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of the border still very much out of control and a bipartisan senate deal trying like heck to get it under control, but tom emmer says that a deal is dead on arrival thiess in the house. he's here and so is south carolina governor henry mcmaster on what he and two cousin other republican governors are doing to help texas in its legal border battle with the white house. and peek of legal battles, donald trump vowing to appeal that a whopping $83 million jury verdict the in his defamation trial. does he have a case to reverse it? if we are on it. all over it, actually. good morning, everybody. happy to have you. i'm neil cavuto. there's a lot going if on with the border patrol just now announcing that a new record high migrant encounters were noted in december, better than 300,000. president biden saying he is ready to sign a senate bipartisan deal on the border, and the day he does shut down the boarder in so doing. a lot of people aren't convinced

that will be the case. lucas tomlinson at the white house on where all this stands. >> reporter: well, neil, first we have an old fashioned texas standoff after this week the supreme court ruled that greg abbott must remove that razor wire on the border with mention sew. -- mexico. the governor has refused. here's the reaction from karine jean-pierre. >> but it's not about the governor of texas. it's about the people of texas. because you hear me say this and he has said this, he's a governor for -- he's a president, pardon me, for red states, blue states. >> reporter: 25 republican governor are rushing to the defense of governor abbott, that's half the states in the country, and nobody needs to check my math on that, neil. and as you so definitely reported in new hampshire, voters there and across the country say immigration is one of the top issues facing the country. a recent abc news poll says biden's ail priewfl rating of his handling of the southern border is just 18%. here's his reaction to the

supposed deal that the the house speaker says is dead on arrival. quote, it's long past time to fix the border what's been negotiated would, if passed into law, be the toughest and fairest set of reforms to secure the border we've ever had in our country. it'll give me as a president a new emergency authority to i 14u9 down the border when it becomes overwhelmed. exactly what many lawmakers say today, neil. migrants that would be allowed into the u.s. under this proposed agreement as you mentioned off the top, 150,000 per month. that's 1.8 million per year. that's the population of phoenix, neil. and the latest migrant encounters, there was over 300,000 encountered in december, that's a record for the history of the country for a single month, and 785,000, more than that, since october. here's congressman pat fall ifon from texas on your show yesterday. fallon. >> this administration's doing absolutely nothing. they're trying to pimp texas, neil, for -- punish texas, neil, for their refusal to enforce current immigration law.

i'd love those governors to send us more raise razor wire and send us their troops. >> reporter: president biden is off to south carolina today ahead of the prir -- primary where his name will be on the ballot for the first time. we'll get into that more next hour, neil. moo neil it's huge news where the administration seems to be open to hutting down the border, it -- shutting down the border, get a quick yea from everybody, far from that in the house. i guess it's dead on arrival in their eyes, but what does the president mean the day he would sign it, he would shut the border down. there are caveats, aren't there? >> reporter: certainly. and it all a depends on what your definition of shutdown is. this proposed plan allows up to 5,000 migrants a day, that would be 1.8 million in a year which is certainly drawing the ire of many house republicans. certainly, election year poll politics is playing into this heavily, and we'll have to see what former president donald trump has to say. he's already signaled this is far from a perfect if border deal and thinks people shouldn't vote for it.

neil: and that's the pressure that's on particularly in the house right now because he doesn't like it, they're staying away from it. >> reporter: far from h.r. 2. neil: thank you, my e friend. garrett tenney on the fallout for democrats in chicago where a good many of them are not pleased with business as usual when it comes to the border or the president. take a look. >> reporter: neil, you have lifelong democrats who have never in their lives voted for a republican who now say they are leaving the party or at least considering another option over the biden administration's border policies. if there is just a huge amount of outrage in black communities across chicago over the migrant crisis and how the city and state have spent nearly $8000 million to take care of the migrants while ignoring the lack of resources in black communities that have been happening for decades. >> are the migrants being, getting more than blacks? absolutely. absolutely. >> why would you keep bringing someone in you don't have the infrastructure and you don't have the finances?

>> right. >> they could stop this, like, tonight if they wanted to. >> reporter: mayor brandon johnson has faced protests in neighborhoods across the city for trying to take over community centers to house migrants. and as the flood of people coming across the southern border continues, there is growing frustration with president biden for allowing it to happen. and it's an issue that could ultimately hurt him with this key part of the democratic base come november. >> [inaudible] in terms of parties, in terms of support for the neighborhood, support for black people in general. >> but what i say to president biden and the entire democratic party is that you have missed the mark with this. and you have lost some very committed voters. >> reporter: nearly half of black voters in a recent fox news poll said they disapprove of biden's handling of border security. the other big concern for democrats is if many black voters decide to sit out this election, especially considering

president biden has credited black voters with putting him in the white house. if neil? neil: all right, thank you very much, my friend. in the meantime here, there's a buildup even within the republicans to say that we've got to do more than just support governor abbott, we have to make sure we're providing him the means to challenge the white house. take a listen. >> i'm glad there are republican governors around the nation that are staying we stand with greg abbott in texas. but, okay, now what? do you really stand with us? if are you sending the national guard? are you going to tell president biden to pound sand, that we're not going to follow whatever nonsense he's trying to force upon the people? it's not just texas, the whole country is made weaker for this. neil: all right. now to a governor who's doing just that and a lot more. henry mcmaster, the republican south carolina governor. governor, always good to see you. so you are sending troops, and you are committed to doing whatever's necessary to help governor abbott, but this could be the making of a constitutional crisis here. what do you make of it? >> yeah, it already is, because

the president's not enforcing the laws he's required to do by the constitution. so texas, greg abbott, dan patrick, they're having to step in. i think that lieutenant governor path rick estimated that by the end of the year -- path rick, estimated there'll be something like 10 or 11 million illegals that have come in. i don't know if that includes the ones we don't know about that got away. and that's bigger than most states. south carolina has 5.3 something million people and you're talking about 10, 11,000 illegals we don't know who they are, what's on their mind, where they came from. they're totally abandoning the immigration laws designed the not let this kind of thing happen. so we're in deep trouble. neil: you know, governor, i understand exactly where you're coming from, where your passion is coming from with all these other governors including governor abbott himself. but the supreme court was the one that ruled all of that stuff has to come down and someone's got to go in there and take it

down. how do you feel about that, that this was a supreme court ruling? >> that's not what they said. what they said, i just read the opinion again. what they said was that the agents, the federal agents could cut the wire, could destroy the wire to go through as necessary, but it did not say that texas had to take it down. in fact, texas can keep on putting up which is, i priewrnlg exactly what they're going to do. and after border patrol wants to cut it to save somebody, they can do that. but if you read that opinion, you see that the biden administration is saying they want to go in and help people and save people and that sort of thing. but according to the facts as found by the lower court, the border patrol is going in cutting out big hunks of the wire, throwing down rope ladders or ropes is and pulling people, assisting people to come in and not checking them, they're just sending them down the road to hope that they find a place to land somewhere. that's not any kind of border patrol, and that's, that kind of thing can destroy this country.

neil: but what if agents do come in, governor, and start cutting that razor wire down? and since you said focus on just that that which was the real message of the supreme court to your point, they come in, i'm wondering how governor abbott should respond. >> patch it back up as soon as they leave. they don't say they can cut it down and keep it down forever. they can cut it down if they need to. it reads like a temporary measure. but, again, it does not say they can't put the wire back up. this is ridiculous for the state of texas and anybody else to have to be doing all this. clearly, under the constitution the executive, the biden administration, the u.s. government is supposed to be protecting that board -- border, and the constitution also says if they don't and we have an invasion which, of course, this is it looks like, then the states can act. so that's what greg with abbott and the state of texas are doing.

we're 100% with them. i cannot understand and i don't know anyone who can understand a good reason why the biden administration is simply if abandoning these borders. we don't have -- neil, we've even had reports we can't find any details on it of planes coming in at night at the columbia airport and a bunch of folks getting off and hustling back with no identification on the planes and no knowledge about law enforcement. we've tried to find out if illegal ail a yens are coming here. -- aliens are coming out. we can't find out, and the administration won't tell i. neil: you're talking about migrants that are making their way through planes into columbia, south carolina. >> that's correct. neil: we've heard much the same. meanwhile, the president says he is all for this largely senate measure that does seem to have some bipartisan support doesn't seem to be going anywhere in the house that would fix the asylum laws, deal with some of the parole loopholes that you and others have talked about. and the president has indicated you pass that, i'm going to shut

down the border the very day i sign that. but, of course, there are big caveats to that, that it wont be a -- wouldn't be a complete shutdown. what do you make of it? >> i think that's a delay. i don't know i would take what this administration says with a grain of salt. just like they've been saying the border is secure. i've been there myself. when i went there just in 2021 shortly after, i think it was the april or so, we went to i think it was to either del rio or el paso and saw the wall that president trump had been building, and this it was. it was a glorious thing. and then where it discontinued, there was a little fence. but along there they, there were all kinds of tractors and steel beams and must have been millions of dollars of equipment had been sitting there since president biden shut it all down. we is saw four or five people jumping the fence down the way and scattering away, and they were picked up by border patrol.

but now, neil, these things we're seeing on television, it is hard to believe that the president of the united states is allowing all of these people from all over the world to just come in. and, of course, they processing them or trying to, a lot of them are getting away. those people aren't going to show back up for the hearing. we don't have a border, and it is i think the repercussions of this are going to be very serious. very serious. neil: so you mentioned president trump. you are endorsing him for president. he's your pick to be the party's nominee. he's leading by a country mile in some of the polls i see in your state. is this nikki haley's last stand? >> oh, i don't know. i think president trump is going to win south carolina handily. i think he's going to go on and win most of the other states by big margins, and i think he's going to be the next president. but this -- we have, as you know, we have a history here in the republican party of picking the nominees. we've got it right every time except one since 1980.

and and we're ready to do it again, and that's going to be donald trump. neil: if nikki haley loses by the margin she could in a few weeks, should she drop out? >> i'm not going to give advice to any candidate except for president trump, and that is, please, run hard. we're proud of you and is we want you, want you to pick up with you with left off, and we're looking for a very bright future for the whole country. neil: got it. sir, always good chatting with you. thank you very much. >> my pleasure. neil: a lot of developments happening concurrently. we're going to go to the border pretty soon and talk to house majority whip tom emmer where that measure is ored dead on arrival. and then the latest on that a whopping $83 million plus damage settlement for one donald j. trump. the implications of that and whether donald trump will ever have to pay it if the appeals process goes on and on and and if on. after this. get a newday 100

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[background sounds] [laughter] neil: e. jean carroll not taking any shouted questions with after a jury ruled donald trump owes her or $83.3 million in compensatory and punitive damages. donald trump vowing to appeal that verdict, and that could take some time. the tom dupree joins us now, former deputy attorney general. he doesn't have to pay anything until all appeals are exhausted, but my understanding, tom, something like that could take quite a long time. years, or right? >> neil, that's exactly right. the former president does have a right to the appeal. he can appeal this to the second circuit, a and then potentially he could try to get this appealed to the united states supreme court. so is he's got some cards left to play, and i do think the appeals process is going to stretch on for a number of years. and, yes, as long as he provides some sort of collateral or security or bond that can cover

the amount of the verdict is, you don't actually have to pay it. so he could still be years away potentially from having to pay e. jean carroll. neil: this was the all because he kept talking about the case after the original verdict against him and he had to pay the $5 million. could you explain that and why he's in the pickle he's in now? if. >> sure. well, i think the court in its prior case basically said you can't make these types of statements, and the former president continued to comment, continued to publicly speak, continued to tweet. and i think that e. jean carroll's lawyers basically said the only way, to the jury, the only way you can get him to stop doing this is to hit him with a substantial award with. and the if award that they rendered yesterday was staggering. it's more than $80 million including it's about $65 million in punitive damages which, again, is somewhat extraordinary. but this is an extraordinary case. and i think from the judge's and the jury's per spect andive, this was the only possible way to get the former president to

stop making these types of defamatory statements. neil: i know the legal kind of details on this and what someone and can't do in the face of the decision like this, but if you're protesting to the hills as the president has for years now that this never occurred and you're shocked when a guilty verdict was rend orerred for something you swear on a stack of bibles you never did, can you understand his rage at this? if because every time, you know, he made a point of getting to that court and being there just to see this unfold, you did get the impression, a lot of backers got the impression that this case was marley important to him. -- particularly important to him for that very reason. so does that a new future in the appeals courts if it goes further, weigh that? that there is a balance there, what you can and can't saw say? i get that, but what is that balance? >> yeah. and it can be a tough balance to strike, neil. i think in this case the prior

orders basically said you can't make defamatory statements, you know? if attacking e. jean carroll, making statements that she's crazy, she made it up, this didn't happen. but to your point, if you're in a position where you've been unjustly accused, you want to proclaim your innocence. so i think an appeals court would be sensitive. you can't punish someone for proclaiming innocence, but that can't cross the hine into attacks, into defamatory statements and things that the jury heard about. i suspect that will be a big part of what the former president argues on appeal, but i'm not sure that the court of appeals is going to see it his way. my sense sense is they are going to be fairly deferential to what the jury decided. i think they will raise their eyebrows at a the size of the award, maybe they'll reduce it, but it's going to be an uphill bat physical he wants the entire thing overruled. neil: can they reduce it? if go back and say is, well,

that 5 million one was good or the 12 million that they were officially pursuing, e. jean carroll's people post his remarks and that's fine, but this amount is off the charts? >> that's exactly -- yeah, neil, and that's exactly what i would be arguing if i were representing the former president here. i would not put my attention on what are called compensatory damages, money the jury determined was economically necessary to help restore e. jean carroll's reputation. instead, i would target the $65 million and basically say this is excessive, this is unconstitutional, this is extremely large amount. it wasn't necessary to punish the president or to deter him in the future and a lower amount would succeed e in those objectives. neil: tom, we'll see what happens, my friend. a lot of cases to weigh back and forth. tom dupree on this particular one that could be years away if from being totally resolved. all right, the other story is the administration's fight existence fossil fuels now targeting natural gas and at the worst of times. we'll explore, we'll explain after this.

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neil: all right, to hear republicans tell it, this is a white house that just hates anything having to do with fossil fuels. now, it didn't used to be that way when it came to natural gas, america kind of led if world. that has changed. phil flynn on top of that. i guess, phil, what they're trying to do is look at whether this is as climate-friendly as it's purported to be. whatever is happening here, what happens now? >> you know, i think this is a devastating blow to the environment, i really do, neil. because when you look at natural gas, it burns 80% cleaner than coal. and you only have to look at the recent cold snap that we had in the united states.

62% of all the power generation to keep us warm was generated by natural gas. cleaner burning natural gas. only 10% was driven by coal. if we didn't have natural gas, we would have to rely on more coal, that would be dirtier for the world. and this really is a win for coal because if we don't export clean natural gas, the rest of the world ooh's going to be a lot dirtier. neil: the one thing amazing, and i was looking forward to talking to you because i can't figure it out which we talk about on fox business, the one thing that always startles me is the fact that with all of these threats and everything else that's been going on, energy prices have been relatively contained. natural gas might get a spike from this, i don't know, but oil and everything else post the war in israel, with the october 7th hamas attacks, a lot of those prices are lower than they were before then. what's going on? if. >> they were. we have to credit the u.s. oil

and gas industry. you know, despite the fact they continue to get maligned by the biden administration, they have eked out record production and record exports. you know, right now the reason why the globe isn't in a disastrous economic slowdown is because of the rise of the u.s. energy producer. that's why it's so maddening, neil, when we do things like this to the u.s. energy industry is. the lng or industry has invested millions if not billions -- neil: you're talking about liquified natural gas. >> right. liquified natural gas to the rest of the world. and that,s we promised our allies, hey, we're going to come to the rescue. if you need it, you know, come to us, don't come to russia. but now these other countries are -- we've lost our credibility. now they're going to be looking to other places to get their supplies, and at the end of the day, it's going to make the world dirtier, and it's going to make our energy costs a lot more

expensive. neil: you know, we talk about what could change if donald trump is elected or, you know, nikki haley, a republican, it's still too early to say, but the energy if environment becomes much more pro-american, pro-drill, baby, drill, take advantage of natural gas that's here and plentiful. is that your thinking? and if that is the case, what will that mean for energy prices in general? >> you know, i think there needs to be a change really for the good of the economy, for the good of the world. you know, the american petroleum institute report has been warning that the administration's policies are creating the next energy crisis. this is serious. not only for the economy, but for people's lives, you know in if we get into another cold snap and people start dying because they can't keep the lights on, that's a problem. and we're e headed in that direction, you know? we need to be real list, you know? -- realistic, you know?

lng is the bridge fuel for the world, it's a lot cleaner. people just have to look at the data. they say they have to pause to see its impact on climate. i would argue it's made the climate at least 80% cleaner because we've replaced coal. neil: all right. you're the best, my friend. i always learn a lot. phil flynn, price future group senior analyst. he knows of what he speaks. all right, in the meantime here, donald trump had already threatened nikki haley donor, you keep giving to her, you're on my blacklist. manager like that. well, a lot of those donors are responding by continuing to give to nikki haley. $2.6 million more since her so-called new hampshire disaster, as the former president put it. we'll tell you what's going on with that after this. and i'm gok on a few other things too! starting with the sound system... that's caaaaaaaaash. cashback like a pro with chase freedom unlimited. how do you cashback? sometimes your work shirt needs to be for more

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>> my name is shannon bream, and i'll be leading coverage for democracy 2024. it's something i pinch myself if about all the time. it feels like such a privilege. we begin with the direction of the country under president biden. but i feel a weight with it too to make sure that we get it right and people know that we are there asking the questions they would want answered. ♪ ♪ neil: >> you have to know when to fold 'em, you have got to know when to fold 'em, you've got to know when to walk away.

it's time for nikki haley to walk away. >> remain unbroken and unbalanced and continue to support nikki haley. as long as she's in the race, i'm with her. neil: two very different views of nikki haley. one a former donor to her. he said she had to win new hampshire, she didn't, so is good-bye, don't let the door hit you on the way out, but eric eric levine is still exit -- committed to her, and she's generating a lot of campaign cash. rich edson on that side of the story. rick. rich. >> it's a great day in south carolina! [cheers and applause] >> reporter: vowing to stay in the race, or nikki haley is ratcheting up her criticism of former president trump. >> election night trump gets on stage, he toulouse an absolute temper tantrum talking about revenge. >> reporter: haley has accused trump of being confused implying he's too old to serve another term as president as 77 years old, especially after he appeared to confuse her last

week with former house peeker nancy pelosi. trump has called her bird brain. haley's focusing on strong fund raising numbers this week, though when asked which of the 16 super tuesday primary states she'll win -- >> i didn't hear a specific state mentioned. >> you know, you can say that all you want, bill, but i'll say this, right now we're focused on south carolina. >> reporter: haley says she'll be stronger in her home state than she was in new hampshire. some in the republican national committee would like this nominating race finished before that february 24th primary. a draft resolution was circulating among rnc members that would have declared trump the presumptive nominee. trump said the rnc should not go forward with it. also in south carolina -- >> i'm not here campaigning. >> -- were a host of third party challengers, the retiring senator joe manchin is speaking with voters in south carolina and georgia this week. >> i'm here campaigning to let people know that if you feel e

homeless and helpless because you don't have a political home, what do you do? you have other options. >> reporter: manchin says the democratic party is no longer the same party, nor is the republican party. as to whether that means manchin views his potential candidacy as the answer, he's noncommittal and has offered no timeline on when he'll decide whether to run. neil? neil: thank you for that, rich. ive redson -- edison on all of that. want to go to daniel litman, washington reporter. guys, the one thing i want to focus on and, dan, if i can begin with you, this started out as really being a threat from donald trump himself that all of you donors giving to her, i'm going to remember you, and you're going to be blacklisted. enough came forward to say, well, i'm a billionaire, i don't care, i'll do whatever i want. they didn't listen, and i'm wondering what you make of that? >> yeah. the haley campaign was even jumping off that statement, they were selling t-shirts online saying barred permanently in

big, all-cap letters. and so they are taking this as a sign9 that the campaign is still alive, and you rightly point out that a lot of these people, they're not lobbyists. they don't need access to trump if he wins in washington. so they have their own businesses that they're running, and today -- if they believe that haley is the right person, they're going to continue to donate to her. neil: you know, noel, you're very good talking to the finance guys, the budgetedlers, those who take all that stuff and pilot up and give it to a candidate. and a good with many are still with nikki haley. will they still be with her if she's clobbered in her home state of south carolina? >> you know, that raises the question and no one will be able to tell until we finish south carolina and see what she does, but i just thought about something as a somebody that raises money, the argument on how she's raising money here. and i am wondering if she is spinning the fact that he is coming out and threatening the donors and calling her bird brain with, she coulding be

using this on the flipside to her advantage to raise money to say this is validating the narrative on why he's not fit to run for president. because she actually could be using the spin on raising money on his bashing of her. and i didn't realize this, but john lerner, who used to be with the club for growth and he's advised a lot of other pretty special candidates too, is on her advisory team. so, you know, with all these facts going around, i could see where they might be taking the spin of donald trump attacking her so, you know, with the bird brain and get out of the race, or i'm the persona non grata for any donor, i could see where they're using no actually rah raise money. and on the flip ifside, donald trump, his super or pac is raising record amounts of money, and he could be using the fact that she's not getting out of the race that he needs more

money. so both sides are actually capitalizing on this. neil: well, you know, nothing seems to dent his popularity, dan. the fact of the matter is through all these indictments and all the rest, and i dare say even the $83 million whopper of a damage suit, he will probably weather that just fine. and now some are even extending it to possible convictions that could come his way on some of these indictments. don't know if that ultimately will be the case, but there are those who are with nikki haley who hope it will be. that's why they argue stay in the race, n if ikki. peggy noonan says don't leave anywhere. i'm just wondering what you make of this, that there is something to being last candidate standing hoping he'll blow himself up. that has not happened. and many candidates have died on the vine waiting for that to happen dating back to 2016. what do you make of it? >> yeah. definitely, it's a risk forker if she wants to become secretary of state in the next trump

administration. i think vp is off the table because donald trump jr. has put his foot down and said, hey, don't make haley the vp. he wants someone on the trump team. but i think that as long as she has money from these donors, then she'll keep going. once the campaign runs out of money, then it's game over. she doesn't have her own personal assets to keep it going. but also money isn't everything. she has doubled the amount of money from big donors, $100 million from those pacs and outside groups like aft in the last year compared to $50 million for the trump maga pac. and look where were right now where trump has won the first two states in a resounding, not overwhelming fashion, but not in a way that they have to count the ballots again. neil: yeah. no, i hear you. and, guy, maybe i'm too obsessed with numbers. i'm the nerd here at fox, and i hear it from both ends when today comment on that, but it is true. i'm looking at 1,215 delegates

to get the republican nomination. donald trump has 32, nikki haley has 17 is. with the 400,000 or so who have voted in iowa and new hampshire respectively, that's a little bit more than the 1% of the more than 200,000 who voted in 2016. i only mention that to say we technically really have a long way to go here. now, i get the math and how it's very difficult for her to start running any table that donald trump is dominating down to her own state. but north carolina key, the one thing i am reminded of i can remember when people said, you know, john mccain was dead after losing iowa and stumbling into new hampshire. he won that, got the nomination. did hughes the general election. or that, you know, ronald reagan's attempt to take down gerald ford, failed by a country mile. he failed by just a handful of delegates and was back four years later. i kind of only mention this to remind young people who watch this show -- and don't i have a lock on them --

[laughter] that, you know, beware consensus. that's all i'm saying. finish. >> no, i think it definitely, you know, usually one of, my mentors said when there's a, when you're going one way where everyone is chasing the soccer ball as a reporter, go the other way. so i think i completely agree with you on the consensus question. neil: what about you, noel? >> well, i do agree it's far from over. one of the things i do want to hone in on is the money. money is important because it keeps a campaign alive. but the thing to zero in on the money, and i've mentioned this several times on your show, is who is giving. look for the small donor because the small donor equals momentum, and that means that is a vote. that equates to a vote. these big donors that we're all talking about that are writing checks to super pacs and loading her campaign, that is fantastic for both sides. but trump does have a little bit of an advantage when it comes to the small donor, somebody giving

$50, $20, because those guys are going to vote. neil: yeah. and he has passionate followers, to pit mildly. noel, thank you. daniel, always good seeing you. because you agreed with me at least in the broader context, you're welcome to come back. thank you. in the meantime, the push in florida to get children who are under 16 from using social media. a law in the works to make it illegal for them to do so. now the only trouble is enforcing i. better together. like your workplace benefits and retirement savings. voya helps you choose the right amounts without over or under investing across all your benefits and savings options. so you can feel confident in your financial choices. ♪ they really know how to put two and two together. voya, well planned, well invested, well protected.

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neil: all right, pretty soon kids under the age of 16 in florida, you know, their parents are always telling them get off those devices, get off the internet, get off social media. the next time, pretty soon, if a florida bill they're working on becomes law, it will be the law are, and you can arrest them and haul their fannies off to jail. that's overextending it right now, but something going on in florida that has many kids under

16 saying yikes. dana marie mcnichol has more. >> reporter: neil, both republicans and democrats agree, social media is dangerous. florida is taking a stand to protect kids from social media with its proposed law, but those who oppose it say this legislation is unconstitutional. lawmakers cite the u.s. surgeon general's warning that children who spend more than three hours a day on social media face double the risk of mental health problems. even though the florida bill isn't specific about which platforms would target, it's focused on sites with addictive features designed to -- >> when it comes to social media, we have saying in the state of florida that it is a harmful product. it is akin to a digital fentanyl. we're going to restrict access to it in the same way we restrict access to tobacco, to driving a car, to alcohol. >> reporter: if passed, the restrictions would require social media platforms to delete existing accounts of anyone under the age of 16 and prohibit children from creating a new

profile. opponents are slamming the legislation saying it not only goes against children's first amendment right to free speech, but it takes away parents' rights to make decisions for their children. >> the parents purchase the phone, the parents pay for the phone, so the parents should have the ultimate decision making abilities to say what their children have access to and what they don't. >> house bill 1 is, a bill to be entitled an act recollected to relate -- related to social media use for minors. >> reporter: leaders have signaled they're supportive of the idea. governor desantis spoke about the bill addressing the need for change while protecting parents' rights. reworesly -- he worries about the legality in higher courts. recently, new york city mayor eric adams declared social media a public health threat, so the issue isn't going anywhere, neil. neil thank you for that, dana marie mcnichol. in the meantime, keeping track of all the crime that's rampant throughout much of the west and in particular

throughout states like california. i want you to meet a restaurant owner whose own restaurant was hit at least nine times by robbers and worse, and he's struggling just to stay in business and help his people out. good luck with that. you'll meet him next. to get lost in investment research. get help with j.p morgan personal advisors. hey, david! ready to get started? work with advisors who create a plan with you, and help you find the right investments. so great getting to know you, let's take a look at your new investment plan. ok, great! this should have you moving in the right direction. thanks jen. get ongoing advice; and manage your investments in the chase mobile app.

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join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. neil: all right, this caused some news, made waves in a city that loves it hamburgers. in-n-out, the burger change is out of oakland, california, citing high crime. it's not alone. others are doing the same thing like my next guest, so far trying to stick it out but man, oh, man, time and time again his restaurant is hit. he joins us now, todos, a very popular mexican restaurant. you're still staying in there,

but you've with the -- been hit a lot of times. maybe tell us about it. >> yeah, we're hanging in here. we've been burglarized nine times since 2021 from the time -- neil: nine times? >> yeah. we're a brand new development in an area that, you know, this is all brand new buildings that we have in here, so this is a whole buildout. and we got hit nine times, most recently thanksgiving weekend. and there's just been a lack of police response. and it's quite maddening. our alarm company called dispatch, and they didn't send anybody if out. they were saying that we had too many false alarms, so they didn't dispatch anybody. so we were broken into several times between 4 a.m. to 6 a.m. so they just is looted the bar, you know, took computers, cash. they walked away with the whole

safe, basically, that was bolted today floor. neil: are you kidding me? was anyone hurt? i hope not, but was anyone if hurt in any of these break-ins? >> thankfully, nobody was hurt with all these break-ins. they do it after hours. they do it when nobody's around and, thankfully, i have overnight janitors that come, and they had already left for the day. neil: incredible. but you're not alone. you raised the point this has happened multiple times. i guess starbucks shut down there, another ones has something open maybe for drive through, i think raising cain. >> yes. neil: is it even tough in the daylight? i'm hearing from a lot of people that don't even like to shop around there now because they never know. >> yeah. you know, the crime situation's very frustrating. there's a lot of car break-in, a blot -- lot of burglaries. and it's -- we understand that the police force is short and they're shorthanded, but -- and we haven't had a police chief for a while.

but why notal rotate those funde funds for high crime areas and invoke the national guard like san francisco in the mayor should declare a state of emergency and get us some help in here. it's very frustrating if we are trying really hard to create more community and take back our streets because the viability of our business business is at stake, and we can't afford to -- [inaudible] neil: i can well understand. let me ask you, we did reach out to your oakland mayor, and we have not heard back yet. if you had the opportunity to reach out to the mayor yourself, what would you say? >> take this seriously. i don't think that she isn't taking this seriously, but they're way in other their heads. -- over their heads. and i think the first step is to file a state of emergency to get us some help in here. the city of oakland is overrun with crime, and we aren't a

large corporation. a lot of us, the city of oakland is built through, you know, small community and small business owners. and we can't afford to just shut down a restaurant. just like inin out is doing, you know? neil it's amazing. i apologize for the tight time. elke, please, keep us posted. i'd love to have you back. >> thank you. come support our street fest. we're closing down the street, bringing out vendors, art and live music. neil: and and apparently some great food. thank you very much, good luck to you. >> thanks for having america neil. neil: in the meantime, keeping you updated on this border skirmish that's turned into a lot more than that and the political brinksmanship. we'll bring you the latest on that after this. your ancestry is so much more than names and dates. (♪) c'mon! it's the story of your family - then and now.

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