decided to begin sad voyeur indicating for herself and others like her and today she is a college student working on her third degree. are we a nation that kicks out a striving, hopeful immigrant like astra or are thee a nation that finds a way to welcome her in? scripture tells us that we shall not oppress a stranger for we know the heart of a stranger. we were strangers once, too. my fellow americans, we are and always will be a nation of immigrants. we were strangers once, too. and whether our forebear errors were strangers who crossed the atlantic or the pacific or the rio grande, we are here only because this country welcomed them in and taught them that to be an american is about something more than what we

look like or what our last names are or how we worship. what makes us americans is our shared commitment to an ideal that all of us are created equal and that all of us have a chance to make of our lives what we will. that's the country our parents and grandparents and generations before them build for us. that's the tradition we must uphold. these the legacy that we must leave for those to come. thank you, god bless you, and god bless this country we love: >> president obama speaking for about 15 minutes. joining us now from washington with reaction charles krauthammer. >> so, putting the constitutional deal aside for now, what is the damage to the country the president

signing that order tomorrow? >> i think on policy, it is very clear that he is making an announcement to all of the people around the world wight to enter the u.s. legally that they are churches and that if you want to get in this country, you want to stay in this country, the way to do it is to come across here illegally and ultimately you will be legalized. i find the president's audacity here rather remarkable. he tells us at the end in that little or ation i have to say why i feel so strongly about this issue. so strongly, in fact, that he invokes scripture to support his executive order. if he felt so strongly about the issue, why did he delay announcing this until after he got the past the election, because he knew that had he announced it earlier and after all, it's supposed to be so urgent it would have damaged the democrats' chances in the

election. why did he not do this before the 2012 election? because he didn't want to jeopardize his own re-election. but most important, if he feels so strongly about this and scripture dictates that this ought to be be done, why did he do nothing about this in 2009 and 2010 when he had control of the white house, the house, and the senate and he could well to have done this constitutionally by passing legislation. he wants the issue and he wants to use it and that's what he has got about. >> anyone listening to you tonight, and what you just said, will then take away that the president is a complete phony, that he is doing this for venal reasons, not compassionate reasons, and that if you put that together, he is a bad person is that what you mean to say?

what i'm saying is he a very skilled politician who has used the skill six years the way many politician does, but it becomes somewhat offensive when he pretends it's for for such high principle. the facts i brought up are the ones that show. >> when he had the opportunity to do this it he didn't do it. >> all of that is factual. you don't think he is a principled man though, you think he is doing this for political reasons? >> look, whatever the motives are, the fact is that you can have huron debates about the substance of a policy. i have been writing for 10 years that i would support legalization of 11 million illegal immigrants for some the reasons that the president had had spoken of because we are a a generous, a great nation and we don't want to see people living in the shadows. but only only if a country should be assured that this

will be the last cohort. the last is 11 million who will come in illegally and if that's the case, i think there will be a consensus in the country, shut the border, reduce the river of illegal immigration to a trickle and the country will rally around legalization. not if they think that this is, as this executive order actually is, an invitation for anybody who come across the border and to know that ultimately they will be legalized the president seems to have convinced himself that the border is secure. citing the statistics on the depoor deportations amount of people crossing they are as low as they have been in 40 years. on and on and on. he has convinced himself hey we don't have a problem down there. and you say? he convinces himself of a lot of things. these this is a lot of them.

deportation numbers are completely distorted. up until obama, the deportations that were counted were those from within the country. they changed the recording system, and anybody who today comes across and is returned immediately, who in the past was not counted is now counted among the departed so the numbers are inflated. and we all know why there is a decline in the river of illegal immigration over the last several years. it was because of the recession. >> the jobs weren't available. >> and we all know that as the economy recovers, we're going to have the crises that we had this summer over and over again. and not just with children, but they will be a lot of people who will come across thinking as the president said they are going to be out of the shadow. >> word is going to get out. charles, thank you as always. on the rundown ed henry will

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now, here's some news you may find even more surprising. we're comcast. the only isp legally bound by full net neutrality rules. continuing now with the coverage of the speech white house correspondent ed henry. so, the president seems to be depending on the american public to rally around the compassion issue. the compassion issue. >> right. >> is he one of the most secular presidents, perhaps the most secular president we have ever had, yet, he invokes scripture in the speech. how did you hear that? >> i heard that as political salesmanship, frankly. he can't lead with the idea of amnesty. you look at the polls that's a disaster. how are you going to win over people across the aisle. you talk about scripture and talk about mom and apple pie and the american flag and, you know, immigrant are

entrepreneurs and they are our neighbors and this worship with us in the next pew at church and you also talk about border security that's all republicans on capitol hill want to focus on when we know that's a much smaller part, really of what the president is focusing on. is he focusing on keeping illegal immigrants in this country a legal status keep them out of the shadows. you heard the whole argument. he snows the other side wants to focus on border security. some of this is rather obvious. you reach out. you hit some of the points you don't normally focus on and try to keep more people. in there is a very skeptical audience basically. one major point here is when he says it only makes sense on border security to get border patrol agents not going after lesser criminals but go after terrorists and gang members. why did it take executive action for the department of homeland security to figure it out? shouldn't day one administration shouldn't they have been focused on getting terrorists out? >> that was one of those points just ignore because the department of homeland security and the fbi and

everybody else is trying to prevent terrorism. we all know that but, his speech, krauthammer believes that he isn't really all that sincere. even though at the end when i said is he a bad man charles backed away from that he is using this issue to catapult himself back into credibility zone that he is the compassionate man since he got thumped. do you see it that way? >> sure. >> do you think he is that cynical that he is using this issue for political reasons? >> it might not be. i don't want to say cynical. i'm a reporter. i will let charles give his opinion. what i can say where i agree with charles, the president is trying to stay relevant, bill. is he a lame duck now. he took it on the chin in the midterm elections. came out to us in the news conference a day after and tried to say i won, my policies were validated when most of the country realizes, even democrats have acknowledged the opposite happened. here is where i disagree with charles. >> what charles is saying though it isn't a central

compassion issue. it's a me issue. all right. let's let the people make up its own -- all right. you want something to say about that? >> sure. the last point i say on that where i disagree with charles is, yes, the president had two years at the beginning to do something. he didn't do it. the republicans have had the house you used the word skeptical. all right, and i agree. i think that many, many americans are going to be skeptical about the president's speech tonight. is the white house press corps going to be skeptical or will the ideology against surface, a lot of liberal people want illegal aliens to get legitimacy. do you believe your cohorts are going to be skeptical? >> i don't see a lot of that day in, day out, frankly. i think that when the president points a finger at republicans and says, look, if you don't do this you, congress, might end up shutting down the government geble. is he clearly trying to

craft a political argument here that we'll see whether the press corps falls in line with that or challenges that narrative. because the president has a role here. if he provokes republicans. he is playing some rule in potentially shutting the government down as well have a rational debate here. did tonight help make it more rational, mr. president, by taking this unilateral action? i think that's a fair question that we'll be pressing him and josh earnst on in the days ahead. >> that's an excellent point. rational debate i'm going to do it anyway so blank you. all right, ed henry, everybody, thank you. plenty more ahead as the factor moves along this evening. will president obama get points for being humane? we will examine that question. then laura ingraham on the legal implication of the president's actions. we hope you stay tuned to those reports.

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personal story segment tonight. you may remember the story of jose vargas illegal from the philippines came out using false documents to get educated and work as a journalist. team won pulitzer prize while working for cnn while not in the u.s.a. legally. mr. vargas joins us from washington. when you were 12 years old your mother sent you here to the u.s.a. to live with your

grandmother, correct? >> my grandparents, yes. who were both legalized naturalized american citizens. >> and you never went back? >> i haven't left since i was 12. so when the president's executive order, i now get a work permit hopefully a driver's license and i actually called my mother a few minutes ago i think i'm going to get a chance to see her because of this order. >> you can go back to the philippines to see her. >> and go back and be allowed to come back. >> you are one of the people who is directly affected by the president's amnesty order because that's what it is. i mean, i'm not using that word in the pejorative by the way. >> i know you are not. i think when people hear amnesty they think permanent. this is temporary. >> he would the no spin zone here. it is permanent. jose, i are in a a country to stay now, for better or for worse, you are here. unless you want out. you are here. you are not going to be deported and sent away.

but, in your own mind, as a man who is educated, who is a journalist who sos the world in a fairly sophisticated way. surely you understand how millions of americans say, you know what? bad behavior is being rewarded. not for everybody. it wasn't your fault you were sent here at the age of age 12. you didn't do anything wrong. you were plumped down here. you seized the opportunity. there are people who came here in devious ways who did things they shouldn't have done. who didn't contribute to our society. yet, they are in the same plankt. how do you justify that. >> i justify that by the way i don't know if people know this, but more than half of undocumented people e here in this country have been here for longer than 10 years. 10 years or longer. this has been our home. this is where we go to school. this is where we work. this is where we go to church. this is what we call to own communities. i think i have to tell it you by the way, bill, i have been listening to what's happening.

it's really hard because, you know, this is going to get overly politicized. what has happened here is really historic for communities all across this country right? who finally get recognized to be here who aren't here who want to contribute to something they call their home. >> here is the deal on it jose. it is a compassionate move. >> yes. >> but it may not be a just move. because you and the other people here illegally don't deserve to be here. that's harsh, it's harsh, okay? >> i don't deserve. >> you don't have an entitlement to be here. not through any fault of your own but you don't. >> sir is, i don't feel entitled to be here. i don't feel i don't ask for any sort of entitlement. all i know is this is where i grew up, this is high home, my family is here. >> your circumstance is absolutely different. i think you could have gotten a waiver for your circumstance. >> but that's not -- >> -- i think you could have

gotten it. we are all in the same boat i have to tell you by the way the president didn't cover all 11 million of us. there are are many people who are getting out. >> about half you would see that it's a complicated issue with a lot of emotions. >> incredibly complicated. here is my question though. what does congress want to do with us? what does congress want to do with us? >> this whole thing would be moot if president obama had given it another seven or eight months, i believe the new congress would have passed a law that would have given you legal status to remain in the country. but he chose to do it by himself which now opens up the constitutional door. either way jose, you're here. >> i'm here. >> and you are now legal. >> this is my home. i'm not leaving. thank you for having me. >> no. i hope you can see your mother. i really hope you can see your mom. >> thank you. >> when we come right back, some law enforcement folks

very upset by the president's executive order. we will tell it you why. then ms. laura ingraham on whether or not the supreme court will get involved. moments away. you used to sleep like a champ.

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enforcement view the president's executive order on immigration. you may remember a couple weeks ago two police officers murdered by illegal alien criminal who have been deported to mexico a number of times but came back and was not in prison. earlier this week the sheriff of sacramento county posted a video where he spoke directly to barack obama. >> mr. president, my name is scott jones and i'm the sheriff of sacramento county, california. two weeks ago today, i i had the unfortunate distinction of burying one of my deputies. his name was danny oliver and he was shot a single time in the head during a casual encounter with a suspect. why am i telling you this? because this person is in this country illegally from mexico. he has a significant criminal history and on at least four prior occasions he has removed from this country each time having no consequences for his actions. only you are singularly responsible for the hands off policy that exists in homeland security and subsidiaries including customs and border protection. >> tonight the president promised to beef up border

protections, crack down on criminal aliens but some don't believe him. i am one of them because why didn't he do it before? with us now ashley jackson form everywhere political affairs officer at the u.n. and andrea tan tar was of outnumbered seen on fnc at noon. i don't want to be disrespectful to the president of the united states. i hope everybody understands that, that's not my role as a commentator but president obama and you, andrea and you ashley and, of course, me have known for decades that this immigration border situation was broken. he didn't do anything about it. this guy in mexico kept coming back and back and back and back when it's a felony to do that nobody prosecuted him there was no executive order to the justice department to prosecute him. the president did butkus on it, nothing. when he says it tonight i'm a little, you know, not buying that too much. and you say? yonch you are alone. we have seen today and

"u.s.a. today" purported earlier this year when the department of homeland security testified before capitol hill saying that monopoly violent criminals. 36 of them in 2003 not true not true, bill. they were homicide. rapist, child trafficking. >> where do those stats come from they were the bad guys. >> "u.s.a. today." they called out ice and the department of homeland security for lying to the american people. that's one reason i don't believe them. they released violent criminals before. and, bill, they told us everyone saw that footage of the kids pouring over the border. >> the president made the point tonight, ashley. >> that crossings are as low as they have been in 40 years or whatever. the fact remains that this criminal, all right, got in here four times across that southern border. he was caught three times.

felony ant didn't come back. the president for six years signed no executive order to deal with guys like that. how can we believe him tonight? >> yeah, isn't it better late than never? what the president might say is that congress has failed to act. this is a temporary, almost emergency measure. it's addressing. >> why is it an emergency measure? why? >> he could do that executive order without doing the legitimacy of the other -- you know, i'm just arguing right now that it looks like he is a phony. >> whether is he is a phony or not is not the question. are these the right measures. i think at least bringing -- putting pressure on congress, bringing attention to the fact that, you know, we don't want to tear families apart. tearing apart the country waited six or seven months and then the new congress said we're not going to do anything he would be public opinion wise much stronger. you don't like president

obama. i mean, you are not a fan of his. and i understand that. but i have got to feel for jose. he is 12. sent here. stayed here and educated now he is can see his mom and his whole life falls in. so we have to take that into consideration. >> i get it i grew up in the restaurant business. how do you think my parents operated restaurants, right? immigrants, my father came here from greece. >> he came here legally though. >> yes. but he didn't take a nickel from the government. and he wasn't a criminal when you hear the president saying we are going to operate properly. we are going to give background checks they have already lied to us about that. >> mislead is a better word. >> when you say he put pressure on congress, no he didn't. when you say he is tearing apart the country, he is tearing apart the constitution. >> one last question for you, ashley, when you have the president of the united states who goes out there and he makes an emotional argument that's what he did.

emotional argument. then you say to yourself, look, it's more harm than good because half the country is going to say yeah, okay, maybe 45 and 55 are going to say you don't have the right to do that the congress has the right. you didn't are tear the fabric of the country. that's more harm than good. last word. >> i wouldn't say that desperately need action on immigration. this is a debate we need to be having. congress needs to take legislative action. now is the time. it can supersede. >> he could have waited, he should have waited, believe me, this is going to ignite a firestorm, ladies, thank you. laura ingraham on deck. will the supreme court do anything without president obama's controversial law making play? laura is next. [ male announcer ] are your joints ready for action? osteo bi-flex® with joint shield™ nurtures and helps defend your joints° so you can keep doing what you love. what'd you guys do today? the usual! the usual! [ male announcer ] osteo bi-flex,

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back of the book segment tonight, challenging the president's authority, only the federal courts can do that now after his executive announcement tonight. an attorney who clerked for supreme court justice clarence thomas. last night governor abbot of texas said that state file a lawsuit next week against president's executive order saying it's unconstitutional. he expects other states to join. in what will happen then? >> well, bill, first of all, i'm not quite sure what claims governor abbot will have in this lawsuit. i mean, there is a question of standing. i don't want to get too into the legalese here, you have to show that you and your state, how far it was personally hurt, what your cause of action is. in my mind, the best cause of action that can be be had here is one filed by a member of congress and the basis of that lawsuit would be a separation of powers claim. namely that the president

usurped legislative authority. clearly it was not the intent of congress to move to both temporarily legalize the people who are here illegally and even go beyond that to institute this new policy of new foreign workers allowed to come in, you know, the new students who will be able to stay and so forth. that goes way beyond the traditional prosecutorial discretion that we have seen with presidents in the past. >> the present law it expands it. >> it's legislative. contrary to what your previous guest said, this is not just a compassion play that is in line with what congress had already indicated by congressional action. the president got she lacked in the elections in part because people are kind of fed up and the thing that's not being mentioned tonight at all in all of this is how this is ultimately going to effect american workers. and they are being hit -- there is a lot of real sob stories about how they are separated from families and how they are working two or

three jobs. i mean, so that's not mentioned at all in all of this. but that's separate from this legal case, bill. and i just think the standing question has to be done by a member of congress. again, i haven't seen the legal theories they are thinking about on the state level. but i think the strongest case and i'm not even sure it's a winning case, but the strongest case is going to be filed by a member of congress. i know boehner has retained jonathan turley looking into this by a member of congress saying that this is such a stark departure, bill, from the traditional understanding of executive authority that the entire constitutional system is being called into question if this is allowed to stand. and the court could act on that. >> so we would assume that that will happen. we assume the state of texas will do what they do and try to justify it so that they do have standing and somebody in congress will file it. so then it goes to the district, federal district court. and then they have to decide. >> then the court of appeals and then the supreme court. >> then the supreme court.

it will probably be fast tracked to some extent, you would think. i mean they fast tracked the gay marriage stuff it's like every day they are doing it. >> exactly. that could happen, bill. but the court is very, you know, very tricky. the court both doesn't want to get involved in hot button issues oftentimes. they will defer. but, in this case -- >> -- yeah, this is. >> this is a big, big issue. again, people throw -- i heard you call it a constitutional ruckus last night. i mean, i don't want to challenge you, o'reilly, but i would go way beyond that. i have never ever seen anything like this. and i know the constitutional pretty well. legal precedent pretty well. take this much authority away from congress and in sharp contrast to what he said just a year ago, many, many, many times. all of that is true. you yourself just said it might not be a winner. >> right, which is why i

say, bill, and i said consistently, congress must use all of its tools. the power of the purse can be used without shutting down well, you just want to impeach him. >> executive order because they defund or don't approve. can't do anything unless he has the money to do it. he needs money to do this. >> you don't want the constitutional thing hanging. i want a resolution to this. >> you do, but, bill, we wanted a rest are lucien on obamacare and that thing went down the tubes real fast. >> supreme court's bailiwick, you know what it is. >> it is, bill, but they lost on the first and one would argue one of the most important cases on obamacare. >> but you still want the decision to be made because as you said this is unprecedented action by a president. it's historical action. so let's have the supreme court rule on it. i think it has to be done. >> bill. we need to have compassion for all people in what we do. compassion and concern and

allegiance to the american citizens and legal immigrants. if we ignore them in this process in addition to our framers then i don't know why any of us here. i really don't. >> laura ingraham, everybody, factor tip of the day. are you a grateful person? the tip moments away. hard it can be...how ...to breathe with copd? it can feel like this. copd includes chronic bronchitis and emphysema. spiriva is a once-daily inhaled...

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no mail this evening because of the address. a few weeks ago i tried to revive a tradition that's almost died out in this country, writing thank you notes. if somebody does you a kindness, pan a few lines on paper, not cyberspace. it's a very classy thing to do. recently barnes & noble selected killing patton as one of the top holiday books. and the website goodreads.com has nominated patton for best history and biography book of the year. since i can't write a thank you note to a corporation or a

website, i wrote this "the factor" tip of the day. thanks, guys. that is it for us tonight. please check out the fox news factor website which is different from billoreilly.com. also, we would like you to spout off about "the factor." plenty to talk about tonight. o'reilly@foxnews.com. name and town if you wish to opine. word of the day, no zabernism. a great word. no zabernism when writing to "the factor." tomorrow, grand jury meets in st. louis, missouri about the ferguson situation. fox news on the scene. we will get a heads up on it. you will know, "the factor" will be on tomorrow night. we're ready for anything. it's going to be a very interesting day. more reaction of course as the president's immigration order tonight and the ferguson, missouri situation. again, thanks for watching us

tonight. ms. megyn is next. i am bill o'reilly. and please remember the spin stops right here cause we are definitely looking out for you. breaking tonight, president obama unveiling his plan to let millions of people who broke the laws of this land stay in the united states. and he is doing it without congressional approval despite his past statements nay arguments that he simply didn't have the authority to do this. tonight there was no explanation for the complete 180 he has done other than his declaration tonight, i have the authority. welcome to "the kelly file" everyone. i'm megyn kelly. the president's remarks lasting about 15 minutes. mr. obama suggesting this is not only the right thing to do for the nation and for illegal immigrant families, but he does it evoking