fox news and night. breaking tonight, a careful who you rent to. even short-term rentals are becoming long-term havens for squatters and the massive influx of illegal immigrants under the puck to the administration to do with the problem. in new york city even's waters -- squatters who should be in jail or in a different country cannot be pulled out of the house. we are live with the amazing twist on the story. >> reporter: good evening. it was confirmed tonight that almost all of the venezuelan illegal aliens squatters arrested by nypd had previously been caught at the texas border by border patrol and were released into the u.s. and one of them was later arrested for attempted murder last summer. fox news was on scene at the bronx today as i.c.e. deportation officers arrested three of those illegal aliens squatters at the same home where nypd found guns and drugs amongst the squatters last week. right across the street from a school. is fox previously reported, nypd arrested eight of the squatters at the home but six of them were quickly released without bail. this is despite facing multiple gun and drug charges. neighbors are outraged. >> it's ridiculous. that's what angers me the most, the school is right there. you asked them to move their car and you get these looks like who are you? i've got friends that are cops, relatives that are cops and they can't believe that this is going on. >> reporter: deportation officers arrived after our call he had an exchange with one of those illegal aliens squatters. hector, a man i.c.e. says was attempted for attempted murder last summer. he pulled up to the property today in a tinted suv with a child inside and a woman urging him to come back into the car. he was asked if he is still living at the property. >> are you staying here? >> reporter: they say they have three of the squatters in federal custody, one of them who you just saw on camera. they've placed to attain or request on four others who are still in local jurisdiction custody and there is one still on the run tonight. >> trace: it's amazing. they are committing crimes and two states. on it goes. >> reporter: and released at every turn. >> trace: thank you. let's bring in former deputy assistant general and former republican candidate for u.s. senate in arizona. thank you for coming on. i want to put the rap sheets of these two illegal immigrant squatters up on the screen here. the first one as bill was saying , hector. here he is 24 years old, tackled by police while pointing a loaded gun at someone. alleged attempted murder. case dropped when the victim refused to cooperate. moving into a 22-year-old venezuelan migrant. had a pistol under his arm when he was arrested near a squatters home. september 2023 indicted for a loaded firearm possession, cut loose without bail. i mean you cannot get them out of these homes but you also cannot get them in jail, john. >> it's hard to tell who has the worst policy here, washington, dc with the biden a ministration, or new york city. the biden administration is not effectively protecting the border. we see people who have committed violent crimes, kicked out of the country and they come back and are not stopped at the border. but then you have new york city which arrests people who have guns, drugs, committing violent crimes, they are not holding them and the century cities refused to tell the federal government that it's releasing these people back on the streets so they can be deported. it's like they are both racing to the bottom to have the most misguided policies possible that are harming people in places like the bronx. >> trace: it's astonishing, it really is. blake masters, to you, the washington post says despite it's rarity, squatting has emerged as a political cudgel for the right wing. a squatting panic fueled by a flurry of headlines that feed into a larger narrative of crime which is a political issue. i mean you talk about no border crisis, there's no crime crisis, the squatters are being made up by the right wing, but look at this because this is the rental home stats and put these up on the screen. atlanta, georgia, 1200 squatting incidents, dallas, fort worth, 475 in recent months. orange county, florida, 125. a lot of imaginary cases in these cities, blake masters. >> yeah, you know, the buy did a ministration, the democrats, they don't want you to notice. you are not allowed to notice how they are just ruining our country. a political cudgel. i guarantee you if you own a property and you can't evict a bunch of venezuelan gang bangers who are here illegally, it doesn't feel like a cudgel. poor lakin riley's parents, their daughter is deceased, killed by a venezuelan illegal immigrant. that does not feel like a cudgel, this is real life and death. if you live at a border state like here in arizona, this is not a political issue, this is just crazy. biden has a rendered our sovereignty. we are not allowed to talk about it because then you are a racist. they are trying to import a new electorate. has president trump once said, they are not always sending their best. these people are committing crimes. what is the corrective legal amount of immigration? zero. and once we get president trump act in the white house, that's what we will get. >> trace: serial squatter refusing to leave, evades affection after the rent is covered. they are using state funds to pay for people who are in homes illegally. it can't be legal, but is it? >> it's another example of these progressive cities gone wild. look, there's a private right to property. it's in the constitution. the government cannot take our property without just compensation. a lot of these progressive cities, out of sympathy for people who aren't able to pay rent, they have allowed squatting. but if you look at the results, what happens is that people don't invest in housing, they are not? to make improvements, no new housing is built and it actually harms renters in the long run. >> trace: it does. lastly, joe rogan said this about squatting policies, a quick response from you blake. >> in the name of protecting tenants, which is important, you don't want to -- in the name of protecting tenants you are basically allowing people to steal people's houses. >> trace: steal people's houses. final thoughts on this, blake? >> it's not compassionate, it's criminal. i enjoy -- i agree with john yoo. under these -- under biden in the liberal das, we know where this is going. we need republicans back in congress. >> trace: we need some commonsense policing along the border and that's what they are asking for. john yoo, blake masters, great to see you all. now to queens, new york, two allege squatters took the homeowners to court and tried to prove that they are there legally, allowed to stay. the proof? a $25 shake shack receipt no less. we have those details live in new york city. good evening. >> reporter: good evening. you have to love a good shake shack burger. but here's the story. and new yorker invested over $500,000 in a queens property several years ago but this march the properties broker informed her and her husband that two squatters had moved in to her property, change the locks and refused to leave. the two alleged squatters brought mattresses on luxury items into the duplex including a massage table and flatscreen television and quickly claimed the property was illegally there's, suing the properties llc and submitting documentation of ownership, part of that evidence a 25-dollar shake shack receipt delivered to the duplex through uber eats along with several other "clearly photoshopped" documents, they say. the squatters legal filing also claims they had paid $4000 for a security deposit and $2000 for the first month rent. the properties broker told the daily -- to this day the squatters refuse to show id, making it nearly impossible to match a name to the face. the system is what failed us, enough is enough, it's time for homeowners to fight back. the property currently listed for $900,000 is now back in the hands of the owner but the battle is not over. they hope to get a final resolution to this in the next court date, april 5th. >> trace: good luck. great to see you, thank you. let's bring in homeowners from sacramento, also the victims of squatters. karen, to you first, the couple moved into your home in august 2022, you got their credit report, you got a 401 k statement, you played by the rule -- rules and it wasn't long until they were not following the rules. tell us a bit about that. >> well, they moved in in august, gave me first month's rent and a deposit. and then september they were late on their rent but they were going to give me a late fee with the sob story that his grandfather had died. and so i refunded him that money and, you know, said i understood he said and by the way, the garbage disposal is not working properly. and so i went out and bought another garbage disposal but it was under two years old, replaced it. so, you know, everything seemed to be okay. >> trace: and if i can just skip ahead, christmas comes and all of a sudden they stop paying altogether. >> yeah, the grandfather was sick and died and then their mother or father, you know, the same story kept going on. they stopped paying rent and we tried to contact them and, you know. we are nice people, we've had the property for over 30 years and we rented it with no problem we give everybody the benefit of the doubt. we will work with you. these people just came out of the blue and just ruined our lives for a year. >> trace: did you get them out and how much money do they owe you? >> we got a judgement. i think 15,000. but we will never see it. we are in line with like nine other people who we found out later they had done this serially. serious serial squatters. >> for 15 years they've been doing it. and actually in our neighborhood and where our kids went to the same high school, but not the same time. our kids are much older. >> but we finally got them out. we had to go do the court thing, hire a lawyer, go to court. they did not show up for court. out-of-pocket expenses were in norm is for that year. we had to tap into our ira accounts. i don't know what the tax consequences will be but we had to do it because had to fix it up after they left. >> trace: i'm just wondering, did you rent to the home again? did you have the composure to say okay i'm going to rent it to somebody else? >> well, in the meantime when we started having a problem we hired a property manager. they took it over and he got the lawyer and we all went together. now we are in a two year contract with the property manager so they rented it. we thought about selling it, like it's not working. >> trace: it doesn't look like it worked at all for you. we thank you for coming on ensuring your story. best of luck to both of you. we are sorry to here that it was a fiasco renting your house. meantime brand-new pulls tonight show the former president leading the current president in six of the seven most competitive swing states. but a warning tonight, be careful telling that to the first lady. the senior national correspondent kevin corke is live in washington with the new numbers. >> reporter: good evening. either she is doing her best ostrich impression, sticking her head in the sand, or perhaps the first lady knows a lot more than the pollsters and the pundits out there who almost universally believe that joe biden is in danger of getting clobbered in a lot of swing states this fall and is thus in danger of losing the election in november. just how bad are things for mr biden? well right now he's trailing in almost all of the swing states according to numerous bowls including the latest wall street journal survey. but don't tell the first lady. she's not even trying to here all that. >> know, he's not losing in all the battle states, he's coming up and he's even or doing better. so what's people start to focus in and they see their two choices, it's obvious that joe will win this election. >> a long time before november. biden did sweep all of the swing states on his victory four years ago put the polls now mostly have shown former president trump in the lead and as you just saw in most of the states. but then again it's april. party leaders are hesitant frankly to read too much into the numbers now. >> we also understand that april poles do not necessarily mean november votes so between now and november, we are going to raise the money that we need to raise, we are going to invest the money that we need to invest all across the country to get our message out to the american voters. >> reporter: early voting, legal harvesting and get the message out. all this is happening is democrats advantage amongst black and latino and asian voters trace is at it's lowest point since 1960. >> trace: been a while. live in dc, kevin corke thank you. let's bring in former white house deputy strategic communications director along with republican fundraiser. thank you both for coming on. we appreciate it. i want to play one more quick soundbite from the first lady and i will get your thoughts. >> i really feel like, you know, people know the choice this election, they can choose chaos or they can choose, you know, study -- steady wisdom and experience. >> trace: i love that, there's no chaos with joe biden, none at all. forget about inflation, forget about afghanistan, forget about the border, forget about all of that stuff, you want chaos, you don't want our side. >> it's really disappointing to see the first lady blatantly lie to the american people. you know, the numbers don't lie and it's very clear that president trump is leading like kevin just said, in six out of seven swing states. he's up by about seven points in every one of them. that's not within the margin of error and is very clear that joe biden has wasted his time pandering to tiny votes like the transphobe rather than focusing on the american people and the minority groups that are supposed to win him a second term in the white house. it's really not shocking that that is their decision but when the american people take a look at their lives, it's very simple, it is not good right now and it was pretty dang good under president trump. >> trace: just goes back to that whole question, are you better off today than four years ago, and we got the answer from the polls last week. meantime, the wall street journal kind of summed it up here, quoting, the elections mean battleground shows trump holding lanes between two at eight percentage points in six states. pennsylvania, michigan, arizona, georgia, nevada and north carolina. you look at the overall or it, and you know this because you are raising money on this kind of stuff, you look at the overall board and you give trump pennsylvania and georgia? i mean it's all but over. >> yeah and, you know, i do look at this with a fundraising lens and one of the first things, this could not come at a better time, trace, because, you know, with the change in leadership with the rnc, the pressure is on to raise that money. when you've got poles like this coming out and you've got this repeated all through the media, this helps the rnc deliver it's message and raise the funds. if you look at some of these states, pennsylvania, nevada, you've got some big senate races going on there too so this is going to affect fundraising for the rnc and it's also going to help out the senatorial committee. >> trace: it is trickle down. it turns out that swing state voters reading these polls are very interested in the economy. because of that, that's one of the reasons they are so disappointed in joe biden. he just cannot convince these people that the economy is robust. they don't feel it. >> he can't. no amount of free student loans is going to win back there vote. he certainly cannot buy the vote of young americans. and those are really the voters that got him into the white house in the first place. so the fact that that vote right now is falling behind is a really big red flag for the democrat party. they are going to have issues all the way down the ticket just like you said and it's going to show come november, you know, president trump is leading in the polls across swing states, but it's really these minority groups that are going to make a huge difference in november. >> trace: it's interesting to me because you look at the money and it looks like president biden has a lot more money right now than former president trump but you can see former president trump kind of on the uptick. how important is the money balance? >> big time. a lot of it is to do with optics. the more money that you raise, the more you can get your message out. and i will tell you, look for a huge number with an april 6th fundraiser headed up by john paulson and probably 20 other billionaires that are on a host list for a big fundraiser on april 6th and palm beach for president trump. you are going to see a huge bump in those fundraising totals because i saw one invitation where the price was $850,000 a person. so you are going to see some pretty big fundraising numbers and rightfully so. just look at the polls. so i'm really excited to see what the rnc, president trump and the other -- other surrounding trouble look like. look for a huge boost. >> trace: thank you both. coming up, the "fox news @ night" commonsense department is up next to makes a strong case that the people of a palestinian, ohio, are getting screwed over because the biden administration screwed up. and east palestinian resident owings us live next. and later in the nightcap, should you be allowed to ignore your boss if they try to get a hold of you outside of normal work hours? because california could become the first state in the country to punish employers for e-mailing and calling or texting their employees after hours. should employees be allowed to ignore the boss and would you ignore the boss? let us know @tracegallagher. we will be -- read the best responses in the nightcap. 8:20. i live look at sacramento, california, nicknamed the city of trees. next, wavelength, mississippi, the magnolia state. and finally a look, and chester, virginia, home to the world's largest firefighters were red. if you cannot join us live, don't forget to set your dvr and watch us any time. we are coming back with the new downside for the people of east wrpalestine, ohio. ...so he takes zzzquil. the world's #1 sleep aid brand. and wakes up feeling like himself. get the rest to be your best with non-habit forming zzzquil. ♪ ♪ >> trace: as if the people of east palestine, ohio have not endured enough, we are finding out the environmental protection agency never declared a public health emergency in east palestine, and wait until you find out wide. back live to senior national correspondent kevin corke. >> reporter: trace, to say its puzzling would certainly be an understatement. to say it's in period and maybe closer to the mark. the epa, despite having the ability to do so, never approved a public health emergency following that devastating train derailment in east palestine, ohio. even though the disaster forced the evacuation of half the town and generated fears about potential long-term health consequences. wars, an e-mail obtained by news nation allegedly between an epa attorney and the pr armchair seemed to indicate that the two people there discussed the emergency declaration "agree with you, jeff, the issue of declaring a public health emergency is a difficult one. we have the authority but have only used it once in montana. best not to get into this." in case you don't know, that town in montana was believed to have been poisoned by asbestos back in the 1980s even though the major employer there was allegedly aware of the danger. so the argument being made in this e-mail allegedly is we don't want to go there, which is a