>> sandra: fox news alert and back to the live pictures out of lukeville, arizona, as we top a brand-new hour here. you are seeing the tucson sector, at the center of the most recent migrant surge, seen hundreds of mostly male adult migrants as you see on the screen there, queued up against the border fence. agents are now we are told, john, 200-1 in the field and this as the daily record for encounters was broken last week. remember, john, we were on the air when it happened, over 12,000 migrants hit the border in a single day and all this is coming after record setting 2.4 million encounters in the fiscal year 23 and all time monthly high of over 260,000 in september. i mean, those are numbers, you are looking at it on your screen, this is happening right now, john. >> john: populations, you know, some of america's largest cities, new york and los angeles aside, you know, you take houston, dallas, philadelphia, boston, places like that, population of one of those big cities coming across our border illegally every year and as bill melugin, in lukeville last week, pointed out, a lot of the migrants coming across the border there are from africa, and then we head to the san diego sector, a group of illegal migrants who came in from china and as bill was explaining to us, different cartels control different sections of the border and all getting their business from different areas of the world. so, if you are coming over from africa, the cartel that's around lukeville, arizona area, shepherds you across. in the san diego sector, another group shepherds you across. and with bill earlier today in eagle pass, texas, shouting out where you from, a lot of people from venezuela or northern triangle countries. so depending on where you are in the southwestern border, and which cartel is controlling that area you are going to get migrants from different areas of the world. the big point to make here, not just people from central america anymore, they are literally coming in from around the world. >> agents have encountered migrants from over 150 countries, and fox is told the department of homeland security officials told lawmakers around 670,000 known got-aways at the border last year, and mayorkas has said john, acknowledged the number was over 600,000. lukeville, arizona, live pictures, epicenter of the current surge right now. we are going to continue to keep our eye on these live pictures out of lukeville, arizona. we will bring you back there with updates as this continues, and now this. [chanting] >> sandra: a shocking display in new haven, connecticut, just blocks from the campus of yale university, a protestor climbing a menorah during hanukkah to drape it in a palestinian flag. hello, welcome, sandra smith in new york. a brand-new week. hello, john. >> john: i'm john roberts in washington. this is "america reports". listen to this, sandra. a new poll says 20%, that is one fifth of college aged americans believe the holocaust, where 6 million jews were murdered by the nazi regime is a smith. bill maher says what is supposed to be america's brightest young minds simply going to waste. >> you know the phrase useful idiots, the bigger scandal here, the biggest, most esteemed colleges in the country and they have raised [bleep] idiots. >> sandra: allowing antisemitism to go unchecked in campus, concern for jewish students at america's most prestigious universities is only growing. >> john: complete coverage for now, whether this is a watershed moment for higher education. >> sandra: our team of reporters, jacqui heinrich is live at the white house, staying quiet, why the white house is staying quiet over magill's resignation. and grady trimble in west philadelphia, what's the reaction there to president magill's resignation so far? >> sandra, in some ways it's business as usual here because it's exam week and students are busy. but i talked to a jewish student here on campus who said he felt uncomfortable before and he still does even after the resignation of liz magill. more on that in a second. but first, i want to focus on the growing calls for university presidents at these two other universities, harvard and mit, to step down. remember, they testified before congress last week as well. in cambridge, massachusetts, anonymous private funder has paid to put two billboard trucks near harvard, this from docks news digital, calling for the firing of its president, claudine gay but nearly 700 faculty members have signed on to a letter urging the university's top governing body to resist calls to remove gay. mit's president also facing pressure to step down, the board put out a letter in support of her, and a student says magill's resignation is a step in the right direction but not enough to address antisemitism on campus. >> there are students and professors who are antisemitism and said outwardly antisemitism things and nothing has happened to them and we would like to see punishment. if you don't punish people like that, other people will speak up and being antisemitic. >> the university says magill will stay on until an interim president is named. magill will also remain a tenured faculty member here at the university's school of law. l sandra. l>> sandra: that's right. grady, thank you. john. >> john: president biden is in philadelphia right now but not said a thing so far about magill's resignation or the calls for other university presidents to step down. but a white house spokesman says magill did the right thing by withdrawing the comments she made last week in the congressional hearing. jacqui heinrich live with more. stunning to watch magill set her career aflame at the house hearing last week. >> jacqui: the president just gave remarks in philadelphia, u-penn's home, and in the crowd was governor shapiro who helped prompt liz magill's resignation by condemning her behavior at that hearing. biden did not say anything about the news in his remarks but a white house spokesperson did give a brief reaction on air force one. listen. >> i'm not going to weigh in on personnel matters directly. you saw our response last week to the hearing. we were full throated. the president believed strongly this is a moment to put your foot down, and to ensure we have moral clarity. i saw that she issued a statement withdrawing those comments. that was the right thing to do. >> jacqui: president biden has another chance to give a comment tonight, hosting a hanukkah reception at the white house with 800 people. elise stefanik, who questioned these university presidents, wrote in part one down, two to go, harvard and mit do the right thing. the world is watching. in the case of harvard, president gay was asked 17 times whether spoke her truth 17 times and the world heard. >> should those university presidents resign? >> that is not for us to decide. >> why is it not appropriate for the white house to stand firmly against antisemitism by calling for the resignations of those? >> some of them are private universities, they have their own process. >> conduct is he very least be updated. >> i don't know what their code of conducts is, i can't even speak to it. so that is something for the university to speak to. >> the white house has given their position on antisemitism, fairly strong about that. we have not heard a comment from the president yet. at tonight's event there will be holocaust survivors in the crowd. we'll see if he says anything to them tonight, john. >> john: private universities but a tremendous amount of federal funding, public taxpayer dollars. you would think the white house may weigh in on that. >> sandra: karol, columnist at the "new york post". a student on magill not even acknowledging wrongdoing. listen. >> another example of failed leadership. i think leave with some sort of grace and huberous, but you can leave without acknowledging anything wrong that has been done, and you can put out that statement. >> sandra: you think about what the campuses, what the students are going through, and the wake of all this right now, your thoughts. >> so, a great example, he gave an amazing speech what he's been doing through at u-penn and the way he's been targeted as a jewish student at the university. i think what's happening at these colleges is terrifying for jewish students. i hear from students all the time at various colleges around the country saying i'm being targeted for being a jew. and it has very little to do with israel, actually. i think people need to understand that. like the idea that just because they support israel that's ok to target them is a wild one for me. i have friends who are ukrainian, they are not expected to be targeted because they support ukraine in the war against russia and the situation here is we are in america and these jews should be protected at their, you know, school, and they are not is a real travesty. >> sandra: carol, this is the rabbi who sat on the antisemitism task force why he resigned from the task force. listen. >> it was clear to me that we were not going to be able to make the kinds of changes that harvard needed, and i want to make clear i don't just mean the replacement of one person or another person. i'm talking about deep, really system-wide changes in the ideology and the procedures of the university. >> sandra: without people like the rabbi, anywhere near that campus, and what is happening there, i'm sure this is something you've thought a lot about. what is the future of a place like harvard? >> it's depressing, you know. i have a very smart 13-year-old daughter, i might have dreamed in the past she would go somewhere like harvard when she graduates high school. but the situation now is jews are considering where are my children going to be safe and somewhere like harvard simply isn't it. the rabbi is absolutely right. it's not just about changing one person, not about replacing the head of a school. the school has deep systematic problems and a lot is from the dei program, diversity, equity and inclusion programming that makes the situation there are pressors and oppressed and the jews are on the wrong side of it. if we eliminate the dei structure, that would be a start and even then, i don't think it would be the whole solution to getting the colleges back to a place of sanity. >> sandra: this is the yale statement, basically talking about the desecration of the menorah that happened a few blocks away in new haven, connecticut from the yale campus. the placement of the palestinian flag on the menorah conveys a deeply antisemitism message to residents of new haven, including members of the yale community. statement sort of leaves out, so, how is this going to be handled going forward. and that is going to be a big part for the universities to really detail the students, how they will be safe on campus, how they will be made to feel safe on campus, and how they do away with this antisemitism that is appearing to be so prevalent in the wake of all this. >> absolutely. and i really want people to understand that while menorah lighting and this kind of thing is targeted right now, all it means is that eventually other things will be targeted. we already have seen that christmas tree lightings have been targeted for, you know, mobs rioting. we had in new york city, somebody grabbed a police officer's hat and set it on fire. these are not political statements. this is mob activity. this is a way to shut down these celebrations to say you are not safe celebrating these holidays. i think people need to take it seriously. yes, this is happening to jews and jewish objects and holidays right now, it's going to spread to other celebrations as well. if we don't shut this down right now. >> sandra: always good to have you on the program. thank you so much. >> john: looking ahead, first son hunter biden is facing nine new tax charges in a 56-page indictment that reads like a racy novel at points. but jonathan turley says it has glaring omissions and is aimed to not mention the big guy, joe biden. professor turley will explain coming up next. >> sandra: this as we alert in on lukeville, arizona. this is happening right now where the migrant crisis is overwhelming border officials there. cbp sources say at least 5,000 migrants are being released a day. we are watching this scene that is happening right now, and we will take you back to the border live coming up. okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. 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>> he would not give a direct answer. the government says it's clear that hunter filed a false tax return and did not pay his taxes, writing in the indictment in part, between 2016 and 2020, the defendant, meaning hunter biden, spent this money on drugs, escorts and girlfriends, luxury hotels, rental properties, exotic cars, clothing and items of a personal nature, everything but his taxes. these charges were not really a surprise because special counsel david weiss said in a court document in august that he would likely charge hunter for tax crimes in california or washington, d.c. he chose california because the statute of limitations has run out in d.c., and hunter has called it home since 2018. >> did he file a false return? >> did he file -- >> i'm ending where i started. yes or no. >> it's not a yes or no. because you want to drill -- no, of course it's not. in order to file a false return that's actionable, the following things depending on the statute has to occur. it has to be willful, deliberate, hunter was late in filing and paying taxes in certain years. that is a given. as are millions and millions of americans who do the same thing. >> hunter is also facing federal charges on a gun purchase from 2018, meaning he could face two trials next year, the same year his dad is running to keep his job as commander in chief. sandra. >> sandra: david spunt in washington, thank you very much. >> john: bring in jonathan turley, constitutional law attorney and fox news contributor. professor turley, i want to ask about hunter in a second, but to the action that jack smith, the special counsel took earlier today, filing a petition with the supreme court to determine whether or not donald trump has immunity from prosecution, he's trying to keep his case on track for a march start, which is just a couple days before super tuesday. what's your read of all of this? >> jonathan: well, it's not that this has never been attempted before, but it's not the regular order of things. smith had just filed, or this matter was just filed before the d.c. circuit, and then he decided that he wanted to leap frog over the court of appeals and go directly to the supreme court. the only reason for that, he is really focused entirely on trying trump during this campaign and trying to convict him before the election. the question about this would feel that is such an urgent priority that you actually bring this case before super tuesday. usually the supreme court likes to hear from multiple court of appeals. they certainly want normally to hear from at least one on these issues. and so they may not have the same sense of priority as smith who seems almost obsessed with trying trump before the election. >> john: is there any other reason other than politics to want to do that? >> jonathan: well, there's a tactical reason, if trump wins he can pardon himself and then smith will never see a jury in this case. so, if trump does prevail in the election, if he's not convicted at that point, he could give himself a pardon. >> john: and columns, one the charges against hunter biden, 55-page document, a voldamort indictment, he who shall not be named, justice department will evade implications for his father, president biden. in that sense, the indictment itself is a marvel of evasion. what do you believe is missing from the indictment? >> jonathan: obviously it shatters things stated by the president and the white house, it documents a level of influence peddling that we have never seen the like of, just millions of dollars coming from foreign sources going through all of these accounts. but throughout this, there's one person who is just seems to be completely omitted and that is joe biden. it's like arresting a bank robber for speeding away from the crime scene without mentioning why he was speeding. and you know, all these details are how hunter biden got all of this money from all of these foreign sources, from ukraine, romania, china. but there is nary a mention of the president himself. there's also no mention of fara, you know, the department of justice has given out charges like paul manafort in short order. not in any way reluctant to bring charges that you are an unregistered foreign agent. this complaint screams of being an unregistered foreign agent but also not mentioned. but finally, it's also not mentioned, of course, that they allowed some of these crimes to expire. there is still no explanation why the special counsel decided when he didn't have to to let the early felonies expire and all of those questions are left unanswered. >> john: quick question if i could, a co