>> jon: we are back in an hour, "outnumbered" starts now. >> harris: fox news alert on this fine tuesday and we begin today with what's happening right now with the situation that daca, that program that shielded so many young children from deportation being talked about today and all the reaction that's coming in since the attorney general first announced that a little bit less than an hour ago. you're watching "outnumbered," i'm harris faulkner. here today, trish regan from the intelligence report on fbn, lisa boothe, fox news contributor and we are seeing more and more of her and we love that, jessica tarlov, and david avella is here as the gopac

chairman. you're right on time. these are light news days. >> david: i'm glad to be back and how we're going to fill this one hour, i'm not sure. >> harris: people in your political party speaking after attorney general sessions saying this is the right track, so we're going to talk about that. let's get more of the facts from our very own john roberts who's standing by. attorney general jeff sessions and president trump's decision to end his predecessors preferred deferred action for children arrival. protests to save the dreamers intensify nationwide. making the announcement, attorney general sessions said this was always a matter for congress, not the executive branch to solve.

regardless of the intense emotion involved. >> the policy was implemented unilaterally, it's a great concern. the executive branch through daca liberally sought to achieve what the legislative branch could physically refuse to authorize. such an open-ended circumvention of law was an unconstitutional exercise of authority by the executive branch. >> harris: meanwhile, president trump issuing his marching orders for lawmakers. he tweeted today early this morning, congress, get ready to do your job, daca. david, are you smiling? chief white house correspondent john roberts is joining us from outside the white house with more. >> the president's tweet may be easier said than done. we'll get to that in a second, but first of all, let's give you a timeline on this decision.

he remembered during the election campaign, president trump said he was going to rescind daca should he become president, he thought it was unconstitutional wrote president obama did in june of 2012, but he did wrestle over the decision as president, all the people who are in this country, some 800,000 of them came here through no fault of their own, they were brought here by their parents as children. they couldn't really say no thanks, i don't want to go to the united states. he wrestled with the decision. as you saw, the attorney general jeff sessions said this is unconstitutional and therefore, this administration cannot continue. here's what he said. >> simply put, if we were to further our goal of strengthening the constitutional order and the rule of law and america, the department of justice cannot defend this overreach. >> what does that mean for the 800,000 people or so who are in this country illegally?

nobody is about to lose their daca status, at least not immediately. here's what it does. people who come into this country illegally as children will not be able to file a new application for daca benefits as of today. that means no one knew coming into the system. people who have renewal requests already in two customs and immigration service will be adjudicated on a case-by-case basis. for people whose benefits under daca expire by march 5th, 2018, they still have another month to get a renewal request end, but there'll be no renewals for benefits that expire after marcd unless those are already received. there are slightly more than 7500 people who expire who already have renewal requests in. now this gets kicked over to congress and the big question is, can the republicans and democrats come to some sort of

agreement about what to do about the so-called dreamers? furthermore, what can people within the republican party itself do? can they come to an agreement on all of this? attorney general jeff sessions a short time ago and encourage them to do what they're supposed to do and handle it. >> congress should carefully and precisely come up with what's right for the market people. we want the government leaders to fulfill their promises and advance and immigration policy that serves the national interest. we are people of compassion and we are people of law. there is nothing compassionate about the failure to enforce immigration laws. >> here could be the real problem is we have a deep divide in the republican party over what to do about the dreamers. you've got paul ryan in the house who thinks there should be some status and you have the conservative wing in the house who doesn't think we should

renew this daca program. there are predictions of warfare within the republican party may end up in some sort of civil war, it was described to me today that could lead them losing control of congress. one conservative told me this morning, this was not with the president was elected to do and yet, he's going ahead and doing it. this is going to create some fireworks and the republican party, no question. >> harris: i know you have to scoot, but before you do, there's a bit of nuance and maybe it's nothing, but we've been saying six months based on what was being reported. the nuance is what the attorney general said today and that was for a period of time. is there any difference we need to know about? >> i don't think so. it's six months, but remember, there are some people who are here who will be allowed to stay well beyond that six months because if you were up for renewal of your daca status on

march 4th or march 5th of 2018 and your renewal has been improved, that means you can stay an additional two years, so people could be here as far as 2020, even if congress doesn't act on it. we expect congress will take some sort of action, unclear at this point what form that will take. it won't be without an awful lot of thought. >> harris: thank you, appreciate it. let's talk about congress, shall he? david, again, wonderful to have you today. representative kane said that ending daca now is a chance to restore freedom, rule of law, delaying our leadership can push amnesty into republican suicide. there are some strong feelings in congress. the >> david: there's nothing wrong with having a good, healthy debate. as i shared with the staff this morning cured the least compassionate thing republicans could have done was leave the current system in place. and a could rule today that the

daca program is out and then dreamers would have to go. a president could sign and eggs- this needs to be fixed and i thing the president is smart and he should be given credit that congress has six months to figure this out. immigration is not a new issue to this country. we been debating it for years and this gives us an opportunity to put in a process. there is a legal way to satisfy all those who want legal immigration, there is a legal way over the next six month to put a system in place they can follow to become citizens. then we can start looking at the other parts of immigration reform that needs to happen. >> harris: i want to go a bit deeper on what you're saying. this idea of why a judge can step in is because even though homer president obama put this through our try to with executive order, it's already been found that it couldn't stand constitutionally because it ran counter to immigration laws. is this a good thing from your

side of the political aisle at a lease is being looked at and a more permanent fashion rather than the solution? >> jessica: i think the fact we are out there rallying and talking about this when there are much more pressing issues like working on harvey relief, infrastructure, tax reform, health care, this was not an issue that needed to be dealt with and i felt president trump came to it from a position of weakness. he didn't know what to do and he went back to immigration because that's a rallying cry for his base. i think we can move forward, it's smart for a pub against on democrats on both sides to support these dreamers because 406d billion dollars to the gdp and pay tony $4 billion in medicare. >> trish: there's nothing compassionate about not enforcing current immigration laws. this is the law of unintended

consequences. you have young kids were being sent here because there's the hope, the promise of this dreamers act in which it is not we should be encouraging because it's dangerous to be escaping our country. do you understand, the incentive is creating. you don't shut it down and say you'll never have a shot if you come here illegally. >> lisa: the reason the president came to this conclusion today was because he was facing a lawsuit from the state over daca which many people believe will be the same fate of dapa. many people believed it would have the same fate.

if you are president trump, why are you going to defend a program that you believe is unconstitutional, the president obama had previously said on multiple occasions that the premise of the idea was also unconstitutional even his own just as attorneys had expressed concern over the legality of it. if you are president trump, the question is if you defended something and court -- >> jessica: are you really thinking he's doing this because he cares? >> lisa: now this issue is where it should have always been witches with congress because congress has the authority to rewrite the laws, not the president of the united states. >> harris: i want david back in here. from what lisa is saying, i thought many of these lawsuits came after the fact that they were reported last week that this is what was coming. i had not read or did not understand that the president was trying to for lawsuits that were in place.

>> david: 12 states filed a lawsuit to rule on whether it was legal or not. president obama even said this is not a legal program. >> harris: if this would not stand anyway, did democrats miss an opportunity to fix what their party's leader had put into place which we knew was not going to stand? president obama said it was never meant to stand as permanent. >> jessica: it passed in the house and failed in the senate. i know how laws work, i'm not a dummy. what i am saying is there is an opportunity here for both sides to come together where we can talk but border security. this idea that president trump was going out on a limb to risk something for these kids, these

dreamers is the same fate as dapa. if people are upset -- >> lisa: take your anger out. then ample opportunity to pass reform. you have people like senator lindsey graham who was a member of the gang of eight who supported reform who said that daca and president obama, this is a gross overreach by the president of the united states. >> harris: i went to draw our attention, this is washington state obviously and these people are protesting against what's happening as far as they understand it, appearing for congress to take a look -- many of them are expressing that some of their parents have been allowed to stay because of these children, so it's complicated

and you see a lot of faces in the audience, excuse me, the faces in the protest out there that we've seen over the weekend that are not necessarily children. their children grown up or parents who are to stay there. >> trish: this is a huge opportunity for the president, for the republik and party, and if you could actually see meaningful immigration reform, that would be so good. that's what we need. we need the right people here, we don't need criminals, we need to ease this regulation that makes it so hard for the right ones to come here. let's open the doors to the right people and not allow the wrong one in. >> harris: what'll is about television graphics at they are not always complete slot is washington, d.c., our nation's capital. >> david: it's important to also keep in mind that the white house -- of these 800,000,

what we are actually looking at, they're going after criminals that are the dreamers, not if you come here and you're part of this dreamers program and you've done nothing illegal, arts are you won't get sent home. if you've done something illega illegal, "outnumbered" is looking to get you out of here. >> harris: republican's are being painted as not having a lot of heart. a very heartfelt speech that paul ryan gave. there is hard in there in terms of doing this. >> trish: everybody's got a lot of empathy for people who want to be here that have been living by the law for the most part other than being here. if the republicans and donald trump could find a way to bring all of these people into the fold, it would be game changing come of it make sure you have voters to keep it up.

>> harris: it's under sink to hear president say he wants to jump into this. north korea reportedly appears to be ready for another missile launch. after conducting its sixth and most powerful nuclear test yet. u.s. ambassador to the u.n., nikki haley says kim jong un is begging for war. what needs to be done to stop the threat? we are tracking irma, very active season as they said it would be. irma strengthening to a category five hurricane. where it's going and how likely it is to hit the united states. stay close. ♪

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>> harris: all eyes on irma. the national hurricane center is now saying hurricane irma has strengthened and the atlantic to an externally dangerous category five storm. it's heading for the caribbean in the southern united states. florida governor rick scott has already declared a state of emergency for all six to seven counties. while some models show irma possibly slamming florida or entering the gulf of mexico, others have it spinning up the east coast and hitting the carolinas and beyond. we'll have an update just minutes from now from a fox of

stream weather center on irma's projected path and where the hurricane could make landfall. stay with us for that. >> trish: another fox news alert, north korea appears to be prepping for a new missile launch after conducting its sixth nuclear test on sunday, that's according to south korea's defense ministry. local media reporting north korea was spotted moving a possible intercontinental ballistic missile toward its west coast. in welcome assault to korea south korea practicing for the case in case they are needed. this occurred in council held an emergency meeting just yesterday. u.s. ambassador to the u.n. nikki haley did not mince words on this. listen to her here. speak out nuclear powers the responsibility. kim jong un shows no such understanding. his abusive use of missiles and his nuclear threat show that he

is begging for war. only the strongest sanctions will enable us to resolve this problem through diplomacy. we have kicked the can down the road long enough. there is no more road left. >> trish: nikki haley also time a consul she wants to vote for new sections on monday. >> sanctioning the north korean economy is a waste of time. it's not an economy, et cetera is in camp for the president's rhetoric about potential use for military force and i think that does make a difference. we are running out of time. the only way to solve the north korean problem is to remove the regime or remove the weapons capability. >> trish: you do that, you're talking losing out possibly a lot of lives.

>> harris: he said he lived in south korea most of his life and has anointed with a country wants. he think they want money, may be the line is moved, they want more attention and legitimacy, but we are not hearing that piece of diplomacy and i think it's important because what if they want some thing we can give them? if they want something we can? >> david: one, we could knock down a missile that they send our way. two, they cannot defeat us if north korea chooses to attack us. three, they could use their intelligence to help spread into rogue regimes, which they're already doing and that's a big threat to america. if he starts using this to get more money to pay for food for his people, he'll do that. >> trish: when you talk about

more sanctions, we barely scratch the surface. if you were to do that, north korea then has less money, are they more incentivized to go and sell that weapon to the middle east? >> david: absolutely that's why it needs to be a multipronged approach. they're not just magically learning how to do this. there is some country, russia, china, somebody that has this technology who wants to bring us along. there is also the pressure -- >> harris: we see the equipment from china. it's not that much of a mystery. the president over the weekend took heat for saying the words, the appeasement that south korea is using with the north is not the way we ought to go. we've been allied with them for more than six decades, so people were critical of that. however, the south korean gentleman that i spoke of earlier this morning said that is how to go because south koreans don't take it seriously.

>> lisa: the chinese ambassador said they would never allow chaos and war, the question is how close are you going to let us go? a lot of people are saying that china is the key here. i'm sure viewers have heard this a billion times. 90% of the trade with north korea comes from china. we have these sanctions on chinese banks, there's a lot more we could do and be more aggressive with china. the problem is, the military options don't look great. secretary mattis has testified before congress saying this is fundamentally a war that we don't want. it would be a massive shelling of south korea as well as tens of thousands of american troops. we had michael hayden who said north korea is the toughest intelligence target because there is so much we don't know. if we want to go in and knock down different assets, to even know where every thing is? >> trish: that's the latest news report today.

they're moving things underground because they're trying to hide it. >> jessica: it will be interesting to see where china goes on this point. there sanctioning all the countries that do trade with north korea which is more than china, china being the primary one and 90%. the japanese are also totally freaking out. fundamentally, then something we hear from our meeting the military, protecting our allies to make sure we are standing side-by-side with them, it should be our priority. i wish i could get a clear answer about what any kind of military intervention looks lik like. >> trish: it's a good point. china is going to be very influential in all of this and we need to have trying to do what they need to do a north korea. the potential fallout after president trump takes action on the dreamers, saving the

protection put up by former president obama permit reports that the president will soon be speaking out. will debate that. all eyes on irma, now a dangerous cabaret five hurricane as a powerful storm appears to be making a beeline for the u.s. coast. where irma could hit and what millions of americans need to know about this storm right now. we'll have the latest for you. ♪

>> harris: fox news alert. as a long recovery from harvey continues, the next possible threat is already crossing the atlantic and getting stronger. the national hurricane center has announced that hurricane irma has become a strongly dangerous category five storm. as heading towards puerto rico right now. while it is complete lien certain beyond that, florida governor has declared emergency.

this is the second weekend that we have been watching a storm like this come together. what is the latest? >> the latest is a very powerful storm. when's up to 180 miles per hour as it continues to move to the north and west. this is a powerful storm, just beginning to work towards the caribbean. we haven't seen a storm this strong in the atlantic since 2005, that was wilma. wins at 100 miles per hour, that was in 1980. we are getting right up there. that's why we are beginning to see all these hurricane watching warnings across the caribbean running over towards puerto rico like a climbing in the next couple of days. we going to see this the next couple of days. category five storm as it continues to track. as it runs over some of the islands, that's all the water in gains energy from. it will weaken a bit falling to

a category four storm, but i'm taking you all the way into the weekend. friday and then late friday, we'll see it get closer and closer to south florida. at that point, it becomes a question of what is go to next. we relying on some winds that will grab this thing. you see the motion here, ed will be able to grab it and turn it and perhaps run it ready to portions of florida. there are still some unknowns here. it's not looking right now that it runs into the gulf of mexico. that's something were going to be watching, but this is a big one. >> harris: adam, i know a couple of weeks ago, you are saying this was supposed to be an active season. i'm curious to know, is this what you anticipated? >> as soon as irma is done, there's another one we're tracking as predicted.

>> harris: will move on. former president obama is not expected to sit idly by after the end of daca. politico is now reporting that obama whose executive order put into motion the legal protection for those so-called dreamers will speak out on social media. the former president suggested such an action at his very last white house news conference. here it is. >> they are kids friends, classmates, and now entering into community colleges, some are serving in our military. the notion that we would arbitrarily or because of politics punish those kids when

they didn't do anything wrong themselves, would be something that would merit me speaking ou out. >> harris: a couple things of been talked about, so i want to go deeper on this. a lawsuit that had been forming, new york and washington state are now on the list getting ready to sue over this as well. we showed everybody, i don't know if we'll pop it up. the discussion of the protests happening right now at our nation's capital. david, a former president getting involved, is this about legacy, what is it about? >> david: this could be the least newsworthy thing today. we don't know what the president's going to say, he will come out cleaning up the mess that he made. this is not the first time this president has tried to undercut president trump. he's been doing it since day one. he started a group as going after state legislator, this is one of the most politically active former presidents we've had. go pack is leading the effort to make sure president obama is not successful in his efforts.

in talking about the rule of law, the biggest danger to the rule of law are not these dreamers. it is the stator deciding they're going to be century states and they're going to constantly try to undercut unroll laws and pick and choose what federal laws are going to choose. we can't go on as a nation if some states obey and some don't. >> lisa: all do respect of the former president, please go away, you had your chance. how about playing politics and moving forward with daca right before the 2012 election or subjecting these individuals to the headwinds of politics in the changing a administration? that's playing politics and he and a chance, along with his democrat-controlled congress to get immigration reform and they did not. the idea that all these protesters in the democratic party are using this, playing politics once again, trying to delay the defeat of the trump administration and republicans is ridiculous.

they are playing politics. >> harris: what's also interesting and jessica, as you look at your political party, hillary clinton, dori member -- i don't remember her laying out a plan for daca. would she have worked with the former president? >> jessica: i think as i mentioned when we first discussed this that it's a loss for both sides that there weren't comprehensive immigration bills put forward that they had a legal pathway for people who are already here and not pricking the law, but they came here illegally enter lay children, through no fault of their own. i think there is a missed opportunity there. playing politics, it's not an obama legacy issue. this is about the 800,000 kids were 690,000 kids. president obama feels and credibly strong about that. >> harris: why would that not

be more of a platform during the election months? >> jessica: we are paying the price for it, and understand that. >> trish: i would add that i do not think it will help anything for president obama to get involved. it's going to give more fortitude to members of the conservative party that feel like, wait a second, we are done this guy. i don't think he's helping the situation in any way, shape, or form by getting himself involved. what would be remarkable is to seek comprehensive immigration reform and republicans have an opportunity now to do it. the president is putting the ball into their court. >> harris: we didn't see george w. bush or other presidents do it this way.

just an observation. president trump is meeting today with the so-called -- negotiating tax reform. that group includes key memories of congress and his administration whether republicans will be able to get tax reform done, we'll talk about it in the fallout if they don't. ♪

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>> we've been working since january with the leadership in the house and senate. we want to make sure we have one plan, not three plans. the objective is to get this passed and get it to the president's desk this year. the president and i are complete they focus on crating something that's good for american workers that will great american jobs and bring back american manufacturing. >> trish: amen. i keep saying the problem of this economy as we are turning into getting a lot on top and the bottom and the middle class keeps getting hurt. there are people out there working for a living that need to be able to take home more of what they earn, david. this is a no-brainer. you want to jack it up to four or 5%, tax reform. >> david: the best way we can help us american economy is to give americans a tax cut and we have data to prove it. look at the states run by

jessica's team. people are moving to places like tennessee and arizona run by republicans. >> harris: can we get into this? i'll grab a little iced tea and sit down. it isn't all tax reform is going to matter. you can't just cut taxes for the middle class, you do have to have taxes for the wealthy to keep the economy -- >> trish: put it this way, you need to cut taxes for people who are paying taxes. >> lisa: yes, it's everybody. >> trish: everyone should be able to keep more of what they earn.

>> harris: how do you sell that? >> trish: you remind them of the generating growth. we want more money in the economy. corporations and small business owners, they generate profit, why are we allowing them to keep all those profits overseas where they're already taxed and not bring that money back? put that money back to the united states but america so we can create jobs here. >> lisa: i'm going to let trish handle the political motivation and get to the politics. senator mike lee said republicans don't get tax reform done, they're dead. i agree with them. they promised voters health care reform, they didn't get it done, so they have to get tax reform done. there's a lot of political motivation for one we pub against get this done. i hope you have president trump

president trump -- president trump one that state handily. you're looking at ten states where democrats are running and states president trump won. i think it's important to put that pressure on those red state democrats. it would be lovely to get some democrats on board and make it much easier for them to accomplish through tax reform. >> jessica: they have to start with corporate tax reform. we would have to see with the bill is and what the numbers for for the tax cuts. there's a a moral issue that democrats have and it's led by the progressive side. they just won't talk about a certain number. >> trish: tax reform, please. he plans to induces single-payer

health care bill in the fall and is looking for endorsements. could this be a sign of democrats planning to run in 2020? patrick woke up with back pain.

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>> harris: spirited tuesday. more "outnumbered" in just a moment, but first a jon scott with what's happening the second

hour of "happening now." >> jon: the vacation is over and we are awaiting the white house briefing from sarah sanders. surely some questions in the dramatic change of immigration policy announced last hour by the attorney general jeff sessions. president trump deciding to end the so-called dreamers policy of former president obama. it will have more on that. and the incredible amount of work congress needs to have done now that summer is over. we are also tracking the monster hurricane in the atlantic. irma, a cat five, it could hit florida. we're watching it. >> harris: , thank you. >> lisa: bernie sanders single-payer health care plan is shaping up to be a true plan for democrats. he's currently seeking endorsements. a possible 2020 contender -- some have not made

jessica, obviously i'm sorting with you on this. how do you think -- when bernie sanders does this, how do you think this will go down and those conservative states we talked about earlier, ten states where democratic senators are running where president trump won, five of which he won by double digits. how does this go down in those states? >> jessica: it goes down badly badly. in moderate states, support for single-payer has increased across all parties. democrats, republicans, and dependents are looking at a more favorably because it was concerned about what had both the health care reform plan because it was too confusing they wanted to make sure they would have something. it's about politics and seeing camilla harris do that, it's a

mistake. to have national appeal, citing with bernie sanders is not a way to do that. >> lisa: on that point, how would your organization handle it if bernie sanders introduces this? >> david: one of biggest assets republicans have right now are the democrats and the crazy ideas of their putting ou out. the fact of the matter is, given that hillary clinton, bernie sanders, and joe biden are the leading contenders for 2020 tells us every thing we need to know about the democrat party. >> harris: those are totally different categories of people. i want to yield my time back to jessica on one point. bernie sanders seems to have hijacked or party even though the dnc would let him go forward and he cheated against him. what happens going forward?

>> jessica: we need to find a way to walk the line. the democratic platform which took 80% on the recommendations from the bernie sanders wing, as we were talking about and then break, we've seen pages out of haley clinton's book where she goes after bernie sanders hard and says he showed up -- >> harris: is that what happened? >> jessica: i think it will be difficult for unity if we continue going after each other. >> trish: you could not be the parties cake which is effectively what nancy closely and chuck schumer and i would argue hillary clinton really personified. bernie sanders stood for some thing economically. you talk about political suicide, it's going to be political suicide if you don't recognize the economic challenges.

if she did recognize that, she had no way of conveying it. ernie sanders seemed like he got it, but that guy is a socialist. >> harris: will be right back.

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stick around for a little "outnumbered" overtime. foxnews.com/outnumbered and click on that overtime tab, a live chat there. our handle is @outnumberedfnc. >> jon: we start with a fox news alert, we are waiting for the white house news briefing to begin. white house press secretary sarah sanders at the podium. we will take it live as soon as it begins. in the meantime, the trump administration announcing plans to end an obama era policy. it protects immigrants brought to the u.s. illegally as children. a decision expected to affect some 800,000 people now in this country, good afternoon -- good morning depending on where you are, welcome to the second hour of "happening now" ." >> heather: another busy one for sarah sanders as well. attorney general jeff