we have seen past mayors be charged with a crime and go to prison. but here she is rolling her eyes saying, "i don't accept we are the murder capital." >> todd: keep in mind, she has an actual home 3 miles away from this provided home by the city of new orleans. think you >> carley: texas 70 buses carrying over 2900 migrants to the city yesterday. you're watching "fox and friends first" on this thursday morning. i'm carley shimkus. >> todd: i'm todd piro. buses set to arrive as the daca program is ruled illegal. migrants in the u.s. already taking advantage of the benefits

don't have to leave. brooke singman will tell us more. >> brooke: the ruling says president obama's administration did not have the authority to institute the daca program. the court will not discontinue it. the court's ruling does bar the united states from processing new daca applications. in 2012, the program gave migrants who came to the u.s. a temporary grace period from deportation and allowed them to apply for work permits while in the u.s. the court writing in our view, the defend antss have not shown there is likelihood they will succeed on merits. more than 600,000 immigrants in the u.s. on daca, who are called dreamers, can legally stay in the country. democratic lawmakers are stopping new daca applications.

tweeting, the effort to deport young americans are creating chaos and fear for people who deserve so much better and house speaker nancy pelosi pointing out house's effort to give daca applicants u.s. citizenship. she said, maga republicans in the senate blocked this bill, playing with the future -- anti-immigrant cruelty. democrats calling to grant amnesty to those in the daca program. >> carley: thank you. new york governor kathy hochul set to mobilize national guard to help her on tent city for migrants. 100 reservists will be ready to assist the city at mayor adams request. rips into pres-- it is just

disturbing we weren't informed of any of this, we're worried about the safety of the passengers who didn't know where they were going. >> todd: texas senator cruz says the issue at the border is just one issue pushing voters to the gop. >> people are energized and pissed off at idiots in washington, mad at inflation, mad at gas prices, mad at crime, mad at chaos at the border. i think it is going to be such a fundamental wave election this year. >> todd: 59% of americans are concerned about higher prices and inflation, same poll finding 34% of americans approve of joe biden's handling of the economy. slain fdny lieutenant allison

russo-elling laid to rest yesterday. russo-elling stabbed to death in queens last week during unprovoked attack on her lunch break. her father took the stage to mourn his daughter saying that man murder my daughter and she would be first to come to his aid if he ever needed help, he killed her and tore a hole in our heart. the department poefz promoting her to lieutenant. she was a hero and we both agree with that. >> carley: god bless her and her family, as well. >> todd: gas prices rising closer to $4 national average. don't expect it to go down any time soon because opec bucked biden and decided to cut oil production. who is the white house turning to now? not an american country. >> carley: alabama attorney

general says his state will refuse to curb to radical politics, how he is stands up to parents and kids coming up.

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>> todd: all eyes on pennsylvania, republican senate nominee dr. oz demanding john fea john fetterman release his medical records, after repeated refusal to participate in a debate. oz says fetterman has a

transparency issue. >> he won't talk to me, pittsburgh post gazette asked for medical records, doesn't respond. having longer debates, more debates, doesn't answer. >> todd: fetterman maintains he is fit to serve. carley. >> carley: arizona attorney general is fighting back, forcing the state to change policy on transgender students and embrace genderless schools. attorney general, good morning to you, everybody should read your op ed. what is the message? tell us about this. >> i think clearly state sovereignty isn't for sale and for us in alabama, we see this administration take aim at sensitive federal programs that states have been a part of and use programs to enforce gender

ideology that people in alabama rejected. >> carley: in alabama, only biological girls can compete in women's sports and use the women's bathroom. because of that, there is concern federal funding will be taken away from alabama schools, does that worry you? >> it worries us, but we have a broader obligation to our citizens to enforce policy. this administration is acting beyond their authority, attempting to impose their specific agenda. we believe these programs can continue, we'll be able to use the efforts we have in the past to be able to implement the programs cooperatively, not doing so bowing to the biden administration decision on having -- rejected. >> carley: attorney general, there is new pew research poll from earlier this year that shows 58% of adults feel

transgender athletes should be required to compete on the team of they were assigned at birth. should be required to use the bathroom of the sex they were assigned at birth. mixed bag of the american people and how they feel, do the poll results surprise you? >> they surprise me a little bit, particularly as relates to sports and progress that we made with title ix, we want women to have opportunities in athletics and this administration is ignoring the progross there. people of alabama have spoken clearly, we will make sure gender specific sports, you play with your gender god created you with and maintain gender bathrooms and this administration states to comply

with their agenda and we will continue to fight it. >> carley: midterm elections coming up a month from now, every topic can be viewed through the lens of the upcoming election. how does biden administration play out when it comes to elections? >> i think on this issue, one poll indicated, cuts across ideological lines. people of this country i believe are waking up to see the radical nature of what this administration is attempting to do, particularly involving our children and i think there is rejection of that at the ballot box. >> carley: attorney general marshall, thank you for joining us. did you hear this yesterday from the president? bold statement from president biden caught on hot mic during visit to hurricane-ravaged florida. >> president biden: one thing this ended is discussion about

climate change and do something about it. [bleep] >> todd: whoa, whoa, calm down. what does that mean? >> carley: salty language. >> todd: asking joe concha next. (bridget vo) with thyroid eye disease... i hid from the camera. and i wanted to hide from the world. for years, i thought my t.e.d was beyond help... ...but then i asked my doctor about tepezza. (vo) tepezza is the only medicine that treats t.e.d. at the source not just the symptoms. in a clinical study, more than 8 out of 10 patients taking tepezza had less eye bulging. tepezza is an infusion. patients taking tepezza may have infusion reactions. tell your doctor right away if you experience high blood pressure, fast heartbeat, shortness of breath or muscle pain. before getting tepezza, tell your doctor if you have diabetes, ibd, or are pregnant, or planning to become pregnant. tepezza may raise blood sugar even if you don't have diabetes. and may worsen ibd such as

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>> janice: good morning, are you ready for fall? it is coming, or a taste of it. 41 in fargo, 59 in new york. we're feeling that cold front as it moves across the northern plains, greater lakes and midwest. temperatures on friday, forecast highs into the 40s in minneapolis, in the 50s for the ohio river valley. saturday will dip south toward tennessee river valley and by sunday near the gulf coast, temperatures in the 60'ss here, so a taste of fall. your friday high in st louis.

certainly taste of what is to come, southwest, showers and thunderstorms yet again in your forecast, that area of low pressure that was giving rain and wind and yucky conditions to the northeast finally out of there, beautiful day today, 73 degrees as daytime high, 74 in chicago, 89 in dallas, so the southern u.s. still feeling the heat and hanging on to summertime temperatures. the tropics, number one, will it get a name in the next couple days? probably, but we think all of the guidance is showing landfall around nicaragua, but could become a hurricane, we'll keep you up to date. there is your tropical storm frequency in september, october and november. starting to get down in the -- not categories, in the bar

graph -- >> carley: we know what you are saying. we get it. >> janice: we're not in the peak season, on the back half of peak season. foxweather.com, by the way. glad it is friday. >> carley: always crystal clear, my friend. president biden meeting with governor ron desantis in florida, while there surveying the devastation, he took the opportunity to blame climate change and push the democrat's green agenda. >> president biden: there is a lot going on and one thing this has ended is discussion about whether or not there is climate change and if we should do something about it. >> todd: the president this this interesting hot mic moment talking to the mayor of fort myers beach. listen. [video playing]

>> president biden: [bleep] -- >> todd: whoa. >> carley: uncomfortable. >> todd: joe concha, author of "come on, man," joins us now, joe, i endeavor to read that a different day until they give the read to carley. serious business for a moment, care to provide all the people f'ing with a biden, north korea and opec just yesterday. >> joe: nothing like sounding like clint eastwood and samuel l. jackson in a disaster zone. by the way, nobody mess with biden? i believe the taliban did when they took kabul in the time it took to deliver pizza. saudi arabia did with raising gas prices here in this country by cutting back their production. china does on a daily basis with

biden and north korea launching missiles over japan, they appear to be doing that, as well. i get a kick out of the fact he says this storm was about climate change and we should do something about it. as if we spent trillions fighting climate change that would stop a hurricane that formed thousands of miles away from hitting this country that it did. it's just again, never let a crisis go to waste, one politician once said, i think rob mcdaniel. so many people hurt and being exploited. >> carley: a few days ago he said he was puerto rican literally. >> joe: i literally am. >> carley: got it. he made that comment when his son is under federal investigation, i don't know, reading too much into it, maybe

not the best time to be saying no one messes with my family. >> joe: great point. when the gop takes back the house and that is looking like it will happen, first order of business launching investigation into that laptop and tony bobulinski with tucker again this week, talking about him getting a call from the president's brother in the middle of an fbi interview, so many questions that so many in media are not pursuing, i guess it is up to either this network and a few other outletss in congress in the republican version to try to draw this out. the president could be compromised by china and ukraine and we deserve answers as voters. >> todd: carley took the serious question, i'll take fashion. media ignoring jill biden's heels after blasting melania trump for doing the same thing.

"new york times" claims melania finds herself on thin heels and failure to understand optics and accusing the former first lady of offering up fashion moment, we up the picture of jill biden doing the exact same thing. your reaction when jill biden does it and crickets? are those flats? >> carley: she was wearing wedges, i believe. >> joe: yes, i have a go-go machine and i looked before we did the segment and tried to see, can i find "washington post" or vogue criticizing current first lady in terms of footwear and you can't find it. melania was treated as poorly by the media by a mile. christmas decorations at the white house were ruthlessly mocked by washington post and other media outlets, she is a

legal immigrant and yet jimmy kimmel mocked her accent after reading to other than which at an easter event. melania speaks four languages or four more than kimmel. no surprise dr. jill biden gets a pass, double standard is the rule not the exception. >> carley: it is, interesting the difference in media coverage. >> todd: like to apologize for failing on the fashion front. >> carley: she was wearing heels, it is okay. more important things than shoes. thank you, joe. joke come on, man, come on, todd. >> carley: crime is a major midterm issue, will defund the police movement hurt democrats? one squad member doesn't seem to care. >> would you still double down or use the slogan defund the police? >> i if i canned fixed the problem and never have to say

defund again. >> todd: crime driving business out of chicago, what is lori lightfoot doing it about? cue it up. ♪ >> come on. ♪ baby, don't you want to go. ♪ the new subway series menu. the greatest sandwich roster ever assembled. for more on the new boss, here's patrick mahomes. incredible - meatballs, fresh mozzarella and pepperon- oh, the meatball's out! i thought he never fumbles. the new subway series. what's your pick?

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violent crime last year, but there are gaps in data from cities like new york and l.a. >> carley: joins us with more. >> new york and l.a. refuse to turn over crime stats to the fbi, even as national crime rate is up and continue to slash budgets as lawmakers continue their push to defund. >> if you could do it again, would you still double down or use that slogan defund the police? >> absolutely, fix the problem and i never have to say defund again. >> democrats continue defund talk, violent crime in l.a. shot up over the past two years for 22,000 in 2021, to 24,000 in 2022. and in new york, violent crime up 32% in just a year going from

over 71,000 in 2021, to over 93,000 so far this year. rising crime a key focal point leading up to the midterm with republican calling out democratic candidates for continuing to push soft on crime policies. >> john fetterman clarify his stan stance. >> hostile to law enforcement and happy to use them as his personal shoefer. >> he is anti-police, law enforcement have previously endorsed her when she was a leftist judge said, this is too much. they have now supported me. >> just yesterday a 17 year old tourist from nashville was slugged by a homeless man while visiting central park with his dad. good samaritans rushing to his aid and another senseless attack in new york city. back to you. >> todd: that kid got slugged.

>> carley: president biden is heading to poughkeepsie to lower cost and creating jobbing. just days ago, a father of three was killed in a hotel while visiting his son at college and may be tied to gang related crimes. new york assemblyman has no confidence. >> we have horrendous murder and bomb related equipment, a real threat to public safety. we want safe communities, we are not getting that right now. >> carley: many poughkeepsie residentss are waiting to see if the president will address this tragedy today. the white house is in panic mode as opec slashes oil production by two billion barrels per day.

the president plans to ease sanctions on venezuela expedite. taking to twitter writing opec says no, strategic reserve options all but gone, the white house says one option left is one option they should never have turned away from in the first place, u.s.-based oil and gas industry, life comes at you pretty fast. >> todd: white house makes plea for international oil, the everyday american taking a hit at the pump. average price for gallon of gas in america today now $3.86 per gallon, with that, bring in our panel of small business owners jason brown, co-owner of 1918 catering in birmingham, alabama. the owner -- east coast roots there, jason. how much of this gas price hike will you have to pass on to the consumer?

>> right now we're looking at small increments, from standpoint when you sea 29 cents or 39 centss on back of an item, small percentage we're having to try to pass on to the customer. our customers feel the crunch at the punch and with the current inflation and rise in cost of groceries and other items, so right now small business owner, we didn't have much margin to pass on anything to anybody at this time. >> todd: how are you seeing what higher gas prices mean for your customers? >> well, my customers whether they are in real estate and that is if i'm building them a new house or renovating their current house or as a realtor, selling them a house. we deal with what is happening right now and what will happen in the future and the sentiment comes into play. will i be able to afford it next

year if gas prices keep rising? we're dealing in bigger numbers, your home your biggest purchase and biggest investment and we've got to build that into a project that may take six monthss, nine months, depending on the supply chain. i have forecast gas prices out for a year and i'm going to go high as opposed to go low. i'm in the business to make money, not lose money. >> todd: jason, wee sitting on untapped fossil fuel beneath our feet, the president won't let us tap it. >> it is another example how the rich get richer, we see now how they are actually working together in conjunction with not releasing the barrels and prices going up. right now it is frustrating as

an american citizen, it does hurt my wallet, it hurts my back end. right now my thought process alternative ways maybe trying to find another way to defeat this big elephant we have in the room here, the gas we have in this country we're not even using. >> todd: buying electric car will cost money at the outset and you need to put stuff in it, cost and electricity, which costs money. joe, do you scratch your head when you think about what the white house is doing here or not doing? >> i don't scratch my head, we saw day one, he attacked the oil industry, canceling the keystone pipeline. i have simple solution to this, instead of using sanctions on venezuela, why not use sanctions on the frackers and use sanctions on the oil business

here at home? we were self sufficient not just two years ago, prices were at $2 or less and every time it goes up $1, my vehicle is on the street, that is $150 a week in gas per dollar, price of gas goes up. somebody has to pay for that and if i don't keep up with those increases in cost, i'm out of business, that gets passed on to my end customer. >> todd: releasing sanctions on venezuela, our friends, i guess, he could remove sanctions on iran, yet the evil people of texas have sanctions on them, and as a result, gas through the roof. makes no sense. we hope you get through it, appreciate you coming on this morning. thank you, guys. justice served for retired

police captain murdered during the riots. >> carley: his killer will spend rest of his life behind bars. dorn's widow, ann, joins us with their family's reaction to the sentencing. ♪ hit it!♪ ♪it takes two to make a thing go right♪ ♪it takes two to make it outta sight♪ ♪one, two, get loose now! it takes two to make a-♪ get double rewards points this fall. book now at bestwestern.com.

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>> todd: democrat lawmakers pushing their green agenda urging president biden to declare a national emergency. >> carley: latest clash weeks before the midterm election, cheryl casone is here with more. >> cheryl: good morning, group of senate democrats want biden administration to declare climate emergency, eight led by warren, markeshg y, writing the declar agsz would allow to go ahead, calling a national emergency, they want the president to create more regulations including more restrictive emission standards and investigating fossil fuel industry for quote, their quote, decades of lying. >> todd: who is threatening elon musk now?

>> cheryl: same chinese commentator trying to shoot down nancy pelosi's plane in taiwan now targeting tesla ceo elon musk, former chief editor of global times twieting elon musk released his personality too much and believes too much of the u.s. and west freedom of speech, he will be taught a lesson. added screen shot of online poll that elon musk put up on the war. >> carley: speaking of using personality too much, enter lori lightfoot and exit companies. >> cheryl: she is ignoring problems in her city, we're learning another large corporation leaving chicago while mayor lori lightfoot dances and sings. tyson foods is shifting to arkansas, the nation's largest meat company. hedge fund citadel moved their headquarters to miami, boeing

moving to virginia, but lori lightfoot seems just fine. ♪ ♪ come on. ♪ baby don't you want to go. >> cheryl: this as crime soars in chicago, up 37% from last year. she reminds me of our former mayor bill de blasio who looked fine, the city is great. >> carley: while the city is falling to pieces. thank you. the man who murdered david dorn during the 2020 summer riot system sentenced to life in prison without parole. ann dorn joins us now. thank you for joining us now, how are you feeling after the sentencing decision? >> good morning, carley, i'm

very relieved. >> carley: i'm sure you are and i've heard you say that the night your husband died, two lives were really lost, that of david dorn and the other of stefan cannon, because he is permanently separated from his family, life in prison because of the decision he made. on the night of a black lives matter riot, two black lives were lost. what a sad and frustrating reality that is. >> it is really. steven didn't take that into account when he took the actions he did, i don't think young men think about that, they are not just ruinning their lives, ruinning the lives of their family. >> carley: you are fighting against the defund the police m movement and cory bush recently had this to say.

>> if you could do it again, would you double down or use defund the police? >> absolutely. i fixed the problem and never have to say defund again. >> carley: what is your reaction to this? >> she spends 400, 700,000 on security alone using police officers to do it. her own city she came from is being destroyed by crime. and the police are needed and the community does not want to defund the police, they want more police. she is burying herself, digging her own grave. >> carley: crime is up, chicago up 37%, new york city 34%, 32%, philadelphia 26%. all these cities suffer from a depleted police force, how do we

reverse all of this? >> in st. louis, one of the lowest paid metropolitan cities in the country and you have to pay them and get an administration that supports them a prosecutor that will prosecute crime and that is what we're facing right now, our prosecutor won't prosecute crime and our mayor doesn't support police, how do you expect to keep police officer working when they have no backing from their city. >> carley: take a listen to fbi director christopher wray and what he had to say about left wing prosecutors, watch this. >> more and more we see and i hear from chiefs and sheriffs across the country, more and more some of the worst offenders continue to find themselves back out on the street. >> carley: continue to find themselves on the street because you have soft on crime

prosecutors and it feels like this idea is continuing to spread. look at what is going on in illinois, they just passed a no bail lieu, not for people who commit small offenses, murder and big-time crimes, so why do you think the idea are pervasive in the face of statistics that show they are not work something >> i have no idea what they were thinking, all you are doing is putting criminals back on the street with slap on the hand and letting them know it is okay, they will go back out and reoffend, proven they will reoffend. it will be up to the judges to hold them, up to our judges that have to really stand tall and make decisions who can be released and who is not and our prosecutors have to be removed one way or the other if governor has to do what desantis did to

get a change. >> carley: i know you say you will not let david's memory die and carry his name and help police officers get the respect back that they deserve, i say you are accomplishing that mission. thank you for joining us this morning. >> thank you, carley, i appreciate it. >> carley: gop lawmakers pushing to arrest more illegal immigrants with the policy the biden administration has seemingly abandoned. >> todd: michael cloud leading the charge to be sure ice agents are alouds to do their job, he joins us next. to do their job joins us next. to do their job, joins us next. to do their job, joins us next. to do their job, joins us next. to do their job,s us next. l to do their job, he joins us next. ow to do their jo joins us next. e to do their job joins us next. d to do their job joins us next.

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north korea firing for missiles toward japan after the ronald reagan aircraft carrier. north korea condemning that move calling it a serious threat to its stability. this year north korea has test-fired about 40 ballistic

missiles. this latest missile launch was its sixth one in just 12 days. republican lawmakers looking revamp a program that would require ice to cooperate with state and local police departments. >> in 2020 over a thousand criminal migrants were taken off our streets but in 2021 apprehensions declined drastically to under 400. since last year nothing has been reported. texas congressman michael cloud is leading the charge to get this program back on track and joins us now. congressman, good morning to you. tell us a little bit more about this issue and how you plan to address it. >> 287 g program that allows local law enforcement to cooperate with ice go through agreement process local officers receive training and day-to-day law enforcement activities come across an alien work with ice to make sure that person gets off the streets. it's a very simple program and

very sensible. anyone would want this in their communities for sure to make sure that these criminal aliens are off the streets what we have done under the biden administration aid and cartels in illicit activities but do everything they can to prohibit law enforcement in their communities. >> todd: this bill shouldn't be necessary. this the way it should work. this is the way congress intended this to work individuals and individuals are stepping in to make that not the case. does it boggle the mind a bill like this is necessary a bill that says follow the law? >> yeah. it certainly is we write the legislation with the thinking that the administration has the best intent of the american people in mind. when you see this happening to where, you know, applications are not being approved, the program is not expanded and in spite of the fact traffic as

grown exponentially. the people that have died from fentanyl poisoning in the last year or. so and, still, this administration does everything they can to tight hands of law enforcement in very overt ways and then in ways that they just slow roll applications to the 287 g program. so a lot of this flies under the radar but the biden administration is really not doing good service to the american people when it comes to protecting the communities. >> carley: congressman, your colleague in texas, henry cuellar told a our reporter bill melugin a conversation he had with dhs secretary mayorkas. mayorkas told cuellar he knows that the situation at the southern border is bad but he said there are immigration activists in the white house and there is nothing he can do about it. so the dhs secretary is reportedly admitting that the situation is far worse than what the biden administration is admitting. and his hands are tied. there is nothing he can do to

fix it. what's your response to that. >> well he may say this in private but he has to stand up and have a backbone when it comes to doing his constitutional obligation to protect our borders. if he can't do that, then certainly on the table come next term. you know, he has lied to us in our face about what is happening when it comes to the trafficking that's going on. we have seen, you know, our governor, greg abbott send migrants to some of these sanctuary cities and we have seen an uproar over that the thing is the federal government is doing this for a long time and secretary mayorkas sits to us here and lies about it. and he is not acting in good faith toward following the laws or protecting the communities that are affected by these cartel activity and if he can't do that. why are you in the job. >> congressman, under joe biden's leadership more than 3.5 million migrants have been encountered southern border. 13 lurks migrant deaths and 250

terrorist encounters have also been reported. safe to say no democrat in congress say for henry cuellar say as carley mentioned going to vote for your bill. is this a day one vote when republicans take back congress if the people of the country go out and vote in republicans on november 8th? >> i can tell you the border has got to be top priority. it certainly is top of mind of the american people. and they understand we can't have safe communities if we're not willing to protect our borders. and so this, along with the other things that need to be done, restoring country, completing the infrastructure at the border. getting the technology, restoring our border patrol agents. they are been so demeaned in this process and this administration has done everything they can to discourage them. but anything we can do to build them up to give them the funding they need, that's all got to be part of a package that comes for securing our border and enabling the rule of law in our community once again. >> congressman michael cloud

thank you so much for getting up early with us and joining us. this is an interesting bill. taps law to enforce the law see in it happens. >> carley: thanks, congressman. >> todd: did you hear about this the protester ran onto the field 49ers rams game has filed a police report against the two players who stopped him and the nfl. the animal rights protester was laid out by rams linebacker bobby wagner and mckinley when he attempted to make a statement in a puff of pink smoke, carley it is correct that means it's a girl. he is considering all options after filing a police report for assault. animal rights group everywhere taking responsibility for the demonstration calling wagner's tackle a blatant assault even though the law says it is not a blatant assault. dolphins quarterback ta t tag du

love your family it's time to gal lently walk away. go find something tolls do. stop playing. >> that neuropathologist discovered believes the quarterback suffered severe long-term brain damage hope that's not the case. >> carley: ed to great being with you. >> todd: likewise my friend. >> nobody f's with a biden except for venezuela, saudi arabia and every other oil producing nation. >> cut 2 million barrels per day. >> just because joe biden has no gas left in the tank doesn't mean the rest of us should. >> continue the 24/7 door-to-door search for survivors. over 234,000 floridians still without power. >> i told him how proud of him i was. >> president biden praises gulf coast heroes victims of the hurricane. they will be fired because of his vaccine mandate. >> it's