthony blinken highlighted this. >> the concerns with actions by china including hong kong, taiwan, cyberattacks on the united states, economic coercion for allies. each of these actions threaten theorder that maintains global stability. >> the director of the central foreign affairs commission of china counted, quote, we believe it is important for the us to change its own image and stop advancing its own democracy on the rest of the world. the chinese went on to criticize the us for what it sees as poor race relations and said the us does not have the position of strength from which to lecture from. the us countered by saying at this point at least the united states has the confidence to view its own shortcomings. day 2 of its contentious talks resumes this morning alaska time. benjamin: very worrying seeing this newly aggressive china pushing back which we did not see under the last administration where you wonder how the next four years will play out with china flexing their muscles now. thank you very much for that. next up house democrats with a resolution to remove congressman eric swallwell over his ties to a suspected chinese spy. kevin mccarthy introduced the measure, they chose politics over national security. helped raise money for his campaign and placed it into the office. carley: two men assaulted police during the capital riots including fallen officer brian sicknick. julian keller and george tenney is are accused of using the chemical bear spray on police officers. the fbi releases new violent video of numerous suspects pushing and punching police, investigators are asking for help identifying individuals. a 6-figure payout for a teacher who says she was forced to photoshop this make america great again t-shirt out of the school yearbook, the school district is paying a 325,$000 settlement without any admission of wrongdoing. the incident happened in 2017 and the teacher said she received death threats, the school has reissued the yearbook with the unaltered photo. the oscars going all in for an in person award show. organizers say nominees cannot attend virtually saying it would diminish the evening. the los angeles event will be held next month but it is not a good look for la as schools start to partially reopen after a year of learning. >> with kim jong un for relief out-of-the-way president biden is buying his next major spending bill. the administration focusing infrastructure, far left democrat push pricey plans on climate change. the latest $500 billion proposal, the president of the copenhagen consensus, thank you for joining us. i want to read to use some of the things that will be in this proposal. they want to offer $500 billion to electrify buses, commuter rail and public transportation systems, build electric charging stations, and reserve 40% of funds and increasing the federal contribution. some people say this bill is a trojan horse for green movement, not your infrastructure bill. what do you say looking at that? >> not appear infrastructure bill. biden promised to spend $2 trillion over the next four years for climate policies, this is the first $500 billion and it is an important problem, global warming is a real problem but the way to spend $500 billion, $1,500 per american, that is money we already don't have. that's not the right way forward. what you need to do is focus on where can we spend a few billion rather than half 1 trillion to actually cut carbon emissions significantly. this is not the way forward. it is an attempt to say let's spend on everything and it makes sense if you think this is the end of the world but global warming is a problem, it's not the end of the world and that is why we need to be smart about this issue. benjamin: calling it an accidental trade, you say it is not that drastic. talk about the geopolitical implications, the us is marching head on towards carbon neutrality by 2050. what are other countries doing? can they take advantage of that? >> a lot of countries promised to go carbon neutral by midcentury. even china promised to go carbon neutral in 2060 but promises are incredibly easy, china promised by 2050 they will become democratic. gives you a sense the proportion of this, what is really problematic is people and nations are promising stuff that will be phenomenally costly unless we innovate much cheaper green energy. fundamentally as long as green energy is expensive that you have to spend $2 trillion over the next four years just to start achieving that you will never have acceptance from the electorate to do this. the electorate is skeptical of spending $24 a year on climate change and biden is proposing to spend $1,500 per person per year so the reality is we have to innovate the price of green energy and if we can do that we consult this problem not just for rich well-meaning americans but the chinese, the indians and everybody else. benjamin: we don't have long but i gather your views lead to you being canceled from a speech at university. what happens? what backlash did you get? >> duke university i'm scheduled to give a talk, some professors came out to say we should not be allowed to hear this. i'm not saying crazy stuff. i'm referring to what the un climate panel is telling us and that is important. we need to know global warming is a problem and something we should fix. it is not a nexus dental crisis and the difference is if you are scared witless you are likely to spend badly on everything. if you know this is a problem you will spend it smartly. benjamin: universities should exposed to other ideas. that is all we have time for today but pick up a copy of the latest book, how climate change panic cost us trillions and fails to fix the planet. thank you for coming on. the whistleblower sounded the alarm on andrew cuomo's handling of nursing home death speaks out in an exclusive fox news interview. the administrator of staten island silverlake specialized care center, he explained what happened behind closed doors when cuomo ordered all nursing homes to take in patients from overwhelmed hospitals. he first heard about this on a call with state officials. >> i said that is ridiculous. everyone heard about this in washington state and that was enough for me to understand i can't put these people at risk, you can't be doing this. it is not right to the residents. >> when he raised concerns they were quickly shot down, speaking up now. benjamin: the time is almost 42 minutes after the hour. nasa one step closer to going back to the moon, the epic rocket tests that went off without a hitch. plus. >> loves that on anything. benjamin: a father speaking out after he kicked off a flight because his son with autism wouldn't wear a mask. that story coming up next. do you have a life insurance policy you no longer need? 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well, the first step is knowing if you something called prediabetes. take the 1-minute risk test today at doihaveprediabetes.org >> parents speak out after they were kicked off her spirit airlines flight because their son refused to wear a mask. >> he is very much artistic and he doesn't understand. >> the arkansas family had a medical note stating their son was exempt from the mask mandate, spirit airlines responded in part our existing policy does not provide for medical exemptions regardless of diagnosis. the cdc issued an order that went into effect in february making a requirement that all passengers wear masks on commercial flights. benjamin: like john kerry flying yesterday. let freedom ring but not too loudly. a north dakota homeowners threatened with fines of $200 a day from his condo association for complaints that his american flag creates too much noise on windy days. he has received two warning messages but has no plans to take the flag down. jillian: the us is a step closer to getting another man on the moon. nasa ran a successful test of its new moon rocket in mississippi preparing it to take flight. scientists will analyze test data to determine if the rocket is ready to take astronauts to the moon. how exciting would that be? and unmanned capsule will launch in november. benjamin: the space race, the chinese are trying to get there too the heroic rescue, and camera. a police officer and good samaritan save the driver from a burning overturned car. the police department says they pried open the car's windshield, it burst into flames. the good samaritan on his way to work pulled over to help. the driver had some broken bones but he will be okay. >> california's embattled governor digging a deeper hole. >> four young kids. i've been living through zoom school and all the challenge related to it. >> gavin newsom's kids have been in private school for months. we have a panel of california parents next. benjamin: our friends at fox bit, the super 6 apps, play a chance to win 10,$000 i you need to do is predict 6 outcomes, it is that easy, download the super 6 apps right now. for nearly a decade, comcast has been helping students get ready. we've connected 4 million low-income students to low- cost, high-speed xfinity internet. we're working with hundreds of school districts across the country to sponsor free internet and laptops. and parents are seeing an impact. and now we're turning 1,000 community centers into lift zones - wifi enabled safe spaces to study. so more students can be ready for anything. i'm trying to do some homework here. oh, you think this is just a community center? no. it's way more than that. cause when you hook our community up with the internet... boom! look at ariana, crushing virtual class. jamol, chasing that college dream. michael, doing something crazy. this is the place where we can show the world what we can do. comcast is partnering with 1000 community centers to create wifi-enabled lift zones, so students from low-income families can get the tools they need to be ready for anything. oh we're ready. ♪ ♪ >> i have been living through zoom school, put out a detailed proposal to the legislature. it is brutal. jillian: gavin newsom facing backlash for calling himself a zoom school parent despite his kids returning to their in person private school months ago back in november. three california parents are joining us now to react is what is your reaction? he is a zoom parent too. >> it is unfortunate. we need leaders who lead by example and poor leadership equals no results in all levels in california. carley: he says he's an advocate for getting kids back to the classroom but there are thousands of schools that are 100% virtual. word you place the game? is a governor newsom or the teachers union? >> the blame goes to many entities, first to governor newsom who sets the tone for everything that happens in the state. he powers the teachers unions. most teachers unions are wonderful, most teachers, all teachers are wonderful people but there are financial considerations between the governor, political contributions and the teachers union and the teachers union is that representing teachers but themselves and made a lot of inappropriate demands and those demands governor newsom has followed completely without any regard for what is happening to the students so the blame goes to governor newsom for empowering the teachers unions, the blame goes to governor newsom for not providing true directions according to what he promised the state to reopen school safely. he hasn't been following cdc guidelines, a lot of the blame falls on county health government in los angeles, the health department set inappropriate standards that don't follow the science perfectly. they are very strict, make it impossible for schools to open and so we have a perfect storm of issues that prevent schools from reopening in many jurisdictions and it raises a lot of inequities because students in some part of the state are back in school while others are in the computer at home. jillian: you are the founder of reopen san diego so we know where you are coming from the cause you're single parent who had to quit their job to homeschool your children because this wasn't working for you. >> that's right. i found it reopen san diego their friends because our kids have been pulled out of school, told in two weeks they could see their friends again, never got back to see their friends in the classroom. the room is horrible. of former middle school science teacher myself, seeing them suffer in their love of learning go down the tubes i knew this was not going to work for our family so instead of having them homeschool on zoom i decided to homeschool them out of texas which is a lot of work as any teacher knows and teaching is a job and a lot of work and glad i can do it. that is a huge chunk out of my day and i want to know what our single-parent supposed to do? how are we supposed to work and have our kids get a proper education? carley: you must love your kids. they are lucky to have you, adrian, governor newsom is facing a recall ever with 2000 signatures. where will that go? >> i am not sure. i'm more focused on getting kids back to school. education should be bipartisan, they need to come together, education is important, education is essential. it should be the first to reopen and last to close. jillian: that is so true. you are spot on with that, education should be a totally bipartisan issue and because it has been proven kids can be back in classrooms and it is safe and they should be there. thank you for joining us. benjamin: coming up in the next hour of "fox and friends first," congressman brian stiles, lawrence jones and claudia tenney will come us next. hey, i just got a text from my sister. you remember rick, her neighbor? sure, he's the 76-year-old guy who still runs marathons, right? sadly, not anymore. -what, you mean-- -mhm. -just like that. -wow. so sudden. um, we're not about to have the "we need life insurance" conversation again, are we? 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(soft music) ♪ ♪ hello, colonial penn? >> partners in dealing with the crisis on the border. >> crisis on the border? >> challenges on the border. carley: jen psaki. calling the border surge a crisis. this has reporters claim president biden taking a page out of the trump playbook and turning to mexico to stem the flow. we are live in washington. benjamin: shots of hope, the us marks a major vaccine milestone. live report on pending cdc guidelines to get more kids back to class.