immigration law, no matter how many promises they made. and today is proof we said they were fanatics who would do anything to holdtis political power. and today is proof, as weho said , the angle. their actions are both unconscionable and impeachable . we have a countrpoy to savwer.e we have a countrpoy to savwer.e and it's goinge to take commons sense and courage to do it. >> todd: a fox news alert, an active scene unfolding at the southern border this hour as texas national guard works to hold the line of desperate migrants pushing toward our country with title 42 no longer in effect as of four hours ago. you're watching "fox and friends first," i'm todd piro. >> ashley: i'm ashley strohmier in for carley shimkus. men, women and children disending the rio grande river before facing the currents of the water below, only to be met with this serious plea from officials on the other side.

[indiscernible] >> ashley: live on the ground in matamoros, where he recorded that video you just saw and journalist nick sorter live from mission, texas. we start with alexandria hoff in washington with the latest. >> alexandria: those are truly sad images. time has caught up. the white house releases this saying starting tonight, people who arrive without using lawful pathway are ineligible for asylum, the border is not open. people who did not use correct -- this comes after the

white house released plan that would allow temporary release of migrants into the u.s. without a court date or means to track them. it was effort to hold off overcrowding. >> releases of individuals subject to an immigration enforcement proceedings is not particular to this administration. >> this would not be on case-by-case basis? >> we implement our operations in conjunction with the department of justice and have confidence in the lawfulness of our action. >> alexandria: a federal judge out of florida added without vetting it was no different than the plan ruled unconstitutional back in march. texas national guard tactical

teams trying to block migrants from moving forward and left in their wake where migrants gathered, heaps of trash, images of crisis that democrats have averted their eyes from. >> what you don't see down here tonight, democrats. >> why is that? >> joe biden is not here, kamala harris is not here. >> you see along here, you can see shirts of people caught in the razor wire. that little girl can't be more than five or six, maybe four or five. i welcome democrats, come down here and look at faces of people they are destroying and tell me this is humane and compassionate. >> alexandria: cbp says border patrol apprehended at least 10,000 migrants per day the last three days. >> todd: a video journalist is live on the ground and todd is on the other side in matamoros,

mexico. both join us now. todd, we checked in yesterday before title 42 was set to expire. we are four hours into the expiration, describe what you are seeing right now. >> todd: right now, something unusual happened, the texas governor greg abbott injected himself into this situation by bringing in national guard tactical teams that have manned the strips of razor wire for hundreds of yards along the riverbank on their side and allowing nobody access to beyond the riverbank, forcing people back across the river or laterally along the razor wire and then just follow them along and texas department of public safety officers are providing

some muscularity in the sense they have nonlethal pepper bags they can fire, if need be. that is having a lot of impact on many migrants that were pouring over for days on end. i've been watching and videotaping them pouring over. now some pour over, but certainly not as many right now, we'll see how long that lasts. that is just in this sector in matamoros and brownsville. >> ashley: they are using pepper bags, are they getting physical with them. are migrants heeding what they are saying or is it getting physical? >> todd: it is not getting physical yet. officers are using power of persuasion and brawn. when theyy zoo a group get in the water, especially here at night, you can't see from here,

there are lights all over the place there. they light the water up and say go back, this is dangerous, come through a port of entry. your children are in danger. don't bring them into the water and that sort of thing. if they bring them to the bank, they say, we are not letting you through. nonlethal forms of resistance are just in case they are physically attacked or something like that. they are armed also, shoulders a are -- they have automatic weapons, semiautomatic weapons and there are police officers there, too. >> todd: before we go to nick, one more, todd. the people behind you, what are they telling you? are they under the impression, the border is open or do they know the nuance mayorkas is throwing out. title 42 is not in effect, but

title 8 is, do they get that nuance? >> todd: not really, this camp behind me, there are 5000, probably 8000 along the river, packed with tents and structures and most people in the camp have this option of waiting for cbp one. they can apply for a humanitarian permit. administration is urging them to apply for humanitarian permits. it is unclear whether the title 8 new system will result in deportations, that is what they're waiting for. if they don't see deportations, if they see people getting in, they are going to go and say so out loud. one thing i'll add, the processes that are laid out by

the biden administration allow you to say i'm afraid to be deported and allow you in. it exempts unaccompanied children or people that say they are gay or some other means they can't be returned, there are loopholes and exemptions. that is what they -- we need to wait to see how long they discover those exemptions. >> ashley: nick, you are on the u.s. side, we heard from todd in matamoros, mexico. so tell us if you have seen migrants get through, tell us what you are seeing. >> so ashley, i have seen several groups come through here. there is a large border patrol presence and larger national

guard presence here. the amount of humvees, i saw a convoy coming into one of the state parks. i'm on the mexico side of the wall technically. it ends here, you can essentially just walk around it. that is what we saw earlier. a group of migrants that was able to simply come through the rio grande, walk around this fence here and get into the u.s. they were swiftly taken away by border patrol, but border patrol has been here in full force. i've been here three days now and not seen as many agents as i have tonight camping by the river. they have night vision trucks sitting with cameras on top scanning the horizon. they are ready for anything. >> ashley: nick, i want to jump in for a second. you said border patrol is taking them away. where are they taking them?

>> good question, ashley. there is a state park they turned into a processing center. this is a state park i've been able to get into for the last couple days, today i can't get close enough to even see it. they set up tentses. they brought in more buses than i can count. that is what they're doing over there. basically anybody that comes in near mission, texas, they are bussing them straight over there. they will process them and ship them back out to god knows where in the country. >> todd: your title is video journalist and we've gone to you before to describe what you are seeing. from a 30,000-foot view, how does this moment seem different from your previous times at the border? >> it's the amount, the show of force, to be honest with you, especially from state patrol.

you have the department of public safety from texas that greg abbott sent down and national gruard deployed here. you have troops that joe biden sent down very, very late. the amount of officials you see here, law enforcement is totally different than anything i've seen down here before. that doesn't have to do with any sort of biden policy, it is the state of texas having to takac action that they shouldn't be responsible for. >> todd: i totally understand that and kudos to the state of texas for enforcing their state sovereignty. in the end, is that show of force ultimately going to lead to fewer people invading our country, for lack of a better word, it is an invasion. >> you are right, it absolutely is an invasion.

todd, what i'm worried about, once that show of force goes away, the flood gates open back up. they will not stay here forever. they relocated dps troopers from all parts of texas and they can't stay here forever, they have to leave. these people on the other side of the border know that. >> ashley: in seeing that razor wire, barbed wire against that bank there, surely that would be a deterrent for people. if you have open borders and see that, that should be a deterrents, but who knows, these people are desperate. >> todd: none of this seems like an ultimate deterrent. if they want to get across, nothing will deter them. nick and todd, please stay safe. >> i could climb this fence right here easily, just letting you know, it is crazy.

>> todd: thank you, stay safe. >> ashley: another fox news alert, former marine daniel penny is set to turn himself into the manhattan district attorney today and face charges for the choke-hold death of jordan neely. >> todd: marianne has the latest. >> marianne: penny will be arrested for second-degree manslaughter. penny's attorney says it was self-defense. when mr. penny stepped in to protect himself and his fellow new yorker, his life was not assured, he risk his life. the unintended result was the death of mr. jordan neely. once all this is brought to bear, they are hopeful mr. penny will be -- attorneys for jordan

neely's family say daniel penny's press release is not regret, it is character assassination and clear example of why he believes he was entitled to take jordan's life. this shows why he needs to be in prison. new york city mayor adams urges calm as the situation unfolds. >> it is important not to interfere as mayor of the city in those parts that the police department has yet to take their action and the da will make the determination on how to handle this case and i respect that, i respect da bragg's job and what he has to do. >> marianne: fox contributor leo terrell calling the impending arrest racially motivated. >> leo: this is a racially charged prosecution. the defendant is black and the

marine is white. the individuals who assisted this marine were people of color, this is going nowhere, motivation is based on race. >> marianne: penny could receive 3-1/2 to 15 years in prison. >> todd: just doesn't seem right. e-mails from hunter biden laptop show attorneys were aware of payments from a romanian deal. his ex-wife's attorney says hunter biden confirmed deposit of $120,000. hunter replied that hunter believes the romania payment may come in before end of january, this is day after james comer accused biden family of

receiving $1 million from a romanian national who was convicted of corruption. >> ashley: elon musk announce he will hand over his ceo position at twitter to someone else. according to "wall street journal," musk is looking to pass to nbc universal's linda yakarano. musk will be executive chair and cto. >> todd: dolly parton and garth brooks hosting the academy of country music award. opening with a live goat on stage to symbolize greatest of all time. got it? one of the greatest, dolly rocked the stage of "world of on fire" to promote her first

rock-and-roll album. >> tell me what is true. have we all latest sight, of common decency of wrong and right. >> todd: i'm happy that the goat and the fire weren't on at the same time, otherwise you would have fire. laney wilson, best female artist, album and media for her song "bell bottom country" and she gave this advice from theat bum's mission statement. >> with more love and less hating, be who you want to be because everybody else is taken. >> todd: i like that, be who you be because everyone else issen ta. chris stapleton giving a special shout out to his kids after winning entertainer of the year. >> i want to say, my kids sitting at home, they give up a lot of my time and my wife's time so we can go do this and this is for them.

>> todd: despite his time on the injured list, morgan wallen honored as male artist of the year. he was not on hand following a vocal cord injury. >> ashley: apparently he cannot talk at all, like not even talking to yourself. i don't know if i could do it. i know you couldn't. >> todd: gift to the producers and nation. we told you about the los angeles father who fought off a burglar threatening his family. >> i told him, i'm going to kill you. in that moment, who knows, i'm a very peaceful guy. something took me over because my family was threatened. >> todd: i get it, man, he joins us to walk us through what is upon haing. >> ashley: and tom brady heading back to the patriots, sort of. >> todd: what? what? >> ashley: we'll explain, don't go anywhere.

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>> todd: officials revealing suspected drunk driver accused of killing a newlywed bride and injuring the groom got behind the wheel with blood alcohol level three times the legal limit. she admitted to cops she had two

drinks an hour before. she said from 1-10, she was an 8 and said she did nothing wrong. the couple were leaving a wedding in a golf court and she mowed them down going 40 miles per hour. she is charged with one count of reckless homicide and three counts of felony dui. and california da says no charges filed after a man was brutally attacked in the parking lot of costco. craig blackburn was pulled out of his car and started beating on him. both individuals had numerous opportunities to deescalate the situation and otherwise remove themselves from the prospect of violence. blackburn said it stemmed from an argument over a parking lot.

>> ashley: shocking video showing a dad fighting off a burglar accused of stealing work equipment from his home. he says the man returned hours later and the homeowner confront the him. >> my backdoor is open and my little girls are in there. i told him, i'm going to kill you. in that moment, who knows, i'm a very peaceful guy, something took me over, my family was threatened. >> ashley: that father, daniel, is a podcaster and business owner in los angeles, he joins us now. thank you for getting up with us. i believe the podcast studio you have is what you are in front of, correct? >> yes, this is the podcast bus and as soon as we are back up and running, i produce podcasts for people and have a studio that comes to you. i was robbed.

i appreciate you having me on the show. >> ashley: take us back to that moment, you have seen this guy on surveillance camera and he came back to pretty much clean up his mess and of coer his tracks. take us to the moment you decided to confront him. what was going through your head? >> i walked outside to assess the damage and see how much he had stolen. it was two hours later. i just watched the footage. i looked up and there was the guy wipes his fingerprintses off the bus. i wasn't sure what this guy was doing. he was back in my yard and my backdoor was open and i needed to protect my wife and family and i went after him. >> ashley: were you scared or was it knee-jerk reaction and adrenalin took over? >> the second one. adrenalin took over.

something inside of me awakened and i said this is a kill or be killed situation. i don't know if he has a weapon or what. he has broken in, already robbed me, he could be a psychopath. i realized i have to take this man down and protect my family. >> ashley: any idea where he came from or who he is? >> i have been watching surveillance. my life is a hitchcock film now. i've been watching surveillance video of everybody walking by. i do have a suspect who walks the same way, same height and frame and i said that to police. my nickname as a kid was detective dan. i had a white rabbit charlie and my neighbor stole him and everyone said to forget about him, he is gone. i tracked down the clues and i called police.

i have a detective mind and i think i know who the guy is. >> ashley: when you say think you know who the guy is, does that mean police have not caught him? >> they have not caught him. i sent them the video of the guy, i'm pretty sure i found a visual on this person. >> ashley: was there ever a time that you thought this could happen to you in your home? >> never. i never would think that. i have been so upset with what happened with california, california i feel like i'm in an abusive relationship. i love california, but it's become abusive. there is nowhere more beautiful and i'm part of a wonderful jewish community, comedy community here and i hate to see what has happened to my beautiful los angeles. it's become like a cruel trick they played on the citizens to see how can you raise a family while having encampments filled

with criminals shooting up with heroin. >> ashley: no way, shape or form am i saying this person was part of the homeless encampment, but there is a homeless encampment not far from your home. i'm sure that is on your mind, adding fuel to the fire. you have this on your mind and that, too. daniel lobell, please -- >> please have people check out my gofund me, to help me get back on my feet. >> ashley: daniel, thanks. the story on the end of title 42 and brand-new video of the war zone along our southern border. boots on the ground are bracing for a surge like we have never seen before and it will impact every state in the country. we'll bring the latest on rapidly developing situation. >> todd: and ron desantis banning indoctrination in florida schools, including

textbooks that make claims that socialism is nice and easy and promotes equality. two florida parents are here to react.

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>> todd: a fox news alert. we are four hours into a post-title 42 america and new video shows the texas national guard working to hold the line against a stream of desperate migrants. agents encountering 10,000 everyday to lineup in california, texas and arizona. some migrants clutching infant children despite warning from the national guard it is not safe to come. >> ashley: a federal judge in florida strikes down a plan writing that without removal proceedings or vetting, it was no different than a plan ruled unconstitutional back in march.

and a win for florida governor ron desantis in his ongoing war with disney. a long-time ally is appointed to lead the board commissioned by the governor to offersee the newly created district that compasses disney world. glen gillden will have the power to shut down rides at magic kingdom and epcot and fine them if the codes are violated. disney had their own inspectors, but no more. they are looking to hire enforcement officers and going forward gillden will be the point person for the battle with disney. >> todd: the saga continues. the governor in florida standing up for educators, passing five new bills into law, aiming to protect teacher paychecks, increase teacher salary, create a teacher bill of rights, reform school board election and remove

social media from classrooms, among other things. laur on zork is director of building education for children and kesha king,un foer of the mass exodus movement. both join me now. kesha, stated goal is recruitment of teachers from out of state. if i hear this, i'm packing my bags, aren't i? >> yes, you definitely are and we've seen the governor draw in many people from across the nation to come to florida because of his leadership and he continues to do that. i'm sure we will continue to see many people come in and enjoy the free state of florida. >> todd: recruitment is the stated goal, this is part of the governor's plan of restoring some level of sanity to education in our country. he's obviously able to focus on

florida. his office pointing out indoctrination with a ridiculous excerpts, i should say. here is an example. keeps things nice and even without unnecessary waste, society may promote greatser equality among people while providing fully functioning government, supervised economy, that from a book praising socialism. another example showing a textbook stunning claim about communism. as far as true communist economy, there are none in the world today and never been any in the past. good for florida, but the reality, this junk is slipping into classrooms across the country. how concerning is that for parents throughout our nation and our nation on the whole? >> good morning, todd. i'm going to tell you, i work withern pas across the nation and this is concerning and we are up against textbook

publishering and i'm so happy that governor desantis and the team in florida has passed this because where there is a will, there is a way and textbook companies are trying to slide in indoctrination in textbooks. i appreciate the bill governor desantis signed. >> todd: what else i like about this, this puts teacher unions in a bit of a pickle. the teacher union stated goal is to get as much money as possible for their members. desantis is giving them heck of a raise, teacher unions should love this. what this move by desantis does, hurts teacher union and their goal of indoctrinating the nation's future leaders. how do they respond to this? >> one thing we need to take seriously is the fact these indoctrinations that are influenced by teachers unions, like laura said, through the

textbooks and woke teachers. this happened to my own daughter. she was in history class and student asked what is communism and the teacher said, it is just sharing land. the laws that the governor put in place, need to be taken seriously and inner pas need to look into what their children are learning and as far as teachers unions, they have a lot of power. the governor is using executive power to push back and shut them down. >> todd: fascinating that you said that, think back 30 and 40 years ago in the '80'ses. the words, socialism, really communism, was viewed by everybody as the enemy and the fact that your child basically had somebody come to them and say, it is just the sharing of land shows how far downhill we have gone with indoctrination in our schools.

laura, there is another part of this, teachers do not have their hands tied behind their back trying to keep their classroom orderly. >> as a former school board member in florida, i will tell you that discipline has become a problem, especially after the obama administration because they have put in so many strings attached to the federal funding on discipline. i, as a parent, with two seniors this year, i tell you this social media in the classroom has become problematic and i think that this bill is spot on and giving our teachers power to turn off social media, that is good parenting right there. what we're seeing in florida, we're getting back to the basics. when parents sunday their kids to school, we want them to go and be educated, not

indoctrinated. we do not want them responding time on social media. >> todd: common sense, learn subjectses to move to the next level. communism is bad if you want to be an american. let's not have sanctioned cock fights in schools and do not let children beat the you know what out of each other. thank you so much. keep up the fight. >> ashley: target is facing backlash after promoting transgender slogans on clothing for kids. there is apparel for toddlers that say trans people will always exist. gays against groomers are calling the move highly inappropriate and disturbing. it is group tweeted target deserves the bud light treatment, we will work to put pressure on them. president biden is demanding

power plants cut pollution by 90% or shut down and democrats even think the plan is outrageous. an energy expert will be here. >> todd: let's live by candlelight. and tom brady heading back to the patriots? what? sort of. we'll explain. don't go anywhere. ♪ ♪ ♪ ♪ get 2.9% apr for 36 months plus $1,500 purchase allowance on an xt5 and xt6 when you finance through cadillac financial. ♪

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>> ashley: debt ceiling talks derailed once again. kevin mccarthy and leaders will meet with president biden next week after the plans for today were cancelled. both sides are at odds on how to approach raising the debt limit? >> how does the president handle this? he ignores it and hopes it will go away. mr. president, my message is simple, do not miss another deadline like you just missed on title 42. our country cannot afford it. >> ashley: current debt ceiling is 31.4 trillion. republicans are seeking spending cuts in effort to reign in out of control spending, which could

help curb inflation. treasury says the u.s. will likely hit its debt ceiling in june if congress does not act. >> ashley: carbon emission on gas and goal. joe manchin says it is move to regulate coal and gas-fuelled plants out of existence. >> todd: would impact all fossil-fuelled power plants in the united states, which generate 60's % of electricity, without a plan to replace the lost load generation. spokesman for power the future joins us now. larry, is 90% reduction even possible without crippling the grid? >> no, it is not possible without crippling the grid, not possible without skyrocketing bills on american's struggling families. we are struggling because of joe

biden and he's going to push through this executive mandate like he has coming after nearly every appliance in our house because he knows this will not make it through congress. >> ashley: it is outrageous, even democrats and joe manchin is saying it is outrageous. does the epa have a plan for what they will do when they take 60% of electricity away. like todd said, we going to sit on the floor with candles lit? >> i don't believe they do. they will try to mandate there is no such thing as night. they know the proposed solution, will not help the united states. if this had to be subject to debate in congress, it wouldn't pass muster at all. why does joe biden keep doing these things with the stroke of a pen? you said it right. we have 60% of american

generation come from these type of fuels. joe biden wants to raise massive bills or have plants shut down within the next 17 years with no plan what will happen next. he won't be in office, it will not be an issue for him. >> todd: if so popular, why not go through congress, why act like a dictator? larry, i don't want to go through the chevron doctrine, at 4:51, nobody wants that. i thought the supreme court said agencies cannot act like this. doesn't this violate the law? >> you are absolutely right. less than a year ago, the supreme court ruled against the epa overreaching their authority and taking on powers that congress never gave them and joe biden decided we're going to ignore the supreme court ruling. you talk about title 42 and all these other things, it is interesting to uch wa the biden

administration pick and choose which laws they want to ignore to push their radical agenda. is joe biden doing this in the midst of reelection because he wants green and dollars for his campaign? >> ashley: so many other things like the border, like the crime crisis and the drug crisis, if they would put as much energy into those things as they have their climate agenda and nothing more, we would be a lot better off. tell us how this could affect national security. >> absolutely. you know, when we look at where we get our electricity, that is foundational to the way we run society. joe biden is pushing us toward unreliable sources, such as wind and solar and products that capture the sun and wind are made mostly in china. it has to be said. when he passes the inflation

reduction act, how much of that money is heading to china for companies in this country operating with questionable human rights and environmental records and sending balloons over our air space. we are undermining american energy. we've seen it with oil and now with electricity and americans aren't happy about it. >> todd: in preparation for this segment, like oj searching for the real killer, i could not find it, shocker of all shocker, main polluters will not monitor their pollution. if they get another four years. thank you. welcome back, brady. don't worry, jets fans, max, i'm looking at you over there. he's not unretiring, brady, he is returning to foxboro for the

game, his first time back in new england since play nothing 2021. brady announced retirement in february, saying this one is good. this would be first n.f.l. season without the champ since 1999. >> ashley: the goat. >> todd: the reason we are announcing this and robert kraft announced this, the n.f.l. schedule was released yesterday and giants play every game in prime time. i would not have time to recover when they lose, that means for you, the view er, i will be cranky after every giants game. >> ashley: so glad you get to experience this. >> todd: breaking news at the border we're covering closely, migrants camping out, waiting to enter the u.s. >> ashley: white house just

releasing their latest plan of action now that title 42 has exparished. we're live in el paso and mexico to show you what is happening on the ground right now. do not go anywhere. & & * *

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>> todd: an active scene unfolding at this hour as the texas national guard works to hold the line of desperate migrants pushing toward our country with title 42 no longer in effect. you're watching "fox and friends first," i'm todd piro. >> ashley: i'm ashley strohmier in for carley shimkus. men, women and children on the steep banks the rio grande river before facing the currents of the water below only to be met with this serious plea from officials on the other side. [indiscernible]