and the news we are talking about on the immigration orders and board security, we'll get to that. >> shannon: see what real folks think. it is a hot issue. >> have a great day, everybody. we'll see you at noon. >> jon: in the meantime, the white house rolling out measures to crack down on illegal immigration. i am jon scott. >> jenna: and i am jenna lee. the administration is pushing forward with a homeland security plan to get more aggressive on deportation and hire additional immigration and border patrol agents. the white house released the plan. john roberts has more. >> reporter: good morning to you. these are implementation memos and instructions to the immigration enforcement and border patrol on how to

implement the executive orders that he signed back on january 25th. what they would do in terms of border security. hire teb 10000 immigration enforcement and 5000 border agents. it would end the catch and release. this is where they come across the boarder and handed a slip of paper and go stay with people they know until their case is adjudicated. there is a carve out by the way unaccompanied minors. under the age of 18, children are treated differently. and the secure community's program and any time people are arrested, their fingertips are checked on the dat base. and removal of criminal illegal. if anyone can charged with a criminal offense or committed acts that constitute criminal

offense. this is aimed at gang and drug dealing. and people who a becaused public benefit programs. and creates the crime of engagement office. this is people who are victimized by people in the country illegally. and advocate resource for illegal alien and target to those of illegal immigrant crime. and maintenance of the wall using materials to the greatest extent of the law origin 98ing in the united states. they would begin building in el paso, texas and tucson, arizona and california where the existing fencing is no longer effective. we'll expect a so- called immigration ban.

the white house had run into problems with this. they will tighten up the language. judge napolitano gave us an indication of what the white house and doj are doing in terms of rewriting the executive order. >> they have taken the 9th circuit court opinion and opinion in brooklyn and alexander, virginia and found all of the things that the judges say are problematic with the execute you have order and address them. >> reporter: the department of homeland security was specific to say this does not affect doca. and dreamers who are in the country, none of this affects them. that is expected to be handled in another executive order that is some weeks down the road. >> jenna: john, thank you very much. >> jon: james holmond is author

of the daily 202. katelin collins is white house correspondent for the daily caller. is the big news hiring of 10000 ice agent and 5000 border patrol? >> yes, it is a good week for immigration. the president is following through with the promise of crack down on illegal immigration. he will fire 5000 border patrol and ice agents. the memo laid out by john kelly shows they will start the construction on the border wall immediately. >> jon: does anyone on the democratic side have a problem of hiring agents? >> there was a leak on a draft to have national guard to help. that is far more reasonable and something they can support and the path they supported on

border enforcement. it really is mutt putting meat on the bones on the president's campaign promise. he telegrapped that the order is coming and something surprising. >> jon: anything we heard from the white house, the idea of using national guard troops, to enforce and roundup immigrants, illegal immigrants, that was never seriously considered as far as we are concerned? >> right, the white house denied that. claiming that the national guard helping, they said it was not true and not mentioned in the memos. it is not included and they are expanding the program that allows the local law enforcement to take on the role of immigration officer. that was a role that was scaled back when bum wum was in office.

>> jon: under the terms of the new orders, the department of homeland security called it a fact she'd this morning, james. and question eight, the answer to question eight, under the excutive order, ice will not exempt class or category of removable aliens from potentially informant, potential enforcement and all of those in violation of immigration law will be subject to arrest, detention and removal of the united states. they seem they will not play favorites when it comes to the people they pick up? >> that's the big news, they will go after everyone. if they find someone here illegally in the united states they will take them. they will prioritize people who commit crimes.

but as far as the law is concerned, if you came in the united states illegally, you broke the law. this document said they will prioritize people who broke other law and give them the option to target anyone else for deportation if they are here illegally. >> jon: also katelin, there is a line that suggests that illegal immigrants who abused benefit programses in the country will be ripe for deportation? >> i thought that was interesting and something that will appeal to the president's base. they don't want them coming in illegally first of all and definitely don't want them taking advantage of programs for the american citizens. that was an interesting part p of the order that people were not expecting. but people who commit crimes and duis or multiple offenses

against them. >> jon: but given the identification of the folks are difficult to achieve, how do you find out that person a, over here is tapping the public till for benefits that they are not entitled to? >> they are more and more able to keep track. dhs will have to figure out how to track people down to keep better records of who is getting various benefits. this is an important first step in that direction. >> it is fascinating to which and one of the promises that candidate trump made and part of the reason he won, i guess. james and katelin thank you very much. there will be martha mccaulum

speaking about the immigrant travel. that will be 7:00 eastern on fox news channel. >> jenna: a new era from the environmental protection gaejs. scott pruitt is expected to roll back realizations. doug has more. >> reporter: new epa director scott pruitt will make his remark and saying that anticipation is untense is a gross understatement. as attorney general, attorney general prosecute was involved in suing the agency he now heads. he is a fierce critic of the epan and believing that the epan is here to administer laws that congress passes and the president sign and not to impose regulations on its own. and president trump said in

remarks in florida over the weekend represents a sea change here in the epa. >> it is going to be a big difference, because they were clogging up the veins of our country with the environmental impact statements and all of the rule and regulations. it was impossible to navigate for companies. >> reporter: in an interview with kim stroszel, pruitt went in more detail. the greatest threat to economic growth those in industry don't know what is expected of them. rheums come outside of statute and rules get changed midway and re-establishes a vigorous commitment of rule of law helps a lot. pruitt believes that the epaneeds to focus on the priorities. he cited for example the

drinking water crisis and the flood threat in the oroville dam that is a environmental threat. and the hampton nuclear site and the clean up of the hudson river in new york. he cited the importance of epa, relying on sound science that is readily available to the public. how will he be perceived by the epa, which many say veered from public service to environmental activism. and that meeting will happen today. >> we'll be watching, thank you very much. >> jon: vice-president mike pence taking on a role and the insider for the president who campaigned as an outside. plus the president decided on a national security advisor, what does general mcmaster bring

to the team? our next guest worked with him very closely. simple salad the best simple salad ever? heart healthy california walnuts. the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org.

>> we wanted to announce we have worked all weekend very diligently and very hard that general hr mcmaster will become the national security advisor. a man of tremendous talent and experience. he is highly respected by everybody in the military and we are very honored to have him. he is also known for a long- time general keith kellogg whom i have gotten to know and he is a terrific man and keith, is going to be chief of staff and i think that combination is something very, very special. >> jenna: right now, a lot of positive reaction for the new

national security advisor from all sides of the aisle. general mcmaster was the top officer to take the post since colin powell. he is a military strategist and decorated officer. our next guest worked with him. lieutenant walker former counter terrorism officer for dick cheney. michael, tell us about your working relationship with the new national security advisor. >> well, jenna, i first came across general mcmaster when he led the review for afghanistan policy in 2009. stafr staff was back scompliegd general mcmaster was tasked by general petraeus to move forward and that led to a surge under the obama administration.

i seconded the praise for general mcmaster as a true warrior intellectual. he had receive ared his p h.d and he is very candid in his work. and in his disoritation that became a book on "dereliction of duty" on how the generals didn't push back strong enough. the last thing president trump needs is a "yes" man. we have someone who will provide a powerful team with general mattis and general kelly at dhs and mike pompeo and secretary tillerson at state. >> jenna: how do you think his experience on the ground impact the policy that we might see

from the white house moving forward. >> he deeply understands the complexity of the war and tribal dynamics and the ethnic and political and sectarian. when then secretary of state rice visited him, he sketched out the counter work of insurgency on clear hold and build. he led a task force in afghanistan looking at corruption that was undermining our ifrts. i would say that he quickly puts civilians in place from state department and treasury and cia>> his senior team, because we need a whole of government approach to some of the issues that we are facing coming forward and right now, there are generals in place, but with so many coming in the cabinet they are feeling left out in the

cold. >> jenna: why is it beneficial for the american people? >> for example, look at isis strategy, president trump in the campaign said we are going to defeat isis and tasked the pentagon to come up with a plan. but there has to be a political in- state and diplomatic component in dealing with turky and iran and russia and all of the players. and we essentially have to sketch out the political end state before we get there with a military strategy and not only all of the different voices at the table but the people who understand the culture in order to have a viable strategy going forward. >> jenna: the new york times with your years in service as well. it was a headline that also was expanded upon in an article. the choice for general mcmasters continues president trump's

reliance to rely on high ranking military officers. i am a wife of a veteran and may be projecting a bit but i have a right to do so as well as a journalist. there is a little bit of a dig, well, it is high ranking military officials like they don't have the p h.d that general mcmasters has. what do you think about the high ranking generals that president trump came in the fold. >> i think the approach by the new york times is too black or too white. we saw that in the obama administration, this painting as warmongers. general mattis and now general mcmasters are some of the more brilliant minds serve nothing our military and have lived as have i on the ground that understand you have to have all

of the components. you have to have your folks from secretary and diplomat and those who understand the local dynamic. but at this level as national security advisor, you have to understand the bureaucracies and agencies and frankly, they have to be comfortable to have a voice at the table. i hope that general mcmasters will get seniorses in the staff and execute the strategies that the president putses forward. >> jenna: very interesting and we'll see if his leadership takes place in the next few weeks, michael, great to have you back on the program. >> thank you so much. >> jon: the supreme court hearing oral arguments in a land mark case about a teen fatally shot on the mexican side shot by a agent on the american soil. does the constitution protect citizens that are killed in

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>> jon: right now, the supreme court hearing arguments in a case involving a u.s. border patrol agent who was on u.s. soil when he shot and killed a mexican teen on the other side of the border. sergio hernandez was playing with fence daring each other to run and touch the fence and run back. the agent opened fire and killing the 15-year-old. the teen's family sued the u.s. government arguing that the rights were violated. the court said the agent acted

in self defense. four years later, the fifth circuit court um held the ruling stating that the fourth amendment did not extend to hernandez. but the supreme court agreed to hear the case which brings us to today. we have a former assistant district attorney. brian claypool is with us. a criminal defense attorney and they have different opinion ps on the case. phillip, first of all, the supreme court in agreeing to take the case basically said there is a significant legal issue here. what is that issue boiled down? >> really it has to do with ruling of immigrants that were, detained at gitmo, and they said they had due process and habbuous corpus rightses and the

base in guantanamo, cuba was defactor american soil. this is not the same thing. mexican soil is mexican soil. mexican soil whether five feet or 20 or a continent away. it is not controlled by the united states and constitutional rights cannot be exported across the border. not the fourth amendment or fifth amendment. i am sorry the child died and everybody grease on that. that is not the facts of the case. it is a larger legal principle of how far does the united states constitution extend and it does not go beyond the board. >> jon: brian, you have a different opinion. you think constitutional rights do apply to the mexican? >> this is a case where logic should trump legalities. it is not a case about the u.s.

constitution. it is a case about humanity. we live in a country that implores others on human rights. but we set an example that it is okay for a border patrol agent to murder an unarmed 15-year-old who is playing and posed no risk to the border patrol officer. mesa lied. he said the kids were throwing rocks at them and they weren't. but what is more important here, the fifth amendment to the u.s. constitution does apply. three- panel circuit court in new orleans held that the family had a right to pursue the lawsuit, because under the fifth amendment it applies to any people and the fifth amendment people if the government abuses power and engages in conduct that shocks the conscience, that

the family has a right to sue even though they were 60 feet on mexican territory. i agree with that three court panel. >> jon: this is video from a case. not this case. but shows mexican kids, throwing rocks at border patrol agents and the agent pulls his gun there. they are not pebbles. they are throwing siing can rocks that could do damage. and that kind of thing happens all of the time. who is to say it was not front and enter in the mind of the agent that shot the kid. >> for our colleague to say it was murder is beyond the pal. the obama justice department concluded that this was a self defense. and he could not be prosecuted

successfully under federal homicide laws or prosecuted under criminal laws having to do with violation of constitutional rights. there are no constitutional rights. it is not the facts of the case, my friend is speaking with his heart which is fine, but he needs to think with his mind because if you extend fourth amendment privileges to noncitizens outside of the united states, the navy seals would have had to have a search warrant to go after bin laden and the cia would have to have a seven warrant when they go after foreign nationals. it is not workable be to say aliens have the same rights as we enjoy in the continental united states. >> jon: brian, i know you want to get in this but we are out of time. the supreme court is taking up

the case and we'll get you back another time to discuss it. thank you both. >> jenna: interesting case. and vice-president pence reassuring the european allies. we'll look indepth at the role of the vice-president and what he's doing in the administration. and a growing relationship with russia. they will have that story ahead. ♪

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>> jenna: vice-president mike pence making a trip. and maintaining that the u.s. will retain close ties with the european union. he is already playing a key role for president trump who is billed as the ultimate outsider. james has a look in washington. >> reporter: the ying/yang quality of trump and pence is hard to overlook. the prospect is the low key policy and internally the man of the house and gop. this trip took mr. pence to the european establishment. he met with eu foreign policy chief. and they were disappointed if

they expected the vice-president to depart from the policies of the man he serves on funding nato. >> we need your help and encourages others to do likewise. and if you have a plan to get there as he said, we need to accelerate it. and if you don't have a plan, my words and not his, get one. it is time for actions and not words. >> reporter: mr. pence is the first republican president since dick cheney whose expansive term made him the most influential vice-president in history. in cheney, ten hours of introduce i conducted in 2014, the former vice-president with mr. bush succeeded. i had seen other relationships between president and vice-president and that started at the staff level.

what i wanted to do was. we had a commission from me and the president. everything we could do to tie the staffs together. and i was not running for president myself. i didn't have my own agenda and there was only one and that was the president. now the vice-president may be entertaining the presidency. but he and president trump will have dinner one-on-one in the white house. >> jenna: i bet you wish you could be there. >> i would serve the meal there if they would let me. >> jenna: thank you. >> jon: on the campaign trial, president trump promised a relationship with russia. there could be a rift over ukraine between moscow and the white house. >> reporter: good morning, jon,

the white house and russia want to try to improve relations with one another. vice-president mike pence wants to work with the russian and find areas of new common ground which he said president trump believes can be found. the relationship with the presidents are offered by compliments. but of late the president and the u.s. are saying crimia was taken in the obama administration. and vice-president said rusa needs to honor eastern ukraine. >> they need to honor the agreements by deescalating the violence in eastern ukraine. >> reporter: secretary of state rex tillerson and james mattis

offered a similar message. republican and democrats in office are pushing the trump administration to resist easing the sanctions on russia. meanwhile russia described nato is a cold world relic. there is a potential to work together more so than in the past. there are bloom berg reports that the kremlin ordered state run media to ease up on the positive coverage of president trump because russian officials worry that the new administration will not be accommodating as they first thought. >> jon: interesting. thank you. >> jenna: general mcmaster is the new advisor. our next guest will tell us about the general who is taking on a key role in the administration.

>> jenna: new information now on the president's new national security advisor general hrmcmaster. the commandener chief gave general mcmaster the full authority to hire whatever staff he needs. nice to have you fwook the program, sarah. take the viewers behind the scenes, how long before general mcmasters is activey on the job? >> i don't know the time line before he physically steps in the office. but we are excited about him being here and him being part and leading the team. he is highly deckingerated and respected and across the board bipartisan praise. when you get john mccain and adam shift you for good

standing. i don't think the president could have made a better choice and across the board people are excited to have him here. >> jenna: two law makers coming together and bipartisan ship on some things. what about p general mcmaster's team? there are theories on how he will construct that and how will his team come together in the next several wye weeks. >> the president gave him full authority to build out the team. this is a guy who is used to leading. he has general kellogg there and bring him up to speed on the things going on. you know, i think the president gave him full authority and trust in him to build out the best team he needs. >> jenna: there is a lot of emphasis by the president and others on unauthorized leak and

on valuable national security information. right now, the source of the leaks is unknown. is the white house closer to finding out who is behind the leaks? >> i don't know if there is a pinpointed person that we have identified, but i know the president and the white house takes seriously. there is nothing greater and more important for this white house than national security and that's why the president made effort and emphasis on day one in taking office in his policy and also the way the white house operates. >> jenna: because there is emphasis and the president takes seriously, has the white house done anything internally amongst your own team to shore up security. additional vetting of established team members just to make sure the white house is secure? >> i am not going into the details of the policy of how

that operates, but i know that we take it seriously and monitoring and making every effort that it doesn't continue. >> jenna: any updates about the president's pursuit of the lakers? >> i'm sorry? >> jenna: is there any updates that the president's pursuit leakers. i am curious about the focus and actions taken by the president. >> the primary priority that the president had in this office is finding someone to lead it. he spent the weekend making sure are he had the best person for the job and felt like he is above and beyond anything he could have expected. we are excited about general mcmaster coming in and that is the focus over the last couple of day and we'll let him take the lead moving forward. >> jenna: it is important for who ever is operating in that

posugz. i want to read to you from the new york times. i will read a line from the article. new york times saying this. most of the national security staff is career professional and often from military or civilian agency and they feel like they are shut out of the areas of expertise and kept in the dark about important decisions. mr. trump's ads look on hold overs from the last administration with suspicion and blame them for leakses? can you comment on that from the new york times. >> look, i rarely use the new york times as a credible source. the white house and we take national security seriously. he has the best leader for that position. and as wihave him in place and

taking an active role, he will address those concerns. >> jenna: we thank you for coming on. >> jon: a new travel order set to release by the white house. how it might differ from the one that caused chaos and protest in the airports? will it stand up in court. gregg jarrett weighs in next. pancakes, or bacon and eggs? we decided to go with pancakes. because well, lola can be a real five year old when she doesn't get her way. home. you gotta love it. and it's all thanks to my fantastic mortgage from navy federal... it's not called the mess hall for nothing. open to the armed forces, the dod, veterans and their families. navy federal credit union.

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on a perfect car, then smash it into a tree. your insurance company raises your rates. maybe you should've done more research on them. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claims centers are available to assist you 24/7. call for a free quote today. liberty stands with you™. liberty mutual insurance. >> jon: we'll check out what is ahead on outnumbered. >> the white house is checking out mellows. and cracking down on illegal and call for hiring of thousands of ice agents.

will we see push back. >> harris: the president named a new national security advisor. general mcmasters has wide support and differs with the president on key issues. what does it say about the president's governing style. >> jon: we'll be watching. the white house set to release a new version of the travel. will it satisfy the courts that put a stop to the first attempt? it will affect the immigrants from the muslim nations and will not prevent people with work visas or green cards or dual citizenship in the united states. and people in transit will not be affected. i am joined by gregg jarrett fox news anchor and attorney. they have had time to work

through this and go over the legal objections that all of the courts have made on what the president tried to do the first time around. >> gregg: it is a do over and this is what they should have done before issuing the first order. but they will reportedly exempt green card holders and those with legal immigrant visas. that was one of the primary concerns of the judges. that is debatable. the other main objection that this order constituted a religious discrimination. there is a way to avoid that argument and add nonmuslim nations. north korea and cuba and south sud an and other nations on the security list. and then specify in the order we are discriminating against potential terrorist and not against muslims.

>> jon: one of the questions that the judges asked a lot in the challenges, do these nations pose a terroristic threat and you said in the chair that is not the judge's business to decide whether or not they pose a threat. but how do they answer that? >> gregg: it is none of their business. they were trying to weigh in on the wisdom of the president's order and not his authority. the way to get around that lay it out to the american people. orders are where as and where as and where as and laying out the reason. reason number one. seven nations that don't help us with background check and we can't do it by ourselves. and number two, identify all of the people from those nations that came to the united states and there are dozens of them that are arrested and convicted of terrorist plot.

that is a matter of public record and you are not disclosing classified information and point out to the court that these seven nations were identified by congress in the anti- terrorism law that president obama signed as sources of terrorism and national security threat. these are the things that they should have argued and explained and they didn't do it. and frankly seemed like they were iging norant of the justifications and reason ares. >> jon: it does appear that the administration will not issue a blanket ban of syrian refugees under the new terms. >> gregg: that was not something that the judges were concerned about. and they are looking at all potential and legal and judicial problem and they will try to get

rid of that and say no longer will there be an automatic ban on syrian refugees and the majority will have come in the fiscal year and there is a cap now, i think it is 50,000. and so that is not as great of a concern as people who are cominging for the seven identified nations. >> jon: gregg jarrett, fox news anchor and attorney. thank you. jenna? >> jenna: sean spicer's report. we have that today. and president trump pledging to build up the military and the latest in the state-of-the-art equipment. we'll have that on the next hour of "happening now". story of gn mountain coffee and fair trade, told in the time it takes to brew your cup. let's take a trip to la plata, colombia. this is boris calvo. that's pepe. boris doesn't just grow good coffee, boris grows mind-blowing coffee. and because we pay him a fair price,

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>> said good-bye company chapter in washington, the giant panda is leaving on a one-way flight to her new home in china, the

3-year-old american-born panda will be joining a breeding program there. bao bao will be the only >> panda passenger on the 16-hour flight. her trainers to pack her favorite snacks, apples, sweet potatoes, and of course, bamboo. be back in an hour. >> "outnumbered" starts right now. >> harris: fox news alert, the white house is announcing an overhaul and immigration enforcement. word today it will call for adding thousands of federal immigration and border patrol agents and it focuses on deporting criminals who are already in the country illegally. all of it fulfilling a key promise from president trump. this is "outnumbered" on a fine tuesday, i'm harris faulkner come here today sandra smith, meghan mccain, the host on business melissa francis and today's #oneluckyguy, the coast of "america's newsroom hq," bill hemmer. he is all about it and "outnumbered" ." >> bil