we need leaders in congress who will stand up to extremist politicians, and protect our right to choose everywhere. and i will fight for pay equity, too. i'm emily beach, and i approve this message because nothing is more important than standing up for- - [all] our rights. right now. good morning, 10:00 a.m. eastern. 9:00 a.m. here in texas, i'm jose diaz-balart with a special report. we're an hour away from the start of a court hearing that could have a huge impact on eagle bass and so many other border communities. a federal judge will hear arguments on a number of

republican lead states. known as title 42 on the 23rd of may, that is ten days from now. republicans and testimonies have criticized plans to lift title 42. they worry border communities could be overwhelmed by tens of thousands of migrants waiting in camps like this one you see here in mexico for the opportunity to cross into the u.s. and seek asylum. all of this as it plays out here, the coast guard is looking for migrants after a boat capsized yesterday. at least 11 people are dead. and, we just can't forget this is a story about people.

people who risked their lives willing to risk everything to make the long and often dangerous trek to the u.s. the video we're about to show you is disturbing. the moment we saw officials recover the body of a man who died trying to get to the united states. he died crossing the river. we have seen two bodies recovered from the river just in the time that we have been here. it is always dangerous and many times a deadly reality. last night at a migrant shelter, i met a family, father, mother, they just arrived after a 32 day journey that took them through the jungle and into mexico. mexio

with us out here, gabe gutierrez, great to see you. how concerns are people here about the lives of title 42. this happens at a time when there is a constant flow of people trying to get to the united states. >> that's right we have been

speaking with people here, democrats here in this community and others don't want to see title 42 lifted because of their constant concerns. and as you see, republicans are trying to make this a major issue going into this election. it is coming to a head later today, a forecast judge is going to listen to arguments on whether or not the biden administration can lift title 42. >> with border crossings at their highest level in decades, this morning the biden administration is facing growing concerns that the surge could grow even larger. >> cubans and haitians are still coming through the area. >> customs and border protection reported more than 221,000 crossings.

texas launched a controversial multiple effort to crack down. prosecuting some for trespassing. >> this is just nonstop, yeah. >> we ride along with troopers from the texas department of public safety. some are holding children. one group includes more than 100 people, many from cuba. >> the influx is constant, but the local authorities we spoke with say that if title 42 is lifted this surge will be even worse. >> the trump administration used it to expel migrants. now biden wants to end it. but 21 attorney generals say lifting it would attract more migrants. >> title 42 needs to remain as

is. we don't have the infrastructure or the facilities. >> but joanna says she could not wait. >> why did you come here to the united states? >> i want to work, she says, describing how a gang back home threatened her. she and so many others risking their lives to come to the u.s. in a legal battle that could determine their fate playing out in court. >> the department of homeland security expects 18,000 migrants per day to cross the border if title 42 is lifted this month. just a short time ago, you were here and you saw it. this group of cubans, a family, 64-year-old woman wading across the rio grande right behind us if was dramatic as they came into this brush right over there beyond this razor wire. and we talked to them and walked

with them. . a text national guardman lead them to be processed. it took two months to come from cuba. >> and how they came here was through nicaragua? >> yeah, they lifted their visa requirements last year and now there was a huge group of cubans coming up through mexico. it is taking two months. and for so long, so many migrants here are growing. >> and hatitians, nicaraguans,

they are doing anything it takes. morgan, what are the plans for today's hearing? >> it will be very interesting. it will be in this district court. we're going to hear arguments made on behalf of both sides of this lawsuit including louisiana, arizona, and they're trying to keep title 42 from being repealed. we heard from representative the earlier today saying they anticipate the arguments being about 45 minutes per side. they said the plaintiffs are challenging an imminent man made self inflicted calamity. the only relief valve keeping it

from devolving into chaos. we kpaept hearing from them before they go into the courthouse later this morning and we anticipate they will bring up the fact that dha has said that should a title 42 be repealed, they're anticipating up to have a million border crossings each and every month. we already heard them say should they be repealed or not, they're prepared to hold up to 18,000 people in custody should they have to. these are the numbers they're having to prepare for because of the recent surge in the border crossings that we have seen. also we anticipate hearing from the other side which says this is no now longer necessary. this was put in place because of the pandemic and it is no longer fair to those trying to reach the united states and seek

asylum. >> thank you so much, to talk about the situation here, it is yolanda malone, the city's mayor protem. eagle pass is such a lovely community. >> yes, it is. >> and how do you see what is going on in that louisiana courtroom? how do you see it from here? >> i think, i don't know how long you have been set up here, what it can become. what a issue it will be. whatever it is taking place right now. whoever is making decisions right now i wish they were here to see what we're having to face. it is easy to make decisions far away but i twhash they keep that in mind.

we need title 42 to remain. >> cities like eagle pass, we're not prepared for that. i know they have been setting up giant tents, the camp that will be set up, with the influx of immigration the way we're having it right now. i think we're doing 6,000 per day. that is not, you know, the conditions that set up conditions, that are being, that are getting ready to be used right now, that is not -- >> and the movement of the river is very intense here and people are losing their lives and i'm wondering what is it that needs to be done. it seems like there is no man in place for anything. >> you know we can see there is no secret. i think this is something that needed to be taken care of years

ago. asking residents to place and the briblgs you have seen, billions of inported and exported into the state and federal economy. please, we need four title 42 to remain. >> but title 42 is not an immigration policy, it's a health policy. >> it's a health concern, yes. >> so they're really not related. let me ask you, what would you tell president biden if you got a chance to talk to him and here is the camera, what would you ask him and tell him. president biden, we ask you to visit our community. we ask you to, you, congress, anyone that is in charge of them. i'm asking, please, as a loyal

citizen, you are invited, you know, i understand vice president harris said they will be coming to eagle pass. those decisions are being made and we need you to be here for now. >> eagle pass is a beautiful city. >> yes, it is. >> yes. the razor wire does -- >> it is scary. we're still on the air. >> oh my god, you're kidding. >> thank you, and coming up we're going to have more from eagle pass. we're going to talk to the democratic state lawmaker representing the largest border district in texas that just sent his plan to secure the border to it text. first we go to kyiv where the first trial of a russian soldier

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to take away women's rights here at home. abortion is effectively banned in texas, and at least seven other states only have a single abortion provider. we need leaders in congress who will stand up to extremist politicians, and protect our right to choose everywhere. and i will fight for pay equity, too. i'm emily beach, and i approve this message because nothing is more important than standing up for- - [all] our rights. right now. 17 patz the hour, turning to the latest on the war in ukraine. the first war crimes of a russian soldier accused of shooting a civilian started in kyiv. he asked for a trial by a judge and did not enter a plea. however turkey's president is joining finland's plan to join

the nato alliance. the vice president for russia and europe. what is the latest in kyiv today? >> it's the first time we have seen a russian soldier facing allegations of war crime anear a ukrainian courtroom potentially facing justice. according to the prosecutor general the 21-year-old was part of a column of tanks when forces took out the tank at the front of the column. from there then they stole a car, once they approached the

village they saw a civil rayan on the bike. they saw a man on his cell phone and they thought he was calling backup and he was ordered then to open fire on the civilian and kill him meters from his home. that's what the prosecutor says she has been able to piece together. we have heard from his attorney, refused to be drawn today. his court appointed attorney refused to be drawn on the facts of the case and he has yet to enter a plea and he noted they did surrender to ukrainian forces. this will be a heavily scrutinized case. this is really the type of the iceberg for the justice system here. >> aaron mclaughlin in kyiv, thank you. ambassador, what do you make of

ukraine pursuing this trial now? >> this is just the very beginning, there are thousands, tens of thousands of these cases that will be there, but we really have to remember that the accountability that the responsibility for these war crimes, for these atrocatrociti goes all of the way to the top, to president putin. he has give n the direction to those military forces and it has resulted in these war crimes and atrocities. it is that accountability that is necessary and the way that will come, jose, the way we get accountability to the top is if the ukrainians, when the ukrainians, win. when they are able to defeat the russian forces on their own territory. then at that point there will be accountability all of the way up the chain of command. >> the president says they will

retaliate if finland joins nato. >> i'm not that concerned, they have their -- they have their hands full in ukraine. they made a strategic blunder when they invaded. i don't think they will want to take on yet another front against finland and sweden. they are responsible, it's their actions that are causing them to give up neutrality and seek to join nato. >> you know,age bass door, ukraine is often called the bread basket of the world, officials are worried about the possibility that really the exports of the harvest to the world could be blocked. how important is this?

>> super important, not just for farmers and not just for those moving the grain. it is important for all of the countries around the world. we are affecting that. they are bottling up this large quantities of wheat that is grown there in ukraine and the russians are not letting it be exported. >> thank you for being with us, i appreciate your time. >> the river behind me separates the united states from mexico. for many it's the last place they must cross for a chance at a new life in the united states. it's an area filled with stories, dreams, and hopes. and many times filled with tragedy. >> mexico, the river, the intensity of the current, is

very real and yet people are crossing, men, women, and children. and when they get here to the american side they leave behind so many items, personal items, shoes, clothing, baby wipes, and then they cross in here and they hope to find american officials so they can hand themselves into them and start the process of entering the united states. up next, i'll talk to a general defense attorney who will talk about his work representing migrants in this area. represen at vanguard, you're more than just an investor, you're an owner migrants in this area. tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. ♪♪

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state and local leaders have been among the loudest vices against lifting title 42 right now sage the area is not prepared to deal with what could be a large number of migrants crossing the border once the restrictions are lifting.

joining us now is edly bordales. it is a plash to see you, thank you for being with us. >> thank you. >> let's cut to the chase, why do you say title 42 must not be lifted. >> we don't have the resources from the state or the federal government to address the number of immigrants and mie grants that are crossing. we have video and we have been in constant communication with officials. >> if this boat comes through that is shrouder than loud we'll use these microphones to continue our conversation. why don't you hold on to that mic, if you would. you'll know what i mean farce loud, go ahead, sir. >> in those conversations we have been privy to a number of videos and a number of information that show that's there is over 100,000 migrants ready for title 42 to end. we don't have the resources or the manpower to be able to handle that. >> what is it that you're

asking? i know you wrote a letter to the governor -- >> correct, yes, and in my letter, i am referencing that we need these initiatives that we're trying to propose to the governor, we need to take into account that i'm proposing them because congress failed to act. for over 40 years they failed to address the policies. so if you're independent, republican, or democrat, ask yourself is your congressman making migrants and immigration reform policies their number one priority and if they're not you need to vote them out and put someone in there. >> you're absolutely right. there is a difference between immigration and the border. this is a humanitarian crisis on the board. reform is about the 10 or 11 million people that are here, that have been here many years, that are already here, what is

the crisis that you see here at the border? >> well, i beg to differ slightly with you. i think the number of people coming, we have a 3.6 unemployment rate. we have 10 million jobs nationwide. >> there is some movement right now. sorry about that. >> live news. >> so you were saying. we have 10 million job that's remain unfilled. in texas we have a 4.4% unemployment rate and 885,000 jobs we have unfilled. we have the manpower, we need immigrants but they have to do it the right way. i understand there is a humanitarian issue, but we cannot keep exposing our law enforcement and national guard soldiers -- >> what is the solution? >> we need to invest in the

border. we need to provide a way for them to come out of the shadows. we give them the texas unemployment identification number. they can have that like a purple i.d. card. they can be gainfully employed, and they should not be able to receive any state services because they should be paying in if they want to be here. after a certain period if they meet all of the criteria and if they act properly, don't get in trouble, maybe we can give them a pathway for them to stay here. is understand that this issue may be the ire of congress, but we're left with no other choice, but for texans to have to protect themselves. >> and immigration reform was 1986, thank you so much for being with us this morning. we appreciate your time.

>> the biden administration is very clearly watching and seeing what is happening today in hooz in that courtroom and title 42 can be lifted there on the 23rd of may or will the judge change that schedule? josh letterman joins us now. what does the white house want to happen? do they want the policy lifted? do they not? what do they want? >> you know, i think this is one of those issues where there is a significant amount of disagreement. you certainly have a lot of individuals that want to get caught trying to lift this policy after president biden made pledges to progressives to do what he could to ease these kinds of limitations for people.

but on the other hand, you have officials within the administration who are very concerned as the midterms approach about what would be the political implications of a massive surng on the border just before the flexions and they are also keenly attuned to the growing number of democrats. remember of the president's own party who also want to keep this policy in place for the time being. the courts, as today they look at whether or not to extend beyond may 23rd, the prohibition on the administration fazing out title 42, but also the united states senate where the president is trying to get through relief funding, and they are trying to add in a provision prohibiting the aed min straight from lifting title 42.

one thing they know very clearly is this will be a big issue going into the midterms for both parties eager to make it front and center for voters and certainly massive implications for all of those on the border trying to get into the country and 1.8 million times that people have been expelled from the country using this policy. >> josh, thank you so much. back here in eagle pass, our nbc news team spoke with one migrant about why he left nicaragua. here is what he told us. >> >>

. >> this is the country of opportunity, he said. he said he left nicaragua because of the dictatorship there. a publisher of the eagle pass journal. so you work and defend a lot of people that cross over and look for a new life. what are you see something what are they asking for? >> i would say about 99% of all of my clients that i'm appointed to represent that they're basically fleeing from persecution, violence, and seeking asylum in the united states. and pursuing the american dream. >> how does it work? it teams so ad hoc, right?

they say you should not be traveling to there and they're immediately picked up and sent back. cubans are mostly sent back, is there a clear policy when you are representing people? >> well, obviously the department of homeland security has a myriad of policies they're not implements and not every immigrant are treated the same. some are being immediately deported and deprocessed. others are allowed to be processed. they do a very intensive social security background check. they are looking into those measures. dhie a outstanding job to weed

out those -- >> title 42, for example. >> and every other situation as well. >> so let me ask you about this community. you live here and you represent so many different ways. what is it like and how has it been affected by this? >> well, we have always been in communicate with our mexican brothers and sisters. most families have family members on both sides and we really work together as one community, but the recent surge of pick grants through this part of the country has impacted the community. we're seeing numbers that we had not seen -- >> so what changed, how do you see that? >> it is really a very difficult and ccomplex, there is a number

of reasons, but basically i think it boils down to the fact that it is congress. i think that congress should sit down and not be given a summer recess, and lock down themselves until they pass immigration. >> comprehensive immigration reform could not include people passing over from venezuela and nicaragua. how do you thread that needle? >> basically our community is having to enforce the current problems in the united states. so they're just having to implement that and if theyed

that a comprehensive reform that would include, for example, right now the united states allows people to come to the united states and seek asylum subject to a screening process. if they not they're denied and returned -- >> is that process clear and orderly? is that something that people know how to have access to? >> because of the history of the united states and enforcement of immigration in the past 30 or 40 years, every administration that comes into office comes differently and that caused a little confusion. among our own law enforcement even. >> thank you for being with us, i appreciate you being with us. >> still ahead, i'm joined by a

white house covid coordinator with a dire warning about what could happen this fall if congress doesn't take action. we're coming to you live as we await the hearing on the title 42 border restrictions. you're watching jose diaz-balart reports. diaz-balartf it. the lows of bipolar depression can take you to a dark place. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, reports. had no substantial impact on weight. this is where i want to be. call your doctor about sudden behavior changes or suicidal thoughts. antidepressants can increase these in children and young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion, stiff or uncontrollable muscle movements, which may be life threatening or permanent. these aren't all the serious side effects. now i'm back where i belong. ask your doctor if latuda is right for you.

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what is your biggest concern if there is no additional funding? >> if congress does not pass any additional money we will go into this fall we will need a new generation of vaccines and that will not be available. we're going to run out of treatments and testing. whatever we see we'll have to deal with that with none of these traditional tools with us. it's going to be a mess and congress really cannot abandon the american people. it has to step up and act and provide the resources we need to we can have treatments, vaccines, and testing for americans moving into the fall and winter. >> yeah, doctor, you and the administration warned that the u.s. could see 100 million cases by the fall. that is a huge number and there is not enough to go around?

>> yeah, we're looking at a range of scenarios and planning for a variety of different scenarios, right? and one of them is if we go into this fall without the new generation of vaccines coming, if we go without treatments and testing we may see a large wave of infections in the fall and winter. and we do not want to deal with that wave of infections without any of the tools that we developed in the last three years. i think that would be a real problem and i hope that congress will step up to act. >> why are some people who have recovered from covid after taking an anti-viral treatment are developing symptoms soon after. >> viral load rebound. we don't know how frequent it

is. in the clinical trials it happened about 2% of the time. pretty infrequent. that number may be a little higher, but it is still pretty rare. all of the data that we're seeing in the clinical trials and real world shows this drug is having a massive impact on preventing hospitalizations and deaths. i have no concerns about the use of the drug. we have to understand the rebound, but when people have the rebound they don't end up in the hospital. this drug is extremely effective from preventing people from getting very ill. >> one doctor found that covid killed latinos 65 years and older more than two times the rate of whites. what lessons have we learned from what is clearly the inequities that exist throughout this pan determine snick. >> yeah, jose as you know, this

pandemic has affected all of us but it has not affected all of us equally. we have seen in communities of color, latino communities, higher rates of infection. for a variety of reasons including longstanding efforts. we have a lot of work to do but we're not giving up. we're making sure everyone gets access to high quality vaccines. >> yeah, i think that the example is how it is now, you know, you have to call or reach a doctor to get it when a lot of people don't have access to a doctor that can prescribe it. we need to look into that being more widely available.

>> yeah, absolutely. one of the things that we know is a lot of americans don't have a regular source of care which is why the president has argued for and as we rolled out a tested free program, we can go to pharmacies, federally qualified health centers. you will see federal sites standing up soon. people that may not have access or health insir rans can still get the care. >> when we got to eagle pass, we were able to speak to migrants about why they left their home countries. why they left it all, they left their families with the dream of a new life in the united states. one dad broke down as he told us he had to leave his little daughter behind.

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how are you? >> doing well. thank you. >> i want to talk about title 42 and also about this community that is so vibrant and thriving and how eagle pass is really a place that has such close ties with mexico. >> indeed it does, josé. this is a community of perseverance. when the peso devalues, that has an impact on our economies, because our economies, eagle pass across from another community of roughly 250,000 people, and there's an interconnectedness of our economy and of our people. >> it is difficult when you have that historic ties of really, almost, one area separated by a river, but this reality has affected this community.

>> indeed it does because of the pressures that have come about based on -- number one, let's remember, we are recovering from covid economic obstacles that we did not impose and the federal government had to respond, but let's remember this bridge finally in november of 2021 allowed for nonessential people traffic to come across which therefore impacts our economy because of the fact -- and i mean this in a positive way -- people are back to purchasing. this port of eagle pass is the 33rd busiest in the united states of america, out of 450. so therefore all of this daily activity that we welcome because that is part of our economy. >> judith, in the time that we have left, is there a solution?

>> indeed there is, josé. the solution is i ask for our representatives in washington, d.c., the united states congress, take up comprehensive immigration reform, title 42 as it was used previously and has been used under the purview of the center for disease control is a band-aid, and it served a purpose but what we need is overall immigration reform. >> good to see you. thank you for receiving me in there, too. >> thank you. that's it for me. i will see you tomorrow night on nbc "nightly news" on saturday. chris jansing picks up after this quick break. s jansing pickr this quick break

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♪♪ ♪♪ i am chris jansing. we are following a number of fast-moving stories this hour, including a significant day with the war in ukraine. this russian soldier appeared in a glass cage to face murder charges that he murdered an unarmed man ride a bike. and then the calls for the government to