>> this is a fox news alert. i'm robert gray. the shutdown of the government is underway. senate democrats derailing a republican bill to provide funding until february 16. senior capitol hill producer joins us from washington to help sort out exactly what happened and what lies ahead and chad, thank you for joining us. talk to us a little bit about what happened leading up to that mid night vote. there's some activity there. what's the latest. >> they can't vote done the bill to fund down the government. they got a procedural vote.

need 60 votes to break a filibuster in the united states senate. they got 50 votes but they're 10 short. the vote was 50-49 and there were five democrats yeas. joe donnelly and north dakota and doug joan the senator from alabama and doug mcclaskill. they represent a swing or competitive space so it's a good vote for them to end the filibuster. but the problem is also on the republican side. five republicans voted no. lindsay graham of arizona and rand paul of kentucky and also you had mike lee of utah and then you had mitch mcconnell. now, mitch mcconnell is for funding the government but they have to but the genie back in the bottle and come up with a solution to keep the government

open maybe tomorrow or sunday certainly beforeful workers are supposed to go back to work on sunday. mitch mcconnell voted no. senate rules require if you're going to recall a bill for a vote have you to be on the prevailing side and in this case the nos prevailed so they're getting back to a point to come up with a solution. we're hearing rumors of a two to three-week interim spending bill to keep the government open maybe through early february but they're a far cry from solving this. the house of representatives came back in briefly a couple moments ago. they'll come back at 9:00 in the morning. they don't have anything don their docket. nobody knows what the recipe is right now to re-open government. it's a lapse in government funding and nobody knows exactly how they can solve this. >> chad, this is just the fourth one in the last quarter century. it's not even been five years

since the last one. roles reversed a little bit here. talk to us exactly what we can expect if nothing is resolved over the weekend which at this point it doesn't look like it's going to happen at this juncture. what happens monday morning. walk us through what we can expect first thing. >> it's a little bit different when you have a government shutdown on the weekend. it's up to each administration to determine what they will close. have you monument and national parks. you go back to the trifecta of government shut in late 1995 and early 1996 the historic standoff between house speaker newt gingrich and president clinton at the time. that's the most obvious thing people may see over the weekend but the budget director, muck mulvaney, said they won't weaponize this and shut down things and we saw some parks and some federal overlooks across

the potomac river and people couldn't even park and look at nature in the last government shutdown in 2013. every administration handles it a little bit differently. the bottom line is there's no federal money to pay people, capital police, members of the military, that's a big issue. what we saw in 2013 when we got in the 16-day shutdown is the house of representatives and senate started passing short-term bills to open portio portions of the federal government not wide sections like nih or part of the v.a. dealing with medical issues at the v.a. some of that is a charade and we may see some of that again here because we can say these are the things we prioritize. again, we want to talk about what the key issue is here. daca. usually government shutdowns

deal with government funding. that was not the case in 2013 when the shutdown was engineered by ted cruz over repealing and replacing obama care. so here have you this issue mitch mcconnel said democrats are trying to insert a bill. there's a deadline to deal with daca march 25 and republicans keep coming back to this saying there's time why do we have to address this now. there's been a pivot by republicans in the last couple days. we heard them using the term daca. at the end of the week you heard them use the term democrats were going to shutdown the government over quote, illegal immigration. that's a very different term. it's presented very differently to folks as they try to frame that democrats are trying to do something bad and they're on the high ground and of course democrats will frame it the other way as well. >> chad, how close or how far

apart are we at this juncture? earlier in the day it seemed there may be a resolution. we heard from chuck schumer and now it seems like it fell apart by the time they got to the floor. anything you're hearing there from some of the negotiations we're hearing on the sidelines? we were watching during the vote or was that mostly just about putting the february 8 instead of 16th for the next round of vote >> chuck schumer, the minority leader went down to talk to the president for an hour, hour and a half. we thought they'd go through a procedural vote to say okay, we obviously can't pass this through the senate. we'll try something else. and whatever that other something else is, it never arrived. there was a moment where lindsey gram the republican senator indicated he said i think we're on the 10-yard line.

somebody asked which 10-yard line you may think you're on own rather than your opponent's since the government shut down and don't have funding for the overnight period. >> so in talking to folks on the floor how soon might we get another vote or how quickly do you think we'll see something? perhaps over the weekend or not until earlier in the week? >> it's unclear. i talked to two key house republican aides in just the past 40 minutes or so here and nobody seems to have any obvious plans, something they'll put on the floor tomorrow. as i indicated, the house will come back in at 9:00. they have bookkeeping and housekeeping things to do but republicans control the house, they control the senate and control the white house. democrats are pointing this out but republicans when they move that bill to keep the government open a couple days ago, they were able to do it successfully with only votes on their side of

the aisle. the problem is mitch mcconnell couldn't get across the threshold with his members there's 51 republicans and one absence, john mccain is not here, but they couldn't even deliver on their side of the aisle. that's why you need democratic buy-in. this is where chuck schumer the, minority leader from new york, has been saying for weeks we have leverage. that's why democrats were willing do go to the mat over daca. until you get past that impasse, you don't really know. people had said it's kind of like sailing through a strait. if you sail too close to the rocks on one side you're in trouble and on the other side something else happens. they have to run this down the middle. the potential for disaster for republicans is high as well because if they are perceived to giving into the democrats on daca there's conservative members of the senate and also in the house who to them daca is something they don't want to touch.

if they're perceived as swerving too far one way or the other for daca that's political kryptonite for them. >>. absolutely. we're starting to see headlines from both sides as we heard in the speeches this evening trying to frame it as the other side's fault. thank you for your insight there from the capital as always. right now we're going to rejoin fox news at night already in progress. we'll continue to update you on the government shutdown as we continue on through this evening. >> so the reports we heard is that it was a positive meeting then we hear later schumer was very upsaid upset because he was going to go to the floor. then we get the follow-up tweet from from the president saying it doesn't look good on the dangerous southern border.

dems want a shutdown to to hurt the tax cuts. who knows as of right now they could be friends again. >> exactly. well, listen, they're probably friends and they probably -- they do have a long-standing relationship. on this issue it's kind of cut and dry. it comes down to daca. and the question is whether democrats will be blamed for not taking the deal for the six-year shift, children's health insurance, and the funding of the government that was sitting there in front of them to fight the fight of the left that really wants to fight this fight on the daca kids. now, it's tough to get in the nuance when you're explaining a government shutdown. but this one seems like the democrats could have over shot here. you look at a new cnn poll and it says democrats would get the blame that's as of tonight.

>> that's interesting. one said what is your priorities. would you rather see daca move forward and there's plenty bipartisan support. the american people are supportive of finding some solution for that. the devil's in the details, that's the problem. versus avoid government shutdown the majority was about avoiding the government shutdown and not push it because of daca, but you and i know covering these for years, the democrats are masters as messaging and do well in government shut because often they have the media on their side making their case for them. >> and this was a da where republicans were good on messaging all saying the same thing, there's nothing in the bill the democrats oppose. every democrat asked didn't really have an answer. it's all about daca. we shut point out senators mcconnel and schumer just left the floor. whether they're taking a phone call from someone -- whether they are negotiating the next steps, we don't know. there could be a shorter term cr

that comes out of this whether it's tonight or tomorrow morning. >> it's interesting, we know the house democrat caucus has called everyone for tomorrow morning. house members didn't run home as they often do thursday or friday because they'll have to vote again. it's highly possible we get through the weekend and people wake up monday morning and there's no disruption to major services and we come to a cliff whether it's in five or 10 days of funding. it looks the way they're funding now. >> it's not a way to run the railroad. they'll have to come to some conclusion. they need time to be able to do that. the administration would like more time. democrats would like the leverage to have a shorter time. i think you're going to see some republicans really feel pretty good about this.

this is the danger, both sides feel okay. democrats is an it's republicans. republicans is an it's democrats. in that scenario, if there's not a deal struck, you could have one of these deals where it goes 16, 17 days of a shutdown. then you are feeling it because nobody's getting paid. they're still showing up for work but they're not getting paid and that's not fair to those people. >> and they do -- we understand most of them get that paid back but there are costs with stopping and starting major functions of the government and there's studies non partisan in nature that said there's a hit because it does cost money to turn levers off and on because a lot of the agencies phase people out. they have a stock-down, step-down plan. it doesn't happen overnight. >> the last shutdown was a choice they wanted it overnight.

there's money that can be used to lesson the blow. the only caveat is a lot of the agencies don't have lower level appointments. the nominees were never put in or they didn't fill the spots so some of these places are holding the dike with their fingers because there's a lot going on. >> if you'll stay with us we'd appreciate that because there's a lot at play here and it will be interesting to see what comes of the schumer/mcconnel meeting. we'll try to find out. we're down to minutes to the 11:59 government shutdown deadline. they still have 45 minutes to get something done. what will this mean for when you wake up tomorrow. what services will continue to function and what won't? so many questions and we'll get them answered tonight. >> good evening to you. in 46 minutes.

it's not like cinderella where the lights go out. for most americans in the short and sometimes medium term not much changes if you think about it. social security checks will still go out and the postal service will be there and air traffic controllers will still direct planes and federal law enforcement will keep working and the military will still stand watch around the globe and for in the dangerous places they'll still wage war around the globe. the difference is who gets paid. government employees will not get paid if this goes on for a long period of time are what are called non-essential government employees will be furloughed. though as pointed out in every one of the government shut and there's been more than a dozen dating back to the 1970s, all federal employees have been made whole.

and there's the debate on essential and non-essential and there's the argument why the government non-essential employees to begin with. that's the reality of what comes tomorrow and the days and weeks. things slowly shutdown and the larger agencies with non-essential activities. the political reality is different and depends on who you ask. this is from dine fine dianne feinstein how shutting down the government is a serious thing. people die, accidents happen. you don't know necessary functions can cease. as bret baier pointed out this will look very different from 2013. mick mulvaney from the white house from the podium earlier today talking about how, if anything, they wanted to make sure the average american felt the least amount possible

because of the government shutdown. >> the obama administration weaponized the shutdown in 2013. they could have made it much less impactful but they chose to make it worse. the only conclusion i can draw is for political purpose. >> there have been more than a dozen shutdowns since the 1970s. some short and some longer. one thing that's stayed constant in the shutdowns, the people who occupy this building who cannot figure out how to build a budget or come together to provide the taxpayers and government functions we all pay taxes for, they get paid unquestionably and regardless of whether there is a shutdown or not. that comes down from the constitution and a long-standing law in which congress passed that makes their own salaries what are a permanent appropriation. a bit of irony for those

deciding about the salaries of so many federal workers that are now in their hand. >> and folks out there in the heartland don't have a taste for things being decide in congress that don't apply to the members. leland, we'll see. democrats making illegal children brought here their key sticking point. some cast it as heartless on immigration and here's what conservative radio host rush limbaugh said about that. >> it's the same argument, republicans don't care and are racist and for 30 years we put up with it and i'm sick of it. it ticks me off the game is still played the same way. and the media always sides with the democrats and nothing ever changes about it. >> let's talk about our panel,

juan williams co-host of the five and a fox news contributor. welcome to you both on this interesting night. congressman, we'll start with you, do you think rush limbaugh has a point. it doesn't seem to matter who is in charge it gets painted as all the republicans' false. >> rush is right. for eight years i was in the congress on the judiciary committee on the subcommittee on immigration. when the democrats had the house, senate and presidency, all the leverage of power they didn't introduce the bill. the two years on the subcommittee, they had two hearings. one to have a photo and the other to hear testimony from stephen colbert. in eight years you never saw barack obama get behind anything other than deferring it that's what daca stands for is the deferral. >> there's talk if you put the bills to the vote you can see

where people stand. the house bill and senate bill are so widely different and so far apart. there's pressure for the leadership in the gop to get the house bill sponsored primarily from the house judiciary committee and put it to the floor and vote. everybody's got to know it's d.o.a. in the senate. >> it's a challenge to leadership. here we're talking about mitch mcconnell in specific and what he's willing to do. if he brings it and loses it and you see there's about four republicans not voting for the bill, it creates a whole dynamic. he'd rather have the bill fail with his voting for it to bring back as he chooses but wants to bring it to the floor on his conditions with his understanding of what is possible. he wants to remain in control of that political dynamic. now, let me just say in response to what congressman chaifetz said i'm thinking back to the last opportunity the gang of

eight in the senate with a bipartisan immigration bill. that bail -- bill went nowhere and got defeat house republicans who talked about am nesty and the like. now, coming forward we had president trump who said he wants a deal on daca, he set the march deadline saying, hey, the bipartisan deal presented to him in the white house initially looked like it was promising. then we come back and see it explodes and makes that unfortunate statement. i don't think it's a one-sided deal at all. of course, when you look at the polls at the moment i think it's a 20-point gap in the abc poll in terms of who gets blamed and it's republicans. >> all right. to that point let's hear from dnc chair on with martha mccallum and talked about putting it to a vote. >> if you brought a clean daca bill. in front of the house and senate

it would pass comfortably because the overwhelming percentage of the american people support it. >> congressman, a quick comment from you there. you decline a clean daca bill. what are we doing with these people? >> the question is do you want these people to be given a special pathway to citizenship or do you want to do what the bill says which is be a good person, don't get in trouble with the law, don't join a gang, check in every three years and then you can get in line like everybody else. i think the moral authority of this -- where we're miss the beat the people who are waiting in line trying to do it legally and lawfully and that's the way the dreamers should have to too without kick them out of the country but don't put them on the pathway to citizenship. >> to be clear the cnn poll that shows all kinds of things when it comes to daca, 90% of

republicans, 72% of republicans want a legal status resolution. the appetite is there but it's getting to that point. does it mean citizenship? where's it go? we have more to talk about if you'll stay put. we want to check in on capitol hill. we want to check in with our senior producer monitoring every twist and turn in the procedural. what happens next and where do we go, chad? >> right now the vote is still open. technically they've not closed the vote. it's going to fail, which means unless they come up with age emergency compromise it will shut down. they need 60 votes and they'll come in short. let me read the vote tally because this is going to be important to understand. they needed 60. the vote when they closed is likely to be 50 yeas and 49 nays. there were five democrats voted

yes, joe donnelly and heidi heitkamp. and doug jones, the new senator from alabama, and mccclaskill i missouri. they're moderate democrats so it was good for them to take. we'll have lindsey gram and rand paul and mitch mcconnell. you may say, mitch mcconnell propounded the vote, why is he saying no? what happens in the senate and say you get a deal you have to keep the bill alive and you have to be on the prevailing side of the vote. in this case the nos will prevail. mcconnel will vote no. they started at 10:13 and we're now at 11:24, a little more than

an hour and mcconnel will be able to recall the vote at some point. say the government shuts down and has a lapse in funding. that's the term we should use at this hour. the house and senate don't have a deal, when they have a deal tonight, tomorrow or the weekend next week, you say wait a minute they kept some organizations open. things were being funded. how can they do that? article 1 section 9 of the constitution said you can't spend money without the appropriation of money. it's not an appropriation bill. they'll put in fiscal grout and retroactively fund the agencies so they're in compliance with the constitution. what que -- what we don't know is what will happen next. we saw mitch mcconnell and chuck

schumer leave the floor. even if they come up with a compromise -- and we're hearing talk they could do something that's maybe a three-week interim spending bill or continuing resolution maybe through the 7th or 8th of february. the house and senate would not be in sync. the senate will have passed something but the house will have to come back and pass something as well. the only thing we know will happen tomorrow is the house democratic caucus is schedule to meet at 10:00 in the morning presumably to discuss what might be next if the government shuts down in 35 minutes. >> and chad, quickly, let me ask you, i know you reported before going to air senators mcconnel and schumer walked off the floor together. any developments on that front? >> that's what we're trying to figure out, my street on this side of the aisle can bear this much weight and trying to figure out what is next. make go back to the caucus.

the senate democratic caucus had a meeting that started about 8:30. i was told it did not go well. on this side you had nancy pelosi talking with her leadership team. we saw her leave through the senate side of the building a couple hours ago. i wondered if she was coming to meet with the senate democrats but that was not the case. she left the capital through the senate side and we're not sure why that was. they're trying to figure out what is next. if they knew what was coming next they'd close the vote and move onto something else and the fact they're keeping it open it tells you something is in play but what that something may be we don't know. >> all right, chad, about 32 minutes until we head the deadline to the end of government fund. stay busy and we'll check back in with you. thank you for the latest update. back to our panel, juan panel and jason chaffetz fox

news contributor. some interesting comments from pet pet peter kirsten has questioned daca and status to continue working. he said it will disproportionately harm unskilled workers and and americans and drive more into unemployment and could and crime. he said it will undermine black families and marriages as well. what's your response to the comment? >> i think it's very political. we've always had this argument about immigrants and who does it impact. part of the argument is low-income workers, people on the edge of the job market disproportionately affected. there's a 15% black unemployment rate in the country. there's a counterargument and

that has most the civil rights groups and naacp and others on the other side of the fence, that these people add to the american economy. if you see it as a growth project rather than a limit where someone takes a piece of the pie that otherwise would go to you, then you start to see it as economic expansion and sort of morning in america. there's more opportunity, if in fact, there's a vital supply of workers for the american employer. that's what they're after. a legal supply of workers who are going to be taxed and have to meet the requirements, legal requirements to get into the job market. >> congressman, your take? >> look, i think most people want to take care of people that were brought here as little kids, some were infants. we want to be compassionate.

the core question is should they or should they not be on a special pathway to citizenship. i think there's ways to get to citizenship if they earn it and do it the other others had to do it who didn't come illegally. >> this say fox news alert. i'm robert grabe. a shutdown of the government is underway. the senate derail republican bill set to go through february 16. the partisan standoff was over immigration and spending. five republicans senators vote the democrats. it's the fourth shutdown in the past quarter century. it will only partially stop government operations. they said they will not negotiate until the shutdown ends. sarah huckabee sanders said quote, we will not negotiate the status of unlawful immigrants

while democrats hold our sit ze zens -- citizens hostage. now back to robert grabe, back to fox news tonight. >> there on the senate floor, no word yet but we'll continue to monitor it. thank you both. some more striking images from the 2013 shut were signs turning patrons away from locations and that's key to how they're managing the optics. we're in los angeles with details. >> the trump administration fully realizes when the government shut down in 2016 closing the national parks was unpopular. the public outrage was severe when military veterans were turned away from the world war ii memorial in d.c. this time around if the

government shuts down interior secretary, ryan zinke said things will be different. but the head of the country's largest federal employee union said they haven't been told how the park will work and the initial concern is to maintain basic services like rest rooms and emergency response. beyond that, roads currently open in and out their parks will stay open and roads closed because of snow will stay closed. many will not be able to accommodate overnight stays. instead of kicking campers out they'll be phased out except for parks operated by zantera parks

and resorts meaning yellow stone and zion. they'll have all have restaurants and lodges fully operational. on top of that the state of arizona is providing up to $100,000 to make sure the grand canyon stays fully open. experts say if you plan to spend time in the national park in the coming days you're better off bringing food and water with you and if you're unclear about the status, call your park because we're told information will be continuously update. right now, shannon, they're unclear who's on, who's off. we know they'll have security and police. beyond that, we really don't know what's going to happen at the national parks. shannon. >> we're standing by as you are as well. thank you very much. well the schumer shutdown, is how the white house is framing this but how's it playing in the court of public upon -- opinion.

so we have up to date fresh polling on this. first let's look at our cnn poll. if the federal government shuts down do you think republicans or democrats will be responsible. so together that's 46% going to the gop. 31% is a democrats in congress and 10% say all of them. it looks like at this point there's plenty of blame to go around. >> i think maybe the 10% is right. we know the media and democrats are going to do all they can to blame republicans. clearly this is not republicans' false. president trump could not have been more transparent in this process and his attempt to reach a deal. he allowed national tv to witness the neg negotiations where we saw him attempt to compromise with democrats and

work with democrats across the table. democrats are the ones voting no. we all know republicans need 60 votes and they can't do this on their own. >> and tonight, they lost republican votes. maybe because they were voting on principle. we know senator mcconnel his vote was to stay procedurally able to re-open the vote. >> there's republicans frustrate with the fact we keep having continuing resolution instead of an omnibus that funds the government through the end of the fiscal year. what was strange was some join the republicans from red state democrats and so far we haven't seen them join republicans on any majors not on obama care reform or tax cuts but they recognize officially this would create a backlash. it's interesting this is the moment they choose to caucus

with the republicans. >> so we have senators donnelly, hite -- heitkamp. and others. do you think they hold firm on this? if you can win back all the republicans you still would need a handful more of democrats to get to the 60. >> yes, and time is clearly winding down. what americans realize is republicans had good intentions going into this. a lot of where the issues are coming up are in regards to immigration issues. we know democrats want daca and we know republicans would love more money to fund the border and to secure our country. neither one of them are getting what they want in this case. i can understand blaming republicans if they did sneak in some of their border wall

funding but they didn't do that. so neither side is getting what they want when it comes to immigration. i think americans are going to see through the blame game when democrats do try to blame republicans for this. >> but are the democrats getting something? public opinion tends to be on their side rightly or wronging so they think it's good p.r. do they still count it as a win? >> maybe in the past democrats have successfully passed the blame to republicans when a shutdown has happened. republicans are in charge of all blanches of government so to a person not engaged in what's going on it's logical to conclude republicans are responsible for the shutdown but it's true republicans have exhausted all their options in this case to get democrats to the table. when you do see interviews with democrats and they're being pressed on their rationalale why aren't you voting for the

continuing resolution, there's nothing in the c.r. the democrats oppose. what they oppose is daca. there's not a daca deal to be attached to the bill even if republicans wanted that. one doesn't exist right now. it's not ready. so that's why i think we're starting to see the talks about not the four-week c.r. but some days to get an immigration deal. >> it's not new that a minority party would want to use something that has to get passed whether it's a major measure that's more popular to leverage it to get something they want. not unusual though the funding bill and funding fight has to do with immigration. they're saying this is what we want. they won't meet us halfway so we have to leverage this while we can. >> i think republicans have offered them solutions in this c.r. like a six-year funding for the chip program which provides health insurance for children.

that's longer than it's every been re-authorized for before. i think democrats will have a hard time defending themselves in this situation. we've already seen republicans are taking the high road. they said they're not trying to politicize a shutdown which is what the obama administration does. you heard sob stories on the media about world war ii veterans not able to vit the memorial. it seems republicans are doing everything to avoid that and enable life to go on as usual. >> it's business as usual you wake up tomorrow and everything will be fine. it will be different than parks closed and signs hanging every. thank you very much. don't go far. we're 20 minutes from the deadline as president trump it's not looking good. let's talk about where we are. juan williams joins us and with white house reaction.

ed, you are in constant communication. anything on your end? >> we suspect based on what's happening in the senate chamber the conversations are going on with the white house. that may explain why the white house hasn't put out a statement. on a normal night if you were moving to the next battle quickly and knew what was going to happen, you might put out a statement from the president blasting the senate democrats. instead, frankly the senate leaders on both parties don't know what's happening next and they don't want the president to put out a statement or sara sanders putting out a statement blasting anyone because they may need the democrats to get more votes on plan b or plan c or whatever you want to call it as it goes forward. we have been reporting senator schumer and senator mcconnel after it was clear the vote was failing went out of the chamber

to the sidelines. one expects they're talking. the administrative liaison is on the hill and they could have talks with him and on the phone with the president and chief of staff kelly and others. they're putting together what happens next. if they knew, they'd say, o'the vote's over. let's move on to the next thing. instead they don't know what they're doing next. that is why we're seeing the vote still open though it's been counted and though everybody knows this motion, this bill to keep the government open has failed and we're minutes from it technically closing down. they're leaving the vote open procedurely hoping for another plan. >> juan, i read it's do or die

time for the democrats. it would be for them about making a statement or stand that helps them or hurts them in the midterm. how do you think it's playing for or against them at this point? >> have you a lot of constituencies here and one key constituency is the young people impacted the so-called dreamers. what we've seen, remember, i think you'll remember this clearly, nancy pelosi being under sieged as she was trying to speak in san francisco who condemned her as giving into president trump and throwing them overboard by allowing continuing resolution to go forward back in december and accused her of using them as a bargaining chip. i think you'll see a lot of pressure coming from the immigrant community and congressional hispanic caucus saying this is something we

promised to do. let's get it done. the larger issue for democrats in terms of the number of democrats who voted with republicans tonight, people in states where donald trump won easily, we're talking about people like heidi heitkamp. they're trying to imagine how their constituencies respond. if you look at red states including those with democrats in the senate, it does not look good for the democrats. you see charles schumer, the minority leader, allowing them to vote with the republicans. and you have democrats saying it's time to get a deal done. president trump said he was interested in a deal and wants a deal. shouldn't be capitulating to the

house freedom caucus, the far right that has blocked the bill and substituted the children's insurance fund. >> thank you both. we'll check back in as things continue to develop. we're about under 16 minutes now until we get to the midnight deadline. thank you, gentlemen. jimmy kimmel and a spokesperson for paul ryan got into a twitter fight over chip. kimmel tweeting, shame on you for making chip a bargaining chip and tying our children's lives to immigration and shame on you for doing anything other than funding chip cleanly and immediately. senator dianne finestein claiming people can die. are republicans that heartless? let's talk to some of them the chair and vice chair of the congressional committee. are that you heartless?

that's the way the media will play this? >> no, we authorized chip in november and the senate didn't do anything with it and again in december and the senate didn't do anything and this time we add it to the continuing resolution because states like ohio, where i live, are running out of money. this say compassionate thing to do to add it to the funding bill. there's nothing analyst funding bill democrats disagree with. they're playing politics and putting politics ahead of paying our troops and reauthorizing the chip program and we need to move on and get a funding bill done and continue the negotiations. we're close to a deal on immigration. we need to allow those negotiations to continue but fund government as dianne feinstein said, people could die if government shuts down. people depend on government. military families will not get paid, reservists and national

guardsmen will be send home at midnight tonight and the families of soldiers deployed will not have pay and benefits. we have to fix this. >> congressman, were you hopeful or optimistic what you all sent to the senate would get to a vote? we're not even getting to the procedural hurdle. were you hopeful it would be done differently? >> i was hopeful and disappointed chuck schumer and the democrats have been obstructionists and not moved this bill forward. as steve has said, it's critical we make sure we have funding for these kids and in the chip program. these the kids that need the health insurance. the low-income children. the daca issue is an issue we are very close on but it's a completely separate issue and we have until march 5 to solve the problem. we need to get the government open and keep it open and make sure that we handle daca at a later date. >> what do you all think at this

point? there's talk of something in the five-day range, two or three-week range. do you think that's where we go next? >> i'll vote for what they put in front of us and hopeful the senators keep talking and find a deal because shutting the government down is playing politics with the american people and we shouldn't do it and i don't want to do it and we'll all continue to work to keep it open. unfortunately a lot of house democrats are on the record being against childrens health insurance program and funding the government. i'd like to give them another opportunity. i'll give them the do-over and we'll see how it goes. >> i know there's been a general frustration on many measures from the house you all have passed a lot of things that go fot senate and never get to a vote or an opportunity to get to the floor. this impacts everyone though. have you five democrats that voted yes on this today. we talked about how a lot of them are in districts that are

up for re-election. you would need more than that even if you corral the republicans that voted no. >> i think they made the right decision in voting for this and see the implications that could happen in their own election if they don't vote for the bill this evening. it will be interesting to see how many democrats come on board. >> we're under 12 minutes ticking down to the deadline at midnight where the funding runs out. in the meantime, we talked about daca and you believe your getting closer on the hill but looking at the measure on the house and what we saw from the durbin/graham piece, they're wildly different when we talk about chain migration and paths to citizenship. that seems to be huge gaps. how close do you think you really are? >> i think there's general agreement on the big principles

of doing something for the daca recipients and in doing something for border security. it's two things that have to be solved and they need to be solved together because they're two sides of the same coin, shannon. >> i'll play something from a colleague from a top democrat. here's what he's saying. >> democrats have consistently been willing and ready to sit down at the negotiating table and reach an agreement with our republican colleagues but we will not be black mailed. we will not be black mailed because republicans are unwilling to compromise. >> they say you're the ones that won't compromise and ready and waiting at the table. where's the truth in this? >> i want to ask the democrats back in 2008 when they had complete control the presidency and house and senate, they could have had immigration reform back then if they truly wanted

immigration reform. for them to cast the stone that it's our false is very disingenuous. >> and another thing i think should be brought up is mr. hoyer is saying we are black mailing the democrats when they're the ones who vote to shut the government down. it sounds more like black mail for the american people than to keep government going and telling them we'll continue to negotiate with you, which is what our leadership told them consistently and the talks continued. i'm hopeful we can open government back up and continue these talks because daca doesn't end until march. we've got six weeks to deal with that. we have 12 minutes to deal with -- >> we'll have to have it in nine minutes. you know when we look at the deadlines march 5 and we've had

a federal judge saying essentially banning the administration from being able to rollback daca and that's been appealed directly to the supreme court. a lot can happen before march 5 but some are saying we'll be at march 1st and there won't be a solution and we'll have another fight. >> my hope is we'll have it resolved. there's a willingness on the republican side and i come from california and it's a big issue in my district. there's a willingness on our side to find a compromise and to get this issue resolved. remember, when this daca issue was put forward it was an executive order by president obama. it's congress's job to make sure that we solve this issue. and so it is our responsibility. my hope is the democrats will come to the table and help us resolve it. >> okay, so it feels like to a lot of americans watching what

you all are saying and what we're hearing that you're talking past each other because he's saying we're at the table and want the conversation so where is that getting lost? >> the negotiations have been going okay. we are closer today than we were before but we can't shut the government down. that doesn't do anything to move those negotiations forward. they're unrelated topics to try to tie them together say problem. we need to fund the government. our military families are depending on it. we need to re-authorize the chip program. we will come back to the table on this i'm sure tonight or tomorrow morning early and try to figure out what we can do to keep the government open or re-open it technically now. we'll keep looking at it. >> senator heitkamp is one of the ones that crossed over and voted yes to get the measure to

a substantive debate in the senate. she also today introduced a bill to whistle the pay of congress if there's a government shutdown. she said if congress can't do their job, they shouldn't get paid. what do you think? >> i agree. we shouldn't get paid if we can't do our job. i would support that. >> i already signed a letter that asking my pay be withheld until we have a budget resolution to be turned in tomorrow or whenever the clerk is open. >> you have six minutes. >> i signed it before i left the office in anticipation of the worst happening. i did it before when we that'd shutdown in 2013. i agree with that but i also think it's about getting the deal not about not getting paid but i'm withholding my own pay until we have a deal. >> do you have friends and colleagues across the aisle who you trust who you can have conversations about these things and give you hope there's a common ground? >> yes, definitely.

that's why i'm hopeful we'll get to a solution ultimately. it's in the best interest of our country to make sure we do. i know there are people on the other side of the aisle that want to solve the problem just as much as we do but we have major differences we have to come to a compromise. >> how do the conversations go? >> we're having conversations at the rank and file level and leadership level. every level possible. i've talked to several democrat members this evening and try to figure out if there's something we can take to leadership to say we think we have something that can create a deal. we continue to talk and hopefully we'll get something late this evening. >> five minutes to go on the deadline. a fresh polling out today that won't surprise either one of that you congressional approval stands at 18% according the latest cnn poll.

i'm sure you understand america's frustration. but how's it make you feel to know that's where you're at, 18%? >> what's interesting is we see these polls and i've been elected official in various capacities for 20 years and as a collective body we don't poll high but when you go home and you see you're constituents and they talk to you and you're popular, it's interesting to break down the polls and see where collectively we're not popular but when gou -- you go back home to your district, you usually are. >> chuck schumer went to the house, everybody thought it went well. the president tweeted he thought they had a great meeting and we hear from schumer's folks saying the president then went to his hard right and things fell apart

and then the president tweeted things are not going well. what do you make of their relationship? the president had friction in his own party. at times it's well and other times it seems like it turns on a dime? >> i think the president showed leadship by inviting chuck schumer to the white house but there's legitimate differences. i don't want to make light of those. i think the president is trying. i think senator schumer is trying to try to find a deal and i think we can get there. i am still optimistic at my core and i think we're going to find a deal. we have to for the american people. >> do you think there's good faith on both sides? >> do i. i think both sides' hearts are in it but we both philosophically feel differently about certain issues. it's a very healthy debate for this country.

when you are creating legislation and we saw when the president had people to the white house a week or so good talking about immigration and the public was invite and the press was in and you got to see how the talks were going and how do you make legislation and how do you compromise. i thought that was healthy for the american public to see and that's pretty much what we're doing now. i am competent we'll get to a good solution. it's going to be a rocky road on the way. >> all right. we have about two and a half minutes to go. congresswoman, congressman, we thank you for coming in and hope the talks continue for the sake of the country. as you pointed to our military families too the most important consideration for a lot of folks right now. thank you both, we appreciate it. host of special report bret baier is here. two minutes and a few seconds to go. what now? >> shannon, this vote is still open. original vote.

i wonder if we can take the shot full and get a look in the corner of the screen there, lindsey graham is holding court with a number of democratic senators. they're all gathered around. next to him is a representative to his left asking a question in the red. and lindsey graham has bounced back and forth from republicans, gaggles of senators on the floor to democrats. it seems they're trying to iron out a deal to re-work this bill still open on the floor. we don't have the details. it had been suggested they were going to do shorter continuing resolution short of four weeks and you get another angle from a different side of the camera. perhaps some agreement and

graham suggested the bill go past the state of the union which is january 30 where the president will obviously present his policies going forward and to get past that. we don't know the specifics but you can see the senators huddled here and as we're closing in on 12:00 midnight, remember, this is going to be january 20th. one year and 12 hours ago president trump was sworn in as president and now we're talking about a possible shutdown. >> and lindsey graham has been in the white house for big meetings and he was add -- adamant he would not vote for

snag takes weeks. we'll pause to let our fox station join us. bret, if you'll stick around.