are passed. yeah, you're a hypocrite. we want to hear from you. head over to facebook. tell us what you think. thanks for being with us see you back here tomorrow night. ♪ ♪ hi, i'm bill o'reilly, thanks for watching us tonight. in just a few moments. the president of the united states will announce unilateral action on immigration very controversial deal as you know. joining us now from the white house ed henry. so the speech is out. i have read it. you have read it what's the headline to you, ed? >> bill, the headline is the president goes it alone. he is trying to do it in order to spur action by republicans when they take over action by january. they t. may below up in face. the president already calling him an emperor. i'm told by the president's advisors he doesn't care. big meeting as soon as came out from saudi arabia shah

to hash this out. i'm told behind closed doors the president made the calculation republican also attack him if he waits a month. let's do it now. go on offense and define the terms of this debate. he will try to justify this move tonight by saying republicans failed to act on the last four years. what he will not mention tonight is democrats failed to act when they had control of the house, senate, and white house in 2009, 2010. and by the way, even before this speech has been given, two senate democrats, not one but two donley of indiana and manchin of west virginia come out and said it's a mistake and end run around congress. bill? >> the presidential will go it las vegas tomorrow. that's where he will sign the executive action, i understand. you will be with him, correct? >> no. i'm going to stay here and anchoring "special report," filling in for bret baier, i think the bottom line is he is going do that because is he going to sell it they know it's a tough policy so here is he. >> here is the president. >> tonight i would like to talk to you about immigration. for more than 200 years our

tradition of welcoming immigrants from around the world has given us a tremendous advantage over other nations. it's kept us youthful, dynamic, and entrepreneurial. it has shaped our character as a people with limitless possibilities. people not trapped by our past but able to remake ourselves as we choose. but today our immigration system is broken. and everybody knows it. families who enter our country the right way and play by the rules watch others throughout flout rules. see the competition exploit undocumented immigrants by paying them far less. all of us take offense to anyone who reasons the rewards of living in america without taking on the responsibilities of living in america. undocumented immigrants who desperately want to embrace those responsibilities see little option but to remain in the shadows. risk their families being torn apart.

it's been this way for decades. and for decades we haven't done much about it. when i took office, i committed to fixing this broken immigration system. and i began by doing what i could to secure our borders. today we have more agents and technology deployed to secure our southern border than at any time in our history. and over the past six years illegal border crossings have been cut by more than half: this summer there was a brief spike in unaccompanied children being apprehended at our border, the number of such children is actually now lower than it's been in nearly two years. overall, the number of people trying to cross our border illegally is add its lowest level since the 1970s. those are the facts. meanwhile, i worked with congress on a comprehensive fix. and last year 68 democrats, republicans, and independents came together to pass a bipartisan bill in the senate. it wasn't perfect.

it was a compromise. but it reflected common sense. it would have doubled the number of border patrol agents while giving undocumented immigrants a pathway to citizenship if they paid a fine, started paying their taxes, and went to the back of the line. independent experts said it would help grow our economy and shrink our deficits. had the house of representatives allowed that kind of bill, a simple yes or no vote, it would have passed with support from both parties. and today it would be the law. but for a year and a half now, republican leaders in the house have refused to allow that simple vote. now, i continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. but until that happens, there are actions i have the legal authority to take as president, the same kinds of actions taken by democratic and republican presidents before me, that will help

make our immigration system more fair and more just. tonight, i'm announcing those actions. first, we'll build on our progress at the border with additional resources for our law enforcement personnel. so that they can stem the flow of illegal crossings and speed the return of those who do cross over. second, i will make it easier and faster for high skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy. so many business leaders had proposed. third, we'll take steps to deal responsibly with the millions of undocumented immigrants who already live in our country. i want to say more about this third issue because it generates the most passion and controversy. even as we are a nation of immigrants, we are also a nation of laws. undocumented workers broke our immigration laws. and i believe that they must be held accountable.

especially those who may be dangerous: past six years betore stations of criminals are up 80%. and that's why we are going it keep focusing enforcement resources on actual threats to our security. felons not families. criminals, not children. gang members, not a mom who is working hard to provide for her kids. we will prioritize just like law enforcement does every day. but even as we focus on deporting criminals, the fact is millions of immigrants in every state, of every race, and nationality, still live here illegally. and let's be honest. tracking down, rounding up and deporting millions of people isn't realistically. isn't being straight with you. it's also not who we are as

americans. after all most of these immigrants have been here a long time. they work hard and often low paying jobs. they support their families. they worship at our churches. many of their kids are american born or spent most of their lives here. and their hopes, dreams and patriotism are just like ours. as my predecessor president bush once put it, they are a part of american life. now, here's the thing. we expect people who live in this country to play by the rules. we expect that those who cut the line will not be unfairly we warded. so we are going to offer the following deal. if you have been in america for more than five years, if you have children who are american citizens or legal residents, if you register, pass a criminal background check, and you are willing to pay your fair share of taxes, you will be able to apply to stay in this country temporarily without fear of deportation.

you can come out of the shadows and get right with the law. that's what this deal is. now, let's be clear about what it isn't. this deal does not apply to anyone who has come to this country recently. it does not apply to anyone who might come to america illegally in the future: it does not grant citizenship or the right to stay here permanently or offer the same benefits that citizens receive? only congress can do that. all we are saying is that we are not going to deport you. i know some of the critics of this action call it amnesty. well, it's not. amnesty is the immigration system we have today. millions of people who live here, without paying their tax its or playing by the rules while politicians use the scare people and whip up votes at election time. that's the real amnesty. leaving this broken system the way it is. mass amnesty would be

unfair. mass deportation would be both common sense middle ground approach. if you meet the criteria. can you come out of the shadows and get right with the law. if you are a criminal, you will be deported. if you plan to enter the u.s. illegally, your chances of getting caught and sent back just went up. the actions i'm taking are not only lawful, kinds of actions taken by every single republican president and every single democratic president for the past half century. and to those members of congress who question my authority to make our immigration system work better or question acting while congress has failed i have an answer, pass a bill. i want to work with both parties to pass a more permanent legislative -- the day i sign that bill into

law, the actions i take will no longer be necessary. meanwhile, don't let a disagreement over a single issue be a deal breaker on every herb. that's nau not how our democracy works and congress certainly shouldn't shut down our government again just because we disagree on this: americans are tired of gridlock. what our country needs from us right now is common purpose, a higher purpose. most americans support the types of restorms i have talked about tonight. but i understand the disagreements held by many of you at home. millions of us, myself included, go back generations in this country with ancestors who put in the painstaking work to become citizens. so we don't like the notion that anyone might get a free pass to american citizenship. i know some worry immigration will change the very fabric of who we are or take our jobs or stick it to middle class families at a

time when they already feel like they have gotten the raw deal for over a decade: i hear those citizens. that's not what these steps would do. our history and the facts show that immigrants are a net plus for our economy and our society. and i believe it's important that all of us have this debate without impugning each other's character. because for all the back and forth of washington, we have to remember that this debate is about something bigger. it's about who we are as a country. and who we want to be for future generations. are we a nation that toler rates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law? or are we nation that gives themselves a chance to make amends. take responsibility and give their kids a better future? are we a nation that accepts the cruelty of ripping children from their parents'

arms or are we a nation that values families? and works together to keep them together are we an education best and brightest only to send them home to countries that compete against us or a nation that encourages them to stay and create jobs here. create businesses here. create industries right here in america? that's what this debate is all about. we need more than politics as usual when it comes to immigration. we need reasoned, thoughtful, compassionate debate that focuses on our hopes and our fears. i know the politics of this are tough. but let me tell you why i have come to feel so strongly about it. for the past years i have seen the determination of immigrant fathers who worked two or three jobs without

taking a dime from the government and at risk any moment losing it all just to build a better life for her kids. i have seen the heart break and anxiety children whose mothers might be taken away from them just because they didn't have the right papers. i have seen the courage of students who, except circumstances of their birth are as american asthma leah or sasha. students who bravely come out as undocumented in hopes of making a difference in the country they love. these people, our neighbors, our classmates, our friends, they did not come here in search of a free ride or an easy ride. they came to work and study and serve in our military. and above all contribute to america's success. now tomorrow i will travel to las vegas and meet with some of these students, including a number woman

name astra. she was brought to america when she was 4 years old. only possessions were a cross, her dog, and the frilly dress she had on. when she started school she didn't speak any english. she caught up to other kids by reading newspapers and watching pbs. and she became a good student. her father worked this landscaping, her mom cleaned other people's homes. they wouldn't let her apply to technology magnet school not because they didn't love her but because they were afraid the paperwork would out her as undocumented immigrant. so she applied behind their back and got in. still, she mostly lived in the shadows: until her grandmother who visited every year from mexico passed away and she couldn't travel to the funeral without risk of being found out and deported.

it was around that time she 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 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 rejoin us.

up ahead laura ingraham. up ahead laura ingraham. we'll be right

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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. could protect you from cancer?

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personal story segment tonight. you may remember the story of jose vargas illegal from the philippines came outusing ft educated and work as a journalist. in fact he r 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 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. (vo) you are a business pro. solver of the slice. teacher of the un-teachable. you lower handicaps... and raise hopes. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the

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vaginal changes due to menopause and moderate-to-severe painful intercourse caused by these changes. don't use it if you've had unusual bleeding, breast or uterine cancer, blood clots, liver problems, stroke or heart attack, are allergic to any of its ingredients or think you're pregnant. side effects may include headache, pelvic pain, breast pain, vaginal bleeding and vaginitis. estrogens may increase your chances of getting cancer of the uterus, strokes, blood clots or dementia so use it for the shortest time based on goals and risks. estrogen should not be used to prevent heart disease, heart attack, stroke or dementia. ask your doctor about premarin vaginal cream. thanks for staying with us, i'm bill o'reilly in the factor follow up segment tonight how some in law

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 awsuit 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. i'm over the hill.

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or problems passing urine. other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. sfx: blowing sound. does breathing with copd... ...weigh you down? don't wait ask your doctor about spiriva handihaler. 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 scrtu