willie got a little ahead of the ball there. >> i just want to be clear. that was no one's fault by anymy own. at some point, it stops firing and that's on me. the continue now. >> it's time for us to go to the cheeds cake factory and have our show. why don't we do what we learned today. what i learned is mika wants to be the google. and barnacle goes to the opera. >> i learned that there's something about you and ari and ice baths that i need to look into deeply. >> i deent really think so. willie? >> i learned huge game coing up in a few hours. u.s. men's national team. if they win, they move on. if they lose, their world cup is over. >> i learned to leave the opera at halftime, even though there's

no halftime. >> aren't you glad we came back. >> jose diaz-balart picks up the coverage right now and aren't you so glad we're leeing now. bye. >> go usa. >> good morning. it's 10:00 a.m. eastern. i'm jose diaz-balart. right now at the supreme court, justices are listening to arguments in a pivotal case in the fight over the nation's immigration laws. we'll talk with an immigration expert who says this one of the most consequential cases of all time. we'll ask him to explain why. a huge high stakes day on capitol hill. we just have gotten word that the big four, will meet with president biden at the white house minutes from it now. we'll talk about that and more with congresswoman north that ma torres. plus excitement building before the world cup game. the politics playing out both on and off the field.

right now, we are following break news out of the supreme court, which is hearing argument this is hour in a case that could have huge implications firefighter immigration enforcement and how states can challenge federal poliies. the case centers on the biden administration's enforcement priorities. which focus on removing those who pose a public safety threat. much different from the hard line approach taken by the trump administration. courts blocked enforestment of the new policy after texas and louisiana sued. with us to talk about this is washington correspondent yamiche alcindor, and a policy director for the um grags council. what's the center of this arguments today there? >> reporter: good morning, jose. this is a landmark case.

really what's at the center is this memo sent out saying that he wanted to set out a priority for the biden administration and for immigration enforcement in this country. he said that he wanted to focus on the administration saw threats to national security, worder security and public safety saying this part that the federal government just doesn't have the resources to go after the 11 million people estimated to be living in this country without proper authorization. it's within their right to determine who they want to target for immigration enforcement and deportation. you saw states lake texas and louisiana push back and say it was not right for the federal government to do this. that they are stopping states from enforcing immigration laws and immigration policies. that went to a court that was before a trump-apointed judge. that judge sided with the states saying the biden administration was wrong. they went to the supreme court. the supreme court wanted to hear the case, but they kept in place

the order from that trump-appointed judge. that means those priorities put this place are not being put in place. that being said, the other thing that's going on here is the politics of all this. let's remember the house minority leader who wants to be house speaker, republicans take over the majority, he's been focusing on um grags saying the border is out of control. as we have seen record high crossings, he's saying he should resign or face impeachment on the democratic side you're seeing folks say we have to have some sort of order here because there are a lot of law-abiding citizens just trying to make a living and be essential workers. and are not break the law. and deserve to be targeted in the same way that other people who are breaking the law are. there's a lot of politic here's. at the center is a lot of people trying to make a better life for themselves and often times fleeing poverty and some people breaking the law and the biden administration wants to go after. so a lot before the supreme court.

we expect to hear a decision in the months to come. >> the federal government is responsible for immigration policy. every administration has set its own priorities when it comes to immigration enforcement. why did the case get to the supreme court now? >> that's right. in fact, the secretary's decision to focus the limited resources on threats to national security, public safety and the border while largely ignoring undocumented immigrants was an exercise of a long-standing power that the secretary of the department of homeland security has always used. we have seen previous min gragss including the trump administration create similar enforcement priorities. because in a world of limited resources, the federal government does have to pick and choose. but this is the first time it's made it to the supreme court because years ago no state would have ever considered bringing this policy. that's why this case is really about two things.

the first is whether or not the secretary has the ability to set these kinds of priorities. the second is the department of justice asking the supreme court to impose stricter limits on the ability of states like texas or california to go running to the nearest judge every time the federal government does something they don't like. that's why this case could have significant ramifications that go beyond the law. >> how would that have repurr cushion this is other aspects? >> our systems of checks and balances work better when people harmed by the federal government can go to the court and see a judge and get an order that fixes their harm. but not so much so when the federal government is being haul ed into court every time they do something policy related that a state doesn't like. the biden administration is asking the supreme court to make it harder for states to get these kinds of court orders. and sips we have seen an explosion of these court orders,

i think it make it is really important to understand that if the court imposes limits we might see fewer judges interfering. at the same time, our immigration enforcement system works best when our immigration agency cans go after the people that they believe best serve the public. not when they are forced to go after people living in this country firefighter decades or just searching for safety in the united states. >> i'm sorry. i didn't mean to interrupt. >> if texas wins, not only could this make it more arbitrary, it could green light intervention in federal policy. >> thank you both so much for being with us this morning. such an important subject that the supreme court is tackling right now. turning now to georgia, where the senate runoff is a

week away. "the new york times" reports former president trump will not join herschel walker. they agreed a trump visit could carry more risk than reward. joining us now from georgia is tremaine lee. good morning to you. more than a quarter million people have cast their ballots in early voting yesterday? >> reporter: jose, we think about those numbers exceeding expectations. 301,000 people voted early yesterday breaking a record. it's a more than the 2020 elections, more than the 2020 special elections. for many months now, organizers have been pushing folks to vote early. then with the runoff in the time schedule it's becoming more important. i'm here in southwest atlanta at the rec center. there's a big sign that says vote early. the message to folks is to vote early. people like linda flanagan, i wanted to does you. why was it important for you to vote early? >> it's 30r7b9 to come early, i

should have come saturday, i have been registered to vote since 12th grade in high school. we were registered in high school by the elections board. so i have been voting ever since. it's very important. my family votes. i remember taking my grandmother to vote in the '80s and '90s. it's important we get our senator to return to washington because he has done some amazing thing there. >> you talk about this election in particular. why does this one matter? >> because we need that extra vote in the senate. that would make it much easier to pass many bills that we need passed. with biden there, we can do some tremendous things.

i'm looking forward to him doing more than he's done. that's what's important to me. >> thank you so much. there are folk who is are on a mission to return senator warnock to the senate. to give the democrats a clear majority, but also we can't discount the actual organizing work that's been going on on the ground for a couple years now. we're seeing that in the turnout numbers. 301,000 people voted blowing out the previous record. so folk here's are enthusiastic and energized and making sure they come out early. >> what extraordinary thunderstorms. 301,000. you said that earlier in our conversation. this breaks 2020 election records? >> reporter: certainly. by a lot. >> that's a presidential race. >> reporter: exactly. early voting, so folks here in

georgia understand the stakes of this particular election. you also have to look at georgia and the mechanisms here in terms of turning out voters. a bunch of voters said we're going to break records. >> it's always a pleasure to see you. thank you for being with us. coming up, are the rare protests we're seeing in china a moment or a movement? we'll have a live report from beijing. we're keeping ab eye on the white house, where the top four congressional leaders are expected to meet with president biden. and later, will smith speaks out about the slap that shoced the world at the oscars. >> i lost it. outside ye olde towne center! (cecily) you need a better network. 'tis the season to switch to verizon. (scrooge) 'tis? (cecily) 'tis! you get a free 5g phone when you do. (scrooge) free phone! (cecily) plus verizon gives you another great gift!

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now to china and the latest on the demonstrations that have captured the world's attention. protests that began with demands

to be freed from covid restrictions and calls for more rights and freedom. some protesters even daring to call for the leader's resignation. joining us now is gordon change, author of the great the great tech war." how unusual to see chinese people holding up pieces of blank paper asking for the end of censorship and freedom. how unusual are these images? >> this iss a stounding. the reason is because after the fire on thursday, we saw these mass demonstrations erupt across china. there was no coordination, no leadership, no organization. this is just people pouring out into the streets. those white signs that you talk about, they can't say what they want to say. but everybody knows what they want. so clearly, we are seeing the communist party under unrelenting assault.

>> what do these white pieces of paper represent? what is it that they aren't saying that they wish they could be saying? >> they are saying they want the end to the zero covid restrictions, and that's the most fundamental level. but also as you point out, people have been saying they want the chinese ruler out of the way and overthrow the communist party. so that is revolutionary. and what is really interesting is that this is at the beginning of the protest. in 1989 where the protests were 371 cities, protesters didn't call for the overthrow of the communist party. they justed a hard line leader out of the way. they wanted some reforms inside the party inside itself. that now we're seeing is a more targeted approach saying now we want the party out. >> interesting because the question i have is this a movement or this a moment?

>> that's the critical question. we will see the regime impress people. this will go away, and it will come back at the next incident. right now, the chinese people they look the at the party and the party has lost their support. they lost people's heart a as a famous chinese historian once said. that's the important thing. this will occur again and again and eventually the party will have to relent. right now, on zero covid, it's not making significant concessions. that means these irritations will continue, and the protests will flare up from time to time. >> can they contain this? is just clamping down enough? we know what happened in 1966 with the cultural revolution. hundreds of thousands, if not

millions of civilians died because they were clamping down on what they saw as capitalism seeping into the government. is this something that the government of the regime in china can successfully do forever? clafr down, destroy, destruct? >> it can't. part of it is the communist party ideology that they must control everything. that means he's not going to make concessions to the chinese people. and his policies are creating an irreversible decline in the economy. there's going to be a crisis. that makes this even more volatile for china's rulers because prosperity that people have come to expect. they have never known downturns. they are seeing now. it started because of covid, but also because of the policies of incurring too much debt and doing other things that are

uneconomic. so right now, i think china is on a cycle downwards. it's going to be an unstable country. that means that will have imcomplications not just for the chinese, but also for china's neighbors and for us. it's going to be a long struggle with the regime. >> thank you very much for being with us this morning. appreciate your time. up next, how the game of politics is looming over today's huge world cup match between the u.s. and iran. plus we're live in romania where a critical nato meeting is about to the get underway. ukraine the subject to discuss. you're watching "jose diaz-balart reports." "jose diaz-balart reports. fresh waaaar than detergent alone. if you want laundry to smell fresh for weeks, make sure you have downy unstopables in-wash scent boosters. research shows people remember commercials with nostalgia. so to help you remember that liberty mutual customizes your home insurance,

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later wales and england will face-off. joining us now from qatar is senior correspondent christina londor. great seeing you. what's the atmosphere like? >> reporter: jose, it's mostly security surrounding the stadium. the fans are lining up outside. but the political situation is highly charged. some are saying this could be the highest charged political or soccer game in history. if you think about it, the u.s. has supported the women's marches in iran that have brought that country for months. iran is also escalaing its nuclear arsenals and also in russia is using iranian drones in ukraine. and the flag controversy and it becomes a very tough environment. right now as we speak, the

iranians are asking the fifa to kick the united states out of the world cup because of that controversy. so iranian journalists actually put the u.s. team captain on the spot in a press yesterday. >> my apologies on the mispronunciation of your country. that being said, there's discrimination everywhere you go. one thing that i have learned, especially from living abroad in the past years and having to 23i9 fit in in different cultures, it's that in the u.s. we're continuing to make progress every single day. >> reporter: that was tyler adams. he's 23 years old. they were asking hum how he felt living in a country that dim chris names so much because of

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affairs correspondent and anchor andrea mitchell in romania. good morning, good evening to you. what additional support have the leaders discussed today? >> reporter: first of all, the u.s. is announcing at this hour, in fact, that they are going to provide emergency supplies to ukraine to try to deal with what has been happening with russia taking out the power grid. what they have been doing, according to officials, is russia has been attacking with these cheap iranian drones taking out the substations, the high voltage substations, which are unguarded. they are all over ukraine. and that is disrupting the power grid so they don't have to use heavy weaponry that they really need to save for worse destruction in ukraine. they don't have to take out the power plant themselves. it's easy to take out these

substations around the country. so what the susquehanna trying to do is quickly spend $53 million on equipment they already have, $30 million of which is in the energy department and move it out, get it to ukraine in time for the winter, because of what they say is these terrorist attacks, that's their description, of what russia is doing to non-military targets, to the civilian targets, to the power grid, trying to break the back of ukraine. very briefly on another geopolitical issue, which the secretary said was not geopolitical, he did comment on what everybody is focused on today, iran versus the u.s. what he said is that let's let the athletes, let's let the game speak for itself this is not geopolitical. he grew up in france. he's a football fan, as he

refers to soccer, and he said let's wish that the u.s. -- we're rooting for the u.s., but it has nothing to do with geopolitics. in doha, the protests have spilled over the iranian team being silent during the anthem and everybody watching to see what kind of political rivalry is also taking place, but it is sports. it's a game that everyone is watching. >> andrea mitchell, thank you so much. it's good to see you. thank you for being with us. she will be back on msnbc at noon. right now, all four top congressional leaders are set to meet with president biden at the white house for the first time since the midterm elections. it comes as they are trying to pursue their legislative priorities in the lame duck session. one of those priorities is marriage equality. they are expected to pass that into law.

it would repeal the 1996 defense of marriage a act under federal law but not require a state to issue a marriage license contrary to state law. president biden is urging congress to pass legislation to avoid a potential nationwide rail strike, which could go into effect just two weeks before christmas. joining us now is ali vitali and jake sherman, an msnbc news contributor. a what more can you tell us about the president meeting with congressional leaders this morning? >> reporter: always notable when the big four from the hill go to the white house to meet with the president. in this case it's the first time that president biden is meeing with the top two democrats, nancy pelosi and chuck schumer and top two republicans, since the midterms. but also against the backdrop that you just laid out a very busy lame duck session here over

the course of the next few weeks. democrats likely to tick off that first to do fum that you mentioned there. codifying protections for same-sex marriage, but they are also in the process of trying to figure out a government funding deal. at this point, government funding runs out in mid-december. then that rail strike all in the background here. but the other thing i'm watching and i know that jake is probably watching for this too, there's very little love lost between republicans in the house and president biden. kevin mccarthy right now trying to cobble together the votes he needs to actually become speaker in january. the way he sets the tone here with biden today could give us a sense of what it looks like as we head into the next new period of divided government in washington. >> what are you looking at, jake? >> reporter: ali is right. i imagine kevin mccarthy is going to take this opportunity to stand up to biden on something. i don't know what that will be. it's something his conference would love and something they are looking for for sure. a few very pressing agenda

items. number one, government shutdown, december 16th. the white house is preparing for a prolonged stopgap measure, which is not ideal. it would be a defeat for congress thal democrats. we reported on that this morning. a year-long stopgap, which would extend funding where it is now until the end of the next fiscal year. that's number one. number two is the debt limit. needs to be raised at the end of next year. that is something that democrats want to try to get done in the lame duck. i'm skeptical. we'll see how that turns out. and the administration has a whole other set of priorities. none of which are very likely to get into law. so they really need to prioritize here government fund ing mechanism. and then the rail strike is very pressing. this was just thrown in the mix last night. so every one of these leaders, pelosi, schumer, mccarthy and mcconnell, have different priorities and insentive

structures as they head towards the end of this year expect and finding the overlapping areas is the key for joe biden going into the lame duck session of congress. >> let's talk about the rail strike threat. the president, who would i a announced in the past, that issue had been decided on and dealt with, today we're seeing that no, it's not. what is the possibility that this could go to a strike? >> we're seeing congress and the white house both agree that's something they don't want to see happen. pelosi saying they could vote on a deal to avert that strike this week. they would have to because december 2nd is a day if the rail strike were to happen, they would have to let all relevant parties know a strike was coming. the white house and congress would like to avoid that what we're seeing here now is a deal being cobbled together to give the rail workers some of the

things in this deal they want, a better deal than the one that was initially proposed, but certainly not all the items they want to see in this final deal either. so this is a tough spot for democrats. they don't want to be seen as union busting or going against union work, but at the sam time, biden said if the strike were allowed to happen, you'd see 700,000 workers put out of work in the first two weeks of the strike actually happened. so it would be catastrophic for the economy. the white house and the democrats both warning about that. and doing what they can to avert this from happening. >> 4 of the 12 major unions struck down the agreement. what is it that congress is being asked to do? and why ask congress to do it now? >> the why is the important thing. the administration should have seen this coming earlier when some of the unions started dropping out, and that's on them. they are asking congress to get something done in a week and a

half, which is never a good idea. especially for an administration that prides itself on capitol hill. what they are asking congress to do is take this deal that president biden cut and codify it into law. congress has the power under the commerce clause of the constitution to do that. to prevent the strike from happening by taking this agreement that both parties agreed to the at the front end, but had since dropped out of. and mandating that it go into place. that will be easy in the house. i tonight think they have to worry about that in the house. the senate, they have to get ten republican senators to do this. at least once they need 60 votes to the get this through the senate. it's doing to be difficult. i don't have a good sense of where the fault lines are and whether they could get ten republicans to do so. it's difficult to get ten republicans to do anything. we know that. which is why it's a bit curious how the administration is asking on november 28th and they want it done by december 9th.

it seems a bit rushed and a little bit of a hail mary, so to speak, for the administration to want this done in such a short amount of time. >> i thank you both very much for being with us. now to continue our conversation is congresswoman norma torres. it's a pleasure to see you. thank you for being with us. the big four congressional leaders are meeting with the president now to talk about priorities for the lame duck session. what do you think the priorities should be? >> the priorities should continue to be, as has been the number within priority of the biden administration, and that is to continue to keep our economy growing. and continue to save the lives of americans through these pandemics. we have suffered for too long. we have a lot on our plate for the next two weeks. but one thing that we know for

sure is that democrats in the house are always ready to go to pass legislation. >> do you support congress imposing a contract on rail workers in order to avoid a strike? >> i support the workers 100%. this economy cannot be leveraged on the backs of health care, sick leave and safety issues of these workers. but if there is a strike, every single state across our nation will suffer. so would urge the railroad companies to come to the table, to continue to negotiate in good faith. no one will benefit from this strike. but not just talk about the economy. let's also talk about the commuters who will not be able to ride the trains because they share those rail lines with the national railroad associations.

>> so would you support congress getting involved in this? >> i would support congress getting involved in issues of forcing both sides to the table. i would support continuing these communications to avoid a rail strike. >> congresswoman, let's talk about marriage equality. some activists say the bill does not go far enough and that it gave too many concessions to religious organizations. how do you see it? >> i see one step at a time. i would love to have a bigger bill. i have been married to the same person for 36 years. i think every couple that falls in love and wants to be in a healthy relationship and raise a family should be allowed to do that regardless of who it is that they love. but it is unfortunately not only my decision. this is pending on the senate

that they have made so many changes, but i want to see a bill move forward to begin protecting these couples. >> and let's talk daca. daca recipients and protecting their daca status is a priority for had. a study by the center for american progress found that daca recipients pay more than $9 billion in taxes and raised 300,000 children. we know keeping it in place will benefit the economy. can't kopg get something done on this issue? >> the daca issue is truly taxation without representation. these people have been this this country all of their lives since they were very, very young, many of them. they are families, they are our neighbors, they are our friends. and they are paying their taxes. the house has done its job.

it's up to the senate to move forward on this bill. we have plan b, which is updating the registry that would allow thousands of these daca reskip yents currently in bim lim bow to be able to seek legal status. >> congresswoman, it's a pleasure to see you. i thank you for being with us this morning. >> thank you. right now, white house flags are flying at half staff. for the virginia congressman who died after battling cancer for years. nancy pelosi said he will be missed. and called him, quote, a tireless champion for virginia families, a force for economic opportunity and environmental justice. he was a member of the house committee on energy and commerce and the committee on natural resources. he represented southern virginia and elected to a fourth term. he was 61 years old. up next, another consequence

of the broken immigration stm zm. why sun say ises it's costing american lives. you're watching "jose diaz-balart reports." h the pand, innovation refunds could qualify it for a payroll tax refund of up to $26,000 per employee. all it takes is eight minutes to find out. then work with highly qualified professionals to fill out your forms and submit the application. go to innovationrefunds.com to learn more. (scrooge) bah humbug! (cecily) happy holidays, mr. scrooge! to fill out your forms and submit the application. (scrooge) i can barely get reception outside ye olde towne center! (cecily) you need a better network. 'tis the season to switch to verizon. (scrooge) 'tis? (cecily) 'tis! you get a free 5g phone when you do. (scrooge) free phone! (cecily) plus verizon gives you another great gift! a tablet, a smartwatch, earbuds... (scrooge) well the more gifts the merrier! (vo) right now, get a free 5g phone. and another gift, like a tablet, smartwatch, and earbuds. all on us. that's up to $2100 in value. (scrooge) wow! (vo) act now, this offer won't last long! verizon (stalled engine) come on, ole' beauty. hey,

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we're going to do between now and christmas in terms of legislation. there's a lot to do. including resolving the train strike and what we're doing now, and congress has to act to prevent it. it's not an easy call, but we have to do it. the economy is at risk. we're going to work together to find the government all consequential issues. and we're going to find other areas of common ground because the american people want us to work together. so i'm going to stop there and get started because i'm sure this is going to be go very quickly. all kidding aside, we're here to get work done and thank you for taking the interest and the time. get work done in the interest of time. >> [ inaudible ]

. well, a lot of questions there at the same time and none were answered. that's moments ago at the white house. i want to turn to wait times in hospitals in major u.s. cities. they are up 24%, and the key reason for that is the lack of immigrant workers. foreign-trained workers make up a third of workers, and now because of the broken immigration system, fewer are coming to help our health care systems running. steve, good morning. you also have 30,000 plus of the country's current health care workers on daca right now, and that's according to the center

for american progress. daca could go away any moment and they would lose their protection. this is a problem for health care. immigration is broken from a to z. >> i think you nailed it there. the daca workers are a critical part of an american labor sector running short of workers, and we really have a health care crisis in this country. the worker shortage is seen by people in sort of a matter of degrees. sometimes it doesn't matter much, like a store that close the because it can't find workers, but the lack of foreign workers that do a big part in supplying work out there, this is what was said from the kato institute. >> we absolutely know it's costing lives. every delay in the ability of a person to see a specialist, to get an exam done costs human

lives and can be measured in that way. so i don't think it's an exaggeration to say that the failure of the federal government and the state governments to get health care immigration right is a matter of life and death for millions of americans. >> so the problem is both that we have trouble getting them in, and only one of every six applications for business for a foreign workers is fulfilled these days, and because of license problems they can't work as health care workers. >> thank you for being with us. i look forward to continuing our conversation. >> great. >> thanks. up next, the world's largest active volcano is erupting for the first time in decades. why officials are urging people to stay vigilant. you are watching "josé diaz-balart reports." t reports. and décor up to 50% off.

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55 after the hour. eight months after will smith shocked the world by slapping chris rock live during the academy awards, smith is talking about why he did it. it was a horrific night. he explained when rock made a joke about his wife's baldness she suffered from, he lost it and flew into a rage. >> i was gone. i was, you know, that was a -- a

rage that had been bottled for a really long time. it was the little boy that watched his father beat up his mother, you know. it was all of that just bubbled up. >> smith's appearance comes after a series of online statements and his resignation of the academy of arts and sciences, and he understands if audiences have not forgotten him. residents after the world's largest active volcano erupted for the first time in decades. jacob soboroff has more. >> the last time it exploweded was 38 years ago, back in 1984.

and officials are keeping a watchful eye and are urging residents to be prepared to evacuate if things get worse. mauna loa on the big island of hawaii, suddenly bubbling to life. spouting lava and ash sunday evening after weeks of heightened unrest. >> in september there was this increased amount of earthquakes and ground movement indicating it was more likely that an eruption would occur sooner rather than later. >> so far it's not threatening communities that live down slope, and they are urging residents to stay vigilant. >> we understand this type of incident can be dynamic and things can change. we challenge the public on the big island, visitors and those that live there, keep their guard up. >> and southwest airlines preemptively canceling flights

to the island because the ash can cause engines to seize. >> and it's taking place from three different fissures. >> mauna loa last erupted in 1984, and the lava flowing for 20 miles down slope briefly threatening the city of hilo. >> this lava flow is similar to what happened in 1984 and potentially could threaten populated areas. >> with small earthquakes and eruptions happening regularly in hawaii. >> there were frequent and -- there were many earthquakes. >> but they have not had a major eruption since 2018, when mauna

loa's sister erupted and devastated areas. now mauna loa is flowing again for the first time in a generation. so based on the location of the eruption, officials say they would have ample time, at least a week to warn communities that might be threatened, and mauna loa and kilauea is erupting as well right now, but it's called passively erupting and that lava is well contained. >> thank you. that wraps it up for me. i am josé diaz-balart. you can reach me on twitter and instagram. thank you for the privilege of your time. alex witt picks up with more news right now. good tuesday morning, everyone. i am alex witt here at msnbc headquarters in new york. right now we have our eyes on the white house where president biden is meeting