>> as the houston community prepares to say good-bye to 12-year-old jocelyn nungaray we are learning brand-new details about her brutal murder, allegedly at the hands of two illegal migrants. authorities are awaiting official confirmation she was sexually assaulted. if so, the death penalty could be on the table. welcome back. another tough story. i'm sandra smith in new york. bret, great to be with you today. >> bret: i'm bret baier in washington in for john roberts. this is "america reports." prosecutors say jocelyn fought so intensely that scratch and by the marks were still visible on one of her alleged killers. both suspects now being held on $10 million bail, facing capital murder charges. speaking to sean hannity last night, jocelyn's family slammed the biden administration's immigration policies. >> it's just sad that -- i mean, it happens all over the country. we need a safer country. >> these men, illegal men, took that opportunity from my daughter, from our family of watching her become this amazing person. >> sandra: jocelyn's family is reeling from her brutal murder, and some house democrats won't even talk about it. >> let me ask you quickly about the 12-year-old girl in houston that was tortured. >> i don't even know who you are, who she is. i live in pittsburgh. >> okay. but there was a child killed in -- >> i don't know anything about it. >> bret: we're live in houston with the latest on this story. nate, what's happening there today? >> reporter: well, bret, tomorrow is the funeral. today prosecutors and really investigators are awaiting the results of those tests that you mentioned to determine if the sexual assault happened, which would make this case death penalty eligible. they're also processing digital evidence from one of the migrants' phones they confiscated. the migrant who was arraigned in court yesterday, prosecutors say he admitted to tying up jocelyn and throwing her body in a creek to wash away dna evidence. today dan patrick has this message for joe biden. >> while we're there looking at the casket, praying for this family, he will be letting more animals like the two that allegedly killed her into this country. look, if only one or two or three percent of the 10 to 12 million that have come in under biden, that's some of the worst people on planet earth in this country. >> reporter: bret, as you mentioned, the judge set bail at $10 million for both migrants. prosecutors say one had bite marks on his arm at the time of the arrest, indicating that jocelyn fought back. while 26-year-old pena admitted to kissing the 12-year-old girl. jocelyn's attended both arraignments. she didn't say anything, but she and jocelyn's grandfather spoke about it last night on "hannity." >> think of the angels that shouldn't have been taken away. these people, you don't wake up one day and decide to commit this horrific crime. these are people used to doing this type of things. >> reporter: investigators are looking into any possible gang affiliations for both of these suspects, while jocelyn mayorkas' funeral is now 24 hours away starting at 2:00 eastern time tomorrow afternoon. bret? >> bret: nate, thanks. sandra? >> sandra: meantime the biden administration is touting its border policies, claiming migrant encounters have dropped 40% the last three weeks since biden issued his executive order, but failed to mention the more than 5 million illegal migrants crossings during his watch, and they're still living in the u.s. new numbers reveal the agency has flagged more than 400 migrants brought here by a smuggling network linked to isis. alejandro mayorkas pushed back on a question from our matt finn last hour. >> that reporting is inaccurate. we do not have identified 400 people with potential isis ties. precision, when one is addressing the facts is very, very important. >> sandra: let's bring in tony gonzalez, member of the homeland security and house appropriations committee. thank you very much. there's a lot to take in. about the reporting that fox has confirmed, about the 400 individuals brought to the u.s. by isis-affiliated smuggling network, perhaps he's getting off on a technicality there, because the question was asked about 400 migrants with ties to isis. dhs is saying they have not confirmed whether or not any are on the terror watch list yet, but they certainly could. >> thank you for having me on, sandra. i would say it absolutely is an issue here. these are 400 that we know of. it is a much bigger, deeper problem that house republicans have been screaming from the rooftops for years. you're seeing the results of this, the terrible tragedy, what happened to jocelyn and other americans. innocent americans are being killed every single week because of these policies that joe biden has created. they've given up on keeping americans safe. and so whether there's 400, 4,000, or whether there's four to folks on the terrorist watch list, there are a danger -- there are a real threat to american safety. they have to be removed. they have to be deported. >> sandra: congressman, why the lack of -- i mean, mere skepticism good who these individuals are? who do you think isis wants in the united states? who do you think they sent over here? i mean, this is the statement from the dhs senior official in the reporting. quote, there is no intelligence that suggests the remaining individuals pose an imminent threat to the homeland. why so quick to dismiss these could be really bad people? and if not all of them, some of them, leading to bad stuff in this country. >> sandra, there is a direct threat to american safety, period, because of this border crisis. how many americans have to die before we take this serious, right? how many innocent people have to be killed in this process? does a major terrorist action need to occur? i mean, you hear it from every national security official. every light is blinking red. you saw what happened in israel. you saw what happened in russia when terrorists from tajikistan attacked this concert. it's only a matter of time. we have to unite as americans. we have to hold the biden administration accountable. no more words. we want actions. we want our children and our communities to be safe. that's why house republicans are pushing hard in this homeland security appropriations bill this week to get exactly that. >> sandra: so much more to get to here. i'll put the cbs headline up on the screen. this is huge news at this hour. eight men arrested with ties to isis feared to have been plotting potential terrorist attack in the u.s. this was federal agents that apprehended eight men from tajikistan. they said they were concerned the men had been plotting a possible attack on u.s. soil. okay? so take that in. and then again take the waving off of what is happening right here on american soil, from people who should have never been here in the first place. our own hillary vaughn pressing democrats on capitol hill earlier. listen. >> should we be releasing people until we're absolutely certain of their intentions and whether or not they are potentially going to end up killing an american? >> i think it really is important to make sure we know people's intentions, and we have a process for that. sometimes people slip through the cracks. >> undocumented immigrants commit far fewer crimes than anyone else. >> aren't the crimes preventible if we didn't allow them into the country? >> the statistics, the crime rate among immigrants, is far lower than the crime rate among native-born americans. the issue is wrong. >> aren't the crimes preventable if the people don't have a right to be here in the first place? >> i've said what i'm going to say. >> sandra: the first lawmaker, a democrat from florida. sure, i think it's important we know people's intention, and we have a process for that. who is going to tell him it's not working? jocelyn nungaray's parents, the 12-year-old, brutally assaulted before she was murdered down in texas? >> yeah. that's great reporting, because today we're talking about, both from texas and georgia, and all over the country. tomorrow it's this your backyard. it's already in your backyard now. i guarantee it. some of the members of congress may just not know it. you know, i represent nearly half of the southern border. i visited a facility about a year ago. this is just one small example. i see one individual. he's got face tattoos. he's got teardrops on his face. hand tattoos. i asked the chief, i go, hey, what's up with this guy? what's the story behind him? he goes, tony, he's super venezuela. we have no information on him. it doesn't take a rocket scientist to go, i don't want that person in my backyard. these aren't people looking for work, fleeing political persecution. the people are dangerous. it needs to stop by the biden administration deporting people here illegally. >> sandra: the process is reactive rather than proactive, stopping people that shouldn't be coming here in the first place, so they can't carry out the horrific crimes that some of them have. appreciate you joining us, congressman. thank you. >> thank you, sandra. >> sandra: bret? >> bret: it appears the supreme court will side with the biden administration on a case involving emergency abortions in idaho. the reason we say it appears, this is according to bloomberg news, a copy of the ruling briefly appeared on the supreme court's website this morning. we covered this with shannon bream earlier. it suggests the justices will reinstate a court order that allows hospitals in idaho to perform the procedure when a pregnant woman's el toro health is in serious risk. the biden administration had sued idaho over this issue. the case will continue at the court of appeals level if the high court dismisses proceedings. this is truly remarkable. we don't know if this is exactly what will happen when the ruling comes out, as we mentioned last hour, but this would be the second abortion case that had a preopinion opinion. dobbs happening two years ago. >> sandra: very rare this would happen. we'll see where it goes, bret. pretty crazy. great to have shannon on that earlier as well. all right. now this. >> there's fire on one side. thanks, man. i got smoky conditions, smoky conditions. >> sandra: dramatic footage showing the moment a heroic police officer runs into a burning home to save a trapped man. we're speaking with the officer himself and how he's being honored for his bravery. >> bret: wiplus, president biden and former president trump are going head-to-head on the stage. will they bring their "a" game? our political panel weighs in ahead. >> i think mr. trump will do excellent. i think he'll knock him out of the ballpark. >> both candidates need to answer the questions honestly. >> i've decided who i'm going to vote for. 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(♪) harlem has everything. but i couldn't find pilates anywhere. so i started my own studio. and with the right help, i can make this place i love even better. earn up to 5% cash back on business essentials with the chase ink business cash card from chase for business. >> one day until joe biden comes out of hiding and faces off against donald trump. >> sandra: tomorrow night president biden and former president donald trump will face off for the first time since 2020 in the cnn presidential debate. both candidates taking much different approaches to prepare for the high stakes matchup. jeff hall is live from palm beach, florida, for us. jeff, i imagine a lot is happening behind the scenes at this moment. >> reporter: if only we knew what was going inside mar-a-lago. we did check in with the trump earlier today. they tell us that, yes, former president trump is right here at his home in palm beach. they say he's continuing on with his regular work schedule, but they did point out, this is a stark contrast in their minds to what president biden is doing right now, which they say he's been hiding for a week. we know that president biden right now is at camp david, where he's been working with a bunch of different advisors, using a former movie theatre and airplane han hangar as a practie stage. biden has been engaging in mock debates, with an advisor playing the role of trump. trump spent last week campaigning, attending a rally at temple university in philly. jason miller said, how do you take a week off like that when you're the leader of the free world? florida congressman byron donald has asked about the contrasting strategy prior to the debate, specifically questioned if he had any concerns, many downplaying biden's mental acuity, that it might help biden however he performs at the debate. >> president trump expects biden to do a good job. the last state of the unions, i think he's going to come in -- obviously he's doing a ton of prep work. i never heard anything of that, eight days at camp david, never heard anything like that, but that's what he's doing. >> reporter: despite the former president being here in palm beach, we know that trump's campaign hosted a roundtable, black american business people roundtable in atlanta at a barbershop. we know that congressman donald was there. we are expecting former president trump to eventually travel to georgia for that very first debate of this election cycle. sandra? >> sandra: jeff, thank you. bret? >> bret: voters are looking for both candidates to bring their "a" game to tomorrow, but we're looking at a new poll showing confidence in biden lacking among democrats. 42% satisfied with him as their party's candidate. six in ten republicans satisfied with trump as their pick. let's bring in a republican media consultant and a former director of magic communications. gentlemen, thanks for being here. we'll talk about strategy in a second. a "washington post" poll, key swing states, put the voters and what they're thinking, how they're going to vote, whether they're probably or definitely going to vote for this person. there you see the breakdown. the states are key. arizona and georgia, michigan, nevada, pennsylvania, wisconsin. alex, that does set the table, matching what we've seen leads of trump in other states. this poll has five of seven swing states with trump in the lead, some of them outside the margin of error. >> this should be the point of the campaign where the mickey gilley factor kicks in, where don't all the girls get prettier at closing time, rht? people know both candidates. we've seen them for decades. we've seen them in this campaign. democrats should be coming home to biden, not doubting biden. the obstacle is what the record -- the country's a lot less safe than it was four years ago. illegal immigration is out of control. young girls are losing their lives and being accused. the russians are running amok around the world. biden's problem is not his campaigning. it's his record. he's not getting that -- democrats -- if you're a democrat, don't have doubts about biden to force you, biden has a problem. >> bret: there's double haters, folks that don't want either choice, angry about it, that they have this choice. in this debate, are you going after them to try to make them hate the other guy more? >> i don't think he's going after them to hate trump more. i think what he's going to do is show donald trump's record, and then show the american people what they've forgotten about donald trump. the three of us probably absorb more political news than is healthy, but the most -- most americans don't. they've forgotten the chaos, the corruption, the violence that happened under trump. like the most violent crime committed in this country was in donald trump's last year in office. so joe biden has to -- >> bret: which was what? >> 2020. telling us to inject bleach into our veins and -- >> bret: taken out of context in retrospect. let me ask you this. you have two administrations essential hilly. you have one of what happened, what people remember, and one they're in the middle of and living. there's a contrast in front of them. do you deal with that or deal with what you're talking about? >> both. there will certainly be a contrast. biden will have to explain his record, why all these legislative accomplishments are having an impact on your life. it m may take a while. i describe joe biden as the gop's garbageman. he came in after the housing crisis and financial crisis in 2008 with president obama. had to clean up. he came in after donald trump with a pandemic, a global recession, he had to clean up. cleaning up the neighborhood takes time. >> bret: well, i will say he also came in with low inflation, and he cleaned up to 9% at one point. now it's at 3.3%, alex. >> he came in with a safer world, where there weren't wars everywhere. we've gotten the opposite. look it, joe biden runs on his accomplishments. he has to explain that he's going to drive the nation even farther over the edge. god help us for many more joe biden accomplishments. >> bret: going to be fascinating to watch. got the popcorn ready? >> i'm excited. >> bret: thanks. tune into fox news democracy '24, special coverage of the presidential debates simulcast. our coverage begins at 8:00 p.m. eastern time. a cavs of thousands. sandra? >> sandra: another consequence of the border crisis. as a top fed official now ties the influx of migrants in this country to pushing inflation even higher. we'll dig in. >> bret: plus, minnesota officials on high alert after a flooded dam suffers a partial failure. max gorden is near that dam site in that township. max? >> hey there, bret. dramatic scenes here in minnesota as a raging river breaks through this dam. we'll have the latest on the flooding to hit the midwest coming up after the break. we handcraft every stearns & foster® using the finest materials, like indulgent memory foam, and ultra-conforming inner-springs, for a beautiful mattress, and indescribable comfort. shop now, and save $400 on select stearns & foster mattresses. with so many choices on booking.com there are so many tina feys i could be. so i hired body doubles. indoorsy tina loves a deluxe suite. ooh! booking.com booking.yeah voices of people with cidp: cidp disrupts. cidp derails. let's be honest... all: cidp sucks! voices of people with cidp: but living with cidp doesn't have to. when you sign up at shiningthroughcidp.com, you'll find inspiration in real patient stories, helpful tips, reliable information, and more. cidp can be tough. but finding hope just got a little easier. sign up at shiningthroughcidp.com. all: be heard. be hopeful. be you. lumineux whitening strips. no peroxide. no pain. i can use them every day if i want. eat what i want. drink what i want. pop in a lumineux strip and hello... ...my smile is back on point. easy. ♪ ♪ innovation in health care means nothing if no one can afford it. ♪ at evernorth, we're helping to unlock barriers. ♪ using our 35 plus years of pharmacy benefits management experience to save businesses billions while boosting medication adherence. helping plan sponsors and their members be at their best. that's wonder made possible. evernorth health services. >> bret: fox weather alert now. minnesota officials warn a major dam could be at risk of collapsing after rounds of torrential rain and severe flooding. fox weather correspondent max gorden is live from minnesota. max, what's it looking like there now? >> reporter: dramatic images here from the dam after a partial dam failure back on monday. the western side of the dam gave way. you can see behind me, the blue earth river has been raging. it's been eating away at the western side of the bank. today we've seen trees falling in. we've seen large rocks, boulders, clumps of dirt. it's unclear if more parts of the dam will continue to fail. no mass evacuations have been issued. yesterday a house on the west side of