goat. maria: amazing. >> at least they laughed about it. you know, the police, i mean they really, the things they got to deal with, you know? crazy people in new york, or goats in oklahoma. you never know. >> i think they pick the goats. maria: well we're wrapping up a big week, guys. we have the opening bell in 30 seconds, in 30 minutes time rather at the opening bell dow industrials right now up 114. we are anticipating retail sales next week to be the big spotlight for markets along with more earnings. its been great talking with all of you cheryl casone, frances newton stacy and joe borelli thank you very much for being here. have a great day, everybody. tonight i'll be talking with robert kaplan, former dallas federal reserve joining us on wall street. "varney" & company picks it up now. stu, take it away. stuart: good morning, maria, good morning, everyone. the invasion has begun. we're nine hours into the post- title 42 era and the migrants are pouring in. these developments a judge rules

they can't come in if they don't have a court date. chaos. the ones already here are being bussed all over the country and there's resistance to that. more chaos. we have is on the border. you will see all of it unfold throughout the show. now, no statement on the border from the president or vice president is scheduled for today tomorrow, the president heads to his beach house. kamala harris heads to atlanta for , among other things, a fundraiser. to the markets. we have a modest rally i don't believe there's any connection between the border and the market. what we've got this modest rally dow is up 100, nasdaq is up about 18. interest rates likely lower helping big tech and the nasdaq. we have the 10-year well below 3.5% at 3.40 right now. the two-year well-below 4% actually at 3.92% but i'm going to show you the one-month treasury bill that is the shortest of all short-term treasuries. 5.46%. how about that?

not a bad proposition if you ask me. the price of oil is down. we're looking now at $71 a barrel but strangely, gas has gone up $0.01. the national average is 3.54. i expect that to come down next week but i've been wrong about that before. look at bitcoin. whoa it's down 26,000 bucks per coin right now on bitcoin. all right on the show today, the trump town hall on cnn wednesday night outrage from the left. how dare you give him a platform star anchor anderson cooper told viewers last night that they have every right to be outraged, and never watch this network again. whoa! priceless. it is friday, may 12, 2023. "varney" & company is about to begin. ♪ i'm at the point of no return ♪

stuart: put it up, there you go, "point of no return" okay, dubio us connection to the border, i guess, but okay, look at that. midtown manhattan, not much going on on a friday morning is there? next case, title 42 is gone. the flood gates are now open. migrants are lining up to walk in, todd piro graciously is going to be with me for the hour do we know how many people are currently lined up? todd: absolutely not. and you know as well as i do that the reason whatever numbers we are being told multiply them by a series of 10, or 20, or 30. we just don't know. we don't know the full ramifications of this from a numbers perspective, from a money perspective, from an anything perspective and i use the keyword at the top of the show. throughout history, you're a student of history, any time a mass of people numbering in the tens of thousands, hundreds of thousands, enters into the country quickly, what is that called? stuart: an invasion. todd: exactly. that's what's happening right now.

there is an invasion and i understand many of these individuals are women with children and we feel sorry for them, and i understand that, but at the end of the day, if you do not have sovereign borders, you don't have a nation and today, we do not have sovereign borders. stuart: i agree with that because my heart goes out to some of these folks, and i mean that. they're here illegally but my heart goes out to them. can you imagine carrying a little baby a thousand miles and crossing a river to get in here, you're exhausted, you're tired? i mean, that's a very tough thing and my heart goes to those people. todd: 100% but stu, the problem with that is, we want those people to be happy in life the united states of america has a procedure in place to accomplish that. it's called our immigration system. is it perfect? no, but you went through it. migrate grandparents went through it and they weren't rich they came here with nothing in many instances less than the individuals you see. it is a process that we have in order to maintain our sovereignty and what we want

these people to all have good lives, they cannot accomplish that goal the way they are doing it now. the biden administration is facilitating that and that's why we're in trouble. stuart: i think there's more chaos coming if this judge says, i think the judge is in florida, federal judge, says you can't come in if you've not got a court date. well, they haven't got court dates, so what's going on? i mean, this is chaos, surely. todd: not only is it chaos the way you described the images that we're seeing. it's chaos when it comes to the law. you have a federal district court judge saying one thing. you have another person in another country saying another thing. ultimately those things are resolved at the supreme court. supreme court doesn't move fast so nobody has any idea what the law is. the biden administration said they have a plan. take a look at your screen. this is their plan. it is a mess from top to bottom and it is the american people that will ultimately suffer. yes, you may not see the direct impact of this today, but you're going to see it in a year, two years, three years and your kids are going to live the impact of this for the rest of their lives stuart: those folks will be

arriving at a town near you. todd: 100%. stuart: you'll be seeing this throughout the show what's going on at the border. now you're looking at what's going on on wall street. kenny polcari with me this morning. kenny let's settle this. there is no connection at all between the border and the modest stock market rally, correct? >> no, zero. stuart: okay. all this talk about ai has surely given a boost to cybersecurity stocks. are they the place to go to get in on ai? >> well, listen. i think you have to go to both places, right? you should go to what's out there is a pure ai play as well as cybersecurity because ai is very much in its infancy but yes, cybersecurity is a place you'll find it but look you'll find ai across a range of industries and banks are going to be using ai. certainly research firms are going to be using ai. you're going to find it everywhere but if you want to find a place to your point, cybersecurity for sure, and and i have discussed it that stock i

own which is out there which is c 3-pointai be another place to find exposure. stuart: i get the feeling, i don't know where it comes from, but this market just wants to go up. am i fooling myself because there's been a big rally in big tech and those big cap companies am i fooling myself? >> no, no, you're right. listen we have been talking about this for three weeks. it doesn't really want to go down but yet it hits a resistance at 41.63 and it's going to be interesting today because we've hit that 41.63 resistance two times so if we hit it for a third time, it's a charm. will we go up and through or will we not? the only thing you have to worry about is this ongoing fed speak. yesterday we had it from michelle bowman talking about how people should not get too doveish yet, that the labor market remains tight that inflation is still high, so monetary policy might have to remain restricted so i think that's going to put a short-term cap on it but once we get some more clarity, from the fed, at

the next meeting, i think then it's going to dictate which way the markets going to go. i still think we've got a little room to go down before we go up but to your point, its been very resilient. stuart: okay, what's the stock that you would buy this morning, if any? >> i've got a couple of them. ai be one of them, amazon is going to be another one that i would buy, and google be one that i'm going to buy. stuart: why google? they had a great rally yesterday , up about 4 or 5% yesterday on ai by the way. >> yeah, but you have to look at google from a chat. you have to look at it on the chat and see it just broke out and so therefore, its got lots of momentum to move higher, a lot of people have been talking about it from a technical perspective its been struggling right at those resistance levels now it's up and above on the north side of all those trend lines, and so therefore its got momentum in it stuart: full disclosure, i bought some google yesterday. okay? i bought some alphabet on the strength, but you know what, kenny?

typical stuary varney. i bought after the 5% run-up. it's just the way it is with me i guess. it had to get through those trend lines in order for that to be confirmed so i'm not saying you did the wrong thing. i think you're okay. stuart: thank you very much indeed kenny polcari. i'll see you next week. thank you, son, see you later. here is the elon musk headline of the day. he is stepping down as the ceo of twitter. so whose going to take his place todd: "wall street journal" reporting that it is linda yakar ino, the head of advertising at nbc universal. musk tweeted yesterday excited to announce i've hired a new ceo for twitter. she will be starting in six weeks and my role will transition to being executive chair and cto, overseeing product, software, and sis-ops. musk has been the ceo since october when he purchased twitter for $44 billion. remember on this very show we reported musk saying in december i will resign as ceo as soon as i find someone foolish enough to take the job.

stuart: this idea is going to take care of advertising. the product as it goes forward among the public. he stays in charge of the technical side of things. todd: exactly but running the business is connected to the advertising, because that's where you get the money and now he's set to focus on the rest of the technical stuff for twitter and the other 9 billion companies he runs. stuart: i imagine tesla will look pretty good this morning. todd: great point. stuart: i want to get to another big story. the 24-year-old marine veteran, daniel penny, surrendered today facing charges in the death of jordan kneely, accused of chok ing kneely to death on the subway in new york city. what charges does he face? todd: manslaughter. i look a little sweaty because i was just downtown for fox & friends covering this. the young man arrived at court literally at 8:01, excuse me, at the fifth precinct, a quick little appearance, walked in less than 10 seconds and it was so interesting to me, stuart. he looked like a little boy. he's a marine who dedicated his

life to our country now retired but here is an individual who regardless of what happened, stepped into help people who were in distress on the subway. did he want to kill this individual? no, he clearly didn't want to kill this individual. he wanted to step in and i think when you hear the various witness statements about what they saw him do and the overall scene is that other people on that train were feeling threaten ed by the individual who ultimately died. i think that's where you're going to get to a result that hopefully our justice system will allow it to go through but the reason this guy was charged in the first place, political pressure. the reason there wasn't a grand jury that evaluated many of the things i just said, political pressure. when you have the mayor of this city whose a police officer himself who should understand what it requires to defend people in the city, to basically demonize this young man, it shows that he is up against the odds, and it shouldn't be that way because ultimately what he did, he was a good samaritan. he stepped into help. it didn't work out the way he wanted to and now there's going to be riots in the streets if

he's acquitted and if he's not, if he ends up going to jail, there's going to be a young man in jail who probably shouldn't be there. stuart: got it. todd, thank you very much indeed check those futures, please. it's friday morning. looking at green dow is up about 100, smaller gains for the s&p and the nasdaq. coming up, cnn, their leadership facing criticism for what they are calling a disastrous trump town hall but trump is firing back at his critics and saying the network "did the right thicket we're going to get into that. mayorkas says the white house is ready to handle the influx of migrants but instead of keeping people out, does he see his job as getting people in efficiently the border guy, tom homan is next. we're talking about cashbackin. not a game. not a game! we're talking about cashbackin. we're talking about cashbackin.

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stuart: all right, we've got about 14 minutes to go to the opening bell modest amount of green on the left-hand side of your screen dow is up about 100. we've got to go back to the border. big day today. bill melugin is there. he's actually in brownsville, texas. all right, bill, what kind of a surge have you seen so far? reporter: well, stuart, good morning to you. i can tell you we were out here at midnight as title 42 finally expired, and a large rush of migrants never materialized. now, it's daytime and we're waiting to see what the day brings, but take a look at at this video. we were out with four republican senators as they received a tour of the brownsville area from the border patrol union. they took us down right to the edge of the river where there have been mass illegal crossings in recent days. thousands of them, and we went down to the edge of the river and again, there was no mass crossing taking place.

what we did see was across the river, migrants camped out. there were migrant campfires and migrants playing music as well. here is what senator ted cruz had to say. >> there are 22000 illegal immigrants right on the other side and they have fires going, they've had music going. they are partying because in a couple hours title 42 is ending and all 22000 are going to invade this country, and joe biden and kamala harris will be the last mile of the human trafficking network. reporter: now, that rush of migrants never materialized, but that doesn't mean it's not going to in the coming days and here is why. there's still masses of migrants gathered in mexico. we sent a cameraman to matamoros migrants looked like they wanted cross but this is what they were greeted by. texas national guard physically blocking and repelling them. we saw one guy trying to get into the water to crossover but it was essentially a standoff last night with texas national guard and people who

were wanting to crossover. most of them eventually did not do so, but here is why we're expecting potentially large numbers. take a look at this video. this is in ryanosa, another mexican border city where the shelter is completely overwhelmed by migrants staying there. there are tens of thousands of migrants gathered in mexican border cities like this. this just one of them, which is directly across from mcallen so it appears the migrants are in a bit of a holding pattern now waiting to see what happens in the first hours now that title 42 is gone, and back out here live, cbp sources tell me that yesterday was the first time in several days that border patrol dipped below 10,000 migrant apprehensions in a single day. i'm told as of this morning, cbp currently has about 25,000 migrants in custody we'll send it back to you. stuart: bill melugin at the border, as usual. thanks so much, bill. tom homan is here, the border guy. it seems to me, tom, that mayorkas sees his job as getting

people in efficiently, rather than getting them out. is that the way it is? >> yeah, that's the way its been for two years, you're exactly right. even the chief patrol agent, i'm here in el paso, they had a southwest border conference here even the chief told the audience , he wants his processing centers to be as efficient and run like chick-fil-a. now, what kind of statement was that from a federal law enforcement office supposed to be securing the border so look i've been at chick-fil-a if there's 20 cars, they move them pretty quick so they aren't even hiding it anymore. their whole plan is process quickly, release quickly, because if there's no over crowding there's nothing to see. stuart: the migrants are here. i think they are staying, and i think that ultimately, they are going to work. there's no way we're going to deport five or 6 million people is that the way it is? they are here, they stay, they work. >> well here is the data.

you're right, because the immigration court data the last decade says nine out of 10 of these people who claim yes will never get released from those courts. they will be ordered to move but if you look at homeland security report like if you're a family unit and you get order of removal, how often do you leave? 6% of the time so people need to understand, these people, they can demand due process, but due process doesn't mean squat if the final order of the judge isn't carried out so you're right. these people, nine out of 10 they get ordered to move but very few would leave. so that's what we're dealing with, so and that's what the problem is right now. it's why they keep coming. they don't see any airplanes heading back. under the trump administration with no catch and release, airplanes were sending them back showing there is a consequence, but they aren't seeing anybody going home so they keep coming. stuart: mayorkas insists that

the migrant whipping incident just didn't happen. watch this. >> the southern border is not just mexicans. it is asians. it's africans, as we've seen, particularly with that issue with the haitians being whipped with the reigns of the horses, but what is there? >> let me just correct you right there because actually the investigation concluded that the whipping did not occur. stuart: whoa! the whipping did not occur. okay, are we going to get an apology from mayorkas or biden who said that they were whipped? >> you know, they won't and shame on him. too little too late. he should have said that the day the video came out because two days after the video came out, he stood at the white house podium and slandered these men when he was already briefed in advance that they didn't whip anybody. him and the president both. look, they wonder why morale is so bad? because border can't do bad or

enforce the law, and then they attack the men and women who were in the uniform. i know for a fact those men who were slandered had to go home that night to their wives and children that were called doing racist things on the border against black migrants. these men's careers will never be the same. they are still disciplined even though the whipping didn't occur they had to find something. maybe someone used a bad word or was too aggressive but i saw that video and i knew within five minutes they did their job and they did it well. the horses performed as they were trained. the only people that did anything wrong that day were the haitian migrants who entered the country illegally and ignor ed federal commands which is a felony but no one talked about that so shame on the secretary. stuart: well-said. tom, you are the border guy and we appreciate you being with us regularly. we'll see you again soon, i hope , tom homan. check the futures back to reality and the money. dow is up 100, nasdaq is up 21.

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stuart: a little green on the left-hand side of your screen dow is up 100 nasdaq is up 21. not a huge gain but we'll take what we can get. lou basenese, market watcher of the morning. i know you don't like nvidia. it's too expensive, you've told of that several times so what do you like in the ai industry? which stock are you buying? >> it's not just that it's too expensive, stu. i think it was churchhill said it's half way around the world before the truth has a chance to get its pants on and the lie at nvidia is a pure play on ai has made laps around the truth and the truth is theres not many big cap pure play ai stocks to own. we've talked about microsoft, which i own, my family owns, google is really showing its strength in the ai space coming out of their conference and their iterations in the space, but i think you really need to look if you want a pure play you got to go into the lower end of the market and a stock that should be on everyone's radar is

gsi technologies. this is a company that again are about to report earnings next week. they have a storage business that really funds the development of ai chips that are way more efficient, so in laymans terms whenever you do computing you've got storage here in one chip, computing on another, processing chip and any time you want to do something you send that data back and forth. gsi's big innovation is called in place associate of computing so it does it all in place, so much more efficient, it really leverages and amplifies the amount of computing it can do in ai application and they are getting ready to go commercial with their first generation chip so this is a name you keep on your radar. i can't make an individual recommendation to buy but you should talk with your financial advisor about it and if they tell you to buy nvidia instead fire that financial advisor because it's a bad play. this is one you want to keep an eye on. it could become the biggest pure play in ai out there selling chips it's doing about 30 million in revenue now so the ai business could take over quickly. stuart: did you say gfi?

>> gsit is the ticker on that. stuart: got it thanks real fast about 30 seconds. why don't you like disney at these new lower levels? >> business and politics don't mix, so on the political side, why are you poking the bear in ron desantis? i get that there's freedom of speech but you don't get freedom of the repercussions of that speech when you get into the political realm. we're learning that with anheuser-busch and bud light into that, you lose customers. on the business side there's just no real catalyst coming up. you're bleeding subscribers and if a recession is looming people aren't going to the parks so i just think it's overvalued and not many reasons. >> [opening bell ringing] stuart: get into gfit for their ai program. thank you very much indeed, see you again soon and follow that stuff too. all right the market is now open precisely 9:30 eastern time. and we've opened up not by much. the dow is up close to 100 points about 1.25% at 33, 399 most of the dow 30 are in the

green. i see nike losing ground, bottom right hand side. disney is down a bit more, right there. all right, the s&p 500 that has opened higher. a quarter percent higher, 4,141 as for the nasdaq composite, up 2.5%, 12, 353 i'll show you big tech meta, alphabet, apple, microsoft on the upside, a tiny loss for amazon down all of now it's on change. all right, musk is stepping down as the ceo of twitter. susan is back with us. does that make tesla shareholder s happy? >> absolutely so you saw that tesla spike yesterday when elon musk confirmed in that tweet he has found a new ceo for twitter, and it was just confirmed at the top of this hour that nbc universal boss linda yakarino will be leaving nbc universal so she will not be at the upfronts next week and likely prepping to take over the twitter job in just

about six weeks time as musk has outlined. i'll tell you that in my conversations with people who have worked with linda at nbc universal she's an advertising force, generally well liked and that's kind of what elon musk wants to focus on for twitter. bring in the advertising dollars to make it profitable so now he can focus on tesla which we know this morning had a lot of headlines. tesla recalled over 1 million cars in china, on braking issues really more of an over-the-air software update. hiking prices again, which is surprising on model x, y,s in the u.s. after cutting price six times to drive sales and wedbush , you saw that note this morning coming out saying that with elon musk, now getting back to tesla full time, and removing this twitter overhang that's going to add 15 bucks at least to tesla's stock price so we could go up to the 190 level or so. now tesla is already up 40% this year, and i think results this week, i told you about

lucid, rivian, when you compare tesla 1.8 million guided production this year, to lucid 10,000, rivian 50,000 it's like giants to peanuts right? stuart: yeah, it's a big deal. >> it's a big deal and exactly why that stock is racing ahead but i'll tell you also from my other conversations with people that have confirmed this from numerous sources by the way, i know that twitter has approached for instance yahoo's boss for the job, so they've been looking for a new leadership so that elon musk can get back to looking at spacex and tesla. stuart: but they found a new leader and the market likes it. you've got to tell me about regional banks. i've seen them recovering this morning not huge but some recovery. is that a mild positive for the overall market? >> yeah, so recovering a bit after the sell-off yesterday. remember that pacwest dropped by a quarter after they said that 9.5% of their deposits were withdrawn last week, and there's concern that pacwest might be the next bank failure after first republic silicon valley bank especially if they only

have $15 billion of cash on hand that's not enough to cover a weekend bank run like the one we saw at silicon valley bank, rosenstein it? so jamie dimon yesterday, he's blaming the short sellers as regulators need to step in and others say the fdic needs to officially raise that deposit insurance limit to $250,000. make it official. even though it's implicit given the rescue, right? stuart: i've got to get back to ai and i want to know about meta 's new ai feature. >> right, so we had a meta event here in new york city, and it's an ai testing playground and this is to help advertisers build campaigns, really an update to their meta advantage, which is a portfolio of automated tools and products that advertisers can use to enhance their campaigns. now this week, i think google is probably the ai trade of the week, right? so you're backup to the highest levels for google and alphabet since august last year. i think you've added at least 10 % on that developers conference alone with new ai roll-outs, generative search, et cetera.

stuart: you probably didn't hear me tell lou basenese a few minutes ago i bought google yesterday. >> you did? stuart: i did. >> on that 5% rally? stuart: wait a minute, i bought after the 5% rally. >> [laughter] stuart: let's be honest about it i was listening to your interview with nvidia and if you look at nvidia meta these stocks doubled so far this year and if you listen to stanley drunken miller one of the most respected traders on wall street his overweight right now is nvidia because no one else makes these ai chips that everybody uses, so they pretty much have a monopoly on that business. stuart: last one is the cryptos. i see bitcoin was down to 26 grand this morning. >> yes you're looking at two month lows for bitcoin after it crossed $30,000 just a few months ago and really, there's not much obviously there's not much activity or volume, no catalyst to chase bitcoin right now. now, so there is talk that if we don't cross back over 30,000, the next test level could be down below 25,000, and as you

know there's a lot of regulatory headwinds with the regulators clamping down on the coinbase and binance around the world. stuart: my grandson still has some ethererum and i'm holding on to it. >> you remind me of warren buffett. he's a conviction trader, right? stuart: me? >> very few stock holdings so if he buys that's interesting. todd: but with the lack of money you made by buying it late he may have to work another week. stuart: [laughter] todd: delay retirement by five days, stu. >> there should be an ai version of stu in the future. todd: there could never be an ai version of stu. this man is an original and now i get to come back next week. stuart: yeah, you do. susan we'll see you aishah hasnie couple hours. the dow is up 60 alt 33, 370. show me the winners among the dow 30 that is the top of that list we have chevron travelers caterpillar, honeywell , dow all on the list.

s&p 500 winners help me here, susan. solar edge -- >> news corp. did well in their earnings by the way. stuart: up 7% we like that charles schwab is on there and onsemi. >> so it's actually a great auto maker chip auto maker. stuart: and it's up today what do we got on the nasdaq? we got that right there. check the other market indicator s like the 10 year treasury yield. where's that this morning? 3.39%. it's down. actually it's up on the day but it's down significantly historically, can i put it like that? the price of gold, $2,024 per ounce. that's near a record high isn't it? stuart: it's close within 20 bucks of the high we've seen this year that's for sure. 2024. bitcoin we just told you 26, 400 got that. oil down to about $71 a barrel today. okay up a little on the day, but $71 historically, down. nat gas what do you have to say about that? 220 that's it.

coming up, south carolina senator lindsey graham wants mayorkas, the border guy, out of his job. roll it. >> this is really a bad dad bob moment coming out of the department of homeland security. i've never been more disappointed and disgusted than i am right now. he should be fired. stuart: okay seems like a no-brainer to me but we'll get into that later. house republicans passed a border bill limiting asylum protections. will any democrats vote for it in the senate? how about sinema or manchin? we'll discuss and deal with that next. ♪

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so it's decided, we'll park even deeper into parking spaces so people think they're open. surprise. [ laughs ] [ horn honks, muffled talking ] -can't hear you, jerry. -sorry. uh, yeah, can we get a system where when someone's bike is in the shop, then we could borrow someone else's? -no! -no! or you can get a quote with america's number-one motorcycle insurer and maybe save some money while you're at it. all in favor of that. [ horn honking ] there's a lot of buttons and knobs in here. stuart: chaos threatens at our southern border. title 42 expired nine and a half

hours ago. lucas tomlinson at the white house with us this morning. all right, lucas. we've heard from mayorkas. what about president biden or vice president kamala harris? have we heard anything from them reporter: well, stuart, we haven't heard anything from president biden's border czar, kamala harris. we did hear earlier this week from the president. he said it be chaotic on the southern border and it appears he is correct. now yesterday, in the press briefing room, colleague jacqui heinrich asked the question. reporter: you said at the beginning that you prepared for this moment for almost two years, so why is part of that plan an honor system? >> oh, it is not an honor system. if those individuals do not honor their commitment to surrender to an immigration and customs enforcement officer, to be able to be placed in enforcement proceedings, they are subject of our apprehension efforts. reporter: now, last night, stuart, a federal judge in florida ordered the u.s. border patrol not to release any

migrants into the u.s. without issuing formal notices to appear in immigration court. now the border patrol responded to the judge in a statement " cb p will comply with the court order and and is assessing the next steps. this is a harmful ruling and undercut our ability to efficiently process and remove migrants" and speaking about the border in general the border patrol union saying something very different. this is by far the worst disaster that any bp agent active or retired has ever seen in our border, and one man is responsible for every bit of it with the worst still to come with a picture of president biden below that tweet. also, yesterday, stuart, the gop controlled house passed a new border security bill just hours before title 42 ended. this after passing the debt ceiling bill earlier this week which raised the debt ceiling, and is cutting some $3 trillion from spending and today, stuart, the presidents schedule is very light only meeting with the president of spain. stuart? stuart: got it. lucas thank you very much indeed

congressman russel frye, republican from the great state of south carolina johns us now. congressman, house republicans passed that border bill yesterday that limits asylum protections. do you know of any democrats in the senate who would supreme court your bill like sinema or manchin? >> no, not at this point but i think the american people do and i think that's what's really important here is that we're delivering on what we promised that we were going to do. the asylum process and quite frankly, really the entire immigration process has been abused by this administration for a very long time, so we hope democrats will support it and we hope that they send it to the president's desk. let's put him on record. stuart: congressman the administration is in the process of distributing these folks all over the country busing them left, right and center. do your constituents in south carolina, did they want to see migrants arrive in your state and what are you going to do to keep them out? >> no. they do not. i mean, we're seeing effects, obviously 300 americans die

everyday from fentanyl overdoses these are happening in rural communities, urban centers and really everywhere so people don't want to see this. obviously you're seeing even democrat mayors and governors expel these people from their border so i think we would probably do the same if we were alerted they were even coming and that's the problem is theres no transparency with this administration. people just show up. if you show up at the border, you're asked where you want to go and we, our taxpayers, transfer this illegal immigrants to their destination. it's unconscionable we're even here. stuart: it's a theme on this program that the border is actually now everybodies at the border. south carolina is a new border, and you are going to have to do something at your state line, i can see that coming. i mean, it could get ugly, congressman. >> i think so, and we're already seeing. you've got record people, 10,000 -plus a day that are being apprehended. 1.2 million gotaways since this

president took office, and we're seeing effects of joe biden's border crisis every single day. we feel it in our communities. we see it in our streets. this bill speaks to that. it really beefs up border security. pays the border agents well. finishes construction of the border wall which everybody agrees actually works, and reforms the asylum process probably most importantly so that you don't have an administration like this that abuses it continually and allows these illegal migrants into our country. stuart: what a pity it dies in the senate. congressman russel frye, thanks for joining us, sir, we do appreciate it. >> absolutely, thank you for having me. stuart: next question, what kind of a grade do voters give biden on his border performance what you got? todd: not surprising or great stuart. residents in el paso texas were asked how the president is handling the migrant surge. many gave the president an f. watch this. >> probably a d. >> definitely an f. >> i'd rate him an f plus.

>> he hasn't handled anything. i give him an f on everything. todd: one resident said the president has no grasp of how serious the crisis is. stuart, el paso has seen thousands of migrants camped out on the sidewalks in recent days ment look you see how angry you and i get. we're in the studio in new york city. imagine if you were living this nightmare every single day, and then exponentially so this week. stuart: i can't imagine. todd, thanks a lot. here is what's coming up for you it's not too late to be on the show today. send in your friday feedback e-mail comments questions critiques to varneyviewers@fox.com. maine expected to see a record breaking number of tourists this summer, buffeting a severe shortage of workers in some cases businesses have to close, but what about the migrants overflowing the shelters in maine, which we showed you yesterday. why don't we get them to work? we'll discuss, we'll report after this.

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so many people are overweight now and asking themselves, "why can't i lose weight?" for most, the reason is insulin resistance, and they don't even know they have it.

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to see a record breaking number of visitors this summer, but, it's facing a severe lack of workers. madison alworth is still in portland, maine. all right, madison. what about all those migrants you told you about yesterday? can't they work? reporter: they can not, stuart. federally they aren't able to work and through the process they would have to apply to, it takes about a year and a half to get work visa if they get it at all. a lot of migrant immigration specialists argue that they should be allowed to work. we hear it from a lot of city leaders but legal experts warn that this would just further incentivize crossings into the u.s.. it is, of course frustrating for business owners here to say we need workers to have people show up but the reality is on a federal level it's not allowed and we are talking about a lot of businesses. in fact, 70% of businesses in maine say they do not have enough employees for this high season, and that is a bummer because this summer is expected to be a recordbreaking summer when it comes to crowds.

tour companies like portland discovery say they are still looking for help. when it comes to their ticket sellers for example, for their boat and trolley tours, they normally have 12 people. right now, they only have six employees working that job. that's leaving money on the table at the most important time of year. >> because we're seasonal, we have to make a years living in six months so it's very important, it's not like we can say well, we'll wait, you know, come november and things will get better. there is no november for us. october 31 we're done, so if we don't hire enough people, and we have to turn business away, it will absolutely affect our bottom line. reporter: you know, interesting ly though, kathy counts herself lucky. she knows businesses that have less than 50% employment across-the-board. some of those businesses are being forced to close down because it's just not worth it anymore. >> i think that some of them actually close down because they were working harder than they've ever worked before. in fact that was something that

i've heard from pretty much everybody throughout the industry that the last several years, they have worked, they have never worked harder before to keep up. reporter: so stuart, this used to be work that be really good for high school students or college students. kathy said those kids aren't showing up anymore, and when they do they aren't qualified so now kathy and her husband bill, one-day working the boat next day driving the trolley or selling tickets. they do whatever they can to just get by because they don't want to leave the money on the table. back to you. stuart: thanks very much i want to know more about the migrants and why they can't work. todd? let's see now. we give them work but suppose we give them work permits and they could all work. the outcry be enormous because that be encouraging more to come , and local folks don't get the job the migrants do, so there's a real problem here. todd: that is one of the arguments. the rebuttal is these are jobs the locals do not want otherwise they be in these jobs to begin with. you would think these migrants

can go to a blue city and let them work in the cities what federal rule have the blue cities followed this week? they hate them all but then the same blue cities give the migrants everything for free so they wouldn't have to work. this underscores the mess that we're in. i know you keep insisting they will have to work. stuart: potentially. todd: will they be taxed? will the revenue come in for those workers? so many questions biden said he had a plan. what plan do you see? stuart: i simply cannot imagine that we will have 5 million illegals in this country who do not work and we pay them money and shelter and clothing and food. todd: you'd think. you'd think. stuart: we're out of time sorry. but thanks for being here for the hour. you're a good man. still ahead brandon judd takes on the release of migrants with no court date. the debt meeting delayed, indiana senator mike braun is here to tell us whether that's good or bad. what struck me about the trump town hall was how vigorous he looked compared to biden. i bet you pete hegseth agrees

with that. and why haven't migrants been sent to los angeles or san francisco? steve hilton, our california guy , reacts to that. 10:00 hour next. ♪ .. my husband and i have never been more active. shingles doesn't care. i go to spin classes with my coworkers. good for you, shingles doesn't care. because no matter how healthy you feel, your risk of shingles sharply increases after age 50.

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