6,000 miles away, wars that we should have never been in in many cases but we dont control our own border. Were going to confront the National Security crisis on our southern border. We have the latest from washington with allison barber. Reporter at least one lawsuit was filed yesterday, that was filed on behalf of three land owners in south texas and a nonprofit Environmental Group. The aclu said they will file a lawsuit next week. Jerry nadler is asking to make their lawyer and some doj officials available for a hearing, one that he wants to happen in the coming days. Democrats say President Trump is overstepping and that he does not have the authority to declare a National Emergency in this situation. They also say that hes changing the game in a way republicans might regret down the road. Most republicans, they disagree with all of that. Article one, section nine is very, very clear. No appropriation except through a law passed by congress. Hes got Supreme Court precedent from 1993 behind him. Congress has actually authorized this type of activity. The epidemic of gun violence in america, thats a National Emergency. Why dont you declare that emergency, mr. President . I wish you would. But a democratic president can do that. Reporter President Trump has repeatedly said he expects this to end up in court. Yesterday, californias governor, and attorney general, suggested a multistate lawsuit is on the way. The president does not have power to act frivolously, taking the powers of this 240 plus year democracy and using them in ways that were never intended. I have no other choice than to sue the administration, join other states, join our partners in the federal government to do the same. Reporter lots of opposition from democrats and certainly more lawsuits, more action on the way. Most republicans agree with the president here. A handful, like senator marco rubio, they say they have concerns about this as well. Laura . Allison, thank you so much. Live from washington. Eric. Eric all this while at the southern Border Patrol officers are reporting theres been a surge in rescue efforts. That as more migrants they say are attempting to cross the rye owe grand into texas. Rio grande into texas. We have much more from eagle pass, texas. Hi, jackie. Reporter hi, eric. Were in the middle of a 210mile stretch of land that has four miles of border fencing. One of the miles is here in eagle pass, texas. It protects the downtown area. Border patrol agents say it pushes the illegal crossings to the outskirts of town where the Rio Grande River acts as a natural barrier. People do attempt to cross that barrier and some of them have lost their lives trying. Just one day last week, 17 Central American migrants were pulled from the river in three separate incidents. People were overwhelmed by the high water levels and Swift Current and of the 17 people that were rescued, seven of them were children. Over the last two weeks, Border Patrol agents rescued 35 people from the Rio Grande River in this sector alone. Since october, four people have died trying to cross. Often its the Eagle Pass Fire Department that has to pull bodies from the water. Some migrants are trying to bypass the fence and the facility here because the conditions at the processing facility across the border in mexico are tough. Migrants are held in a warehouse with scarce supplies and long wait times. Tensions are rising and some people have clashed with mexican federallies, upset they cant leave the facility to get supplies at nearby shops. If they gave us the car, that means we have freedom to move around mexico. Were not criminals. We came to look for dignified work . It could be several weeks before their cases are heard. 20 people get pulled over to eagle pass each day to have their credible fear interviews, those are required to seek asylum. Conference rooms in eagle pass have been converted but theyre at capacity. There are 1600 Central American migrants waiting to have their cases heard. Eric thanks so much. 2020 democratic hopefuls are responding to President Trumps National Emergency declaration and vowing to block his executive action to build a wall on the southern border, this coming as the dnc wraps up its winter meeting in the nation ls capital. Garrett tenney joins us live from washington with more on this. Reporter the Emergency Declaration, immigration and the larger debate over Border Security as whole were some of the pt i. At the dnc meeting. Take a look at this map to see where all the candidates and potential 2020 candidates are today. Illinois, iowa, South Carolina and New Hampshire where senator cory booker criticized President Trump for declaring a National Emergency and using taxpayer dollars to build a wall that he said mexico was supposed to pay for. I think that theres a serious violation of separation of powers going on by this president right now, something that democrats and republicans should stand in unison saying this is absolutely wrong and worse than that, its insulting. The republicans wouldnt have tolerated this if obama did it. They shouldnt tolerate it when donald trump is doing it. Its something we should join on. Reporter on the last day of the winter meeting here in d. C. , the chairman tom perez slammed the president for declaring a nation until emergency while ignoring other issues that he says are much more pressing emergencies. We have a National Emergency on climate. We have a National Emergency on voter suppression. We have a National Emergency for women who work a fair days wage and dont get a fair days pay. This is a National Emergency of our moral values. Thats why this is the most important election of our lifetime. This is a moral reckoning. Reporter immigration will certainly be one of the leading issues of the 2020 campaign. Based on the dnc meetings the past few days, democrats plan to once again make health care a major focus of the party which is an issue that helped propel them winning back the house in the midterm elections last year. Thanks so much. Eric theres now details emerging on a suspect that opened fire at a warehouse in a chicago suburb of aurora. Gary martin was an employee there and he was being fired just before the shooting began. He did kill five people. Martin was killed in the shootout with police but not before he wounded five Police Officers. Investigators also revealing that martin did have a criminal record and he should not have been allowed to buy that gun in the first place. A felony conviction was discovered. The offenders conceal and carry permit was rejected. Eric we have more from outside the Aurora Police headquarters. Reporter 45yearold gary martin had multiple runins with police, six arrests for domestic violence, for violation of a protective order, for traffic violations, in 2017 he was arrested for Disorderly Conduct and criminal damage to property in a nearby town, specific to gun ownership he had a felony conviction in mississippi in 1995. He applied for a fire owners identification card, a foid card. It was a approved. Martin bought the gun used in the shooting four days after the approval. Shortly after that he attempted to get a concealed carry permit, finger print analysis linked him to his felony conviction. The permit was refused. The card was revoked but martin kept his gun. We have to take the politicalness out of it. The fact remains that some disgruntled person walked in and had access to a firearm that he shouldnt have had access to. I dont want to make it political. This is a human issue. Lives were lost. I want to concentrate on taking care of our victims families, taking care of our officers. Reporter the shots started in a meeting in which martin was being fired after 15 years at the plant. Three people were killed in the meeting, two outside of the meeting. They range from the plant manager to a Human Resources manager to a Human Resources intern who was on his first day on the job. Also, a stockroom attendant and a mold operator were killed. The gun was a 40 caliber smith and wesson. The police say multiple magazines were found spent at the scene. They dont have a specific number. Five Police Officers were shot during the course of all of the gunfire. We know the worst of them is in stable condition. Others have been released or are being released from the hospital. We expect another update in an hours time, including a representative of the Parent Company of the hyatt park plant. Eric. Eric just so horrendous. Your hearts go out for all the victims, especially a young intern, a student who was there learning business. Mike, thank you. Laura. A major drug bust, federal authorities seizing two massive shipments of cocaine. Where this happened and why its being called one of the largest drug hauls in decades. And, the question of the weekend, does the president have the authority to byPass Congress and declare a National Emergency in order to fund a border wall . Some republicans are confident he does. I think the president s on a absolutely solid ground. This is an authority that dates back to 1976, its been used 58 times. We have National Emergencies declared that date back 40 years. About 50 of people with evesevere asthma k . Have too many cells called eosinophils in their lungs. Eosinophils are a key cause of severe asthma. Fasenra is designed to target and remove these cells. Fasenra is an addon injection for people 12 and up with asthma driven by eosinophils. 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A total of 221 pounds were found aboard two ships at a Ventura County port, about 60 miles northwest of los angeles. They both came from central and south america. The illegal cargo was concealed beneath floorboards. An old trick. Authorities say its the largest drug seizure at that port in 25 years. And we will have a National Emergency and we will then be sued and they will sue us in the ninth circuit, even though it shouldnt be there, and we will possibly get a bad ruling and then well get another bad ruling, and then well end up in the Supreme Court and hopefully well get a fair shake and well win in the Supreme Court. Eric thats President Trump uniquely predict whack he thinks will be the legal course of declaring a National Emergency. That emergency he hopes to help build the wall along the u. S. Southern border of mexico. A number of lawsuits have been filed about this and more likely to come. Arguing there is no National Emergency and they will be claiming that the president does not have the Constitutional Authority to byPass Congress when it comes to funding a wall. The primary fight was on the wall. Everything else we have so much, i dont p know what to do with it, we have so much money. On the wall, they skimped. So i did i was successful in that sense but i want to do it faster. I could do the wall over a longer period of time. I didnt need to do this. But id rather do it much faster. Eric what is going to happen . John decker joins us, an attorney and Fox Newsradio white house correspondent, usually standing out on the front lawn reporting today hes in the studio. What is the white house saying today to defend the president s actions . The white house says the president s words stand for themselves. He has the power the white house says to declare a flag National Emergency and has the power to move funds from one federal department to another in terms of building the southern border wall along the u. S. mexico border. As you mentioned, there has been at least one lawsuit that has been filed by public citizen, a liberal group that is representing a number of land owners down in texas and they believe that they have been agrieved by this National Emergency thats been declared by the president because that border wall they say will run right through their property. Eric what about those who are saying, the critics, that as a constitutional issue, this is a violation of the separation of powers that congress has already voted on something and its the first time this has ever been used in that type of case where congress has already stated under the power of its purse, its result, and that is the president is trying to do a run around that. This is where the president and the administration will run into some trouble, constitutionally. If you listen to the words of susan collins, republican of maine, or lamar alexander, republican of tennessee or marco rubio, republican of florida, they say the same thing, which is the power of the purse rests with congress. Its an article one, section nine clause one of the constitution and so although the president certainly may have the power to declare a National Emergency, he does not have the power, they say, to move funds without a specific appropriation from congress to build that border wall. Eric thats fascinating. Do you think as the president seemed pretty confident if this went up to the Supreme Court, do you think that maybe, yes, the Supreme Court would rule that he has the power to declare a National Emergency but maybe, yes, or no, to the moving the funds . Well, we dont know whether its going to go all the way up to the u. S. Supreme court, eric. I think it likely will, go up from the a District Court level, Appellate Court level all the way up to the Supreme Court. I think that federal judges along the way are going to look at this as a twopart exercise. One being whether the president has the power to declare a National Emergency as relates to a nation mall security issue along the u. S. mexico border and b, does he have the power to move those funds without a specific appropriation from congress to build that border wall, to build more of that border wall. That, again, eric, is where the president is likely to run into some problems and its already been reported that the White House Councils office has told the president this is going to be problematic for you, mr. President. You may lose on that count. Eric then again, the president can still surely to the 2020 election be claiming and touting he wants to build the wall and the process continues. Thats certainly right. It will motivate his base along the way. I might add, the president 1. 4 billion or so this year to build 55 miles along the u. S. mexico border. Hes going to ask for more money next year. If he gets reelected hes going to ask for more money for the border wall in years five, six, seven and eight. By the time the president if he gets two terms in office, he may well have built the border wall along the u. S. mexico border. Eric thats 55 miles