and they appreciate what you did for our country. >> i know. >> they want to make sure you are okay. >> i am okay. i am going to be okay. >> e-oh, i know. >> i am going to be okay everyone. i will be just fine, i promise you. we will get over this. >> kelly file special show down at the border. i am in for megyn kelly. president obama sat at the podium with a bombshell if congress doesn't dee live a immigration reform in the next seven or eight weeks he would act on his own. >> in terms of immigration i have consistently said it is my profound preference and interest to speak on comprehensive immigration reform bill. if they want to get a bill done whether it is done during the lame duck or next year i am eager to see what they have to

offer. what i am not going to do is just wait. >> the political issue has come to a head. the show down on immigration has been coming for years. in 1990 there were 3 million illegal immigrants living in the united states. today that number is estimated at more than 11 million. it has not been for lack of effort in this story. starting under president bush in 2005 they began expedited d deportation it continues under president obama but they continue to come in record numbers. they got the house and senate to pass immigration reform in 2007 but they couldn't come up with a bill and the anger grew. >> in los angeles it turned ugly hundreds including police officers and immigration marches and spread across the country. in 2012 border agent brian terry

was gunned down by cartel. the third border agent killed on duty in as many years. the murder would turn into a big scandal for the doj but inflamed people who were worried among them arizona lawmakers who passed a controversial law that allowed police to check on the immigration status during a stop or an arrest of an individual. the administration challenged that law and the resulting show down between arizona and governor jan brewer and president obama got personal. they ended up upholding parts of the law and striking down others. for his part he came to office promising immigration reform in the first year. ahead of the 2012 election he announced that would be known as the dream act. >> this brings us to today. this new threat of more

executive action. the president would not offer exact details but correspondent henry did digging and he filed this report. >> the bottom line, he said he wants to work with republicans not go around them at the news conference that happened after the election to deal with the power. he is getting pressure from the left democratic congressman gut reds had a news conference the day after the election blasting they sold out hispanics by not moving quicker. here's how the plan is coming together once the executive order it might effect 4 million of the 11 to 12 million i am legal immigrants here by expanding work permits allowing them to stay in the country. the criteria would be built around a number of things including how long you have been

in the country. one proposal is you have been in the country ten years illegally. another proposal it would expand it as well if you are married to a u.s. citizen. the other thing they are looking at and this is why it could swell to many millions of people is expanding the dreamer situation from 2012 where as you have got a work permit if you were the child of an illegal immigrant and you came in you would all of a sudden get a work permit and stay here. the white house says the real reason they are moving is not politics but because republicans like mitch mcconnell blocked comprehensive reforms. he talked a good game about working together saying this is a great chance to put up or shut up. nicks executive order theñ÷f("@% president issues could be over ridden if the house republicans passed leg slooifrgs ride that executive order republicans have consistently said, they want to see border security first instead of worrying about all of

these other issues. the timing of all of this republicans say is very interesting. they will move forward probably in mid december. that is right after the december 6th run off involving mary landrieu of louisiana. they don't want to give republicans fodder and have the order on the runoff. >> the estimated 10-11 million illegals living in the united states roughly 1 and a half million or 15 percent are believed to be residing in the state of texas. that's in part because texas represents roughly half of our 2,000 mile border of mexico when a big surge of illegal immigrants began arriving in spring texas apprehended people at a rate of 6500 people a week. so governor perry back then took action. he deployed a thousand national guard troops to help secure the border apprehensions were cut by almost two-thirds. that plan worked for him at the time. now the new governor has to brace for whatever fallout comes from the coming events in

washington. joining us now texas governor elect greg abbott the former attorney general of texas and a man well versed on this issue. congratulations. good to have you. >> thank you so much. >> this is going to be on your plate in a very big way as you take office as governor of texas. you saw the way that governor perry protects it the new surg as they consider action. >> for one we are concerneded there will be a new surge of border activity in part because of the potential action the president may take. as they showed earlier this year that is nothing that is new in the state of texas. we have had people crossing the border for years. we have been involved in the sporadic surge operations by the texas department of public

safety to stop the flow of cross border activity. necessitating texas open up its checkbook and pay for this. we are expecting the federal government to do is to is for the president not to open the blood gates of the border but two for the federal government po pay for the cross that texans incurred. >> he talked about not having a heart if we don't understand the flight of families that are going across the border children who were fought across the border under the age of 16 he had some sympathy over some situations do you share those sympathies. >> one of the things shown in this election even though my wife will be the first hispanic first lady in the state of texas we found the hispanic community of texas agrees with the republican position of securing the border because i got more

than 50 percent of the male hispanic vote about 44 percent of the overall hispanic vote. it resinates across the state of texas. we embrace and support legal immigration in this country. everyone wants to ensure that the broken immigration system caused by washington, d.c. gets fixed. >> there's a lot of talk on compromise. the president said he will take executive action before the end of the year most likely. he said quite clearly he will do whatever is in his legal power to see this issue through because he feels congress dropped a ball. what are you expecting? >> most importantly we are expecting the white house not to cross the line. there was a mandate that the american people are sick and tired of the president using executive orders to dictate a pathway inconsistent with america's values as the president crosses the line he is going to see an overwhelming

rejection of what he is trying to do. he better not over step his authority. if he does we will be involved with another lawsuit against him. but another you can expect a strong push back. >> it does look like the president will do some form of amnesty for some families through family members across the border already. what will you do in response. >> we will have another lawsuit and expect both the house and senate to push back strongly once the new senate is sworn in. they have a tremendous backlash across all americans about the dictatorial way that the president is going about in the united states of america. >> is there middle ground for

you? is there compromise with the president on this issue for you and what does it look like? >> the answer is absolutely yes. what texas believes in and what i think americans belief in is there is a step by step process we can achieve immigration reform. the first step is to secure the border as long as the immigration laws aren't enforced as long as the president they will not be here illegally they won't make a secure border they must start securing the border. >> close the border first and secure it from there. >> thank you so much. >> when residents in central and south america heard rumors last spring the united states would bringham nest tee to illegals tens of thousands of them started surging across the border. will it happen now that the debate is back? we will further investigate this. the president supported support

of latinos. the issue is about a lot more than politics here. up next new worries about what may happen if this constitutional crisis goes badly. >> it is accelerating and i am very alarmed by the implications of that aggregation of power. . [ alex ] transamerica helped provide a lifetime of retirement income. so i can focus on what matters most. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica.

step away! [ gunfire ] >> get those things out >> get them out. >> remember that that theme played out in may of 2007 and become known azar thurr park melee in los angeles. they were staging a massive mayday protest and things got very out of control. the lapd moved in. when it was done more than 250 people were injured including almost 2 dozen of the police officers the police chief followed up with apologies in the years before and since this immigration debate has been very charged with lots of emotions in this country. after the president this week said that he was now going to act on his own. a group of senators sent a letter that they were alarmed by that. they recognized quote over no conceivable project is the power

of congress more complete than its power of immigration. that sets us up for a big conversation. founder and president of solidarity strategies. let's start with chris. >> lettxp me start with you tak look at what the president and will do? how does it look? oo he made lavishes promises to the -- you heard the kind of numbers bandied about 4 million this, 5 million that. unfortunately for the president his lame duck status has intensified. now his department is thinking about hillary clinton they are thinking about getting back the senate and making the house competitive again. it would be very complicated for

them if they do that. he is cross pressuring them within his own party. democrats talking about inwithing the election in 2016. that's a tough spot. >> word is on some sides he sold out hispanics he made a lot of promises, there are democratic movers of congress and the question is how angry the president is and how much he is willing to smooth those issues over in an attempt to put that mind him. >> the timing about the nuclear strike will say a lot about what the president really wants to do. he will save face and fill the obligation and arguably he will do something smaller and he will do something sooner and say this is my good faith gesture now i am going to work with the republicans in congress to make something happen. if however he is looking for sort of to avenge the mid terms,

if he is looking to continue to try to break the republican party if he did for most of the first six years he will start the new congress, he will start the new senate with republican control with millions having been granted ctemporary amnesty and real outrage. >> chris, thank you very much. >> let's go over to chuck who joins us as well. >> as you look at this landscape, lots of political motivations on both sides and lots of illegal immigrants in this country. people wold like to be reconnected with their family and would like the kind of amnesty the president may be holding out for them. hope this is going to go their way. how do you see it shaking out? >> that's why he is my good friend is it's about politics it's about 2016 and looking forward. there is nothing going to come out of this republican house and senate that is good for latinos.

they are not going to pass an immigration bill. they will call it an immigration bill they were going to do that looking toward 2016 for the presidency and they need to do something it is no the in their favor. he has to do a little something because the latino community was very upset. the post election shows that there was a 5-7 point dip in support of the democrats. >> how do you know that, though, you say it was based around the president's broken promise. as good star well pointed out hispanics don't vote in a monday lis tick way. they have political interests and economic interests, concerned about isis and what's going on in the world. you make a broad generalization this is a top issue with the people when it should not be>>

we spoke to latinos asking them what was most important to them. they trumped be jos in the economy by 8 percent. i am talking about 4,000 latinos in 10 states where they had the election. >> what did they say they would like to see? there is all different sorts of -- many parts of the rainbow with this issue. border security is that an idea that you are open to to have border security before you start to open the gates of the discussions about further compromise on immigration? >> i run campaigns i was curious to know as well. i was born here my father was born here. my grandfather came here as an immigrant like lots of americans did. what they want to sees not talk about second rate citizens. there are lots of -- 62 percent of the people we talked to said they did. i think there's a right way to

talk about immigration and latinos and about demagogue. >> lots to be said about this and more to come. tens of thousands of illegals started to surge over the border it got the attention of the whole nation and overwhelmed the detention centers there. we saw the images children and paper blankets on the floors. when they started sending them to different states around the country things got ugly in some places as well. what will happen now? will this debate going on right now lead many to start to new surge to get in before it changes could there be a new show down at the border? we will investigate straight ahead. >> these guys, are they scouts for the oh >> these guys in the cars are they scouts to the cartel? >> yes, they are scouts. hi dad. she's a dietitian.

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. >> i believe we are now in a constitutional tipping point in our system. it is a dangerous point for our system to be in. your response has to begin before this president leaves office. >> that was law professor jonathan ture lee a self described liberal. he started warning congress last winter he was joining a constitutional crisis as he expands the power of the presidency through executive actions like the one he is threatening on immigration. the president's supporters dismissed that. it was a counter attack against obstructionist republican party arguing the president has the prosecutorial discretion to enforce lives which he hasn'tses in order to best use our

resources. joining me is contributing editor of the review. good to have you. >> good to be here. where is the constitution on this. he spoke clearly after the election he would do whatever he could within the law. >> he have enormous power under the law. as far as prosecutorial discretion he could have it wrong. it should be an unremarkable resource allocation doctrine that basically means you can't prosecute every single crime nor would he want to live in a society where it would happen p. you have to apply it to the most serious crime. they don't use prosecutorial discretion for that purpose. he used it in a policy related manner to countermand or contradict the laws congress enacts. he has a constitutional obligation to execute those laws

faithfully. it's not a proper use of prosecutorial discretion but it is also one that there is not really much congress can do about it short of impeachment. >> fascinating. because he has said that he has been blocked and blocked and blocked by the recalcitrant and his opinion house gop who we know put 300 bills on his desk that never got this process. >> i was going to say that's a complete perversion of what his job is, though. his job is to execute the laws that congress passes. it is not to stamp his feet and demand the jobs that he wants. he could do that and politically he could pressure them. the job is to execute the laws no the to make them. >> once he puts in an executive order what happens then? how long can that order stand and what does the constitution provide as far as that is concerned. >> executive orders are proper in their place.

the president is the head of the executive branch. if he gives a directive that simply orders subordinates to carry out authority in a specific way that's fine it can last forever. if he uses executive order as a preteches to do what the constitution doesn't allow him to do mainly enact legislation without calling it legislation that is completely improper and congress needs to take steps if it can to try to counter man that and he can use the power of the purse to do that and a variety of other things. >> he is a constitutional attorney who taught constitutional law. clearly he believes that he is on solid ground in all of this. we will see what happens when it comes to the show down over the decisions that he makes. andrew mccarthy. thank you so much. >> when jim brewer tried to crack down on the first state of arizona the president and the feds pushed back very hard

against what she was trying to input. there's a conversation about that moment. it game very tins and very personal. we are going to take a look at what to expect in states and average americans in the latest show downs coming over the border. >> today is a day when the xee opponents of our efforts to protect the citizens of arizona to take up the fight against illegal i am grapgs and a balanced and constitutional way has unanimously been vindicated by the highest court in the land.

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for the apex summit. meetings are on his schedule today. he plans a speech about u.s. asian ties. that's the banquet hosted by china's president. the two have private talks scheduled as well. wednesday he will be in meamar then off to australia for the g 20 summit. world attention to be focused on any meetings he might have with president put tin. 21 crew members are expected home within the hour ending their 6 month mission aboard the international space station. the spacecraft undocking from the space station a few hours ago. it will a chilly rather cold 23 degrees when they land in kazakhstan. i am kelly wright. now back to the kelly file special.

>> that was back in july. what a hot scene that was back then. hundreds of local residents stood in the streets and turned away bus loads of illegal immigrants that were headed to a border station in their town. the mayor urged the protest after they learned dhs planned to relocate those who overwhelmed detention centers in texas. tens of thousands ended up with warehouses in if as ifacilities these. reporters were not allowed in to document what was going on there. activists managed to sneak out this video, though. trace gallagher reports on where this stands today. >> the latest number of immigrants crossing the border illegally. last year 38,000 unaccompanied children illegally crossed the southern borders so far this year more than 68,000 venlt more than 13,000 families crossed

this year 68,000 plus and counting. the story has fallen out of the headlines because in recent months the flow has dramatically decreased. that is primarily for three reasons one summer heat the trip can take weeks and it is dangerous to cross deserts in triple dig get temperatures. rick perry left more enforcement on the border. think started cracking down on immigrants guatemala honduras and el salvador. the funding for u.s. and mexico increased security is temporary. jay johnson says the situation in central america remains the same. >> reduce poverty and violence is still there much of illegal migration is seasonable it peaks in the early summer. so we are determined to do more

for border security. they believe they will be allowed to stay and for the most part he is right. they have to go through the legal process it will take at least a year for the minors who show up to court. immigration courts will be backlogged more than they have been in 20-years. the documented minors who don't show up for court won't be ready ill will i tracked down. >> a number of people headed to the border should document including dennis michael lynch. >> the documentary they come to america. they look how easy it is to cross.

>> joining me is dennis michael lynch. do you believe we will see a new surge of immigrants coming across the border as a result of this struggle that is playing in washington? >> first of all the surge hasn't talked. they still come in they are coming in as you and i pespeak right now. amnesty is about to take off. they are petrified because they are already overwhelmed but with the new surge coming in they can't defend the border. we know they have terror coming through. if they aren't preoccupied with changing diapers, we are extremely exposed as a nation. >> the president has played down that. it is a one-time issue we saw last summer. it had a number of factors

played into it. you don't believe what they are saying it's an ongoing situation. we remember january brewer seeing for themselves. >> i have been saying this this is part of his had heing see, he knows it. he wants the surge to come. there's a thing i have been warning about which is called the perfect storm when the obamacare businessman date collides with an amnesty. the amnesty will come in december and businessman date will kick in in january the unbelievable blow to the american worker is going to be earth shattering. he knows the border is wide open. he tries to make it sound like it is one sliverer in texas. in ass -- arizona i know that border better than anybody else. the way to stop this problem

starts and ends with removing the incentive. you remove to the job market and you stop saying the word amnesty continue to flow in. >> the president had a tough week this election. it was not good for the administration no matter what signal they may be gleaming from this. the results are very clear, right? oo obamacare could be repealed in some way. you can't repeal 30-40 million people. you don't have 11 million in this country. if he gives them amnesty the only way to do that is if the next president is brave enough to over ride that amnesty. i don't hear anybody saying that. if we don't get the right president in place you are going

to turn around have 30 or 40 million people having paperwork so they can complete against american workers. that changes a country. you can't reverse that. you can't reverse people. >> dennis, thank you very much. good to have you with us tonight. >> joining me is michael wild former federal prosecutor and emergen new jersey with his thoughts on this. >> how are you? >> i am doing awell, thanks. your take is slightly different. >> this is the greatest experiment in democracy. president reagan had the audacity to call it nam nest tee. we have band-aids put on problems rather than tradieatin this properly. we have such a political system. haitians can be on foreign water -- we have a home land vulnerable. there's not an immigration lawyer or individual with a

pulse in this country that wants to have a porous border. we are a system a nation of laws. we have yet 11 plus million people unidentified inúp we don't have enough handcuffs airplanes beds to detain and inclination to remove this individual. many are giving moneys into our treasury buying orange juice and they are the greatest risk takers and entrepreneurs so people can get frightened by the guest you had on and frightened viewers of this thing. i am a second generation immigration lawyer. my dad got john lennon a green card and the juris prudence of the, the prosecutorial discretion the president will hey his hands on goes to the lennon case. we want john lennon in this country we bring the most stylest photographers here and they employ americans.

>> what we want is for people to come here legally to go through the process to come here legally not pour in over the borders threaten properties on the other side of the border. it is easy for you to say that from where you are sitting but you are not living in the border area where they are being threatened where they feel like nobody is listening to them. >> i felt as a mayor because the resources are saying it looks like americans are going to be marginalized. you have to look at it differently. these are workers doing work. >> what do you suggest? you want an expanded work program? >> no. >> that's what the president is calling for. >> no. i want a reform. we picked the problems here. we can't afford to have 10 million plus people without idea

fight who they are. we are the laughing stock of the world. canada australia they have point systems. >> there are many places in the world that don't let anybody into their borders. we are the laughing stock of the world because they don't have a border at all. >> we need to have a border. i agree with everybody that a border is too far. we want the bad guys down we want to have an orderly system to have the good guys in. we cannot squacare people. if i appreciate that national heritage you can look at immigration as a great tool. >> of course everybody came from somewhere else. everybody did except for the native americans as you point out. you are talking about legal verses illegal immigration. >> right now i agree with you we need to set up illegal system. what kind of legal system are we

going to put it in? the last time there was reform he did give amnesty and didn't punish employers to do immigration. we have a new normal right now. we have to pay it forward so we are not chasing this argument 30 years from now. we need to set up an orderly system. yes that means our leaders democrats and republicans who are given new trucks to make sure they govern properly and take new laws in the system. recognize we may have to give status to people here. it plays out in washington you are going to see it starts being in the 2016 presidential campaign discussion as well. president obama and the democrats were able to win the hearts of latinos in 2008 and again in 2012. is that trend holding? some interesting new data on that coming up next. stick around. we will be right back. new york state is jump-starting business with startup-ny.

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(chanting) >> that became the chant for millions of latino voters on the campaign trail in 2008 and again in 2012. hispanics represent 8-10 percent of the electorate. 16 percent of them went for the president's party in 2012 mid term and election. that he g they got a lot of latino support in the states. what does this mean as we look ahead to 2016 and this issue for democrats and republicans? it steve haze is a writer for the weekly standard and fox news

contribut contributor. >> how does this play out? tichcally hispanics voted with democrats but there were signs in the mid term election that may be changing. >> there certainly were. greg abbott did well with hispanics in texas as you point out in colorado. they were you canning about it in straight forward common sense calloways. they can appeal to the republican base skeptical of a broad base immigration reform that would include amnesty and they can appeal to hispanic voters by a sense of fairness. >> the republican party more conservative side who want to say no who say any one who takes this as an indication that americans are okay with amnesty will pay for it come 2016.

>> i think there are a number of different ways to address that. the first thing they have to do is not be afraid to talk about the issue. you have republicans controlling the sen in a gnat and house republicans. if rye pub cans came in and said we want to offer a series of sec when smal votes up and down no amendments on five issues internal enforcement measures for a second enforcement technology for a third ex banded legal immigration for a fourth and then a 5th vote that would be conditional or the first force say two years down the road that would give a path to legal status we will argue what exactly that means if the first enforcement measures are satisfied. that's the way they could handle it. it would put the pressure on the democrats and the president it would divide that party instead.

>> this is an issue where the parties are used against each other. is there a reason to believe they won't do that together another are they willing to cross this off the list and find common ground? >> i don't think so. president obama with his continued threat for executive action i think he thinks this is a clever way to put the onus back on the republican. it is back firing to be honest. if you look at this with the respect of republican you can make substantive argument of what the president is doing. >> he doesn't have the authority to do this. both are likely to be appealing not just to republican base voters but to a broad swath of the electorate who sees these things comes to haissues with a common sense approach.

>> thank you very much. good to talk to you. >> we have heard from the president from republicans from those for and those against. what about average americans? we will show you some of that and how they are doing it coming up next. take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side. there are more reasons than ever why now is the best time to be on verizon. one: verizon's the largest, most reliable 4g lte network in the country. that's right america. with xlte in over 400 markets. two: and here's something for families to get excited about. our best pricing ever! get 2 lines with an incredible 10gb of data

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so while politicians battle it out over immigration reform in washington, they >> while they battle it out they might do well looking at what americans are doing along the border themselves. the minute men started patrolling the southern border in what they call the citizen watch. they didn't last. the recent surge had new activity by militia groups say they are there to help the border patrol. trace gal ber with more on this.

>> the same men who helped organize a year ago have armed volunteers to help control the poorest areas between san diego and brownsville, texas. jim gilchrist called it operation normandy. instead of invading is to it stop the wave of illegal immigrants. unlike u.s. forces in normandy grans this effort will not be the only surprise. it is being well publicized and is set to begin may first of next year. they will be setting up camps and training so they wouldn't allow themselves to be videotaped. they will be armed. the plan is for them to be nonaggressive to simply support federal agents who are already patrolling the border. while federal authorities say they appreciate the efforts of this new militia they don't not endorse the groups saying customs and border protection does not impress any group or

organization we from taking mat their own hands as it may have personal safety consequences. it bills itself as a law firm stakes a stand against the militia calling them a hate group and condemning their plan. someone has to step up and do what the government refused to do. our federal state and community government has failed to address and fix this calamity. it is time to bring acareness to the decade long illegal alien crisis. nearly 130,000 unaccompanied minors and families have crossed our southern border illegal lie. >> we will be right back. [coughing]

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facebook.com/kelly files. use #kelly file on twitter. have a good night. . have a good am julie bandaras watching, mike huckabee starts right now. >> republicans have control of the senate. and so what issues should they tackle first. >> repeal obama care and immigration reform or key stone pipeline. and the electorial map and a sea of red. are southern democrats becoming extinct. and a high school senior stands up for her rights under good. all that and more on huckabee. and welcome to huckabee, from new yor