going to come back to the aftermath. >> throughout south florida, people are stocking of on water and other supplies. leaving some store shelves bare. in miami beach, where a simple storm in august flooded streets. pumps are in place but not built for a hurricane.

still, with evacuations zones expanding. we found some plan to stay. >> i have family up in boynton. i can go there. i can't, got to stay with the ship, right. >> adding to urgency of eve evacuating the keys is that pway in or out. 1 is lthe only governor scott activated 100 national guard troops to help with hurricane preparations. 7,000 more will report for duty on friday. anthony. >> manuel bojorquez, thank you. manuel. >> in texas the death toll from hurricane harry rose to at least 63 today. more than 88,000 people are living in red cross shelters or hotel rooms provided by fema. mayor of houston lifted a midnight to 5:00 a.m. curfew. the latest sign the city is slowly recovering. >> the toll from harvey includes a 31-year-old undocumented immigrant who could have faced deportation next year. instead, he died a hero.

omar villafranca has the the story. >> translator: my son went to a place where there are no borders. god never places borders. this woman remembered her son alonzo as a caring person with a big heart. and she said, the images of people stranded in houston floodwaters, affected him deeply. that's why last tuesday, he and a friend drove 120 miles from lufkin, texas to houston to rescue people stuck in an apartment. they were in a bet that hit a bridge and capsized. he and his friend went underwater. the next day his father jesus went to look for his son's body. >> translator: he is my son, i made a promise to not come back until i find him. because i could not leave him there. it hurts so much to lose him. four days later, they found

guillen's body downstream. the 31-year-old, a father and dog lover, worked as a d.j. in lufkin. seen here in this video, urging people to vote. even though he couldn't cast a ballot. guillen was an undocumented immigrant. he came to the u.s. from mexico, when he was 15, to live with his dad, a permanent resident. he signed up for daca, as a dreamer was working towards citizenship. guillen any mother supports daca and says there are other young dreamers who share her son's spirit who are making this country great. >> translator: the u.s. should see there is a future for the young people. if they've get the opportunity, they'll do a lot for this a nation. >> residents, in his adoptive home town are raising money for his funeral. a program note.

cbs will join the other major television networks to bring you a one-hour telethon for flood victims. hand in hand, a benefit for hurricane harvey relief, airs next tuesday evening at 8:00, 7:00 central. coming up next, kim jong-un, planning more provocative action.

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a top north korean diplomat described his country's missile and nuclear tests as, gift packages addressed to the u.s. and he warned more are on the way. even in the face of international condemnation. ben tracy reports from south korea's capital. >> only days after a massive underground bomb blast, there are signs north korea may be preparing a new missile launch. south korea has responded with another show of force. this time, it is navy conducting live fire drills, vowing it could bury its northern neighbor at sea. north korea's weapons program continues to accelerate. kim jong-unlaunched 1 missiles

this year. there is this cartoon character sta stereotype of kim jong-un. its he a mad man. >> no. he is not. >> a professor at a university in seoul. he has followed kim jong-un since he took over at age 27 in 2011. he consolidated power by killing his uncle. and reportedly having his elder half brother, assassinated, in a malaysian airport. >> he is exactly because he is ration rational. >> he says kim jong-un wants nuclear weapons so his regime can't be overthrown by the u.s. with help from south korea. north korean weapons program expert, daniel pinkston. very clear what they want to. achieve the final victory which means unifying korea. on their terms. secondly, it means, expelling, the, united states from the region.

and, they continue to develop strategies every day to, to, achieve those goals. >> none of the experts we talked to believe that north korea would actually make a preemptive strike on the united states. or here in south korea. but a big question now is what happens if north korea continues to launch missiles over japan and how does the u.s. respond? anthony. >> big question indeed. ben tracy in seoul. thanks. when we come back, baseball's high-tech cheating scandal. ♪ ♪ five-second rule protection. new lysol kitchen pro eliminates 99.9% of bacteria

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a place like shhh! no. found it! and definitely lipton ice tea. lots of it. a lipton meal is what you bring to it. and the refreshing taste of lipton iced tea. >> french gossip magazine and two paparazzi will have to pay up for publishing topless photos, kate, duchess of cambridge. pictures taken as she and prince william vacationed in the south of france in 2012. today a french court ordered two executives and the photographers to pay fines and damages totaling nearly $170,000. major league baseball is investigating whether the boston red sox used a high-tech device to cheat last month. the new york yankees claim boston's rafael devers hit a home run after being told what pitch to expect.

the signal allegedly relayed by someone in the dugout using an apple watch. "the new york times" reports the red sox admit to the scheme but accuse the yankees of doing something similar. stealing signs, is not against the rules, but using electronic equipment to do it, is. and the public will soon get a chance to shop around at the detroit mansion once owned by motown founder barry gordie jr. the house was recently sold for more than $1.5 million. everything inside is up for auction next month. including original pressings of motown singles. and, gordie's stein way which he often played with some of his labels biggest stars including stevie wonder and the supremes. up next, living stronger, a sailor's ageless love affair with the sea.

we end with our special feature, setting an example for living stronger. here is don dahler. to take to the open sea in a 42-foot sailboat is to risk it all. rod johnstone and nephew clay burkeholder. are not only doing battle with wind, weather, water, they're competing against 34 other boats in the legendary bermuda race. in the 40-year-old event.

boats sail from new port, rhode island to the island nation and. >> the 635 mile journal year is difficult and exhausting. teammates exist on 30 minute cat naps. >> dealing with the forces of nature. and back to your primeval self. >> your hold, 80. >> correct. >> still racing? >> yeah, love it. never stop. >> he's been sailing since 4. as much as he loved his early boats there was always the feeling that he could do better. >> my brain sort of, analyzes what i like about the boat. what i don't lik. >> in 1976 he quit his job to build boats of his own design out of their garage. there are now over 14,000 jay boats on the water. known for speed, stability and safety. they've become one of the most popular sail boats in the world. >> got everything ready to go up there. his key to living stronger. sharing his love of sailing with

others. i am a much better communicator of this passion through the sailboat design. design the boats. people love to sail them. my real sats fact tu satisfacti. maybe the only talent that i have. so i -- >> jay boats is a full time family business. but it is still affords johnstone time to test his mettle man against the sea. >> what is it about it that you like so much. >> will i am good at it. that when you are good at something you like to keep doing it, you know. >> rod johnstone at 80 likes to win. never forgetting with the life and career he chose, he already has. don dahler, cbs news, new port, rhode island.

welcome to the "overnight news." i'm jericka duncan. the dream may soon be gone for some 800,000 young immigrants brought to the country illegally by their parents. president trump has taken the first steps to rescind daca, the program that allows them to live and work in the u.s., without fear of deportation. well the white house calls the program, unconstitutional. and is giving congress six months to write a law to make it legal. major garrett begins our coverage.

>> i have a great heart for the folks we are talking about. >> reporter: president trump said his decision to cancel daca means congress must act. >> i have a love for these people. and hopefully, now congress will be able to help them. >> reporter: earlier jeff sessions called daca unconstitutional. >> the policy was implemented unilaterally, to great controversy and legal concern. after congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens. >> president obama implemented daca in 2012 and two year work permits to applicants who passed a criminal background check and met other qualification. the executive action, it did not provide a path to citizenship. deportations will not begin immediately. existing applications will be processed. but no new applications for work permits will be accepted. those with permits scheduled to expire in the next six months, have until october 5th to apply for an extension. if a permit expires after march 52018. the move sparked protests around the countr supporters of the program note that many of the roughly #00,000 people covered hold full time

jobs, are enrolled in college, or serve in the military. on facebook, former president obama called the decision "self defeating and cruel" writing kicking them out won't lower the unemployment rate or lighten taxes or raise anybody's wages. white house press secretary sarah sanders said president trump wrestled with his decision. >> would he be willing to sign something that simply addresses daca legislatively. >> the president wants to see responsible immigration reform. he wants that to be part of it. again, we can't take just a one piece fix. >> as part of that comprehensive immigration reform, the white house also wants funds for a border wall, merit based rules for legal immigration and visa reforms. these and other immigration issues have tied congress in knots for years. my colleague, nancy cordes has been gauging reaction on capitol hill.

>> nothing forces hands like a deadline when it comes to immigration reform in particular even a deadline may not be enough to break the log jam. >> the congress is going to have to up its game. >> on capitol hill, six month is not a long time. especially when it comes to one of the most contentious issues. these people are doctors, are teachers, are neighbors. >> america must be a nation of laws. >> the republican house speaker, paul ryan expressed hope, not certainty that congress will find consensus, so that those who have done nothing wrong, can still contribute as a valued part of this great country. >> put yourself in their shoes. >> but congressional inaction was what led president obama to resort to daca in the first place. >> we are now in a countdown towards deportation. >> illinois democrat, dick

durbin proposed the dream act 16 years ago. today, he and republican lindsay graham urged colleagues to finally pass the bill. which would allow immigrant students to apply for legal status and potentially to gain citizenship if they go to college, or serve in the u.s. military. >> they have no other country other than america. they're no more connect to their home country than i am to scotland where my grandfather came from. >> the young people affected by daca are known as dreamers. for many of them a dream of a life in the united states may soon be over. john blackstone reports. >> the decision to end daca triggered protests across the country. near the white house, and outside trump tower in new york. high school students staged a walkout in downtown denver. and in los angeles, some of those able to come out of the shadows because of daca told their stories.

>> my heartache tuesday. >> she asked us to use her first name. her family cham here when she was seven to escape violence in guatemala. >> we went through so much things a 7-year-old should never have to go. it was all because we knew that we would have more opportunities. >> and now? >> where do i go from here? >> she now is 26, just 9 months old when his family, crossed the border from mexico. >> i know i am vulnerable. i know i can be deported tomorrow. i am not going to go down and give this, this, trump, or sessions the luxury. >> in phoenix, daca recipients and families listened to attorney sessions announcement and shed tears. >> a daca recipient born in romania watched the attorney general on his laptop in

berkeley where he is a graduate student. >> i am not going to be eligible to work. financially going to cause a huge stress. >> today sunny wore the cap and sash from community college graduation. this fall she starts at the university of california davis. >> but now though dreams don't seem, quite so clear. >> no. but, i have hope other ways. a major storm is taking aim at u.s. irma is a category five hurricane with maximum winds near 180 miles an hour. this morning it is battering the eastern caribbean and looks to be headed to south florida. manuel bojorquez is miami. >> the big thing this is a dangerous storm i don't want to lose one person. >> an urgent warning from governor wreck scott who declared statewide emergency. first area of concern, the florida keys with 80,000 residents and tourists. much of the island chain sits 3 to 5 feet above sea level.

the storm surge could be 10 feet. emergency manager. >> for the florida keys if you are going to create the worst case scenario, that's what we are now looking at. >> traffic out of the island is building. with mandatory evacuations, starting tomorrow. we found residents look susan barney taking no chances. >> it is unnerving. only because of, what are we going to come back to the aftermath. >> throughout south florida, people are stocking of on water and other supplies. leaving some store shelves bare. in miami beach, where a simple storm in august flooded streets. pumps are in place but not built for a hurricane. still, with evacuations zones expanding. we found some plan to stay. >> i have family up in boynton. i can go there. i can't, got to stay with the ship, right. >> adding to urgency of eve evacuating the keys is that bridge, highway 1 is the only way in or out. governor scott activated 100 national guard troops to help with hurricane preparations.

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>> announcer: this is the cbs "overnight news." the trump administration has taken the first step to dismantle the federal program that affects hundreds of thousands of young immigrants who were brought into the country illegally as children. it is called the deferred action for childhood arrivals program, or daca. it is protected about 800,000 young people from deportation, and gave them the ability, to legally work in the united states. well attorney general jeff sessions announced the change. >> i'm here today to announce that the program, known as daca, that was affectuated under obama administration is being rescinded. daca implemented in 2012 and provided a legal status for

recipients for a renewable two year term, worker authorization, and other benefits. including participation in the social security program, to 800,000 mostly adult illegal aliens. the policy was implemented unilaterally. to great controversy. and legal concern. after congress rejected legislative proposals to extend similar benefits to, on numerous occasions, to this same group of illegal aliens. in other words, the executive branch through daca deliberately sought to achieve what the, legislative branch, specifically, refused to authorize on multiple occasions. such an open ended circumvention of immigration laws, was an unconstitutional exercise of authority by the executive branch. the affect of this unilateral executive amnesty, among other things contributed to a surge of

minors at the southern border that yielded terrible humanitarian consequences. it also denied jobs to hundreds of thousand of americans. by allowing those same illegal aliens to take those jobs. we inherited from our founders, and have advanced, an unsurpassed legal heritage. which is the foundation of our freedom, our safety, and our prosperity. as attorney general it is my duty to to ensure the laws of the united states are enforced and that the constitutional order is upheld. no greater good for the overall health and well being of our republic, than preserving and strengthening the impartial rule of law. so, societies where the rule of law is treasured are societies that tend to flourish and succeed. societies where the rule of law is subject to political whims and personal biases, tend to

become societies afflicted by corruption, poverty, and human suffering. to have a lawful system of immigration, that serves the national interest, we cannot have, admit, everyone, who would look to come here. it's just that simple. there is an open, that, would be an open borders policy. and am scan people have rejected that. therefore the nation must set and enforce, a limit on how many immigrants we admit each year. and that means all cannot be accepted. this does not mean they're bad people, or that our nation disrespects or demeans them in any way. it means, we are properly enforcing our laws, as congress has passed them. it is with these principles and duties in mind, and in light of imminent litigation that reviewed the obama administration daca policy. our collective wisdom its that

the policy is vulnerable to the same legal and constitutional challenges that the courts recognized with respect to the dapa program. which was enjoined on a nationwide basis in a decision that was affirmed by the fifth circuit court of appeals. the fifth circuit specifically concluded that daca had not been implemented in a fashion that allowed sufficient discretion and that dapa was foreclosed by congress's careful plan. in other word the immigration law that congress pass foreclosed this possibility of daca. in other word it was inconsistent with the constitution's separation of powers. that decision was affirmed by the supreme court. on an equally, undivided basis. if we were to keep the obama administration's executive amnesty policy, the likeliest

outcome is that it would too, be enjoined just as was dapa. the department of justice has advised the president, and the department of homeland security, that the department of homeland security should begin an orderly, lawful wind down and including the cancellation of the memo that authorized this program. acting secretary has chosen appropriately to initiate a wind down process. this will enable the department of homeland security, to conduct an orderly change, and fulfill the desire of this administration, to create a time period for congress to act. should it so choose. ending the previous administration's disrespect for the legislative process is an important first step. all immigration policies, should serve the interest of the people, of the united states. lawful immigrant, and native born alike. congress should carefully, and

thoughtfully pursue the types of reforms that are right, for the american people. our nation is comprised of good and decent people. who want their government's leaders to fulfill their promises, and advance and immigration policy, that serves the national interests. we are people of compassion and we are people of law. but there is nothing compassionate about the failure to enforce immigration laws. enforcing the law saves lives. protects communities and taxpayers. and prevents human suffering. failure to enforce the laws in the past, has put our nation at risk of crime, violence, and terrorism. the compassionate thing to do is end the lawlessness enforce our laws. and if congress uses to make changes to the laws to do so through the process set forth by our founders. in a way that advances the

interest of the american people. that is what the president promised to do. and has delivered to the american people. under president trump's leadership, this administration, made great progress in the last few months to establishing a lawful and constitutional immigration system. this makes us safer. and more secure. it will further economically the lives of millions struggling. it will enable our country to effectively teach new immigrants about our system, of government, and, and, to assimilate them, to the cultural understandings that the support it. the substantial progress in reducing illegal immigration at our border seen in recent month is almost entirely due to the leadership of president trump,

and his inspired immigration officers. but the problem its not yet solved. and without more action, we could see illegal rise again rather than the, eliminated. there are many powerful interest groups in the country. and every one of them has a constitutional right to advocate their views and, and, represent whomever they choose. but the department of justice does not represent any narrow interest or any subset of the american people. we represent all the american people. and protect the integrity of our constitution. that is our charge. we at the department of justice are proud and honored to work to advance this vision for america. and to do our best, each day to ensure the safety and security of the american people. thank you very much. >> again, attorney general jeff sessions announcing the end of the daca program.

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two sensations that work together, so you can play together. gained fame and fortune as part of the lovable stoner duo, cheech and chong. a collector of chicano art,

bound for a museum. anthony mason has the story. >> when did you first start collecting? >> around 1985. >> cheech's collection kidded the finest in private hand in the country will soon have a permanent home in riverside california. the l.a. suburb with a population that's more than 50% latino, offered to convert this building into the chech marin museum of art, culture and industry. >> soon as i realized what they're talking about. i was like, wow, wow. really? >> his collection, some 700 pieces is constantly expanding. >> chicano art is not a way of painting like, say impressionists. it's more of a flavor. you get the community how it smells, how it taistes how you feel when you touch it. >> this is the de la torre. >> glass?

>> resin. >> everywhere you look in his pacific palisades home. there is another expression of the chicano art movement. >> tweet, tweet, tweet. >> by mexican-american artists like carlos almoraz, the john coltrain of american contemporary painters. >> paintings are alive. it affects you fizz like. you are changed by it. >> hey, man. am i driving okay? >> i think we are parked, man. >> most people know richard cheech marin from the comedy team cheech and chong. >> what's your name? >> on the license plate. that's my name. >> we were extremely sophisticated under the guys of being these dummies. ha-ha-ha. ⌞> their success brought cheech

tie noon sth financial reward. he invested in his passion, art. >> this is a bad ass painting? >> this is by a painter and print maker who goes by the name gronk. cheech has more than 50 works by gronk. >> first chicano abstract. you can't love or hate chicano art unless you see it. cheech will make active role in the management of the museum. the city of river side need to raise $3 million to convert the building. >> we can accomplish this. everybody wants to be a part of it. cool. >> alongside, his vast art collection the new museum plans a permanent exhibit. celebrating his career, and legacy. mexican-americans don't look to get up early in the morning ♪ >> the actor/comedian continues to tour with tommy chong. now he is looking forward to

sharing his artistic spirit. >> the museum

>> most neighborhood in and around hus tob are drying out and nearly empty in the whack of hurricane harvey. throughout the region a lot of people are still hurting. there is no shortage of volunteers willing to lend a helping hand. demarco morgan reports. >> yeah! >> spiderman! >> hey, what's up? >> a week of ordinary people stepping up as heroes, a super hero spends some every day cheer. >> i came down here because i saw there was a need for, for, people to just volunteer and dupe whdo what they can to improve morale. one of the most important things we need to work on. is trying to help build morale while we are here. this is definitely the most important thing i have done as spiderman. is to get out here with the

people. out here where hundreds line up not seeking help, but hoping to lend a hand. a trim, a shave, and a moment of normalcy for the flooded and first responders. >> i wasn't hit this bad it would kind of me to go it out and help others. >> feel better about yourself, way you look, appearance. although we are going through some bad times, hard times right now. trapped by high water for two days, bakers turned flour into free food for the soul. at a shelter impromptu birthday party for a girl born 12 years ago during katrina. pizza delivered by kayak. and gospel singers spreading love and hope.

raising spirits in shelters across the city with a long road to recovery. >> i was raised to be a good person. you help your neighbors. you help the stranger who needs help. one day you will be at the other end of the stick you will need help. you put it out there. goodness comes back to you. ♪ and let it be your sweet, sweet sound ♪ in your ears ♪ >> my mother always says you have to watch how you put your shoes on in t morning. you never know who is going to have to help you take them off. in other word be kind to everyone. and that's exactly what we saw, right here in texas. well that is the "overnight news" for this wednesday. for some of you, the news continues. for others, check back with us later for the morning news, cbs this morning. from the broadcast center in new york city. i'm jericka duncan. ♪ ♪

captioning funded by cbs it's wednesday, september 6th, 2017. this is the "cbs morning news." tracking irma. the most powerful atlantic hurricane on record makes landfall slamming the caribbean. president trump scraps the d.r.e.a.m.er program, now putting the pressure on congre >> hopefully congress will be able to help them and do it properly. and stealing signals. the red sox get caught in a high-tech cheating scandal. good morning from the studio 57oo