"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 sessions unveiling those plans and our

first hour, saying president trump will rescind the immigration policy. >> the compassionate thing to do is enforce our law and if congress chooses to make changes to those laws, to do so through the process set forth in a way that advances the interest of the american people. >> heather: live in miami, protesters are gathering right now. >> there are an estimated 50,000 of these daca beneficiaries living in south florida, people who are illegal immigrants who have not faced any deportation threats, allowed to stay in the

country, stay in school and get jobs. they are known as the dreamers, protests happening all over the country. downtown miami, for the past several hours, activists decrying the trump administration ending daca and calling on congress to figure out what to do with the 800,000 immigrants who as young children were brought in illegally by their parents. today's announcement reverses president obama's deferred action for childhood arrivals. >> a surge of minors at the southern border has yielded terrible humanitarian consequences. it also denied jobs to hundreds of thousands of americans by allowing those illegally aliens to take those jobs. >> one person who strongly urged

president trump not to do it is miami-dade public schools superintendent. >> i see them as young people with promising futures. they walk into school, pledge allegiance to the flag like every student, they speak the english language, at some point they learned. they are american in every sense of the way other than true birt birth. >> still to be worked up by congress over the next six months, what exactly to do with these 800,000 illegal immigrants known as the dreamers. when their special permits run out, it is barely possible that congress will perhaps give them a status such as a contracted labor or could just give amnesty to them all as a rule. or they could be deported, technically under the law, they could be but attorney general sessions is only indicated that

most likely there will not be any plan for a massive deportation roundup, the only threat of deportation would be if some of these people committed a crime. >> heather: a lot of reaction coming in, hopefully they can come to some sort of consensus. thank you very much. >> jon: for more on president trump's decision to wind on the program to protect dreamers from deportation, let's bring in bob cusack, editor in chief or "the hill." numbers in congress have urged him not to do this but the president is going through with it. we talked about it as a political hot potato in the first hour, that nobody seems to want to touch. >> it's going to be very difficult for congress to act on this. remember president bush wanted comprehensive reform and got pretty close but couldn't put it over the top. not while democrats were controlling congress. there's been some bipartisan talks over the years to try to get some type of deal.

the dream act did pass under barack obama, it died in the senate but very few republicans voted for that. speaker ryan voted at the time against it. this is going to be very difficult in just six months to get something that has been in the works to try to get done for more than six years. >> jon: typically congress is pretty protective of its turf, we are looking live at some protests right now, we believe this is in washington, d.c., area. protesting the announcement of this policy. congress is pretty protective of its turf, the attorney general said hey, it's not for a president to simply rule and announce his own interpretation of the law, that is up to congress. why does congress not seem eager to jump into the fray here and write a law? >> it's so polarizing, it divides the republican party and this is another headache for republican leaders to try to get

some type of deal on this. as you mentioned, one obama could not get the dream act to his desk, he acted administratively and that triggered a lot of lawsuits. the deadline was today and that's why we are seeing the decision today from the trump administration. president trump did promise to end this program, this could potentially hurt him a little bit with his base, they wanted the program -- a lot of the people in his base want to the program ended right now. >> jon: i wonder about the politics of this, i think democrats -- we saw tom perez, he was leading one of the protests. an hour and a half ago or so. democrats obviously believe this is not going to prove popular with hispanics but i recall a flight attendant i was talking to who came to this country from mexico as a child, her parents were immigrants that were not allowed to become american citizens, she said or at least

weren't eligible because they weren't able to speak and learn english. and she felt very strongly that you need to line up all the rules and come into this country a normal way. i wonder if democrats are making misreadings of the hispanic feeling on all of this. >> there are some people who have come here illegally and feel like people jumping ahead of the people who were in the pipeline to get legal immigration, that that's not fair. i think you are going to see that argument from republicans in the coming weeks. you have to decide, if you are talking about a legislative solution, do they pay back taxes, do they have to learn english, these are tough decisions that lawmakers on both sides of the aisle are going to have to wrestle with. >> jon: we are looking live at aerials from denver courtesy of our fox affiliates, a line of students who have walked out of

class to protest these proposed changes to the daca act, not clear of them would be affected by it, but denver does have a large hispanic population. again, the president is simply kicking this back into congress and really restoring the system to the way it was before president obama decided to unilaterally change the rules, do i have that right? >> you seen with the democratic party, their position on immigration, the democrats were wary of this when they controlled congress and the white house. and remember, most democrats voted for the secure fence act of 2006 including hillary clinton other time. the democratic party on this

issue has changed in the last decade. >> jon: obviously president trump made this a campaign promise and he has followed through. thanks very much, bob. >> heather: the other big story of developing right now, hurricane irma strengthening to a category 5. american airlines adding extra flights out of saint maarten and saint kidd, a meteorologist tracking all of this with the very latest. >> this one continues to grow, take a look at these wind speed speeds. we slowly watch this thing track off toward the west at 14 miles an hour. looking like a very powerful storm and it is. of these are some of the highest wind totals we have seen in quite some time. this is all time, atlantic basin, number five on the list. the strongest winds ever were

198 miles hour. we are eating up that direction, a very strong storm. we now see hurricane watches and warnings stretching across the caribbean, everything in the right are hurricane warnings, including areas through all of puerto rico, san juan. it's going to run right through the north of all of these islands, right along the coastline. here's what that path is looking like. you are looking at wind is. right over the islands, you are going to be cut over the warm water and it does weekend but there you are in the bahamas and by friday and saturday you begin to run up closer and closer to areas of south florida. at that point we have a decision to make, is it going to continue on this general track or to the north. all indications are he takes very sharp turn, runs it right

into florida and right into the southeast. it's all going to be reliant on that very strong upper level winds. that is good news because it would keep it out of the gulf of mexico, otherwise it would run right in. category five hurricanes are rare, we've only seen 28 of them in the atlantic basin ever. irma one of the longer running. usually they are fairly short-lived but usually do act but this one is when we are going to be paying close attention to. some of those islands are beginning to see the brunt of this. >> heather: a very busy night for you, thank you. >> jon: the united nations rolling more action against north korea after its latest nuclear test. what our next guest says should happen. what did you think when i asked you these questions? i had never met anybody from the navy that's why i was, like,

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>> heather: we are now to another big story, south korea warning that the north may be preparing to test another long-range missile with reports just days after north korea tested what the rogue regime says was a hydrogen bomb. secretary of defense mattis and nikki haley responding as the u.s. considers another of options involving the crisis with the north. >> we are not looking to the total annihilation of a country. we have many options to do so. >> kim jong un shows no such understanding of the responsibilities. his abusive use of missiles and nuclear threats show that he is begging for war. war is never something the united states wants, we don't want it now. >> heather: joining us now, a former 7th fleet commander,

thank you very much for joining us. the 7th fleet headquarters in japan, you heard what was being said just there, north korea is begging for war and you heard mattis say that all options are on the table. what's the best option, is there any good option? >> the best option continues to be a negotiated settlement, diplomacy through and with chin china. short of that, we are going to have to face the reality of a rogue leader of a defunct nation with nuclear weapon capability on the current trajectory will be able to hit the united state united states. >> heather: the latest nuclear test, six since 2006, was the strongest ever. does that raise the stakes? >> i think so. the reality here is they've been

on a real steady effort to develop nuclear weapons that are deliverable with a ballistic missile. they are making great progress. that's the reality and we've got to deal with that reality. >> heather: warnings that they are going to launch another on a saturday because it is basically their independence day. some people say there is no doubt that they will in fact do that. you talk about sanctions being the option we should still pursue. they haven't worked before, how do we allow them to work this time? >> the prior sanctions have been porous to say the least. we tend to get diverted into other priorities and concerns. the reality is, you have to have very serious sanctions, china has to cooperate, russia has to cooperate. in short of that, we are talking

about potential for military action which will be very ugly. >> heather: the threat to american lives, i know you said they are currently threatening south korea, japan, guam, many thousands of american service people are there with their families. >> many thousands of american civilians are there. not to mention the allies and we have gone on record saying we will not stand for our allies being attacked and threatened in this way. >> heather: we have the military capability, people should know it would be ugly. >> it would be very ugly. not only for the military people involved but certainly for the innocent civilians. this kind of chaos and real stupidity on the part of north korea.

>> heather: do you think he is calculated or crazy? >> i don't know the answer to that and i don't really care. all i care about are his actions, and so far his actions are unpredictably unpredictably militaristic. he's got to be to either awaken to reality, or we need to push him to that reality. >> heather: the president tweeted this out today... that will be beneficial? >> absolutely. north korea saying threatening things, doing threatening actions, we've got to assist our south korean and japanese allies but they also have to step up and do some of this themselves.

i think president trump has been consistent in that regard. i think that is appropriate and certainly in their self interests. >> heather: appreciate your insight. >> jon: we are tracking hurricane irma, now a very powerful category 5 storm heading right for puerto rico. it might hit south florida. alive look at the white house where we are expecting a news briefing by press secretary sarah sanders on the day the administration announced it is winding down the protection for hundreds of thousands of so-called dreamers.

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failure to enforce immigration law. >> jon: that is attorney general jeff sessions defending president trump's decision to resend an obama era program allowing undocumented immigrants who came to the united states as children to stay in this country. a "new york times" article says this is evidence that moderates are losing influence in the white house. moderates including jared kushner have urged the president to reach beyond his hard right populist base to embrace the program that enjoys significant public support, even among republicans. moderates are somewhat less influential these days. leslie marshall is a radio talk show host, fox news contributor's. i want to ask you first about

"the new york times" piece. is it considered a moderate position to allow the dreamers to stay? >> "the new york times" as usual, if moderates are losing influence so much, why was steve bannon just shown the door? i think that is nonsense. i say this as somebody who wants to see daca made it law. i have great empathy for the people who were brought here as children and had no say in breaking our immigration laws. but we do have laws. i hope congress gets to work and does its job and passes comprehensive immigration reform that will include protection for the dreamers. >> jon: that point was made time and time again by the attorney general. they were brought here as children but we are a nation of

law. the best way to maintain a functioning democracy is to remain a nation of law. >> you can have a nation of laws but these are children, i have two kids and they do what they are told, they go where i tell them because they trust me as their parent even if i were doing something illegal, they are not aware of that. we even see in the criminal justice system in the united states, americans have great influence over their children and the children aren't even charged because they know many of these children don't know the difference between right and wrong. we are as the attorney general said, compassionate people and aren't we supposed to be people and humans first? we are a nation of laws but these children did not break the laws. their parents did and quite frankly this is not at the top of america's desires for what needs to be fixed right now and

where money and concentration in congress needs to be spending our tax dollars. >> jon: no one is saying congress can't craft a law that allows these people to say. president obama simply said they can stay and congress never had a word in it. it was ruled and that is what the attorney general seems to think needs to be corrected her here. >> what i think former president obama did was he did something so these children weren't in the position that they still might be and once again. it's almost like a look, you can't do this, he's going to have to step in and take care of things because you can't do your job. we've seen that was congress time and time again. immigration is an area where democrats and republicans have shared feelings on this, this is something they should be able to get done and i don't think they will be able to do it because of

the fragmentation of both parties and the constant infighting. >> jon: we are looking at some more aerials from denver, large hispanic population in that cit city. thousands of students have apparently walked out of class to protest the president and the attorney general's announcement today. >> what you just said, flies in the face of the principles of democracy to say that daddy, referring to president obama has to step in and do something. president obama was allegedly a constitutional law professor but somehow he seems to have about a third grade grasp on the concept of separation of powers. he does not get to make law on his own or partially enforce laws that are passed by congress. i agree with you, i think we want to reach with some of thee place. i disagree with some of my trump

allies. i want the dreamers protected, it was not their fault. but we must do it the right way and i think the president showed great compassion, there is much pressure to do this immediately, instead he has given a lengthy window to do this the right way. >> jon: it will be curious to see whether they can pick up this ball and run with it. thank you both, good discussion. >> heather: we are awaiting a white house press briefing after a big announcement, we will bring you that briefing as soon and is it starts. plus, people in houston returning to what is left of their homes just as hurricane irma reaches a category five strength in the atlantic, taking aim at the u.s. east coast. recommended dry mouth brand.

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serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. raise your expectations and ask your gastroenterologist if humira may be right for you. with humira, control is possible. >> jon: a fox news alert, we are waiting for a news briefing to begin in the white house, there will no doubt be lots of questions on the decision to end an obama era program sheltering undocumented immigrants brought to this country as children from deportation. the briefing was set to begin a couple minutes ago, we are told it's been pushed off another 12 minutes or so, we will take you there as soon as it sarah sanders steps to the podium.

>> heather: california and other states threatening to sue the trump administration for ending the dreamers program. he says the decision does not mean the government sees the dreamers negatively. >> we cannot admit everyone that would like to come here. the nation must set and enforce a limit on how many immigrants we had met each year and that means all cannot be accepted. >> heather: bob, i will start with you. going into today, we are told the reason this announcement was made today as they were facing a possible lawsuit from at least ten other states.

now they are saying they are going to do that, pull back on it, a six month period where they can maybe save it, congress has to do something now. you have other states is saying they are going to sue for doing that. who has the better case? >> i think people who are suing because the executive order may have gone too far and replace congresses responsibility to draft immigration policy may have a stronger argument. the trump administration was put in a situation where these lawsuits were coming. this needs to be made law. we have a moral responsibility to these children who came over here if you are no fault own. it's easy for people theoretically to say these people violated the law so they should be kicked out but when you are responsible for making a decision and repatriating this child to a country they've never lived in. when you have to deal with the flesh and blood people you have a much different point of view

here. if congress looks at this as a moral issue, the moral fiber of this country is at stake. they passed laws that make this bullet proves of these good kids can remain in this country. using this as a political football is disgusting. >> heather: jennifer, i was listening to justin napolitano this morning, he said the opposite. he said that the supreme court declined to intervene. that jeff sessions is legally doing what he needs to do to set things right again. >> i don't think this is a case for the courts to decide, by president trump taking action today, he is basically forcing the issue. now it's back in congress his hands, they need to legislate about this issue. these are children that have grown up here, some of them have jobs here.

it's a serious issue in one there needs to be some laws about. this can't just be something that states are fighting and coming in and out and have an executive order. i think congress really needs to take this seriously. >> heather: it is a polarizing issue. we are taking look at some life pictures right now. we've been showing you throughout the hour, there are protests going on throughout the country. you can be sympathetic to these 800,000 dreamers that would be impacted by this, but does that mean if you are sympathetic and compassionate that you can break the law? >> people are saying it's breaking the law, let's be clear. we are back in this argument with the difference between an executive order in the law. the president has the ability to determine what resources will be allocated in a certain way. it is true, i certainly am on the side of the dreamers, i want to get legal protection.

i don't believe this executive order was in fact unlawful. there's been no previous case before the supreme court, it was a 4-4 decision. who knows where it's going to g go, i think the trump administration blinked a little bit in one sense, they could have signed an order right now saying that's it, it's over, no congressional action whatsoever but they did not do that. >> heather: thank you both for joining us, have to wrap it up as we await the briefing from sarah sanders, thank you. >> jon: get ready for hurricane irma, it is now a powerful category five transform and it is headed in the general direction of south florida. south florida is getting ready. the governor there declares a state of emergency. we are tracking irma as cleanup

efforts continue in and around houston. in houston now with an immigrant community hit hard by hurricane harvey. >> look, this is in southwest houston, a primarily immigrant community in the city. this is an apartment building, take a look at some of the devastation. the drywall ripped out from the apartment, if you look over here you can see the debris. this is a tragic situation for anyone but cheekily for undocumented members and their families, and daca recipients who are worried about deportation following today's announcement. they watched jeff sessions resend daca, it was extremely emotional, some people were crying. the mother of two cochildren as called donald trump a "coward." others are upset and angry that the president decided to make this announcement at a time in

which many of these families are struggling to figure out how they are going to rebuild if at all. >> we know many of the dreamers were looking forward to continuing to have their work permits eligible. so they can continue to make money help their families rebuild. i will condemn the president for making this announcement at such a time where he should be focused on helping the houston economy in the gulf coast rebuild. he continues to put his own agenda forward. >> daca recipients worked tirelessly during hurricane harvey, the 25-year-old came to the u.s. when he -- when his mother brought him when he was just 15 years old. he says daca has given him the chance to live the american dream but now he does fear deportation. >> daca was really important from the beginning because it

allowed me to join paramedic school. i couldn't have done it without daca. i needed a social security number so they can run a background check, i needed to be able to have a driver's license to become an emt. it was essential for me to have daca. >> he is the breadwinner for he and his mother. he took part in about 100 harvey rescues. he says he has hope that congress can come up with a more permanent solution but others are now trying to figure out how to pick up the pieces considering many of these undocumented families cannot qualify for fema cash aid, they can only qualify for fema aid if they have a u.s. citizen as a member of the family.

some people are feeling like it is a one-two punch within just two weeks. >> jon: thank you, brian. >> heather: coming up, a major breakthrough in the war on terror overseas, the syrian army giving up a year-long siege on an ice is controlled region of the city. fire crews are battling this historic blaze, a lab report just ahead. patrick woke up with a sore back.

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>> heather: a tough battle against a series of wildfires raging through the west, wind driven flames tempering firefighters during the labor day weekend. fire scorching lands from montana to los angeles, california, . jonathan hunt is alive it for us in los angeles. >> these scorched hillsides spread 4 miles north of downtown l.a. and are testament to the fact that the fire is the biggest in los angeles city history, covering thousands of acres, destroying five homes and sending more than 1,000 firefighters into battle. officials say they finally have a grip on this fire which is now 70% contained. further north, firefighters are struggling to get the upper hand

on a fire northeast of fresno. the fire only about 10% contained and residents are being evacuated. >> we keep the grab bags ready. >> fires are burning throughout the west, one of the worst of an an, burning in the columbia river gorge, about 150 hikers were stranded at one point by the fire and residents of at least 130 homes have been told to get out. >> it's like nothing i've really ever seen. >> i knew there were fires going on, i didn't realize the whole town would be shut down. >> fire season also ramping up in montana with the fire proving

to be a tough one, wind is causing problems for fire crews, preventing firefighting aircraft from taking off. the good news is the temperatures are coming down a bit this week after an intense heat wave. following what has been a long, hot summer, it's looking likely to be an equally long, tough fire season out here in the wes west. >> heather: jonathan hunt lie for us, thank you. >> jon: a frightening scene for passengers on a flight from tokyo to new york, what caused this jet to make an emergency landing. plus, harvey cleanup efforts in full swing, folks returning to their houses with new worries. we'll take you back live in houston.

>> the news today is busy, president trump says big weekend washington, d.c., and we are awaiting the white house press briefing with sarah sanders and expecting questions on the decision to end of the program that allowed undocumented immigrants who came to the u.s. as children to remain in the country. we also have news on north korea, hurricane harvey legislation and tax reform. that briefing ahead, live on "america's news headquarters," minutes away. >> heather: in the meantime, right now will close call, a flight from tokyo bound for new york. take a look at the left wing of this plane. the pilot reporting strike just minutes after takeoff and requesting an emergency landing. it did make it back to the

airport safely. people in houston are returning to their homes or at least what is left of them. >> jon: they are trying to salvage the items left behind after all that flooding while dealing with all kinds of other problems. >> the first plane is coming over to help with the mosquitoes, that will help. there is still a lot of standing water. it's not going to be good. if they start to treat and we all start to clean up our yards and help each other it will help, too. the mold inside has all got to go. we will keep our fingers crossed with our insurance companies that everyone will help us rebuild our homes. >> jon: matt finn live in a neighborhood in houston where people are on edge about pickers trying to steal their belonging belongings. >> it's a testy situation, we've been reporting on looters, the

chief of police here telling us about pickers, that is when a flood victim places the things they want to keep in their yard outside to dry out, those pickers come by and steal the things these flood victims are trying to hold onto. we have this neighbor here who wrote on a sign "mile, we have cameras watching you." you can see the camera here. we were reporting on the story just a short while ago, we witnessed one of the neighbors confront one of these pickers. we saw them going through people's belongings and putting them in their truck. look at what happened. >> i think it would probably be good if you are not working here in a week. >> i am not resident in

riverbend. >> back to you in new york. >> jon: will take you now live to the white house. >> secretary sanders: the likely setting cancellation or an orderly wind down to preserve the rule of law and returns to the legislative branch where it belongs. the president made the best decision in light of the fact that the system set up by the obama administration, in clear violation of federal law. president obama even admitted this himself when announcing the program. daca was initiated after congress explicitly rejected the same proposal in legislative form. in other words, president obama implemented a policy congress had explicitly rejected. there is a misconception that daca primarily serves as a shield up from deportation.

daca grants offer authorization to nearly 800,000 individuals who are not legally authorized to work. daca recipients were not an enforcement priority before and they were not an enforcement priority now. the priorities remain the same. the main effect of today's announcement is that work permits and other government benefits are being gradually phased out. but rather than leave daca recipients in confusing limbo while the daca program was challenged by states, president obama is laying out a responsible 24 month phaseout. sorry, president trump. no permits will be expiring for another six months and permits will remain active for up to two local years.

the president promises to deliver meaningful immigration reform. he is delivering on that promise every day and he will put forth serious proposals to congress that would responsibly end illegal immigration, prevent these overstates, remove dangerous criminals, protect american jobs and wages and create a merit-based system. these are not just president trump's priorities, they are the american people's priorities. for decades the american people, immigrant and u.s.-born have asked congress to establish lawful immigration system that protects our country. they've asked for a strong, secure borders, to protect american security and american jobs and they've asked us to have compassion, not only for those who are here illegally but for unemployed american citizen citizens. the president's decision today brings us closer to a safer,

fair and illegal immigration system. now that he has ended this unsustainable and unconstitutional program imposed by the previous administration, the president is calling on the men and women in congress to fulfill their duties to the american people. with that, i will take your questions. >> one question that went unanswered today, some 359 members of the daca program enlisted in the u.s. army. there tour of duty will run the standard for years but there daca status will only last two years? if there is no fixed by congress, do you know what happens to those people, will they be ineligible to be in the military? >> secretary sanders: we have confidence that congress is going to step up and do their

jobs. we have confidence they will do that and we stand ready and willing to work with them in order to accomplish responsible immigration reform and that would include daca as part of that process. >> the divisions we see between the center and the right and the republican party, what gives you confidence? >> secretary sanders: i don't think the american people elected congress to do things that were easy. they elected them to make a government that works, to work properly and for american people and that is their job. if they can't do it, they need to get out of the way and let someone else who can take on the heavy lifting. >> daca is a piece of legislation, with the president be willing to sign only something that address that or would it also be funding for the border wall, or would he be willing to sign simply

addressing daca? >> secretary sanders: the president wants >> we can't take just a one piece fix. we've got to do an overall immigration reform that's responsible. frankly, that's lawful. that's what the president wants to see congress do. >> what will be the priorities for him in a comprehensive package? daca and what else? >> certainly to control the border, to improve vetting and immigration security, enforce our laws and do things that protect american workers. >> let me ask you a question on north korea. in the president's mind, is it an option to simply contain a north korea that possesses nuclear weapons? >> certainly the priority of the administration is to have denuclearization of the korean peninsula and also to protect american citizens. certainly the priority would be that.