are being told, we will go there live when it happens. another fox news alert now. house minority leader kevin mccarthy and a dozen other house republicans are going to visit migrant facility in texas amid the escalating crisis at our southern border. meanwhile, the bad and white houses deploying emergency officials from fema to help with the surge of unaccompanied minors despite the president denying there is a crisis. fema goes where there are disasters. u.s. border patrol reportedly is holding more than 4200 migrant children in short-term facilities. nearly 3,000 of them held longer than the 72 hours legally allowed. house speaker nancy pelosi is blaming former president trump's policies for the situation and echoing biden and calling it a challenge, not a crisis. >> what the administration has inherited is a broken system at the border and they are working to correct that in the children's interest. so this, again, is a transition from what was wrong before to what is right. >> harris: however, louisiana senator bill cassidy says president biden's so-called open border policies are to blame for the unprecedented levels of migrants crossing over. >> empirically it is entirely, you can't help but notice that the administration changes and there is a surge so when people think they can get in they begin sending their unaccompanied child on a train ride across mexico where she may be kidnapped and traffic on the hope that they are going to be a way through border. this policy is leading to this surge, that is unmistakable. >> harris: you're watching "outnumbered," i'm harris faulkner. here today, emily compagno, kennedy, former governor of new mexico susana martinez and in the virtual center see today, larry elder, syndicated radio host and executive producer of the documentary "uncle tom," also an author and attorney. larry, i will start with you, we really have taken this up a peg now in terms of how this administration is responding, fema goes in for hurricanes, tornadoes, fema going to the border where some facilities are at 700% or above capacity for little ones being held and you say what? >> larry: well, doesn't the word fema, doesn't the acronym "fema" have the word emergency and it? even though the and administration is calling it a challenge, not a crisis. joe biden sent signals to people in central america that there's a new sheriff in town, everything's going to be different, there was even a migrant interview not long ago and he said that joe biden has given us, get in within 100 days and he will allow us in, it doesn't take a rocket scientist to believe that if you send people to the border that's going to be porous, they're going to take advantage of it and that's exactly what's going on right now. >> harris: governor martinez, new mexico, i'm curious to get your take on how the administration is responding where there's so many children now, i don't know if you caught it last hour, down at the border, that there are so many children, some of them testing positive for covid-19 in cramped conditions as we relax things to let more people in and we can handle it all. >> governor martinez: they are cramped into these little containers but they are not allowing anyone, any of the american people to see exactly the conditions in which they are being held. i think there should be the vision of what exactly is happening and not just numbers and being told that they are crammed in. we have these kiddos, 4200 of come through, 3,000 are being held beyond the 72 hours that is permissible. biden clearly gave permission for them to come to the border, he said that, he made it clear and then it's followed up by people in those countries saying, hey, president biden has said welcome, come, come one, come all and it includes these unaccompanied children. i'll tell you, if a child is left behind, can't keep up walking, they are left behind, that's inhumane. they are not getting paid to be successful in their travel, they are getting paid to be taken on that route but not to be successful. >> harris: you took it to a visceral level right there, you did. you punched, i think, everybody made in the heart. governor, when you talk about a child that's left behind if you can't keep up it makes me want to cry. kennedy, why is the president doing this? >> emily: the president is doing this... i honestly don't know, i guess it's to appease part of his face. but apparently that base doesn't like common sense or a policy and i want to go back for something nancy pelosi said, the house speaker said this is a transition to what is right, this is very wrong and this shouldn't be part of a transition and coming you know, they are sitting there parsing words and trying to figure out, can we call it a challenge, do we call it an issue? we can't call it a crisis but what they are not thinking about is as the governor pointed out, these children who are making this very, very dangerous journey, how many of us could truly make that journey? we don't know what it involves and there is no way of counting how many children started and how many children make it and once they get there they are sleeping on floors, they don't see sunlight, many said they haven't slept... sorry, showered in seven days. that is an ellipse that is inhumane, that is beyond a crisis and if this is the transition, god, i hate to see where we land because it's only getting worse and worse and worse. >> harris: look, when you hear nancy pelosi and others say that this is something that biden inherited from trump, they have seen fights across presidencies for years, that's not news but how you respond to it is whether it works or it doesn't work and my goodness at this rate, what will the next person inherit? because they've taken this way north of where anybody thought we'd be. i want to get to representative chip roy, i mentioned him, he's at the border and he had this response last hour, watch. >> there's one thing that changed in the last couple months and it was the incoming biden administration. wide open border policy by the biden administration, failure to finish, look, they are basically turning dhs into a welcome mat. >> harris: emily? speech is simultaneously thinning the resources that are going to dhs so they are essentially hamstringing them at the same time. another thing that struck me about that interview, harris, was afterward the congressman said, i'm going to meet with border patrol, we are going to get more information, more statistics, and then what? what happens when he transfers that information up the chain when it's clearly falling on deaf ears. equally it's more disturbing about this brand versus marathon approaches that we as citizens are supposed to believe that there is decades worth of service bringing a heightened perspective, bringing a heightened skill set of diplomacy, of dealing with this and managing it so we can have trust and faith in them but when we hear from them this again, spring versus marathon approach, this is a new administration, we inherited this without acknowledging that the issues plaguing the south american and central american countries have lasted decades and that those leaders are simply sitting back and waiting out, administrations with border policies for the next ones, the control cartels have, inflicting the targeted pain on these children under more lax and inhumane rules that we apply to our federal incarceration system. that absolutely shocks the conscious so they don't want to take that messaging of a crisis to heart, the rest of us will. >> harris: larry, i want to hear from you one last time before we go to commercial. >> larry: jeh johnson, obama's secretary of homeland security said any time there were more than 1,000 apprehensions he was going to have a bad day. this is way, way more than that and remember, but for the fact that eventually illegal aliens turn citizens, turn voters and vote democrat, i don't believe we have this conversation at all. >> harris: crime victims and their families going after los angeles district attorney over his criminal justice reform that could eventually set killers free. and you may not believe who he is now blaming for all the backlash is facing. there is a recall effort against him. the nation's top democrats reacting to the cuomo sexual harassment scandal. what nancy pelosi and president biden are saying about his future. ♪ ♪ it's a new day for veteran homeowners. with home values high and mortgage rates at all time lows. great news for veterans who need money for their family. that's me. refiplus from newday usa lets you refinance at record low rates plus get an average of $50,000. that's me. that's money for security today or retirement tomorrow. that's me. refiplus. new projects means new project managers. you need to hire. i need indeed. indeed you do. the moment you sponsor a job on indeed you get a short list of quality candidates from our resume database. claim your seventy five dollar credit, when you post your first job at indeed.com/home. >> emily: welcome back, the country's top democrats now addressing the sexual harassment scandal rocking new york governor andrew cuomo, but many of them still stopping short of calling for his resignation as seven women have now accused cuomo of inappropriate behavior. reporters pushing for a comment on his inappropriate behavior. >> do you think governor andrew cuomo should resign? >> i think the investigation is underway and we should see what it brings us. >> emily: house speaker nancy pelosi also refused to click to call for cuomo's resignation but did ask him to do some soul-searching. >> he may decide and hopefully this result will be soon and hie loves new york, to see if he can govern effectively. and that could be one of the considerations that he has. >> emily: an article in "new york magazine" describes the work environment for women in the administration. "speaking with 30 women about their experiences, almost all who work for him commented on the extreme pressure by the governor and his top female aides to address well and expensively. some are told explicitly by senior staff, they had to wear heels whenever he was around." all right, larry, i'd like to start with you on this, what are your top level perspectives on the legality now surrounding all of this. >> larry: well, follow the bouncing double standards, the women who made allegations against donald trump or joan of arc, the women making allegations of against brett kavanaugh, credible. all these allegations about andrew cuomo and nancy pelosi wants to find out how the process unfolds. just remember, a very serious allegation to bill clinton not just of sexual harassment but rape and said hillary clinton verbally intimidated her, not a single reporter has asked hillary clinton about the allegation made ended my knowledge only one reporter, sam donovan ever asked bill clinton about the rape allegation and to my knowledge no national reporter has ever asked bill clinton anything about the allegation made. this is how these guys roll, allegations made against republicans have to be believed, allegations made against democrats, due process. double standard. b2 canidae, what more has to happen before we hear more specifics from top leadership? >> kennedy: you have heard from the congressional delegation from new york, 90% of them are calling for cuomo's resignation, same with chuck schumer and kristin gillibrand. nancy pelosi, i think that's as far as she's going to go, his heart is quite cold and he is a set, firmly on not resigning and i know it is very salacious, as one of these accusations come out, it's awful. these women were suggested to an environment like this, potentially at least one crime at the hands of the governor but we can't lose sight of the 15,000 nursing home patience who died because the governor for their rehabilitation and nursing homes to take covid heads and positive patience where they had no defense and then they died. the families will never get the grandparents, the brothers, their wives and sisters and brothers back and we cannot lose sight of that because that to me is the most incredibly serious charge and i don't want that to get lost in some of these conversation. >> emily: to be clear by top leadership by men president biden and vice president kamala harris although we know who really is in power there, clearly. a large part of that campaign was on the #metoo movement ended such a reality as to feel arguably a woman in those positions where that support suddenly dissipated and why. harris, i'd like to play for you something back in 2018, something speaker pelosi said on allegations against brett kavanaugh at the time, she said a failure to postpone this vote without due process under thorough investigation into the serious and credible allegations would be a dereliction of congress' duty to demand zero tolerance of sexual harassment and abuse. your thoughts, harris? >> harris: look, i mean, i think larry started with the double standard and we don't know the conversations necessarily that have happened because there could be some between nancy pelosi and others in the democratic party with governor cuomo, we don't know about that but if she really wants due process, let's make sure we get it. but can you have due process when you have a situation, as kennedy pointed out, it's not just one scandal this governor is rocking and you've got an fbi investigation, are we going to wait for that? because i could take some time. there has to be some sort of moral compass response from the governor that says, everybody's distracted by everything in the room, i'm going to step back because as nancy pelosi pointed out, he loves new york. i guess on the last hour with the strategic communications director on the biting campaign and he said, we could be hours away from when things could change. that leads me to wonder and i did ask, hours away? that's a lot more immanent than giving them enough space to wait until due process is done so, i hadn't been, i don't know what's going on behind the scenes or whose dr. who but i say the pressure on the governor is a lt more than a recall effort to get some signatures if nancy pelosi is encouraging to look into his heart and people from the biting campaign are saying there is a matter of hours, i think more information could come. he's due to speak, we don't know what is going to talk about this hour, the governor. >> emily: we will absolutely keep everyone apprised of that. governor, i wanted to get your perspective as a governor, what are your colleagues and former colleague saying? what we hear is what's released publicly but what's behind the scenes? your fellow governor saying about the audacity of the situation and that governor's refusal to resign? >> governor martinez: there is so much on a day-to-day basis, with the governor has to do, it is a full time, all day, all the time job and so to be distracted with these sorts of allegations and the deaths of so many individuals in these nursing homes, you have to think of more than just yourself, the people you serve and say, i can't do both, i need to take care of the people of new york and let vaccines aunt covid recovery and kids in schools and all those other things and say i need to step back to the benefit of those i was elected to serve and i am no longer doing so effectively. i find that environment so disgusting to say you have to dress a certain way and wear high heels and expensive clothes, who does not? i just find that environment so appalling. >> emily: and unfortunately the answer to your question is governor andrew cuomo. >> harris: i don't know if we can't answer this but i'm just wondering, if the governor to where to do one of the options, stepping back and the lieutenant governor comes forth and after everything is adjudicated and everything, with therapy, emily, an opportunity for her to come back in office? and is that enough clicked so you'd still be distracted by everything that's going on, it's one of the options i know people are talking about, critics of the situation who say, well, he could still keep his job and... >> governor martinez: by stepping back i met resign. >> harris: i know, it triggered that thought in me that i do know that's one of the options. >> emily: it depends on the actual consequences and conclusions reached, harris. it depends, we talked a bit about the multiple layers going on, the multiple concurrent investigations, legal consequences, civil consequences, criminal consequences, right? it depends on what occurs in the results of these investigations and at this point, no criminal charges have been filed, no lawsuits have been filed and we know at the end of the attorney general investigation they will come through with the report and recommendation so it remains to be seen the answer to your question, there's technically that possibility although i think it would be quite remote given all we are learning and have learned at this point. moving forward, as classrooms remain closed, one state now discussing getting teachers bonuses from covid relief funds and wait until you hear what else they want to spend it on. plus, texas official sounding the alarm over the migrant surge amid new warnings that smugglers are taking advantage of the crisis. stay with us. >> they are literally coming from all over the world pay what people need to understand is these are criminal organizations and they trade in things whether it that make them money, whether it's trafficking, sex, drugs. i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® works differently than any other diabetes pill to lower blood sugar in all 3 of these ways... increases insulin... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. people taking rybelsus® lost up to 8 pounds. rybelsus® isn't for people with type 1 diabetes or diabetic ketoacidosis. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. >> harris: we come in with breaking news, just moments from now a delegation of house republicans will visit a migrant facility along the southern border in texas, you are looking live there as they set up the lectern. the massive spike in migrant crossings fueling new concerns about drug cartels, coyotes, benefiting from the search, humans bungalows and texas governor greg abbott is pinning the blame on president biden's policy. >> the biden open border policies are inviting even more illegal immigration and actually have created this humanitarian crisis, the border patrol officers told me that the biden administration policies are enriching and empowering the drug cartels in mexico who make money off the people that they assist in smuggling them into the state of texas. the cartels make money off of these migrants. >> harris: reaction pouring into this video of hundreds of migrants line