we just saw nate foye's report there.k down guards and cross into texas. what more or what should be done to keep them out? >> good morning and thank you for having me. i'll tell you what -- we just saw shameful and it is shameful on this administration. look, i spent 26 years in the united states border patrol and i worked under this administration and the prior four and never seen anything like this. we continue to see it ramp up to this point, what's next? and ill tell you those prior four administration both rmg and democrat never allowed something like this to go so my point there is this administration has completely failed us at the border. completely failed us here in my county. ashley: you recently called out biden for what you called abandoning u mexico border saying it's more like the u.s. world border what do you mean by that and what action do you want the administration to take? >> you know what any abandonness over three years ago -- he inherited the most safest and secure border that we had ever had. i was

nate foye is in eagle pass, texas. hi, nate. >> a source with texas dps tells me the supreme court ruling with sb4 is disappointing because it would have served as an effective deterrent to illegal crossings in the state of texas, we're seeing more migrants crossing illegally in the west. western parts of the country. however, without sb4 in effect what will continue happening is texas law enforcement will turn migrants to border patrol where they are processed and often released into the country. supreme court did not provide an exact date for the next ruling for sb4 texas dps has some tools. look at the drone and video of a crossing from yesterday. here is what can still is happen, dana. texas dps can charge migrants with criminal trespassing or mischief if they cross at shelby park or if they find runners on ranchs and the ranch owner agrees to press charges. the cases they could still charge the migrants. 170 miles from here outside san antonio border patrol, ice, texas dps arrested a venezuelan national. he is want

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dana. >> dana: nate foye, thank you. >> bill: nip that in the bud, don't you? marks one year since "wall street journal" reporter evan gershkovitch was arrested in russia. he was arrested on charges of spying. the u.s. calls those allegations a farce. they are demanding his release. i spoke with evan's only sister, danielle, about the current ordeal for her and her family. thank you for being here, danielle, especially on this day. it's been a year. how do you get through the days? >> i still go to work, i write evan letters, and i just know that whatever i'm experiencing, it is tougher for evan. >> bill: that's a very interesting perspective. there have been these reports that putin was willing to do a deal. what have you heard about that? is any of that true, do you think? >> unfortunately, i can't speculate but i really hope that there is a path forward. >> bill: when you see him on your television, what do you and your parents look for? >> we look for signs that he h have -- evan is okay. we notice his smiles he is incredible and so strong. >> bill: interes

let's go to nate foye in eagle pass. >> good morning. so far at least one migrant is charged with assaulting a texas national guard soldier after a group of over 300 migrants, many single adult men from venezuela, pushed past the national guardsmen and rushed the border wall in el paso. take another look. [shouting] >> the migrant charged with assault is accused of pushing the texas national guard soldier down and trampling over him. texas governor abbott says texas dps may arrest more for criminal trespass and destruction of property. hundreds of migrants after this chaos, including women and children in total over 600 migrants here, governor abbott's office says the surge in el paso is the direct result of the unsustainable chaos president biden has unleashed on the border. it happened, jacque, has texas awaits an appeals court ruling to determine the immediate future of senate bill four to allow texas to arrest and deport migrants without turning them over to border patrol. if sb4 could have been used on the migrants in that video. co

thank you, nate foye reporting on that. >> dana: a story every parent should hear.on black mailing children and convincing them to harm themselves on camera. jessica tarlov and tyrus are here. abigail is the chief of the f.b.i. child exploitation unit says people don't understand the severity and speed at which their children can become victims. they can change your child's life in a matter of minutes. we talked to victim's parents who had come on. if i had only known. it happened so quickly. in one case 30 minutes of being targeted online and committing the harm. >> all it takes is one click and something that i have been publicly screaming about. i.d.s on social media. you have to be verified. if not there needs to be warning. the predators are no longer in the van on the corner with a lollipop. they are in your laptop, phones, pose as other little children. i have had to deal with it. i'm always constantly checking. even playing a simple game like roadblock. here is the problem. the social media companies don't care. they don't give a damn. we deal with it. i hav

nate foye is at the border in eagle pass, texas with more. >> so that law is called senate bill four. if it were in effect the migrants who rushed that wall in el paso could have been arrested and deported without being turned over to border patrol. however, they were and were processed under title eight. that means they will be given notice to appear in immigration court and many will be released into our country while one migrant is charged with assaulting a texas national guard soldier. take another look. over 300 single adult migrants, many from venezuela, you see push past the razor wire south of the border wall and trample over the national guardsmen. the "new york post" reporter who witnessed this explains what led up to this chaos. >> there were 300 single adults. 300 families and children and women on the other side. those people were going to be taken for processing by bourp. that was their priority. single adults were taken into small groups back to mexico. they realized that was their fate and it just within a matter of seconds became absolute chaos. >> cbp put out a state

nate foye is live in eagle pass, texas. what do you have, nate? >> back and forth we go.upreme court allowed sb4 to go into effect a federal appeals court reversed that and right now it is still in limbo pending additional litigation. the fifth circuit court of appeals is set to hear oral arguments on this at 11:00 eastern. within the next two hours. the biden administration argues that the law interferes with federal authority over the border. congressman tony gonzalez tells fox the biden administration doesn't use the authority it already has. >> if the biden administration spent as much time trying to fix the border as they are trying to block things from happening, americans would be a whole lot safer for that. i'm tired of the back and forth. >> so sb4 would make illegal border crossings a state crime. that means migrants found crossing the border illegally like you are watching right now on your screen could be arrested and sent back to mexico. the mexican government says it won't comply if the law does go into effect. ministry of foreign affairs says mexico categor

nate foye is live in texas with the follow-up. >> calling the situation at our southern border a national security threat, u.s. border patrol chief jason owens referenced the 140,000 known gotaways so far this fiscal year. something that lieutenant all var yeah is reacting to this morning. take a listen. >> we hear from the border patrol chief himself talking about the national security threats. really shows it's evident the federal government continues to ignore the situation on the border. >> take a look at this newest video from el paso. 40 to 50 migrants got picked up sunday by border patrol to be processed and remember, we've seen a lot of problems in the past few days. you remember friday take a look at this next video. migrants pull on a razor wire fence near the border wall. their goal is to get past texas law enforcement so they can be processed by border patrol under title eight. that's what happened to the migrants involved in the thursday stampede. 300 single adult men many from venezuela tramped national guard soldiers. one migrant charged with assault and more arrests may be

. >> john: nate foye is live in eagle pass, texas this morning. >> good morning. so a decision from a three-judge panel could come at any moment regarding the immediate future of senate bill four. it allows texas to arrest and deport migrants without turning them over to border patrol. absent that law taking effect, that is exactly what happens in the migrants are given a notice to appear in immigration court but a new report shows since president joe biden took office, dhs is responsible for 200,000 deportation cases being thrown out because that didn't happen. take a look at this videdeo fro yesterday. dhs didn't file the notices to appear before the scheduled court dates. according to the nonpartisan group dhs is backing up the courts by scheduling immigration hearings before the agency is actually capable of filing the notice to appear. right now there are over 3 million pending immigration cases. dhs can restart the process after its mistake but according to track, that only happened 25% of the time. the migrants that you see here crossed into california yest