washington and this is america's late news, "fox news @ night". breaking tonight, americans sick and tired of the illegal immigrant violent crime epidemic as the border crisis and the crime crisis often become indistinguishable. but the media still not getting it. >> our banner said biden announces legal protection for undocumented spouses, cnn, biden announces production for undocumented spouses. fox, migrant arrested for raping 13-year-old. >> i think that's part of the problem, fear mongering. >> kevin: fear mongering. someone actually laughed when they talked about that. funny isn't it? meantime there's also no video tonight showing the details of how that accused illegal immigrant was caught after a group of neighbors were forced to take matters into their own hands. you will want to stick around for that. and happy juneteenth. and moments we have the great leo terrell with his thoughts on the holiday and just how far black americans have come. meantime, a brand-new fox poll revealing whether voters will be prioritizing the candidates themselves are the issues at the ballot box. this presidential election. but before we reveal the numbers, we want to know what you think is most important. we need your input. we want you to weigh in on the nightcap. we will share your responses later in the show. and 86 la city workers including police, firefighters and paramedics want fired for not complying with the city's covid mandate. they are fighting back. we have their stories, just ahead. we begin this half hour with ashley strohmier who has an update on the migrant crime crisis. good evening ashley. >> reporter: hello kevin. new yorkers showing how fed up people are with the brutal crimes being committed in the country by people like 25-year-old christian, an illegal immigrant who has been accused of raping a 13-year-old girl in broad daylight. new video shows a group of good samaritans working together to take down the suspect, tying him up until police arrived to take him into custody. he has told police about that incident since his disturbing, describing himself as nervous at first, then getting comfortable and recording it. he was arraigned on 11 charges today including predatory sexual assault, the highest sexual assault count anyone can be charged with back and rape in the first degree. this is just one of many alarming incidents involving illegal immigrants in recent weeks. one venezuelan man allegedly opened fire on nypd officers after a struggle ensued during a traffic stop. houston-based deportation officers arrested five illegal aliens, one in -- wanted for murder in a two weeks ban. one person is dead after a driver wrecked a semitruck along the colorado highway. the driver has a long history of removal from the u.s., reportedly being deported or voluntarily returned to mexico 16 different times, just since 2002. and then today president biden criticized donald trump for calling immigrants "animals" and while those comments maybe painting a group of people with a broad brush, the crimes we just laid out were egregious. >> kevin: thank you so much, back to you in just a bit. meantime we are going to take a deeper dive into this growing epidemic tonight with civil rights attorney robert patillo and judicial watch president tom fitton. tom, i want to get your thoughts on this, a tremendous soundbite, talking about this idea of well we want to keep families together, that's why we are trying to make changes to our immigration policy. but an open border is not the answer. listen and we will get your reaction on the other side. >> today he has the audacity to say this is to keep families together. what did you do to keep lakin riley with their family, rachel, he ripped up 84 executive actions kick did away with title 42. what have you done for the family of laken riley, rachel and the 13-year-old? >> kevin: that is a powerful reminder of this is not just about policy, we are talking about real lives, real families, real death, real assault. this is real life here and we can't just say well it's a policy position. >> well it's lawlessness. we have these aliens crossing unlawfully and it's no surprise people willing to do that, some of them, too many, have significant criminal records in addition to the criminal act of crossing the border and being here illegally. on top of that, you have the president encouraging the unlawful behavior by rewarding those who cross illegally with amnesty outside the law. so it's compounding and leading to a vicious circle. what i love about the left is that they pretend that illegal aliens commit crimes at no different rate than citizens. will the fact is, there is something terrible about it because when an illegal alien commits crimes like this, because the cry would never have happened put for their presence, which is unlawful. >> kevin: keep in mind if you break the law to get here, you might break the law once you are here. robert i want your reaction, and ohio sheriff talking about this mass of crime, and granted some people would argue listen kevin, and occasional crime here or there does not paint a proper picture broadly speaking of all the people who have come here illegal or otherwise. and yet, again, things can happen. listen to this sheriff in ohio. >> over the past three years since biden has been president, i've had 1000 people in my jail from other countries. 1000. of that 1000, they've committed 2000 crimes. >> kevin: what on earth do you say to that? >> will look, for the last 25 years we've had republicans walking away from immigration reform. starting in 2005. obama compromise 2015, the rubio trump compromise in 2018, a langford bill in congress right now. they've never wanted to do anything about this except talk about it. the reason the american people are frustrated as you have republicans who know how to fund raise, they know how to talk and campaign on immigration but when it's time to compromise they walk away. >> kevin: what about what reagan did? he made a compromise in people's head that should do it. that did not do it. >> that was in 196 and that was called blanket amnesty at the time. of republicans have not come up with anything besides amnesty since then, the democrats have legislation that can solve the problem. we just need partners willing to come across the aisle to pass real laws. >> kevin: pass real laws is what they will tell you on the street and capitol hill. in the 15 seconds we have left, what if anything happens this year if at all other than an executive action that will likely be shot down by the court? >> they can't get amnesty through congress which is code for the reform that my colleague here is highlighting. and so what biden is going to do is to push amnesty through executive -- he's going to break the law in order to achieve these political results, which is so terrible in my view. >> kevin: which means it's either back to court or if there's another president come the fall, it will all get changed again. robert, i owe you a solid, thank you. tom, thank you. time now to talk about how the mainstream media is suspending this collision of two major crises with independent women's forum senior fellow and district media group president beverly hallberg along with the federal staff contributor evita duffy. i love talking about this because this is one of those issues where no matter how you slice it, you should be honest about what the country is facing here, beverly, and yet at the same time sometimes if you listen to let's just say different networks, you might get an entirely different viewpoint of how things are going. let me share this from mr biden yesterday talking about the goodwill of the american people as it relates to fear mongering and welcoming immigrants. >> the patients and goodwill of the american people is being tested by fears of the border. they don't understand a lot of it. >> our banner said soon biden announces legal protections for undocumented spouses, cnn said biden announces good protections for some undocumented spouses. here was boxes, migrant arrested for raping a 13-year-old. i think that's part of the problem. fear mongering. >> kevin: fear mongering if it's not a family member of yours. the laughter is just despicable. beverly. >> what kind of surprising too is that joy reed focused her segment on the fox news headline just not seeming to understand that fox news also covered president biden announcing this executive order. there just happens to be another story, a big story, and that is the tragedy in new york where this 13-year-old girl was allegedly raped. i'm glad we have a small bright spot in that in that it's the neighborhood and community coming together to apprehend the suspect. what it seems like she doesn't understand his first of all what the news is. as you were saying, for her to have this laugh, to say this is be a mongering, how does that make this girl and her family feel? on so many different levels, this is just poor taste and i think just shows how joy reid doesn't understand the news industry. >> kevin: i think i speak for most people when i say its disgusting to laugh, especially at something like that. the argument will be it wasn't meant to make light of what happened, but she did laugh. >> here's the thing, joy reid is insulated from the crime that we are seeing from this immigration crisis. she is somebody who has a doorman in a penthouse who gets driven, she doesn't have to take the subway. she's completely isolated from all of the really horrible things that regular americans are being exposed to. but here's another important thing, is this is about democrats, democrats not believing in freedom of information, because she saying we can't report on the news if it doesn't actually jive with our narrative. the director of -- john easterly said they believe the government's job is to protect americans cognitive infrastructure, meaning our minds. democrats in the media and our federal government do not believe you should have freedom of information, they don't believe you should be allowed to say, think and hear things that they do not approve of. >> kevin: that is exactly what i've heard from critics and i think a lot of people would agree. in the 15 seconds we have left i'd love to get you pulled quickly to weigh in on this. this is from fox, the headline says biden's ads haven't been working, now he's trying something new. people are talking about this idea, beverly, that what the president is really doing is he's trying to shift the focus again to threats to democracy, but it doesn't seem to be moving the needle much. fifteen seconds. >> the economy does stand out. i will say, the debate will be huge next week. there is a low bar for president biden. if he can just not stumble his way through it i think that that may play well for him but he has major issues especially with the youth vote and his age. >> kevin: a vita, ten seconds. >> bidenomics is not working for americans, people can't afford their rent or groceries. this open border is not going to fix the problem. >> kevin: evita duffy, beverly hallberg, thank you for spending time with us tonight. there are reportedly growing fears inside the democratic party that president biden's campaign does not believe all the polls showing him trailing former president trump and therefore they don't have a serious plan to beat him. correspondent christina coleman live with that tonight. hello my friend. >> reporter: hello kevin. ask io's reports that some of president biden's aids are becoming more dubious about biden's plans to win the election. reporting that biden's campaign strategy relies on voter concerns about january 6th, threats to democracy and former president trump's character. but most voters are concerned about inflation and the economy. reporting that a democratic strategist in communication with biden's campaign said "it is unclear to many of us watching from the outside whether the president and his core team realize how dire the situation is right now and whether they even have a plan to fix it. that is scary. meantime trump still hammering biden on the economy, blaming the president's policies on everything from energy to immigration, for inflation and housing on affordability. here he is at a rally in wisconsin last night. >> biden's inflation price hikes and energy destruction have caused the average american family an astonishing $28,000. think of that, 28,000. on day one of my new administration, we will throw out bidenomics and replace it with maganomics. >> a new fox news poll shows president biden leading the former president by two points in a head-to-head matchup. fifty% of respondents say they would vote for biden. it is best showing at this election cycle, in the first time he's been ahead of trump in our poles since october of last year. it's also a three-point in that improvement from last month for biden but still within the margin of error, still a very close race. >> kevin: thank you so much. let's discuss what appears to be an increasingly dire situation, at least for some democrats, with senate working group executive director attorney james kimmey along with rnc surrogate and attorney mehek cooke. great to have you both with us tonight. let's begin with you, james, i want to share this, this is from frank, a smart pollster, he's talking about this notion of yeah, the polls are tight but the problem is, the polls are tight. he will explain it and i will get your reaction. listen to this. >> yes, trump dropped a few points after being found guilty on 34 felony counts. but remember this, that would have destroyed any candidate as recently as ten years ago. the fact that donald trump is still even with or in some cases leading joe biden after being found guilty of 34 felonies, oh my god, that is so significant. >> kevin: i think he's on it, i think he's right. >> he absolutely nailed it. i think anybody else, any other candidate. >> kevin: dead in the water. >> absolutely. but there's something about donald trump. i think the american people like him, they are realizing that what we've seen these last three years versus what we saw in trump's first four years. on top of that i think people are realizing that what trump has been saying all along, the trial in new york a complete sham. i think people are realizing he had a rope judge, potential mistrial on the horizon and then the appeals will ultimately throw it out. the american people aren't stupid, they are realizing what's going on and the fact that he's in polling trailing by two points, the campaign is just getting started. >> kevin: and not only is the campaign just getting started, president trump hasn't spent a lot of money yet either. he's a sort of back loading all the campaign cash. i think james neal's it when he talks about the idea that we have two very recent data points we can compare just a few years ago to how things are going now, that seems to be what's happening in the polling. >> i think you are right, kevin. at the end of the day we have very distinct data points. we have four years ago were president trump had the strongest economy, we had a secure border, and we knew that our children were going to continue to prosper and live the american dream. under joe biden's america, all we have continued to see his death and destruction. is open border crisis has allowed over 12 million illegal immigrants, and then joe biden decides to double down and allow half a million more illegal immigrants to get some sort of amnesty in the united states. what about black americans, what about hispanics, what about asians, what about the people working the hardest and not thriving today? biden has abandoned his base and this is why president trump is going to continue winning in polls. >> kevin: this is another issue and i'm glad you mentioned it. it's not just black americans, hispanic americans, i talk to asian-americans, south asian americans who have been in this country, who came here legally, they work hard to get here, and they are incredibly frustrated. they feel like sometimes their voices are heard by this administration either. or he quickly i want to get you both, ten seconds to get your thoughts on the virginia fifth. this is the district five gop primary. ninety-eight% of the votes mcguire over good. another trump vote of confidence maybe the difference here. >> absolutely. i would say when it comes to virginia's fifth congressional district, it is so deep red. don't try to trump donald trump. donald trump came into this race obviously for a lot of issues that he had with the congressman. you look back at the history of how the congressman got into congress, it was through a pretty archaic convention system. this was his first real primary. the people are speaking up and i think we will know more on friday. there will be a state-funded recount, very seldom do we see actual overturns of results during a recount. i think mcguire will be the next congressman. >> kevin: i think he will and i think the former president felt like good did not do him a solid by going with ron desantis. mehek cooke, i ou, thank you so much for joining us tonight, we appreciate it, thank you james. >> thank you kevin. we are going to use juneteenth as an opportunity not to talk about systemic racism and these terrible things but the tremendous opportunities black people have taken advantage of in the country and done very well for themselves and made this the most amazing and incredible and attractive country in the world, largely as a result of the contributions of black americans. >> kevin: today on june 19th americans across the country celebrating juneteenth, the 159th anniversary of the end of slavery. want to talk about what the day means and about what was said there so eloquently with fox news contributor leo terrell. i don't have a ton of time, i just wanted to get you on the show tonight and get your thoughts because i think sometimes, leo, people forget how incredible, broadly speaking, certainly individuals, but i think broadly as a group, black americans have done when compared to countries all over the globe. your thoughts? >> i think very simply that this country is the greatest country on the planet. black americans since the horrors of slavery, you look at where we are now, we have black mayors, black governor, we had a black president, a person of color, we have two black individuals right now hosting a new show on the number 1 cable show in -- and a block contributor, this is what america is all about, the opportunities that exist. i want to be clear, systemic racism no longer exists. we are not living in the 1950s. this country has freedom and liberties for everyone. that's why people of -- all over the world coming to this country. but the race card unfortunately is still being played by a particular segment of the community. why? because they want to divide us. this country is stronger when we are united. i would rather be called an american than a black american. we are all one people. >> kevin: i'm so glad you said it that way because i grew up at a time in this country's history where everyone talked about we are all the same, we are just people trying to get along, and we all get along together, that whole thing. now it seems as if at least politically speaking there are forces trying to divide this country when in fact that would seem to be the least productive, in fact the most counterproductive thing possible. in the last 15 seconds or so we have left, what's the one take away from a day like today? >> i think it's a day that we have to appreciate and we have to go forward. the one thing i can say about president trump, his message of issues involving immigration, lower taxes, low inflation, those are american issues that affect people black, white, brown and yellow. i think that's what you see a 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