legal roadblocks and the president's plan. >> an executive order does not have the power to override the constitution. >> i personally feel he's on a good track. >> as california leaders prepare for a fight. >> i have a message for president trump. i'll see you in court. i'm anne makovec. and the question today, should children born here in the u.s. be granted citizenship no matter where their parents are from? it's been a constitutional right for more than a century under the 14th amendment. but now president trump is trying to put an end to it. today, we're digging into his executive orders to ask what it will take to make it official. we'll have that conversation coming up in a few minutes. but first, a look at your local news headlines. one person who opened fire at officers. it happened around

mclaughlin last night. and at least one of them fired their give up and hit the patrol car. an officer fired back, but they got away. >> gun violence has become an epidemic in our community. and the very individuals who risk their lives to protect us also increasingly become targeted by those who seek for chaos or fear. >> police say neither officer was hurt. it's unclear if they were injured or if they knew they were shooting at police. investigators say the officers were not able to activate their body cameras. this afternoon, leaders in alameda county, deciding who will replace the recalled district attorney, pamela price. the board of supervisors, reviewing seven candidates right now to be the county's next top prosecutor, finishing out the next of their term. more than 60% of the voters voted to oust the former d.a. many felt she was too soft on violent crime. meanwhile outside the meeting, families of victims of violent crimes would gather. they don't want to see the board replace one

problem with the other. center and with all these families had endured a lot more stuff too. we have a mother here that solved the murder of her son walk out the door the same day those sentencing. nothing. >> the finalists include several deputy district attorneys, a city attorney, and a judge. the board hoping to make a final decision by the end of the month. in san francisco, yet another business, leaving union square. this is a big one. bloomingdales announcing it is closing the store in the san francisco center, formerly known as westfield mall. department store chain is operated there for almost 20 years. it will remain open until late spring and hopes to reopen in san francisco some time in the future. the bay area's oldest independent bookstore has just filed for bankruptcy. books inc. has been here for 174 years. the ceo says they will be closing their berkeley store. other ten stores will stay open for now. they're

blaming this rising cost and changing customer habits. a big loss to the san francisco restaurant scene. chef charles phan has died, known for his modern vietnamese food at the restaurant, the slanted door. he died from cardiac arrest. he was 62 years old. a city of san jose broke ground on a new interim housing site. the cherry avenue site will provide shelter for 136 people. once it's built, they will give priority to people living in nearby encampments. >> this is our community. everybody here has been here for many, many years. it's like a family. they're excited, believe me. >> she says some of the homeless people were moved to a nearby hotel, but they were promised space in the tiny homes once they are finished. all right, a first alert weather now. chief meteorologist paul heggen is here with a frost warning, where it has been chilly.

>> we have frost advisories and freeze warnings. for the rest of us, we are okay, which just means it will be chilly. it will be cold by tomorrow morning, but it won't be record setting. bigger concern is in southern california where that wind is in the offshore direction. extremely critical fire weather conditions. g tomorrow and again on thursday. and those red flag warnings have been extended through 8:00 on thursday. so this is going to be another couple of days of some heightened tensions, certainly in southern california. winds will be offshore, not nearly as strong. why they have been drying out, they're not nearly as crispy as what they have been experiencing in southern california. take a look at what you need to know through the next several days. we will see the continuation of the tranquil weather pattern. it will be clear and cold out there tonight, especially away

from the water. sunny winds will be light throughout the day tomorrow. some 20 to 30 miles an hour gust there, which won't be too problematic. high temperatures will remain above normal tomorrow. backing down on friday. then we cool back down to near average as we would hit the weekend itself. we do have temperatures that are running very close to about five to seven degrees above normal. a mix of upper 50s and the low to mid-60s. oakland and san francisco, those are the closest numbers to 66 degrees in san jose, a half dozen degrees, even above 4:00 in the afternoon where we started to cool off a little bit. and that little vail of high clouds there will not slow down. the cool down rather, very much at all. it is not an efficient blanket. temperatures dropping down to pretty chilly levels, a mix of low 40s around the bay and the coast. we see temperatures dipping down to 40 degrees in petaluma and fairfield. these are the forecast for the sites, which

will mean any backyards that are lower in elevations, collecting some of the cold air. temperatures could dip down into the upper 20s. if you have outdoor pets, just make sure they could give them access to some indoor space for these next couple of chilly nights. despite that cold start, we are going to warm up more than we did today. temperatures getting close to 70 degrees in san jose. that's a big warm up. temperatures will be into the 60s across the entire bay area. those spots will start off around 30 degrees in petaluma and fairfield, warming up by 35 degrees. doing a lot of work in only ten hours of daylight. daylight hours are in pretty short supply this year, making the most of what we do see tomorrow. a gradual return to the haze on the horizon. the only spot that got back to the moderate category for air quality was inland in the east bay, but we will add the santa clara valley and most of us will be in the moderate air

quality. finishing the abbreviated workweek. whenever the wind will pick up, that could stir some of the stuff around, but we need some rain. we won't get any. and they will take us to the last day of january, where it is still bone dry. some signs that maybe things will shift a bit as we head into february, but signals drier than normal conditions. not as strong of a signal. a look at the next rain chance that could head our way, but it won't happen any time soon. a look at your seven-day forecast. best we could offer is the return of fog and low cloud cover, especially by friday and the sunshine will return after a couple of days of near normal high temperatures on saturday and sunday. we're going to warm up a little bit as we head into the last days of january. monday and tuesday, high temperatures will top out around 60 degrees. it means a mix of upper 50s and the low to mid-60s across the entire region. again, not a single rain drop in sight for the bay area. anne? >> thank you, paul. president trump is spending

his first full day in office this afternoon. he's tackling artificial intelligence, a day after signing dozens of executive orders. pardoning more than 1,500 defendants, tied to the january 6 attacks. his actions already facing some pushback for both sides of the aisle. natalie brand is at the white house with details. >> reporter: and president trump met with leaders in the oval office today. house speaker, mike johnson, senate majority leader, john thune, to talk about their legislative priorities in congress. but as for the flurry of executive orders that the president signed over the past 24 hours, some of them already facing pushback and legal challenges from states including california. president trump is banking on gop congressional leaders to help move his agenda in congress, inviting them to the white house during his first full day of office. on tuesday, the president also announced a plan to invest billions of dollars in the private sector to build a super

computer that will help develop the next generation of artificial intelligence. a new venture called star gate will start with the data center project. >> the new american company that will invest in the united states. creating over 1,000 american jobs immediately. >> reporter: already some of president trump's new executive actions signed within hours of taking his oath are facing legal challenges. more than 18 states have joined a lawsuit over the order seeking to overturn birthright citizenship. the attorneys general saying that is in clear violation of the constitution's 14th amendment. >> the question are the laws of our nation going to mean anything or can they be taken away by a stroke of a pen? >> reporter: with a crackdown on illegal immigration a top priority for the white house, they have this message during this morning's national prayer service attended by the first family. >> i ask you to have mercy, mr.

president, on those in our community, whose children fear their participants will be taken away. >> reporter: as defendants convicted in the january 6 capitol attack are set to be released after trump's sweeping pardons, even some republican lawmakers say they don't agree. >> i'm about to file two bills that will increase the penalties up to the death permit for the murder of a police officer and increasing the penalties in creating federal crimes for assaulting a police officer. that should give you everything you need to know about my position. >> reporter: trump directed the attorney general to seek dismissal of any january 6 criminal cases still pending. now back to the immigration related questions taken so far. new today, the trump administration revoked a biden era memo that prohibited i.c.e. agents from making arrests at sensitive locations such as schools, shelters, churches, or health care settings. in a statement, the department of homeland security says they trust agents to use common

sense. at the white house, natalie brand, back to you. president trump has confirmed he will be traveling to los angeles this week to survey wildfire damage. he's going to be first checking out some storm damage in north carolina on friday, and then flying to l.a. no surprise here california is one of the states that filed the lawsuit, challenging president trump's executive order to end birthright citizenship. and an amendment will give a constitutional right of citizenship to all children born in the u.s. california attorney general, rob bonta, called the move by the president unconstitutional. >> the president has overstepped his authority by a mile. we will hold them accountable. i have one message for president trump. i'll see you in court. >> reporter: overturning the 127-year precedent is contrary to american values and a ruthless attack on newborns and future generations of americans.

>> the 18th state along with san francisco and dc are also seeking a preliminary order blocking the policy before the trump administration can implement it. the aclu also taking steps to challenge some of the be trump's executive orders. they gathered at the state capitol to call on lawmakers to protect vulnerable communities. the aclu says the concern for immigrants as they could face deportations were recently reports of i.c.e. raids happening in the central valley. advocates will do everything they can to protect immigrants. >> california will remain a hopeful and welcoming place for immigrants and refugees. we are putting our money where our mouth is to provide the legal services and fight back with litigation. >> the aclu and other imgrant rights groups have also filed a lawsuit against trump's executive order to end birthright citizenship. they argue the order would harm newborns by denying them

citizenship, basic rights, and opportunities. president trump started his term by signing a series of executive orders. how much power do they really have? coming up, we will ask a law professor what it will take to make those changes.

president trump's executive orders impacting immigration are sparking concern and fear in areas like santa clara county, which is 25% hispanic. since 2011, the county's sanctuary policy has banned using local resources or staff to cooperate with u.s. immigration and customs enforcement or i.c.e. back in october of 2023, santa clara county officials confirmed a group of migrants were taken

and dropped off by bus. washington, they said. they spent three days out on the streets until the county's immigrant relations office connected them with resources. fast forward to the new trumped administration and the threat of federal immigration causing more fear in san jose. immigrants and their supporters are pushing back. they gathered on inauguration day for a show of solidarity. community organizer, pa had rya chavez is a mother of four who could be deported and separated from her u.s. born children. the worst part of what's happening is the affect on her children, including her 12-year-old son. >> my son said he would hide me and would stay at home with me and have my older sister, who is 18 years old, bring them food. >> a community group says they will continue to work with immigrants who will qualify to help them get legal status.

starting at 5:00, faith leaders and community leaders are holding a community prayer vigil to stand with immigrant families. and that is at the plaza outside the county building. joining me now is matt coles, a law professor and former deputy director at the aclu. thank you for joining us today. >> pleasure to be with you. >> can we start with just the basics? had what is birthright citizenship? >> it is a sentence in the 14th amendment where it was passed in the end of the civil war. they say all persons born in the united states are citizens of the united states. and it has an exception. it says it is not true for people who are not subject to the jurisdiction where they have been clear it means they don't have to obey u.s. law. and someone with

diplomatic immunity isn't qualified as a citizen born here. if they were an invading army taking a part of the united states, you know, if canada crossed the niagara falls and took over buffalo, new york, and held on to it. if you committed a traffic infraction, you would be subject to canadian law. those are the two exceptions. otherwise if you're born in the united states, you're a united states citizen. the 14th amendment is straightforward about that. >> okay, what does that mean for children who were born here to migrants who are here illegally? >> they're citizens. >> it's that simple? you had a lot of words on the rest of it. it is that simple. they're constitutional citizens? >> that's right. and actually there is a federal statute passed by congress that says the same thing. >> has this been challenged in

court today? >> yes. about 120 years ago. but supreme court said it that time, the only exception are children of diplomats and evading armies. that's it. >> okay, so what does this executive order do at this point if they're saying one thing, the executive order is saying another thing? >> they say basically federal agencies cannot issue documentation that will reflect citizenship. we don't have citizenship cards in the united states, but there are passports and others that do reflect citizenship. to they will say to all federal agencies, let's take passports, unless they could prove citizenship. whether they're a united states person or a lawful permanent resident. because the

language of the 14th amendment is so clear and the supreme court's decision about what it means is so old and established, it's very likely that this will be enjoyed by the lower courts. >> okay, so let's say it did go through. is there any way they could be revoked from people who were born here? >> i don't think so, no. their citizenship is a matter of constitutional right. >> and so people who are getting ready to have children here, maybe i'm here illegally, getting ready to have a child. what's up for them? >> i don't think it makes any difference. so it doesn't look back to people from the fast. and they would say 30 days from now, this will be our interpretation of birthright citizenship. but the president of the united states, his job

is to execute the laws. it's made by congress and the institution themselves. >> reporter: what, if congress, under president trump, is controlled by the gop at this point. hafizzing would that even be? >> you need two-thirds. that's what it would take. >> anything else in some of the executive orders we should be thinking about right now? >> that's a big question. at very minimum, i think people should pay attention to the immigration context to the use of the military, the borders. in general, congress has made it very clear over the years that we are not to use them on domestic disputes, but only on hostility. so there is some doubt about the deployment in the military. i also think the

executive order on gender identity may run up against both federal statutes and the constitution. i mean the thing people need to be clear about here that i think sometimes americans, they lose sight of, is that basic point i was making a little bit ago. the constitution sets the basic parameters of what our law can do, it's the president's job to carry out the @ and he doesn't like dem and will just make a new job. >> it is not their job. if there is one thing they could rally around, you would think it's the constitution. we'll continue to follow this. insightful discussion. we appreciate it. we'll be right back.

coming up next at 5:00, beginning a crack down on people living in vehicles. their plea for help. a state of emergency declared today in response to the dangerous fire at a monterey county battery plant. the growing concerns surrounding the community. sfo has an innovative way to try to take some of the stress out of flying. the new sensory room at the airport. the evening edition with ryan yamamoto pete g. writes, "my tween wants a new phone.

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right now on cbs news bay area, california launching a challenge to one of president trump's first executive actions. the battle over birthright citizenship. >> the question are the laws of our nation going to mean anything or can they be taken away? new details emerging on the shootout of bay area police officers. the update from investigators in the last few hours. the largest city cracking down on people living in vehicles. the plant underway in the south bay to find enough places to house them. >> when are you going to go to those sides? >> that is just it. i don't know. my options are limited. as southern california will deal with another day of extreme fire danger, a new thread is now emerging on the horizon.

well, silicon valley will continue to play a prominent role in the first days of the trump administration. good evening, i'm ryan yamamoto. this afternoon, the president announced billions of dollars in the private sector investment to build a super computer. all the help developed the next generation of artificial intelligence. and tech giant, oracle. but we will start with the data center project in texas. >> and together these world leading technology giants are announcing the formation of star gate, so put that name down in your books because you're going to hear a lot about it in the future. >> and yesterday's inauguration, the heads of some of the biggest tech companies were all in attendance including sam altman, ceo of openai. the president has made cracking down on illegal immigration a top priority. holding a community prayer vigil,