thanks. voya provides tools that help you make the right investment and benefit choices. so you can reach today's financial goals. that one. and look forward to a more confident future. that is one dynamic duo. voya, well planned, well invested, well protected. >> greg: out of times. thanks to dennis miller and emily compagno and kat timpf. >> trace: i am trace gallagher. this is america's late news.

fox news at night. breaking tonight the state of texas getting marching orders from the biden administration telling governor greg abbott to lead federal agency back in or there will be consequences. governor abbott ordered the texas national guard to seize control of the park with the massive influx of illegal immigrants. >> the clock is ticking for the wednesday deadline. it doesn't appear either side is backing down between abbott and president biden. shelby park in eagle pass, texas it, is what the u.s. border control uses to process migrants crossing into texas. texas fenced that off to slow

down crossings. the biden administration said that's unconstitutional. following the drownings of a mother and two kids the department of justice filed a request with the supreme court to get access. dan patrick said his state is not endangering migrants. he blames president biden's lack of action at the border >> i tells them to go in. if you drown so what. joe biden has a cold heart. >> texas has until wednesday to r row -- remove those barriers. if that doesn't happen the biden administration will refer the matter to the doj. >> greg: pete peterson and

salvador. thanks for coming on. pete, here is why the number 1 issue in the iowa caucuses was immigration. butt this up. free healthcare. migrants get up to 2 years free rent for new passport. insurance will cover sex changes for illegal immigrants. these things that citizens can't get. seems to me like bad public policy. >> and making bad politics. this is the number 1 issue for gop voters. it's for a lot of these reasons. a lot of the attacks have gone against governor abbott for buzzing illegal immigrants into blue cities. what the attention should be on.

border patrol is bussing illegal immigrants into cities without any notification and it's happening across the country. >> trace: a new york city council member said my constituents are terrified. they have people at their door bell. they have a telephone and it says this english i am a migrant, please give me money. we hear this in your part of the country salvador all the time? >> yes, it'sa shame what is going on in our cities and

everything else. we are invaded. the biden administration, they put on the backs of the people of new york city. it's a shame what they are dog with us. we don't have anymore rights. they have more rights than we have as citizens of new york city. >> trace: do you feel like you are not being heard? >> we are not being heard, no. they have more rights than we have. 7 days a week we are out there so we can have our law enforcement stay out. that's not working. there is no curfew.

a private industry runs the shelter by our house. they have ankle bracelets and they remove them. they don't will us what they are for. are they criminals? they should not be near our sch schools. >> trace: this is randy johnson talking about what the vets of the country are not getting. watch. >> there are a lot of vets in this country. a lot that are homeless. poor, hungry. we are giving money to people that don't even belong here. who never came here. never paid taxes. they get all of the benefits you and i would get but don't earn it. >> trace: the veterans can't get in to see healthcare, pete, for many months. final thoughts? >> this is where the bad policy is leading to bad politics for

the democrats. we are seeing other people get better benefits who are not citizens. schools are being closed in new york city in order to house illegal immigrants. those families not being able to send their own kids to schools. that's ran array of public services where the illegal immigrants are placed at the head of the line lady of american citizens. >> trace: everybodys want to do the right thing but wants fairness. immigration was issue 1 for the iowa caucus. now the gop presidential contest moves along to the state of new hampshire. team fox coverage on the heels of former president trump big win. live in iowa. and brian live in new hampshire looking ahead to next tuesday's first in the nation primary. brian, good evening. >> trace, tonight former

president trump flew from the courtroom in new york city where he faced a civil defamation case to new hampshire. ramaswamy shared the stage with trump for the first time after dropping out of the race and endorsed the former president. he called on nikki haley and ron desantis to drop out. >> we have these two people. we have to get on to beating biden and not wasting time with these two. >> tonight at a rally nikki haley pitched herself as the most electable candidate. >> on a good day trump will up by 2 points. i am in every one of those same polls. i defeat biden by 17 points!

>> desantis is in it new hampshire. but first stopped at nikki haley's home state of south carolina where he is polling better than than in the granite state. attacked nikki haley and trump for choosing not to participate in a republican debate that has been cancelled. haley looking to secure a solid second place finish in new hampshire but desantis thinks it won't matter if she loses her home state of south carolina. >> trace: what we have learned? >> a few surprises out of the iowa caucus. many lessons learned. the candidates stump in it new hampshire. according to our fox news voter analysis, it revealed that the frigid cold did not stop the

trump base from coming out. the former president trump more than doubled the 24% in 2016 making his 30 point win the largest in the iowa caucus. trumpdom fated in every demographic group by double digits including winning 55% of the white evangelical christians. an advantage he won't have in new hampshire. ron desantis did not win any major demographic groups but had an 11 point advantage over haley over white evangelicals and a 7 point advantage among those who think abortion should be illegal in most cases. haley has the strongest connection can college grads and political moderates. and fox voter analysis found she

had a 17 point advantage over desantis over abortion. the two leading issues that brought people out on monday night was the economy and immigration. those are the top-issues for voters in new hampshire. my mouth is freezing. [laughing]. >> trace: you have been great all weeklong. president biden fund-raising off trump's win in the iowa caucuses framing the general election as a battle against maga republicans. the senior national correspond kevin cork is live. >> team biden announcing it raised more than 97 million dollars. this the fourth quarter of 2023. 1 $17 million on hand. that's some cash. highest total by any democrats

in history. powered by grassroots enthusiasm send a clear message. our democracy and hard fought bask rights and freedoms are on the in line in 2024 and these numbers prove the american people know the stakes." former president trump said biden is the worst president in history and he is destroying our country. the fact that the target ever of his-ire is raising money off the barb might surprise some. this election is always going to be you and me versus extreme maga republicans. it was true yesterday. it will be true tomorrow. if you are with us, chip in now and apparently a lot of people are. to be sure mr. biden will need

that money for his reelection campaign. the president trails the former president in almost all of the national polls. team biden held 110 fund-raisers including 39 this quarter while the president's daily public schedule for the job right now remains relatively light. >> trace: wait until the presidency the atlanta journal's constitution numbers. thank you. let's bring in the editor of restoring america along with president and partner lee. joe scarborough says that it trump getting 51% of the vote is bad news. >> in barack obama took 4 years off and then ran in a democratic

caucus this iowa, would 50% of democrats vote against barack obama is this we can sit here and put on sackcloth and ashes and moan about donald trump getting 51% of the vote. to win general elections that's not good news. >> trace: i don't know if you are bashing on a guy that broke every record available. only on msnbc can you have that. your thoughts? >> i heard a lot of democrats were flipping on that. saying he is an incumbent. yesterday we talked about him breaking 50%. it's not good enough because he is an incumbent. that's ridiculous. he has a swift and amazing victory last night in iowa. you might not like it. that's fine. he exceeded all expectations.

>> trace: the democrats are issuing warnings. david should another warning to the biden campaign. here he is. >> the president and his campaign need to get into gore. they need a message. they need a message that takes in not just democracy but the day-to-day concerns people have and prosecute it every day. that's what winning campaigns do. >> trace: last time that he said something negative against the president he called him a bad name that starts with p. >> the biden campaign has no choice but to run on this threat to democracy. they can't run on joe biden the person. he is not getting any younger. he is extremely unpopular right now. they can't run on his policies because they made americans lives worse. they repeat the 2020 strategy

that trump will bring back fascism. the problem is not only is joe biden running behind, but also that voters remember what a trump presidency was like just a short few years ago. by the way, the world did not end. things were a lot better back then. toe drum up the supposed fears of authority they are not landing the same way this time around. >> trace: the atlanta journal constitution had a now poll come out that is enlightening. look at the numbers. i would like to get both of your opinion on this poll. 30 seconds each. >> this is amazing for donald trump. he didn't win the state in 2020. he's got a great lead here. and just a couple of months ago this was a virtual tie. he is ahead in georgia, a really important state. in he carries georgia that would

have a huge impact on the election. >> trace: big numbers going on trial in georgia. you didn't win it last time. >> absolutely. it's not just georgia. the latest bloomberg poll has trump leading biden in all 7 of the major swing states. this won't be 2020 all over again. the democrats are frightened of what will happen this november. >> trace: yes. thank you both. the pressure ramping up on fulton county georgia district attorney fani willis under for her alleged romantic relationship with the attorney she hired to prosecute donald trump and now she is playing the race card. >> fani willis is facing misconduct allegations accused of having an improper romantic

relationship with nathan wade who was hired by willis for the case against donald trump. willis hasn't denied the claims but said they were racially motivated. >> i appointed three special counsels which is my right to do. paid them all the same hourly rate. >> more liberal news outlets noted that the other two special counsel were not accused of having a romantic relationship with the d.a. he took her on lavish vacations. allegation the "washington post" could amount to fraud if prune true. lawyers for a former trump campaign official filed a motion to keep her from prosecuting. the judge will schedule

a hearing. that judge could determine a sea if a serious conflict of interest exists he could remove the case. that would create more legal headaches determining who would take that case. >> trace: prosecutor wendy patrick. this is what fani willis said about the accusation. watch. >> a woman of color, it would not matter what i did. my motive, my ability and my character would be constantly attacked. >> trace: you looked over this. nothing to do with race. he is making all about race. >> a special prosecutor is brought in to handle a special case. that's because you want to hire somebody with experience.

with a unique skill set that is designed to handle the case at issue. here you are looking at a high profile case with the incumbent president and maybe the next president of the united states and a series of co-defendants. it's complicated and involved. the serious allegation here is experience and does he have it? >> trace: the "washington post" headline reads he has little prosecution experience. >> that's what we have been hearing most about. we heard that impassioned plea from fani willis at church. wait for the legal pleadings to hear what rationale she had for hiring him. how do you fix it?

a judge will have a hearing to decide if this is improper. was he hired without experience? where do we go from here? >> trace: i am out of time. the elder parole time in california said anybody over 50 eligible for parole regardless of the crime you committed. >> we don't think about this being elderly or less dangerous to be released. victims are up in arms about this. it used to be 60. in it 2021 we kicked it down 10 years. not the right direction. >> trace: wendy. thank you. a statewide ban on tackle football for kids under 12 is up for a vote in california. we are joined by a doctor and two football moms. later a woman goes viral for

posting a video of herself getting fired from her job. all 9 minutes. it divided the internet. should she have secretly recorded the video and posted it online for the world to see? let us know on x and instagram. we will read the comments. a live look at seattle. a lawsuit to block the merger of kroger and albertson's stores. in michigan an arctic air advisor. a live look at philadelphia's international airport. a good dose of weather related flight delays. we'll be right back.

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>> trace: california lawmakers may vote for a ban on tackle football for children under 12 years ago. our senior national correspondent is in los angeles with a look at both sides. >> a million children play tackle football in the u.s. california aims to change that. >> kids only have one brain and one life. there is irreversible damage to kid's brains that is unnext. >> an assembly man's bill would ban tackle football for anyone under 12 years old. >> they should not experience hits to the head on an annual basis when there is an alternative. >> a college player cites the

risk. >> it's a dangerous and violent sport. >> the head impact regardless of severity lays the foundation for brain injuries. >> but football opponents say is unfairly signalled out. >> there is no comparisons in soccer or ice hockey that have concussion rates similar to it youth football. >> i oppose this bill. >> many parents see this as yet another government attack on their rights to decide what is in the child's best interest. they say the bill robinson those in the poorest neighborhood an opportunity. >> tackle football is imbedded in these communities. it's a lifeblood and service as a vehicle to education and opportunity and alternates to negative activitys. >> a majority of conservatives favor youth task football and

liberals do not. the vote had it week could be close. >> trace: thank you. >> ♪ ♪ >> trace: fox news at night common sense department understands that california is on the verge of telling parents what is good for their kids deciding whether to ban tackle football for kids under 12 to prevent concussions. football has a history of players suffering brain trauma after repeating blows to the head but kids suffer just as many head injuries playing lacrosse, soccer, field hockey and skate boarding. california is not coming for the skate boards or the hockey sticks. just the charlet pads. -- shoulder pads. which is unfortunate because many kids playing football come

from under-served areas and they are more likely to end up on the streets. the common sense department played tackle football in california from 8 to college. it was life altering and because a war veteran dad said go ahead. last week california again warned parents they do not have the right to be told their child is changing genders. maybe it's time we let the parents tackle this one on their own. politico is reporting that governor newsom will veto the tackle football ban if will passes. let's bring in our medical contributor, a california mom of three boys between ages 7 and 14, and a parent and school board member. thanks for coming on. we appreciate it.

ashley, you have three sons that play tackle football. i will play video while you talk. tell me what you think about this ban in california on tackle for kids under 12. >> i think this ban is terrible. i believe our constitution was written to protect its citizens from politicians like mccarty. we live in a country that maintains parents have the right to raise their children as they see fit. they son wanted a skateboard for christmas. i think they are too dangerous. we didn't get one. our neighbors are free to get a skateboard. we will be happy for them but we

won't purchase one. the legislation needs to worry about more important things in the health of our children like the opiate crisis and not whether or not my child is playing a sport. >> trace: jennifer you are a parent and also a school board member. what is your position? >> well, i agree. in 2019, ab-1 was passed. that was to enforce greater safety regulations on football for youth. we have not had a chance to see that come to fruition yet. right after that was passed covid happened and there was no sports. our kids are barely back in it. i am a parent that it initially didn't want my son to play football. i was worried about concussions. once he grew old enough to play,

he has high functions autism and tackles everything in sight. this is something he needed for his energy level. he's played 3 years learning teem work. it's fantastic. >> trace: you support this ban. can you put the kids in a bubble and go against the parents' wishes. what is your stance? >> i love football. i love watching it. no one is talking about limiting college or high school or professional football. the concern is in kids under age 12. some parents will choose to not allow their kids to play football because 10 to 20 kids a year die from football and others have serious injuries and

spinal cord injuries. 4 million kids play each year. so one school of thought is make the sport safer but the equipment is not perfect with kids that small. >> trace: the rugby and field hoke hockey concussion rates are static. does that play into your consideration for younger kids? >> fighting, boxing and football are at the top of the list with concussions. football has the highest number of kids hospitalized for injuries. 215,000 a year. more than in other sports. all sports have risks. >> trace: yes. ashley, does it sway you, or what would you tell the doctor: more important what your child gets out of this or the down falls of being injuried? >> well, i will say that my children have gone to their pediatrician every year for their sports physical.

not once have we been deterred away from playing tackle football. s she asks about their season and never raised alarm. each one of my boys have had sports injuries not related to football. there is that too. >> trace: jennifer, your final thoughts for the doctor? >> it's a parental rights issue. i did my research. i knew the risks involved and weighed out the benefits. the benefits outweighed the risks. we got news that governor newsom plans on vetoing this bill. this will boe be polled tomorro. >> trace: doctor, convince us to

wait until 12 years old? >> some schools are going the flag football route for kids under 12 and play tackle after age 12. that may be a healthy compromise. >> trace: thank you all. best of luck. coming up remember the ohio pastor we interviewed a couple of weeks ago? he went to court to defend his right to help the homeless. he has an update on his case. we should tell you for the past two nights in his town of ohio it's been negative 2 and negative 4 degrees. he wants to bring the homeless inside. we come back with them live next. needs to be for more than just work. like when it needs to be a big soft shoulder to cry on. which is why downy does more to make clothes softer, fresher, and better. downy. breathe life into your laundry.

my name's cody archie. and i'm erica. cody: and we're first generation ranchers from central texas. erica: and because of tiktok, we're able to show people from all over the world where their food and fiber come from. cody: we have dorper sheep and we have beef cattle for the sole purpose of going into the food chain. we use tiktok as a tool to inform people of what we do and why we do it. there's just a plethora of knowledge and of information swapping going on there. tiktok is helping us protect this way of life for future generations. >> ♪ ♪ >> trace: first up in tonight's real news roundup. owning a car in america is a lot more expensive with the average price raising to more than

$50,000 in it 2023. even a used car is $31,000. experts expect prices to fall a bit in 2024. arctic weather froze many parts of the u.s. and snowless streaks have ended in new york. power grids are strained in texas to the ohio valley. negative-2 and negative-4 temperatures are there but the city is harassing a pastor who wants to bring the homeless inside. he joins us with his attorney. milwaukee journal said as folks

freeze to death in milwaukee an ohio pastor charged with housing the homes. the city is still hounding you. what is the latest? >> my prayers to families who lost loved ones in milwaukee. that's terrible. my prayers out to them. we have an arraignment in court this past week on thursday and go from there. our mission remains the same. that's to share the good news of christ with people 24 hours a day, 7 days a week. >> trace: it's amazing. these are the temperatures for the past 5 days. i am sure its not much warmer tonight. why do they care if people sleep inside and stay warm? >> that's a great question for

the mayor of bryan, ohio. he is the only mayor prosecuting a pastor for having his church open 24 hours a day. the mayor should come to this church and thank them for taking care of so many people. whether they are millionaires or people in between housing for the moment. this ministry is necessary for bryan, ohio and for any mayor in this country. this mayor to prosecute a pastor to care for those who walk through his doors is shameful. >> trace: public opinion is on your side. it doesn't sound like you will give up. you said you are staying on the mission. what is that mission, sir?

>> i appreciate the public and my main concern is god with us. that's my main concern. our mission remains the same. we are hear to lead the lost to christ and sharpen them in his word and teach them to be good citizens and send them out into the world to make disiples and raise them up. that's the mission of the church since the beginning of time. hopefully we do that well. it's our plan to keep doing that until something changes. >> trace: pastor, have the people you are helping weighed in on this? have they told you how much they appreciate it? >> sure. yeah, they appreciate it. more importantly i think it's deep in their appreciation for

their lord which is again what we are all about. i am thankful of the community and the people at church. all arrows point to christ. he laid down his life for us. we try to follow his example. i am doing the best i can and the others are doing the best they can. we love to get together at the table with anyone in the city and do it even better. that would be amazing to do this as well as possible. >> trace: jeremy, you will stay on this fight? >> absolutely. if mayor slade wants a conversation, we are open to that. it's difficult to have that conversation with 18 criminal charges against this pastor. mayor, we will sit down and talk. will you? >> trace: thank you both. we will check back in it with you. the internet divide over a woman

who secretly recorded her 9 minute firing and posted it online. even the ceo admits it was painful to watch. was this a smart move or not? tell us why on x and instagram. lots of comments coming up next. stay with us. providing for your family is a top priority. but what happens when you need affordable health care? christian health care ministries could save you up to 40% today. as a member, you can choose your provider without network restrictions. sign up at your convenience with our anytime enrollment. join a christian community that supports each other's medical expenses, offering peace of mind as you prioritize what's most important. enroll now at your chm dot org

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>> trace: back with the night cap crew. tonight's top ittic. a young woman went viral posting a video of herself being fired from a tech company called cloud-fare. do you think it's a good idea to secretly record your employer firing you and posting a video online? >> i think it makes the company look bad. i would not do this. i think it highlights that this person should have been told what she was fired for and done by someone she actually worked with. a lot of missteps by the company. >> trace: divided the internet. >> filming your fire is not a good future employment strategy. this woman was not there very

long before she was fired. i don't think it's about why it was done. >> trace: he said once it's on the internet it's there forever. that could ruin future employment opportunities. never a good idea to post work content. tommy said, life is a stage and the men and women are merely players. >> i agree with wendy. i don't think it's a good strategy. a company looking at this person in the future, wait a minute, i am not sure about this. >> doctor? >> all the more reason not to do anything virtually. do it in person. >> trace: kevin cork recording anything and putting it online? >> i agree with everybody. i can't imagine the thinking. if you think about your future,

would you touch that employee? i would not. >> trace: ashley, your thoughts. >> she made herself a liability with any company. >> trace: stephanie say good-bye to all of the job openings. bad idea to post work videos. and maggie says instinct says no but those sorry excuses for hr should be ashamed. did we get everybody? i think we did. there we go. that's the viral video. thanks for watching fox news at night. see you back here tomorrow night. and wakes up feeling like himself. get the rest to be your best with non-habit forming zzzquil.

♪ ♪ my name is sister monica claire. because of tiktok, i've created a community where people can feel safe asking questions about spirituality. i try to provide a really accessible way of them learning about religion and spirituality, that's not intimidating. somebody in the comments said, i have no idea how i got on nun talk, but i'm not mad about it. i'm going to teach you how to pray. i'm going to teach you how to meditate, how to connect with a higher power, because we need that. we need strength and comfort.

breakfast. plan to do o ♪ ♪he >> jesse: hello,