in arkansas. truly amazing and bringing joy to a lot of people. you are tonight's midnight hero. most-watched, most trusted, most grateful you spent the evening with us, i will be back at 1:00 am tomorrow after the state of the union, join us. >> good morning, tuesday, february 5th, this is "fox and friends first" happening at 4:00 am, fox news alert at the doorstep, thousands of migrants trying to claim asylum, arriving at the us border overnight and we are live inside that caravan. >> the state of our union is in need of drastic repair. ed: democrats blasting the state of the union address before it gets off the ground, how he will talk about the biggest issues facing the nation. no host no problem. the oscars going without a

presenter and that's not the only big change coming to hollywood's biggest night. "fox and friends first" starts right now. ♪ the sky comes falling down ♪ >> the sky still pretty dark over new york city as we take a live shot over there. let's talk about what is going on across the country where you might be, you are watching "fox and friends first" tuesday morning. we really appreciate it, thanks for starting the day with us. the fox news alert, thousands of central american migrants

now at the us border hoping to cross into texas, some planning to cross legally but others could enter through weaknesses in the border. griff jenkins joins us live where the migrants could stay for three months. good morning. >> reporter: you can see a gate, this is the location across the border from eagle pass, texas, the migrants are being kept in there. there is a small police presence. we can't show how strong the forces because it is foggy but the situation we have at this hour is late into last night, the migrants were being kept inside because they don't want them in the community, telling us and telling other folks who would listen that they have until some point this afternoon to let them freely out or else they will become very agitated.

two miles from where i am, here is the situation with this area where they have come, no wall and no structure for most of the sector. there's a little wall at the point of entry but a lot of soft areas. when you talk to the border patrol chief on the us side he says they are up 300% in family unit apprehensions of which much of this caravan is made of. water rescue is up 5 times what it was. what they are concerned about his migrants will simply go to the river, find a shallow part of the river and cross freely and be apprehended where they plan to claim asylum but it compounds the problem of catch and release and the number of immigrants over there. we are getting information about the health of the migrants. behind the fence we have a widespread situation of

respiratory infection, the same situation we saw with the caravan in october, coughing, flulike symptoms, gastrointestinal conditions and one case of hiv and another case there watching, exhibiting symptoms of swine flu. when i talked to the governor, put them on buses and brought them here courtesy of the mexican government. more caravans could be on the way because he can't sustain this with resources. how long can you keep in operation like this going? not much more than three months. shannon: add that to folks who might go to the border illegally and we have catch and release and they disappear and who knows where those diseases end up in the united states.

a huge concern but i keep telling you what a good job you are doing, such hard work and we really appreciate it, thanks. we are just hours away from the other big story from donald trump's long-awaited state of the union address. the president is expected to call for a end to resistance politics but some democrats are pushing back. >> tonight donald trump will step up to the podium to deliver his second state of the union address standing before democrat-controlled house led by speaker nancy pelosi. the president expected to have a message of unity calling for end of the politics of resistance, his administration previewing that central theme. >> they have a job to do, the president is fulfilling his end of the bargain, time for congress to do their part. >> reporter: the president is expected touch on illegal

immigration, protecting the nation's borders, infrastructure and drug prices as well as revised trade deals with allies in foreign policy but before he starts talking democrats already slamming the president's address. >> the president will say predictably that the state of the union is strong but the truth is the state of the trump administration is embroiled in chaos and incompetence. >> reporter: 13 special guests will join donald trump in the first lady to represent, quote, the very best of america. they include joshua trump who has been bullied in school because of his name. and the tree of life synagogue survivor, that left 11 people dead last year. the first family also invited alex johnson, convicted drug traffic are granted clemency by the president. them using the opportunity to invite guests that don't necessarily agree with the president's agenda. kamala harris and chris murphy are planning to bring people

affected by the government shutdown. something us to look for is whether donald trump will make a major announcement on plans to pull troops out of syria. it is going to be big. heather: we will talk about throughout this show as well. thank you so much. the pressure is mounting for congress to cut a deal on the border but republican senator lindsey graham is mourning his colleagues not to sabotage the president's efforts to secure the border with an emergency declaration. >> having the government down is not a good way to get the wall built, best way to get the wall built his work with democrats and work with republicans to build the wall into other things but it doesn't look like nancy pelosi is going to give democrats much space. if i were the president what i would do is use the power of commander-in-chief to go to the border not just sending troops but direct barriers.

was the difference between a soldier being sent to secure the border and a soldier being sent to put up a barrier to secure the border? legally none. to my republican colleagues we do not need a war over the wall. democrats are pushing back to the president, the last thing we need as republicans is to undercut his ability to go it alone if he has to. >> the president has hinted he could declare a national emergency as early as tonight during his address. bernie sanders is set to deliver his own state of the union response following donald trump's be. the independent's rebuttal will be streamed on face the book, youtube and twitter, he has done this before. it will follow the democratic official response delivered by former georgia gubernatorial candidate stacy abrams. the lieutenant governor of virginia denying claims he sexually assaulted a woman's 15 years ago.

justin fairfax suggesting ralph northron's supporters could be behind the new allegations. fairfax would be next in line to take over for governor northrom if he's forced to resign over this controversial photo from his 1984 medical school yearbook. >> i don't know where this is coming from. we heard different things but here's the thing. does anybody think it is a coincidence that on the eve of my being elevated, that is when this uncorroborated smear comes out? >> it was reported in 2017 and it was tabled by the washington post. northron medical school will give an update on the photo. senate democrats block a bill requiring medical care for babies that survive abortion. ben sachs tried passing the bill unanimous consent. it would punish doctors who refuse care for babies born alive after and attended abortion. washington senator patty murray objected. the bill could be introduced

eventually. prosecutors will seek the death penalty against a suspected cop killer in ohio. wade edward win is accused of baiting offices with suicidal threats before killing one and injuring another. is being held on $10 million bond. shares detective bill brewer was killed trying to help save the suspect's life was the veteran leaves behind a wife and 5-year-old son. our prayers are with them. jurors will begin a second day of deliberations in the trial of the mexican drug lord charged with 10 felony counts, he could face life behind bars if convicted. matthew whitaker stopped by the new york city courtroom monday to thank the lawyers working the high profile case was the family of a border patrol agent killed in the line of duty is getting a major gift. border patrol foundation is sending $10,000 to the family

of donna dawes, they do that without agents killed on the job. he was hit by a passing car while helping texas police during a traffic stop. and the super bowl champs touched down in new england. the patriots our home in boston for the victory parade. notably absent, the mvp and tom brady who spent the day submitting the big win at disney world. the super bowl stars engaging in a friendly light saber duel at the new star wars park over 1 million fans are expected to flood the streets of boston to celebrate the team's record 6 title. will be a huge party no doubt. the time is 11 minutes after the top of the hour and hours away from delivering the state of the union will he declare a national emergency? our next guest breaks down the key points the president needs to hit in his speech.

>> was in here? if somebody answered me, he is like open the door and he is in there wearing all my clothes. >> a college student saw a ghost in her closet but turned out to be creepier than that, the shocking discovery in her room. ♪

heather: donald trump will deliver his second state of the union address. it will hit a number of key agenda items from national security to healthcare. what should we anticipate? joining me as white house correspondent john miller. thank you for joining us. great to have you with us.

let's take a look at what the president plans to talk about during the state of the union. immigration, trade, infrastructure, healthcare and national security. what do you consider the most important? >> the president should hit immigration, immigration, immigration. that will be the majority of the speech. we have been told from initial reports the speech is going to be a call for unity and bipartisanship which is interesting because from democrats you would think it is a divisive issue, something americans can't agree on. if you look at every poll, americans want safety at the border, security at the border. it is the second most important issue for americans. look at rap music. a quarter of americans would be willing to donate their own money to a border wall. look at the associated press,

the top 5 issue, this is not a divisive bipartisan issue. when you talk about unity this is an issue americans can come together on, that most democrats support. an issue people think is not controversial. heather: those democrats are not listening to the poll you just referenced, several democrats have announced they are not going to attend, not totally unexpected. steve cohen, john lewis, hank johnson, they are not going to attend. >> when you have democrats who are not interested in coming to the table working with the president, what can you do? last year the president touted his economic numbers for minority communities, black unemployment numbers, they

didn't stand up, the group working for minority rights, they don't care about that. and when you taken with a grain of salt, working on things you would assume they supported. heather: you were giving up poll numbers to immigration. in terms of the state of the union people were told this is a politico poll and what they think is important, 61% said it is improving the health care system, jobs, economy, leading the country, reducing poverty and improving immigration came in at 52%. >> you see the immigration numbers are often tied with the president, the president is popular in some circles and unpopular in others. you have seen the immigration numbers closely reflect people's opinion of the

president but in terms of border security, securing the border, the numbers are pretty positive and how the american people view what they want to do. shannon: said he declare state of emergency? there are rumors he could do that. >> that's the big question. no one knows. you were talking about a speech talking about bipartisanship and unity. it would be a bold move to do a national emergency declaration in the speech. he has to do it at some point, maybe after the speech or soon thereafter but it is the only thing he has left, democrats are not interested in working with the president, they made it clear a number of compromises, still not going to come to the table, he has given them extended protection for daca, a number of things he has come to the table with the minor they said no, we will not fund your wall.

heather: thank you for joining us. i think he will declare a national emergency tonight or this week. >> we will see. heather: 19 minutes after the top of the our. remember the woman who confronted jeff flake in an elevator over his support for brett cavanagh? >> you are allowing someone who is unwilling to take responsibility for his own actions in the higher court of the country. heather: she is going to the state of the union as a guest and you won't believe who invited her. the reaction pouring in online. ♪

heather: three patriots players planning to skip the super bowl visit to the white house. jerome harmon saying he would rather celebrate the win with president obama after the nba champion golden state warriors, in dc last month after declining donald trump's invitation. the super bowl brings 98 million television viewers, the big game getting its lowest rating since 2008. losing 5 million viewers from last year. 2.6 million people streamed the game online. the nfl rating was up 5% for the year which donald trump credits to players protesting. alexandria ocasio-cortez invite the woman who confronted jeff

flake over support for brett kavanaugh. to attend the state of the union. >> you are allowing someone who refuses to take response ability to sit in the highest court in the country. heather: carly shimkus is here with online reaction. will see you like this the whole time? >> reporter: congresswoman ocasio-cortez has a neck for making news and she did it again. she made the announcement on twitter saying i'm proud to announce my state of the union guest will be ana maria, the new york 14 or who jumped into the elevator with senator flake to elevate the stories of survivors everywhere, living proof the courage within all of us can change the world. a lot of democrats are applauding the decision. conservatives calling her guest pick a little too divisive and controversial.

chris says this is the state of the union, not a political scoreboard. peter chiming in saying this is why the country is so divided. some of the people in power just want to add gasoline to the fire. sheila will attend the speech where he suffered jet white, which women wore as they did last year. brett kavanaugh is expected to attend. >> the fact that she will be a divisive guest is the point. let's talk about the oscars which will not be so political. no host this year. >> there will not be a hosted this year's oscars with a group of various a-list celebrities will be guiding the show from one segment to the next. the academy announced enough back, bree larson, and jennifer

lopez will be among the 13 stars who will present. will people watch? this person says probably not. the date of the oscars have drawn to her end, pc and politics have gilded. jan has a suggestion saying it is a thankless role, start with a musical matchup, give the presenters some great lines, excellent voiceover to get on with it. she is saying the show is too long which is a common criticism. heather: or people receiving the awards will have more time to get political. thank you so much. the time is half past the top of the hour almost, donald trump is expected to tackle north korea, russia, china, during the state of the union. will his america first message be the right one or will it create problems like his critics are predicting? our foreign-policy panel up

next to discuss. if one state gets their way, donald trump will not give the state of the union in 2021. the push for lawmakers to get him kicked off the presidential ballot. ♪

heather: we begin with a fox news alert. thousands of central american migrants at the border after a month long journey. some will try to across into the united states legally by claiming asylum. others may enter illegally through areas without border barriers. the us is looking to illuminate that option. preparations are underway to build a new border wall in the rio grande valley.

we are hours from donald trump's second state of the union address. the president is expected to cast a message of unity during tonight's speech calling for a end of the politics of resistance, fairfax existing r northrom supporters could be behind allegation, fairfax would be next in line to take over if governor northrom is forced to resign over this controversial photo from his medical school yearbook. the us envoy for north korea heading to pyongyang to prepare for donald trump's second summit with kim jong un, laying groundwork for denuclearization talks. the second summit between the us and north korea taking place later this month in asia. the senate breaks with donald

trump voting the state of the union address. >> your keeping troops in iraq because you want to strike? >> i want to watch iran. >> when and where will you meet kim jong un? >> he is looking forward to it, i am looking forward to it, we made tremendous progress, we are doing well with making a deal with china. no two leaders in this country and china have ever been closer than i am with president xi jinping. >> will the america first message create the diplomatic problem critics are predicting?

asia analyst gordon chang, former intelligence officer don braemar and international relations expert doctor rebecca grant. thanks for joining us, appreciate it. what do you anticipate for this evening? >> will strike a good tone but trump will roll through his responsibilities as commander-in-chief, talk north korea, china and try to make a case why border security is national security, give a stance on syria, why he is making changes there and touch on peace negotiations with the taliban in afghanistan for 2019. heather: what are you looking to hear? >> i think syria will be an important part of this and afghanistan. what i think he will have to confront is we have a senate that is rebuking the president

saying they want to stay in areas of the middle east to we don't have to deal with these issues at home. lasting as someone who served is to go and fight and give it all away for the sake of peace talks especially when the afghan government has not come to the table and these talks. heather: let's talk about north korea, preparations underway for the second summit. what do you expect the president to say in terms of that? >> he has a great deal with kim jong un, but the first summit, we've not seen progress. a few hours ago the un panel of experts said north korea was continuing to build missiles and nukes and trying to hide and open sanctions violations, those are trump issues because he can stop sanctions violations, put kim to the point he has no choice but to give up his weapons but we are not doing that.

heather: i paused when you were talking about afghanistan. in terms of the troops that are there, we have been there so long and 20 get them home, how do we do it, we need to negotiate with the afghan government. is that your primary concern? >> we've been there 18 years in the level troops we've seen in afghanistan has risen and fallen more times than you can count but if you had these talks and don't include the afghan government all it does is weaken them to the point they won't make any progress we've seen in 18 years and worsen you want to do is be the soldier or marine or sailor, everything you fought for and lost your friends for go away invaded over negotiating with the taliban and. heather: we had the controversy about the america first policy before the state of the union address, in terms of moving forward and where we are now in

foreign-policy how do you think america first is working? >> don't fall for the swamp talk. it means putting american families and workers first on trade, immigration and all those issues. foreign leaders are used to it and the america very -- the military facts so they are used to it. the isis coalition, nato stands firmly with us understanding russia violated the treaty many examples, understand what america first is. americans like it, the world is used to it. heather: you and i have talked about russia, china in relation to north korea. >> we have better policies than we had in the past. that the important thing. the thing about north korea to the president's credit is he is starting to think about it and

work on it and that is a change from the prior administration. it is good he is doing it but i disagree. he should be a comfort on the north koreans because we put them in a place where they have no choice but to disarm. heather: has he been tough enough on russia? >> there's a lot of places we could go in getting tough with russia, look at more economic sanctions and more political means, russia needs to realize everything they've done with violations since 2008 need to change when you look at a new treaty but the only way vladimir putin and his allies will understand his economic sanctions. heather: how do we put together a new treaty when they didn't honor the one we are leaving? >> they did violate the treaty and started in 2014. we have a lot of upcoming arms control talks, trump dealt himself a good card by emphasizing willingness to defend space, putting allies on the floor, we have a long way to go with russia. we may see arms control in the

future but that is long way off. heather: a lot to get to with syria, afghanistan, north korea, we didn't talk about iran and what the president is able to touch on tonight and moving forward. we appreciate it. the time is 20 minutes until the top of the hour. as the governor northrom's your book controversy advances, will the president address race relations in the state of the union address? jeremy hunt says americans need to be reminded our country is greatness is tied to our level of unity and he joins us coming up. terrifying - cam video revealing the moment the plane burst into flame in midair before crashing into a california neighborhood, the moments leading up to the crash.

..

heather: donald trump's pick for brett kavanaugh's old seat gearing up for political fight. confirmation hearing for dc circuit court nominee naomi raul begins today. she will face a tough battle from senate democrats who have targeted her past positions. the former clerk for justice clarence thomas overseas government relations. the confirmation process has only just begun for the president's latest government become acting secretary david bernhardt nominee to fill the role permanently. bernhardt, a former oil and gas lobbyist served as deputy under former interior secretary ryan zinke took over after he was on last year. donald trump's inaugural committee will comply with a subpoena. federal prosecutors are

requesting document related to spending and donations as well as information about benefits. donors received for making contributions. the committee raised record-breaking $107 million leading up to the 2017 inauguration. several new jersey democrats trying to stop the president from a second inauguration, reviving a bill that would require presidential and vice presidential candidates to put their federal income tax returns on ballots and if they don't, the electoral college would be banned from voting for them. democrats called on donald trump to release his tax returns. he says his lawyers advised him not to since he is under audit. the time is 15 minutes until the top of the hour. terrifying new dashcam video revealing the moment the plane burst into flames before crashing into a california neighborhood. what we are learning about the pilot and details surrounding the crash.

as the governor's controversy donated lines will be address race relations during the state of the union address today. our next guest says americans need to be reminded our country's greatest is tied to our level of unity. jeremy hunt joins us after the break, don't miss it. ♪ learn to dance ♪ by a boat ♪ drink a beer ♪ sing a song ♪ can't we all get along ♪

audible members know listening has the power to change us make us better parents, better leaders, better people. and there's no better place to listen than audible. with audible you get a credit good for any audiobook and exclusive fitness and wellness programs. and now, you'll also get two audible originals: titles exclusively produced for audible.

automatically roll your credits over to the next month if you don't use them, and if you don't like a book just swap it for free. enjoy 100% ad free listening in the car, on your phone or any connected device. and when you switch a device pick up right where you left off. with our commitment free guarantee, there's never been a better time to start listening to audible. the most inspiring minds, the most compelling stories, the best place to listen. to start your free 30-day trial, text listen5 to 500500 today. ♪ heather: donald trump's state of the union address is said to be a about unity and providing a visionary path forward for the country. as release relations are major concern among americans, the

northrom controversy and others what message do americans want to hear on the issue? jeremy hunt, thank you for joining us, we appreciate it. >> good to be on. heather: this is a fox news poll. how concerned are you about race relations, 61%, extremely or very concerned, 24%, not very and not at all concerned. how do you expect them to handle it? >> it is important to be reminded, the recent instances we have seen represents the majority of americans, not who we are. we are stronger as one. we will not reach the greatness of our nation if we do not

unite as one, and racial differences. heather: if you look at the guest donald trump invited, 13 guests to attend the state of the union and you can see where he would be working in a message of unity between different guests attending. >> the one thing we will see, doctor king said we got here on different ships, we are on the same boat now. one feeling about the president -- the success of the country, we are all on the same boat and it is important we stand as one. heather: we are already hearing

four democrats saying they will not attend the state of the union. you talked about policies coming out of washington dc. and policies specifically impacting the african-american community. >> black an improvement -- unemployment at an all-time low, and important point. regardless, members of congress -- it doesn't matter what the response was. how those lives are being defected, it is important we stay on target, what are the fact that our people better off than before? we assess those and what works and how can we continue those. heather: talking about unemployment numbers, donald trump talked about it in his first state of the union address.

they stayed seated and did not applaud the numbers. do you expect that when he talks about it? >> probably. that is the bottom line. playing politics, the bottom line is this. it helps americans. let's look at it and assess what we shouldn't look at anymore. it is unfortunate to see different leaders playing politics. >> even if we don't agree with specific policies, our political leaders are sports stars and take a leading position in doing that in the country would be headed in a

different direction. >> i couldn't agree more. it is a matter of political differences. what does matter is we see each other as equal in the eyes of god and moving forward. >> a message of unity, we will see what the president has to say. thank you for joining us. have a great day. 8 minutes until the top of the hour. a college student thought a ghost was in her closet but what she discovered may have been more frightening.

.. heather: terrifying video of the moment the plane burst into flames in midair. you can see the jet turn into a fireball lighting up the sky before it crashed into a home

in southern california. we didn't tell you about this yesterday. you see the pilot and four people inside the house were killed and you can see why. officials identify the pilot as retired chicago police officer antonio best ennio who was visiting family nearby. the ntsb investigating what caused this. a man holds three burglary suspects at gunpoint until police arrived. this video is going viral. >> get on the ground! >> policeman -- they are lucky i didn't shoot them. i had every right. to put a bullet in somebody. heather: stephen was on the phone with 911 the entire time, catching the suspect sneak out of act or, nothing was stolen but the trio caused damage to his parents north carolina home. police took them into custody. now we have time for the good, the bad and the ugly. a girl gets the ultimate surprise in her school mascot

turns out to be her coast guard dad. this video of the emotional reunion going viral. the coast guard reuniting with maddie at her maryland school after spending 7 months on active duty. now the bad. college students thought their apartment was hunted by ghosts, turned out it was something much more frightening. >> sounds like a raccoon was in my closet. who is in here? somebody answered me, my name is drew, open the door. he was wearing all my clothes. >> reporter: police arresting the man who is facing felony charges. finally the ugly. a woman arrested for throwing a frozen pork chop at her boyfriend.

her meet throwing attack hit a man in the face leaving him with the cut over his eyebrow. unclear how the fight started. phil in the blanks. what do you think? that wraps up this hour of "fox and friends first," thank you for joining us, don't forget special coverage of the state of the union all day and all night. "fox and friends first" continues, goodbye. >> i don't want to mess with that woman. it is tuesday, february 5th and this is a fox news alert. while you were sleeping thousands of migrants arriving at the southern border ready to cross into the united states. rob: that many will claim assignment border patrol is ready to step in if there's a sign of chaos. >> the president will say predictably that the state of the union is strong. the state of the trump administration is embroiled in chaos and incompetence. jillian: with the caravan at the doorstep democrats are