what the republican congress refuses to do, take the necessary steps to secure the border. >> it's windowdressing. it was -- >> democrat believe we can and should secure our borders while opening up more legal pathways. >> vietnam. what country are you from? mauritania. >> the numbers are struggling -- sirena compared to what they used to be from when i grew up. >> i entered the country in a legal way and i think that's how everyone should enter. >> ♪ ♪ >> neil: and now did -- president biden take executive action on the border. now is -- is the executive order border speaks to us. home security alejandro mayorkas in a first on fox, that is coming up. first fox team coverage with jackie heinrich at the white count and what action the president is taking. and bill melugin in california on one impact and it happening on the ground. welcome everybody. i'm neil cavuto. we've got a busy, jim, before you. really will go first of the white house. >> the president said this was an injury to gain control of the border, a pretty stunning acknowledgement given that for the last three and a half years for much of what had his top officials including the dhs secretary testified multiple times that the border was secure and that they had operational control of it matters also a reversal from the president's previous comment that he had already done all he could with the stroke of a pen but this change that will shut down access to the u.s. asylum system after illegal crossings average 2500 a day over a weeklong period, we're already there. we are told this goes into effect midnight remaining so until illegal crossings that belong an average of 1500 a day in my those who come anyway will be deported -- unless they meet a hampton standard of credible fear against the u.s. -- you and standard of -- such as through the cbp one app. republicans call it a political stunt five months out from an election and progressives, the congressional hispanic caucus and immigration advocacy groups are also railing against and grandmother easily you in fact is suing single changeable "severely restrict people's legal right to seek asylum, putting tens of thousands of lives at risk." the president defended his decision. >> president joe biden: for those the state the steps are -- uptake and are too strict, i say to you to be patient. good american people are winston right now. doing nothing is not an option. we have to act. we must consistent with both our laws and our values, our world -- our values as americans. i think these steps to date not to walk away from who we are as americans what to make sure we preserve who we are for future generations to come. >> more than 8 million people have already crossed in to the u.s. illegally under this president come more than 5 million remain here. the fbi director testified in capitol hill today that the current risk is greater than ever before. >> when i sat here last year, i walk through how we were already in a heightened threat environment. and since then, we've seen the threat from foreign terrorists rise to a whole another level. increasingly concerning is the potential for a coordinated attack here in the homeland. not unlike the isis-k attack we saw a russian concert hall back in march. >> the president claimed -- framed his decision as a show of leadership in the face of republican obstruction led by trump who wanted to recognize the border issue in the upcoming election. >> neil: jackie heinrich, thank you very much. twenty thank you to holcomb let out -- >> neil cavuto is crystal clear with the announcement of this executive order today president biden and hoping to cut down on some of these damaging images of these massively legal crossing crossings we've been seeing at the southern board including one that happened right here were i'm standing in san diego county this morning. we'll get right to the video. this was 1:30 am pacific time here in holcomb by each -- east of sundown -- really from all around the planet crossing illegally with no resistance whatsoever. they walk on the mexican military underside of the border then came through a gap in the border wall here. the game from all the place. mostly single -- and africa at the time there was only one single border patrol agent on hand trying to corral all of these illegal immigrants. some of them were from countries that are considered as special -- special interest countries, some of them didn't know where they were going. they were asking us where they were and where is border patrol. we had a chance to talk to some of them, take a lesson. where are you guys from, what country or? >> mauritania. >> from africa? >> yes. >> why did you guys come to the united states? what country? >> nepal. >> are all of you from nepal? >> yeah. >> know english. >> what country? >> vietnam. >> what country are you from? >> mauritania. >> mauritanian's? >> yes. >> what country did you come from? >> india. >> this is america. you see the red lights? this -- that's border patrol -- >> san diego -- >> neil: take >> this remarkable estimate of these illegal immigrants were waiting for border patrol without imposing in front of the border wall here and taking selfies and photos can of using the border wall as a prop or a background for their social media celebrating the fact that they have just successfully crossed illegally in to the united states. big smiles on their faces, some flashing comes up really little to no fear of consequences and back here -- president biden's new executive order is set to kick in at midnight eastern time so that would be 9:00 pm pacific here in san diego county. the sector has been the busiest along the southern border, been getting these big estimate legal crossing everyday. every single night. we'll be out here at 9:00 pm tonight to see what happens when the first waves of migrants crossed illegally and see what can of pasta change there is -- there potentially taking place as a result of this executive order mckesson about do you. >> neil: thank you for -- maybe i can clarify something that has come up here that whatever these numbers that the administration is saying this well-dressed, it is not not address the roughly 1500 a day that the cvb regularly processes and then releases every day. so they are not part of this. >> correct. not only that but it will not address legato is, and will not address the millions that this organization has already allowed to come in. with a plan for those? if they really want to check people's asylum claims, what are they -- are they going to fast-track their cases? are they going to go find them? was going to happen their? and you know what, a bigger thing, because i've been out here on this border for years why -- okay? i grew up here, i was smart and want to tell you who controlled the southern border and who's still going to control it is the drug cartels. they're going to determine what hours of the day what groups are going to cross. they're going to know what the numbers are. they're going to know where to send people and what individuals who sent and at the end they're the ones that will control who they want to cross in to the united states and that's what's going to happen because it's happened before, you know, under other situations where they've said, hey, we are going to process so many individuals and then we're going to send them to another area to the department. you know what they're doing. the drug cartels are still in control and something like this is still going to be in the hands of the drug cartels. unfortunately. and is a situation in this administration created. they created this years ago and now they're barely addressing it and even then so, you know, this executive order club gone further. but they chose not to do th that. they just wanted to enter that way they make it to the finish line of the elections. >> neil: i was intrigued at this practice does not include everything -- to take advantage of that? >> definitely. it still puts the lives of the unaccompanied children at risk remember it's obviously something has been seen before and at the same time a lot of these unaccompanied children people need to understand, you're looking at individuals that are 16 and 17 years old many times and they don't carry ids seal -- so it has been very easy for a lot of these groups to have adults in these groups and say, hey, he's unaccompanied child went in -- realistically he is not under the age of 18. >> neil: so where does this go? what do you think happens? will this do anything to the numbers that are now routinely 2500 a day? so this -- >> i think the numbers will definitely go down some. you'll see it. but at the same time look at the best matter cartels are very good at adapting. they're going to adapt rather going to decide what areas are going across the groups, they will decide what individuals are going to come across initial going to see a lot of the god always, you're going to see more runners, you're going to see a lot more of the failure to lead by the vehicles. she will continue to see that because it doesn't stop. on it does is it provides a small band-aid that way in the public eye it looks like somebody is doing something. but what needs to be done is everyone coming across needs to be detained. you can just at a number. getting everyone, have immigration asylum officers actually look at the gates and immediately. those that don't qualify need to get sent back to the countries. you have to and catch and release altogether. you can set a number at it. >> neil: art, thank you very much. art doll -- ardell cueto. and asked how -- his take on this developing -- republicans are seeing too little, kool-aid even the aclu saying its a really reduces -- so not winning fans on either side. his thoughts coming up. >> ♪ ♪ ♪ oh my god. 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[clock ticks] ♪ ♪ switch to shopify so you can build it better, scale it faster and sell more. much more. take your business to the next stage when you switch to shopify. >> ♪ ♪ >> neil: the hunter biden controller is now on and keep in mind the president's on if an guilty in all these charges could be behind bars for more than a couple of decades. it's unlikely but you never know. david spunt in wilmington now with the very latest. >> the prosecution open up telling during the first of all nobody is above the law it doesn't matter what your last name is especially biden in the state of delaware. and also said while being connected to drugs may not be a choice it was a choice hunter biden to check know and say that he was not addicted to drugs around the time when he purchased the gun in 2018 which is really central to the case. jurors saw the actual form from 2018 win authorities say he takes no. that's hunter arriving this morning with his wife, the special council team plans to present evidence that hunter smoked crack roughly every 20 minutes every time -- he also -- the first lady jill biden also in the courtroom, she was there to support her son. ashley biden also in attendance as well. the first witness will still understand our cross-examination just began an fbi agent named erika johnson who joined the case last fall five years after the alleged crime. he says his job -- her job -- his audiobook was played in court, a dramatic moment when jurors heard his own words discussing an action. ashley biden could be seen getting emotional and the first lady -- to the jury today that hunter was abusing alcohol and not drugs when he bought a small handgun and he owned it for 11 days. he went on to tell the jury that hunter was rushed by local sales clerk at the wilmington, the works there was making to make mackey sent the partition are establish a chain of custody undergoing pouch which had allegedly white residue, possible cocaine residue. why? because he said hallie biden the widow of hunter's late brother -- and she found the gun and hunter's car, put it in a pouch, to it in a garbage can outside a local grocery store. someone was going through the garbage can, found it. it's been in evidence for the past five years. was also been in evidence as hunter's famous laptop. the laptop we've heard over and over about since october 2020 mind that laptop was actually presented in court. not officially opened, it wasn't turned on, it wasn't hooked up to any type of screen or anything but it was shown it does exist, has been in evidence and prosecutors plan to "-- will directly from that laptop over the coming days, neil. >> neil: did thank you for that. david spunt in wilmington delaware. mercedes they say that they can wrap this up last no more than two weeks, they're moving at a pretty good clip. what you think of that? >> certainly there not a lot of witnesses so this is a pretty clear and cut case for the prosecution's manage point because you're talking about a couple of questions -- an illegal drugs at the time and that answer was no. and because it's a simple, case its something that could be pretty much easily prosecuted from the prosecution vantage point. have a couple of witnesses that are going to forward and the friends, families that are going to come forward that allegedly new of his drug use. and that should be done and wrapped up pretty quickly. >> neil: like amateurs mercedes what you make of the notion that, you know, if he were found guilty of these charges he can be behind bars for 20 plus years. that seems unlikely. but it does remind you of opportunities mist with his collegial that sort of fell apart when the judge last summer said no, slowdown, right? >> well sure. there was a plea deal, it was honestly excellent an advanced part to get this kind of deal where there would be no jail time. what he might be reading of this condition which to your point, neil, highly unlikely that was spent 25 years with -- highly unlikely. but that deal was very -- win that was done by the defense in collaboration with the prosecution and it was done unfortunately the choir -- the judge just did not like the deal and it was presented and ultimately fell through. >> neil: you know, what do you make of the notion a lot of critics of this trial are saying, you know, it's a hometown crowd that is an advantage for hunter biden. his father in a rockstar in that area in delaware, period, statues and -- jill biden shows up as in -- what do you make of that? just the opposite for donald trump in new york where it might be his original hometown but it would seem that way and that was an argument that simpson was not fair to the former president. what about in this case? >> while the prosecution came out right out of the park -- during the opening and closing -- where they said this is not about the president's on. this is not about his last name. this is all about -- all about the fact that a foremost sent forth in answer to a question that was that -- and it was a lie. it was because of his actions, not because his last name is biden mso they really did hone in on the obvious. this is the president's son and why is his mother in a courtroom? because that's his mother. because -- so any notion that he's being persecuted because of his last name, because of it's affiliation with the president, a week goes out the window from the prosecutor's perspective. from the defense perspective is a lot different perimeter defenses honestly look at this is being targeted. and you hadn't come across iniquity arguments. -- will have to see what happens in the closing but the opening arguments, the defense was very clear in saying there is no intent here to the front and to lie. there was no intent with these -- will have to see where it goes. it's a simple gain at the end of the day and we'll have to see whether jury jury decides us whether or not there was intent to actually lie on those forms when the gun was purchased. >> neil: guarded. mercedes, thank you very much. mercedes common following of these developers. the trial resumes tomorrow, they think you can wrap this up into weeks, we shall see. -- merrick garland attorney general today. at issue the weaponize should of our legal forces, after this. >> you're about to nominate a convicted felon and they don't know how to cope with that. >> many americans believe there's now a double standard in our justice system. to believe that because there is. >> ♪ ♪ longest lasting pilot g2 has long been the hero of gel ink pens. and what hero doesn't have a dark side? 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