nice suits, you guys blend right in. the world needs you back. i'm retired greg, you know this. people are taking financial advice from memes. [baby spits out milk] i'll get my onesies®. ♪ “baby one more time” by britney spears ♪ e*trade now from morgan stanley. good morning. is 11 a.m. eastern. i'm jose diaz-balart. russia demanding ukrainian forces hold up in a steel business there surrender. the deadline has passed.

the commander saying that they may have hours or days left to live. he adds there are about 500 wounded troops and hundreds of civilians there. nbc news cannot verify those numbers. ukraine's president zelenskyy calls the situation in the city, quote, extremely severe and is calling on allies to send more weapons now. what could the u.s. send? a new aid package the administration is apparently getting ready to announce. i'll be acting the current acting u.s. ambassador to ukraine about that and more in just moments. plus, maybe don't put away those masks just yet. the biden administration is leaving the door open on bringing them back on planes, trains and more. what they're waiting for as a new version of omicron gains a foothold in the united states. and a redistricting legal fight in new york that could have

major implications for voters just 69 days from primary day. raf sanchez is in lviv. kelly o'donnell is at her post. and we're joined by admiral james stavridis. president zelenskyy says the situation in mariupol is, quote, extremely severe. what's the latest on the ground there? >> reporter: the situation almost unimaginable. as you said, the marine commander holding out in that steel plant releasing a video overnight saying his forces are outnumbered 10-1, saying there are hundreds of civilians who are inside the remains of those plant with him but saying they

will not surrender. he's trying to broker a deal that would allow civilians to leaf the country. the russians have the plant surrounded with concentric, allegedly using bunker buster bombs to flush out the remaining fighters. they gave them a deadline of four hours ago but it's not clear that they will surrender at all. it's not clear how long they can keep going. we have spoken how the trains have been an absolute lifeline for ukraine for people fleeing cities in the east and trying to

get to the relative safety of lviv, trying to get further into europe. we had an opportunity to speak to the ceo of ukraine's national railway. he told us 95 of his staff have been killed, a quarter of his entire railway lines have damaged but he's absolutely determined to keep those trains running and he and his staff are considered heroes in this country, just like the soldiers are. i want you to listen to some of the conversations we've been having both with the ceo and with passengers on the train line he runs. take a listen. >> they are heros just to take care of all these passengers, take care of all ukrainians. >> what have president zelenskyy's instructions been to you about the railway during the war? >> he said keep running the company, keep doing their job. >> now, jose, the rail lines are

incredibly important in terms of getting refugees from east to west and humanitarian aid from west to east. but they are -- we have been seeing almost on a daily basis now europe leaders coming by train into kyiv to meet president zelenskyy. a very senior eu official is there today. one of the things that the ceo of the ukrainian national railway told me is he would like one day to escort president biden, secretary blinken or some other senior official to kyiv. jose? >> that would be such a sight to see. and raf, i know you have ridden those trains. you went from kyiv to lviv and throughout much. west of the country. in lviv, is it still receiving large amounts of people coming from the east heading towards

possibly poland? >> reporter: people are still coming every day and people here are expecting fresh influxes as this fighting continues in the donbas. as we've talked about, jose, it's an absolutely enormous front in the east that the russians are pushing along. it goes from kharkiv in the north to a huge number of towns and cities in the donbas and ends in mariupol itself. so there are a lot of people who up until this point have been dealing with incoming rockets, incoming artillery fire but the russian ground forces have not yet made it to their door steps. that may change in the coming weeks depending how that fighting goes in the east. so it is very possible that we will be seeing thousands and thousands more people fleeing the east, crossing this vast country by train and seeking refuge here in lviv. jose? >> raf sanchez in lviv, thank you so much. kelly, the president is set to

meet with the joint chiefs, as the president is getting ready to announce another aid pacage for ukraine. what else can you tell us? >> reporter: this is an annual event. they'll have a meeting in the cabinet room and then the president and first lady will host a dinner. so this is an opportunity to acknowledge their service, but of course it comes at a time when there is so much focus on what the u.s. can do to partner militarily with ukraine. and so it takes on a lot more significance, especially because of the weapons and the technical tools that the u.s. is providing to ukraine, along with other countries and western partners. so we don't know specifically if the president will talk about this next package. we do know from our team's reporting on this that a number of officials say that work on

another significant package of military equipment is activity going on, somewhere in the same size and scope of dollar amount, roughly $800 million was the latest package the president has approved. we don't know if he's personally signed off on this next package, which would include a lot of artillery and rounds, a lot of things needed for the fight beginning in the donbas region and the next major conflict in this war of ukraine. today will be a chance for the president to be face to face with his top military advisers, a chance for their counsel, their advice and then a piece of kind of a social evening as well. but you can imagine that there will be a lot of discussion about strategy related to ukraine, about the latest guidance and insights they're getting and that will happen this afternoon. first in the cabinet room and then we'll hear from the

president at that point. jose? >> how critical is this aid? we're in a very hot part of a war in eastern ukraine and mariupol. >> it's crucial and you saw it in the face of that marine officer who has dug i. you know, a couple of days ago, mariupol is starting to resemble the alamo, the great stand of texans against the mexican army. maybe because i'm greek, it's more like the spartans. they are holding down a great number of russian forces. when that town fall, those forces will be released to join the battle that's building in southeast ukraine. so it is a valuable, important mission. we need to push every ounce of combat power forward as rapidly as we can. we're kind of in a foot race

here, jose. on the one side is the west sprinting to get these heavier weapons in the hands of the ukrainians. you heard kelly talk a moment ago about this new aid package. the other foot race is by vladimir putin trying to get the logistics forward to get that sweeping battle plan under way. who's going to win that putt race? i'm going to bet on western logistics will prevail and the ukrainian will be able to hold the russians back but we'll know more in a week or so. >> i've been rereading the 1565 great siege of malta and how a handful of people were able to hold back 60,000 troops for four months. the key is if people are willing to die to defend their homeland

have the wherewithal to defend their homeland, how is the military aid getting to the places that it's so desperately needed? >> our logistics are the best. they are getting it to the edge, to the border and advising ukrainians about the trains, that's part of it. it's also being trucked. it's being moved in every conceivable way. by the way, the ukrainians are still flying some of those weapons forward. the russians do not demand complete control of the skies, again. see paragraph one about why it's so important we put additional combat power so the ukrainians can put up a ukrainian combat zone. if we do all of that, we will win this logistic foot race. >> but as you say, this foot

race is a situation of hours, maybe days before things can change because simply they just can't hold out without the assistance they need. admiral, it's always a pleasure. kelly o'donnell, thank you for being with us this morning. i so appreciate your time. we'll have much more on ukraine this hour, including my conversation with a top u.s. diplomat assigned to ukraine. what she says about getting the ukrainians more aid and what it's like inside that country right now. first, people across the country have been flying, riding trains maskless, many of them. but could that mask mandate come back? we'll talk about that next. what goes on it... usually. ♪♪ in it... mostly. even what gets near your body. please please please take that outside. here to meet those high standards is the walgreens health and wellness brand.

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this morning the biden administration is leaving the door open to a legal fight over the mask mandate. the justice department is waiting for the cdc to decide in the order still necessary for public health. if so the d.o.j. will appeal the federal ruling striking it down. that comes as we're learning as another new omicron subvariant. the cdc says it's now accounting for about one in five new cases i want to bring in justice correspondent pete williams and dr. royal, an internal medical physician for housing works in "new york times." if the d.o.j. decides to appeal, what would it that process look

like? >> it would look like something that's invisible to most people because nothing is going to change here. even if the government chooses to appeal, it would take months for a federal appeals court to decide whether the judge in tampa got it right when she said the cdc didn't have authority to do this. yes, it would be an important ruling for the cdc's future authority but it's not going to change anything in the short term. we're not going to see masks come back right now because the government is not seeking a stay of the judge's order. even if it did seek a state now, jose, can you imagine the chaos if the government says, okay, everybody, mask up again. that's just not going to happen. even if the government does appeal, whatever happens would happen months and months from now, it's not going to change anything in the short term. >> so if they did ask for a stay of that judge's order, that would put a process in place that is not currently in place

by the d.o.j., right? trying to figure this one out. >> not going to happen. they're not going to seek a stay. this judge's order stands and it's going to stand unless and until the government decides to appeal it and the court of appeals overturns it and all those ifs are if everything lined up the government's way, probably at least a year away, several months certainly. >> pete williams, thank you for clearing things up for us the way only you can. i appreciate it. >> you're welcome. >> doctor, there's a lot of confusion on where you can and cannot wear a mask. it's required on all new york city public transportation, including major airports, also required in chicago and option for uber and lyft riders the ten major airlines have made it optional including dealtia

united and american. people in atlanta, boston and seattle can decide if they want to put their masks on or not. and i think that's somewhat nonconfusing. but what concerns do you have, doctor, about people continuing to take public transportation without masks, with masks? it very -- it's very confusing. >> good morning, it's always good to see you. it's confusing for me and my fellow colleagues. of course this is going to be confusing for the public. the variation in masking requirements and even within a certain state. look, i was watching an nbc clip where i think i heard a delta pilot say you don't need to wear a mask anymore, feel free to exercise your freedom. i got to tell you, jose, as a doctor and i think i speak on

behalf of a lot of fellow front line health care professionals, the fact that we're using that narrative of exercising your freedom is disturbing to me. we are three years into this pandemic. i'll emphasize what i've said many, many times that this virus simply does not care about a person's religious, cultural beliefs, it just wants to be able to infect you, if you allow it. and wearing a mask in certain private spaces is enough to protect you from getting infected. what concerns me is the adverse and potentially fatal impact on society's most vulnerable. we know that this virus should it infect people like you and me, jose, it's not going to get us seriously sick or hospitalized or kill us, but i'm worried about long covid.

right now, jose, i couldn't tell you should you and i get long covid what those symptoms would look like and, b, i'm concerned about protecting society's most vulnerable and young children who can't get vaccinated. what the cdc is asking for is such a small, small sacrifice to assess how we do clinically and if health care systems have the capacity to respond. that's what's most concerning. >> thank you for bringing this up. this whole long covid reality that is affecting so many, what are some of the things that you're seeing in your practice on long covid? and how long does long covid last? >> these are great questions. we know some of the answers, jose, but there's still so many questions we don't have answers to. i know many colleagues who got infected, this is well before vaccines as well as non-health

care professionals who have been infected and they have a wide constellation of symptoms, like neurologic, like brain fog, gi system, fatigue. we cannot predict who is going to get long covid symptoms. we know three, four months out people are having symptoms. we don't know exactly how to treat it. this is an area of active research. but better news, we know how to prevent getting covid-19. it masking, distancing and getting the vaccine, the booster. prevention really does work, jose. >> dr. roy, what about this subvariant? what do we know about it? one in five cases in the united states is now this new subvariant. what do we know about it in. >> so glad you're asking. the way i simplify it there's sars covid 2, variants like

omicron and then a subvariant like ba.2. i'm calling this a subvariant, ba.2 sub 1. the dominant ba.2 accounts for about 75% of the case. we don't have any evidence yet of severe disease, like any clinical manifestations that are concerning for more severe illness or hospitalization or death. time will tell. but again, i prefer to err on the side of prevention. just don't get the disease, don't get the virus. >> dr. lipi roy, it's always a pleasure. thank you for being with us this morning. >> any time. >> coming up, a judge has called it unconstitutional and others call it a land grab. how this legal fight could shape

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right now as russian forces appear to edge closer to full control of mariupol, we're hearing from commanders strapped in a steel plant with civilians. 500 of the troops are wounded. commander says they may only have hours left to live. he shared this urgent plea. he is asking for extraction to a third-party state. joining me now is the acting u.s. ambassador to ukraine. she is in poland right now. ambassador, it's great to see you. i thank you for your time. i want to start with what's happening in mariupol. that major is pleading for

extraction for him and his team and civilians. what are you hearing inside ukraine about mariupol? >> well, the situation in mariupol is heartbreaking. the russians have completely encircled it for weeks now. they are pounding it with artillery day and night. there's over 100,000 civilians who are trapped in the city without water in many cases, without heat in many cases, without electricity in many cases. some of them don't have enough food. and the russians have not allowed humanitarian corridors out of the city to let the civilians, innocent women and children out. so it's a humanitarian disaster right now and it's all in the lap of russia. >> the united states is once again planning to send more military aid as the war intensifies, especially in the

eastern part. what are your contacts asking for in terms of what do they need? what do the people of ukraine need right now? >> well, we're in a constant dialogue with ukraine about what it needs both on the humanitarian side and what it needs on the military side. our military commanders talked to ukraine's military commanders constantly. our secretaries of defense talk, our national security advisers talk practically daily and our presidents talk frequently. and it's a discussion about what ukraine needs. we try our very best to provide it ourselves. if we can't provide it, we ask our allies and partners to help provide it. we facilitate our allies and partner to provide it, if necessary. then we get it to ukraine as quickly as possible. unfortunately logistics are not always easy. it has to come a long way. some of these things are very heavy and complex but we're

getting them to them as quickly as we can and doing our best to help them in their fight. >> how does that process work, ambassador, the war material but also just the humanitarian aid that the united states has been sending ukraine now for 50-plus days. how is that channelled in so that the people who need the humanitarian aid get it and then the folks that need the war material get that as well? how does that process work from the united states' perspective? >> what our aim to do is to get all of these things to ukraine. once we get them to ukraine, the ukrainians are very skilled at logistics. if they aren't bombed by russia, they have good roads, they have drivers, they have trains, they have ways of getting things around. this is a developed country. and so the ukrainians know how to use logistics and they often times are the ones that once we

get the material to them, they're the ones that get it around the country. and they're good at that. they've been quite effective. >> the president of the union council is in kyiv today. do you think we'll be seeing a high-ranking u.s. official visiting ukraine any time soon? >> well, i don't have anything to announce right now. obviously we do think it's good to have in-person contact. we've had quite a bit of high-level in-person contact outside ukraine and one assumes we'll be able to do it inside ukraine. >> you're in poland right now. are there plans for the u.s. embassy staff to return to ukraine in. >> i can tell you that my group in poland here is eager and very much wants to return to ukraine, but obviously the safety and security of my staff has to be

paramount and i rely on my security professionals to assess and determine when we can go back in. but i tell you as soon as we get the green light to go, we'll be going. >> ambassador, you mentioned recently that putin is now a pariah. china says it's going to continue to increase strategic ties with russia. much of the world is not on board on sanctions to russia. how concerning is this? >> well, china has two choices. it can join the league of responsible countries that are condemning what russia is doing and what putin is doing and which uphold the sanctions that the responsible world has put on putin for his war of choice. or they can tie themselves to president putin, which frankly i would not say would be a very wise thing to do and, you know,

if they tie themselves to president putin, they'll be tying themselves to a ship that's going down quickly. >> russia's potential use of chemical weapons and they've been even throwing out the word nuclear weapons, which is obviously a major concern, but with apparent war crimes committed in places like bucha, has a red line already been crossed? >> i'm not going to set any red lines myself, that's not really for me to do here. but what i can say is that what president putin is doing is criminal. we have said and assessed it as a war crime. we are now working with allies and partners to collect all of the information that will hold him and the people that committed these crimes accountable and in the meantime we're going do everything we can to support ukraine to fight president putin, to push him out of ukraine, to win the war and

to leave russia alone to its own devices because unfortunately they no longer hold a place in the global community. >> thank you so much for being with us. i very much appreciate your time. >> thank you. >> right now two members of president biden's cabinet are in panama meeting with officials about migration to the u.s. up next, year going to talk about the confusion over the covid era rule that blocked migrants from entering the united states to even ask for asylum and what could happen when it's repealed? you're watching "jose diaz-balart reports."

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any minute secretary of state tony blinken and secretary of homeland security are scheduled to hold a joint press conference in panama with their counterparts in that country. it comes as the biden

administration aims to address what it calls irregular migration from central america. it also comes as nbc news reports exclusively the biden administration faces a budget shortfall when that border covid ban lifts next month. title 42 is a trump era rule that has blocked more than 1.7 million border crossings since march 2020 in the name of preventing the spread of covid. joining me is the director of the commission of humane immigration rights. thank you for being with me. about 170,000 people have been waiting in camps, makeshift camps on the mexican side of the border. just the worst living condition. the mayor of mccowen warned ending title 42 will be a logistical nightmare. what kind of groundwork does the

u.s. to be doing to prepare for the end of title 42? >> first i just want to remind everybody that the united states has been receiving asylum seekers throughout its history and prior to title 42 a lot of these individuals would have been able to present themselves at the border. they would have been interviewed for credible fear and then they would be allowed to come in. this whole crisis that they're discussing is something of their own making from the administration, from the prior administration, the trump administration. and now the biden administration. we have the capacity to manage the flow of human beings who are vulnerable, who are being persecuted and who need refuge in this country. at this moment in this time what we should be talking about is how do we support the ngos at the border regions in order for there to be a flow of individuals, families, children, who need to be inside the united states in order to protect their

lives. this is what we should be doing and what we should have been doing for a very long time. title 42 actually sealed off the border in order, from our perspective, just to seal it off. what has happened is we put vulnerable human beings in more vulnerable and dangerous conditions in the mexican region. we need to lift title 42, allow for individuals to come into the united states and then have the community support, as we have done in the past, support asylum seekers who just need a chance at live. >> and we were seeing there secretary blinken and along with secretary mayorkas in panama. are you asking for the border to just be completely open and let everyone in? however, there is history to look at and there is precedent and there is also humanitarian

considerations. >> first and foremost, we have been doing this for decades upon decades in this country, which is that there is a managed border, individuals who seek asylum have the legal right to present themselves at the border, make their case and then there is a decision as to whether or not they're going to be able to come in. this is what we have been doing. now to have a pretense that we can't open up the ability for individuals who are seeking refuge in our country to come in because we're afraid of what is going to happen makes absolutely no moral sense. it has no common sense in it. and so i think what we're just asking is return the united states' ability to seek -- allow asylum seekers to seek refuge in this country. that is what is being asked and to try to exaggerate the demand to anything else is, in my

opinion, is just about politics and it's not about humanity. >> i want to extraordinary the extraordinary work that you have been doing for our community and continues to do so. alan, tweeted this week title 42 is not border control. can you explain that? >> title 42 is a health care issue. it is not part of the border control platform, nor is it part of the immigration enforcement act in themselves. that's why title 42 and border control don't belong in the same conversation. >> let's talk a little bit about the people that are being allowed in, the people that are not being allowed in. you know, there are people that are fleeing the most difficult situations you can imagine. i'm thinking of the people in haiti. i'm thinking of the people in cuba, nicaragua, venezuela, so many countries going through such horrendous things and they're leaving it all and

they're taking that extraordinarily dangerous and difficult journey through mexico to ask for asylum and yet, allen, those petitions aren't even considered. >> so -- sorry. it speaks to the -- title 42 was about the border of entry. the southern ports weren't closed. the trucks were allowed in. title 42 is a racist policy from 1944 used by steven miller and put forward by this congress. so rather congress saying you need to fix this problem, it's a problem with congress's wheelhouse and what happened to

the almost 20,000 haitians that have been returned to an uncertain country and concerns about democracy in the east and concerns we have in the west for these countries which are pushing individuals to the southern border. >> alan, are there differences in how you are treated, received or accepted in the u.s. border, are there differences based on what? >> there are various differences. one of the other things is that 250 other ports of entry in the united states and we haven't seen title 42 used at any of them, only the southern border. if you're able to fly in and you overstay your visa, no issue. now people coming from europe arriving at the southern border, are processed where people who have been waiting for years are not brought in. those a preference that are arbitrary and many of the things

the united states stands against we are implementing at the southern borders. >> thank you. i very much appreciate your voices. just a fun months away and the congressional maps may still be in flux next. still be in flux next. for all-day, all-night protection. can you imagine 24 hours without heartburn?

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it's election in the new york state. and not clear what it's going to look like. an appellate judge is hearing about new maps drawn up by democrats. there have been a lot of legal twists and turns in this case. >> so, the big question is whether or not the maps are going to get used this year. we're coming up against the june 29th primary and the question is can they use these maps? a lower court said to be used before this year's elections. but with the delayed census and redistricting process, they set a high bar as they try to prove

they need to change the maps and delay the primary to do so this year, verses continuing the case and fighting about the maps later while using them in this election. there are candidates campaigning. these are elections going on and officials need to start printing ballots to get out to absentee voters. i think we're looking at a swift ruling but definitely more appeals because this is not the highest court in new york and they're probably going to get roped into this before too long. >> thank you very much for clearing up that process which is convuluted, to say the least. coming up. we've talked about how difficult it is to keep up with the rising costs of groceries, gas, everything. but what about buying the home? , gas, everything. but what about buying the home oral treatments can be taken at home and must be taken within 5 days

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month. march bringing more record-high prices and that coupled with the rising mortgage rates is beginning to thin out competition. traditionally spring means sales. marking real estate agent's busiest time of the year. but with mortgage rates at their highest in more than a decade, economists say the hot housing market could be starting to cool. >> now we're seeing more like three or four solid offers, but not 10, 20 or more. >> reporter: homes are are more expensive than even a few months ago, with borrowing rates climbing above 5%. up two points from january. on a 400,000 loan, that's a difference of $370 a month. they're on top of record-high home prices, increasing by 20% in the past year. the costly combo has prompted families like these to press pause on their search. after struggling to land a home,

despite making ten offers and going 10 above asking prices. >> sometimes we lost on the terms. >> reporter: the housing inventory is the lowest since 1999. as builders continue to be bogged down by lack of labor, lagging delivery time and the soaring cost of material. >> everything is going up unbelievably due the supply chain problems we have. >> reporter: experts say consider expanding your search. both location and type of home. improve your credit score and if you can tolerate mortgage rate hikes, hang tight. competition should thin out in the months ahead but only by so much. buyers navigating a spring selling season unlike any before. something else worth noting. the number of renters hoping to eventually buy a home, the

lowest level in the survey's history. a sign that this tumultuous housing market is starting to shake people's confidence. >> it is indeed. thank you very much. that wraps up this hour for me. you can always reach me on twitter and instagram. be sure to follow the show on jdp@nbc. on jdp@nbc. "andrea mitchell reports" starts rights now. good day and this is "apdria mitchell reports" in washington. president biden will meet with top military advisors ahead of an announcement of another aid package for ukrainian forces trying to prevent a massacre like in besieged towns like mariupol. they're saying there are 1,000 civilians barricaded inside a mariupol steel factory where the situation is dire.

the commander of those forces released this video overnight. released this video overnight. the mayor of mariupol is trying to send 90 buses into the sit issy and pull up to 6,000 out. but frustrations with russian forces have stalled in recent days. the ukrainian refugee crisis has hit a grim new milestone with the human rights counsel saying more than 5 million citizens have fled to eastern european countries to escape the conflict. and at home, justice department officials are waiting for the cdc to decide whether to again extend its mask