and less oral steroids that's my nunormal with nucala. nucala is a once-monthly add-on injection for severe eosinophilic asthma. nucala is not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. talk to your asthma specialist to see if once-monthly nucala may be right for you. and learn about savings at nucala.com there's more to your life than asthma. find your nunormal with nucala. hello on this friday, thanks so much for being here. it is 10:00 eastern. i'm ana cabrera reporting from new york, and we are following breaking news this morning.

a new era at the southern border with title 42, the covid policy that blocked migrants at the border expiring just hours ago, but the legal limbo isn't over. a new ruling overnight injecting new uncertainty into the situation, so what's the plan now? and did officials do enough to prevent chaos? >> our system has been broken for more than two decades. everyone agrees about that. it's time not to criticize, it's time to act. >> also breaking this morning, the man accused of killing jordan neely in a new york city subway surrendering to police moments ago. the former marine now facing a manslaughter charge. we've got a live report outside the courthouse. plus, extreme weather, tornados touching down in oklahoma and elsewhere causing widespread damage. we'll tell you where this system is heading next. let's begin with the breaking news on the southern border where the covid

restrictions known as title 42 expired overnight. in the early morning hours, this is yuma port of entry in arizona, and you can see a steady stream of migrants waiting to be bussed to a local processing center in matamoros, mexico, groups of migrants could be seen crossing the rio grande with children on their shoulders. we have the full team covering all the angles. shaquille brewster is in chicago, a city that's declared a state of emergency. let's start with you, julia, in el paso. what's happened at the border since this title 42 expired? >> reporter: well, ana, it's not chaos, but it is crowded. you can see there are families, even some with very young, evening newborn babies sleeping on the floor here. that's because just overnight this shelter, which is part of a network of shelters took in over 100 migrants as they lifted title 42 late last night and more migrants came in to see if

they could have a chance of claiming asylum here in the u.s. and officials i've spoken to say they are expecting the numbers to build over the coming days. it might not seem like the floodgates are open. we don't expect all the 60,000 migrants waiting in mexico to come in all at once, but what will happen as each day passes and more migrants come, they start to fill up the capacity of border patrol processing centers. then there could be a situation where more igrants are spilling out of the shelters and really placing a burden on city officials and cities like we are seeing now in el paso. but right now, i would just say, it's crowded, they're bracing for more, but i wouldn't call this a completely chaotic scene. >> in fact, it sounds like what you're describing is rather orderly in the processing, and the entry of some of these migrants to the u.s. since title 42 expired overnight, julia, we did mention that overnight ruling from a florida judge blocking the biden administration from releasing

certain migrants into the u.s. with no way to track them. how has that impacted processing and what are you hearing now from dhs? >> yeah, that's right. i mean, they say they will comply, but we understand they're keeping all their legal options open. this is a florida judge who said they cannot go forward with a plan to release migrants without court dates or without the ability to track them. that was under a plan to send migrants to an i.c.e. office to get their court date there within 60 days of their release. it was a process they had in place when they got to those points of over capacity that i talked about. but secretary of homeland security alejandro mayorkas was just speaking to savannah guthrie on the "today" show when she asked him if the border was secure. here's what he had to say. >> you say the border is not open, but there is a subset of people who are being released into this country with no court date and no way to track them. that sounds like the border is open for some. >> savannah, the vast majority

are being removed. i think if one asked any one of the 1.4 million people who were expelled, removed, or returned last year, i don't think they would tell you that the border is open. and we should say as well, we should say as well that there was another lawsuit last night from the aclu challenging the biden administration's new rule that will make it harder for people to claim asylum at the southern border if they did not first claim asylum in a state they pass through like mexico. the fast release of migrants without court dates and the ability to try to deny more asylum seekers, courts may be blocking both of those tools. >> shaquille, chicago is just one of the cities inland that has declared a state of emergency due to the numbers of migrants that have been bussed there. what's that city doing to meet the needs of those who need help when they arrive?

>> reporter: they're saying they're doing everything they can. and you're hearing that from city officials, from volunteer organizations. those on the front lines of this crisis. governor abbott's program essentially has sent more than 8,000 migrants here to chicago. that's a pace at about 100 to 200 migrants a day, at least that's what they've been seeing over the past week or so. the problem is really housing. shelters are full in this city. what that is leading to are those images you're looking at on the screen right now. you have migrants in the lobbies of police stations packed in. i just left this police station here. we saw about two, three dozen migrants just laying on the floor, pretty much a marble floor and a blanket separating them and relying on that for shelter. they're uing a nearby park field house for shower locations. so there's a scramble there, and city officials are saying the resources are being strained. i want you to listen to how the

alderman is putting this. he helped convert a warehouse into a facility that can house some migrants. listen to how he put it. >> we are in a breaking point, yeah, absolutely, especially after the title 42 was being lifted so there's a breaking point. so this is not only local. this is also international, so federal government must have a more coherent policy when it comes to countries in latin america that are being destabilized, and we have a humanitarian crisis at the border. >> reporter: the big message that you're hearing here in chicago is that this is not sustainable. so many people saying they want to help, but they say they don't have the resources to be able to provide those services. >> thank you both for your reports. i want to bring in sergio gonzalez, executive director of immigration hub, and a former senior adviser to then senator kamala harris.

sergio, thanks for being here. we know this story isn't all about title 42 lifting. on a very basic level, why is this happening? we see a lot of politicians pointing fingers, but what are the facts? >> thank you and good morning. we do not have a border crisis. we have a forced migration crisis around the world and in the western hemisphere. if you look across the atlantic over to what has happened in ukraine, over 7 million people have been forced from ukraine as a result of an authoritarian leader who has decided to invade that country. here in the western hemisphere, we have fascists and autocrats and dictators across the region who are forcing people from their homes who have destabilized their own countries, and so it's not border policies that are bringing people to our border. it is climate change. it is these autocratic leaders who are inflicting violence on

their own people and human rights abuses. in nicaragua, there is a leader who is jailing priests and political opponents. in venezuela, we have widespread violence being carried out by the maduro regime, and so these people are coming to our country seeking safety and freedom, and they're being painted as a threat to america when the opposite is true. they're desperate people in need of help. >> and wanting to contribute. i know a lot of them who i've spoken to have the right intentions certainly. we keep hearing the system is broken, the images we've seen for a while now seem to back that up, but what does the path to legal status look like for these folks in the current system? >> secretary mayorkas is right when he says our system, our immigration system has been broken for a long time, for decades, and i just want to remind people that donald trump decimated and took a torch to an

already broken system. his administration destroyed legal pathways for people to be able to legally come to the u.s. they walled off america, they separated families. they jailed families. we all remember the images of kids who are separated from their families at the border. i just want to remind people in the american public, this is not the way, that we are better than this. there are solutions here. congress plays a major role in fixing this, in making our asylum system and our immigration system work. this can be done. we can resource the border so that we have the right personnel, the right officers, people to ensure that there is a humanitarian assistance that is needed for the people who are arriving at our border. this does not have to be chaotic. this can be orderly, but this cannot happen without congress

resourcing this and republicans at every opportunity, they have had a chance to pass immigration reform. several times over the past decade. >> and decades, in fact, it's been decades that they've had that opportunity. >> yeah. >> let me just ask you, sergio, because i think a lot of people look at the situation and don't like what they see. what do you tell someone who may fall into the camp of my family came here the right way and so should everyone else? >> i believe that the american people, they are not anti-immigrant, but they are anti-chaos. people understand that immigration is part of what makes america great. like, think bank to our entire history. it is a history of immigration. we all have families who have come here, right, seeking freedom, seeking opportunity, seeking safety. we have those stories, but people want to know that the system works. and so number one is that we have to expand legal pathways for people to be able to come to

this country. number two is that we have to have a regional approach to address the displacement of people in the western hemisphere. this is not a one country solution. columbia is hosting and home to 2 million venezuelans who were displaced from that country, and we need to be just as strong and just as generous, not only because it's the right thing to do. we know that immigrants and immigration makes america stronger. it fuels our economy. it fuels innovation. this is the story of america. there are solutions here. i think the people, american people, they want to know that there humanity. there is fairness in their immigration system. >> sergio gonzalez, thank you so much for sharing your insight and your perspective. and when we're back this just 60 seconds, now in custody, a marine veteran surrenders to police in the chokehold death of jordan neely on a new york city

subway. we're live at that courthouse with the charges he's facing. mounting fallout for alabama senator tommy tuberville about his controversial comments about white nationalists in the military. elon musk's rule of the twitter roost is coming to an end, what a new ceo could mean for that company. and later, some good news to chew on when it comes to the cost of your summer barbecue. "ana cabrera reports" is back in just one minute. reports" is ban just one minute. to verizon. (cecily) so you got an awesome network... (seth) and when i switched, i got to choose the phone i wanted. for free. not bragging. (cecily) you're bragging. (neighbor) oh, he's bragging. (seth) who, me? never. oh, excuse me. hello, your royal highness, sir... (cecily) okay, that's a brag. (seth) hey, mom. i gotta call you back. (vo) visit your verizon store during our spring savings event and choose the phone you want, like the incredible iphone 14, on us. verizon introducing astepro allergy. now available without a prescription.

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sort of integrity and honor that is characteristic of who he is, characteristic of his honorable service in the united states marine corps and, you know, he has his head held up high. >> neely's death has sparked widespread protests in the city and prompted discussions about the city's efforts to care for the homeless and those suffering from mental illness. joining us now is msnbc anchor lindsey reiser who's outside that courthouse here in new york. lindsey, we're expecting a press conference from the neely family at the top of next hour. it has been almost two weeks, and this is what his family and protesters have been calling for, so what do you know about what led prosecutors to this charging decision? >> reporter: well, ana, we know nbc news has learned that the d.a.'s office made this decision in consultation with the nypd without presenting it to the grand jury, so this was a charging decision made by the d.a.'s office. we know that penny arrived here at the courthouse shortly after 8:00 a.m. today. he's facing that manslaughter in

the second degree, that's causing the death of someone else in a reckless manner, and it's punishable by up to 15 years in prison. you'll recall may 1st, this viral video on the f train was released. people had really strong reactions to this video, and witnesses on that train say that jordan neely, who had been experiencing homelessness, he was a subway performer, a michael jackson impersonator. he had been threatening passengers, saying he was hungry is and ready to die. witnesses say he wasn't necessarily about to physically attack anyone, but they do say that they saw penny subdue neely in that chokehold, which ended up being lethal. other passengers did jump new as well. unclear if they will be charged. but we saw after that the medical examiner rule this a homicide, and penny had been questioned and released. once this was ruled a homicide, we really saw this explosion and eruption of protests across the city. even people jumping on the subway tracks and pausing

service to the subway, activists saying justice for jordan, jordan neely. we know that neely did have a criminal record, but of course people on the subway had no way of knowing that at the time. and we also know, as you mentioned, that the family of neely will be talking today at 11:00 a.m. or at least the attorneys will be talking. we know that family members will be present. unclear who will be speaking. they have released a statement essentially calling penny a judge, jury, and execution ner. we also have a statement from penny's attorney saying he has risked his life and safety for the good of fellow passengers. from here as you mentioned that 11:00 a.m. press conference w will be monitoring, and we can expect penny to be arraigned later today. thank you for that update. now a warning before this next story, the video you are about to see is disturbing. a man is dead after a chaotic

confrontation with police in virginia. i want you to look closely at the middle of your screen. fairfax county police say an officer was investigating reports of a stolen u-haul truck athi wearing a black shirt, who attacked the officer. as you can see, it resulted in that police car going backwards. >> and then the gun shots. the officer in the video can be heard on police radio saying the man took my gun. the man is then pulled out of the car by officers and shot. the police chief called this incident highly unusual and says internal affairs will investigate the shooting. now to some severe weather out of the great plains. the national weather service says it is investigating multiple potential tornados in oklahoma yesterday. this one touched down in the town of cole, which you may recall was already hit hard in a

previous storm. tornados also touched down in kansas, nebraska, and colorado, and more severe weather could be on the way with the threat of severe storms stretching from texas all the way to south dakota. so we'll keep an eye on all of that. up next here on ana cabrera reports. george santos is back on the hill, the reception he's getting from his colleagues and the bill he just voted on that actually deals with one of his 13 federal charges. plus, donald trump takes action to appeal the ruling that found him liable for the sexual abuse and defamation of e. jean carroll. but could he face another lawsuit from carroll because of his latest comments? even deeper into parking spaces so people think they're open. surprise. [ laughs ] [ horn honks, muffled talking ] -can't hear you, jerry. -sorry. uh, yeah, can we get a system where when someone's bike is in the shop, then we could borrow someone else's? -no! -no! or you can get a quote with america's number-one motorcycle insurer

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embattled republican congressman george santos has made his way back to washington after pleading not guilty to 13 federal charges in new york. in an ironic twist he arrived just in time to vote on a bill to clamp down on unemployment insurance fraud, one of the crimes he's accused of committing. >> you're going to be voting on legislation that cracks down on unemployment fraud. how do you justify that with the allegations against you? >> well, allegations are not proof. >> and joining us now julie tsirkin. how is santos being received on the hill? >> reporter: not only did he vote for that bill, he actually was one of the original cosponsors two months ago. this is one of the first pieces

of legislation that he signed onto. he's being accused of that very thing in new york. this bill has to do with unemployment fraud, of course, in the pandemic, that is one of the things that santos is being charged with in new york that he took unemployment funds while being employed, but back on capitol hill, republicans are largely saying it's time for him to resign, particularly all of his four other freshmen republicans in new york, they're saying it's time for him to go. however, leadership, including elise stefanik from new york justified not only santos still being a member of congress but also the vote on this bill. so including speaker mccarthy, he's also saying he's not going to call for santos to be removed at this point, but he did notably say he would not support him in a re-election effort, which we know santos is now undertaking. >> and julie, stay with me. i want to get former rnc communications director doug hie in here as well. even before the indictment, santos had hardly any money for

his campaign. he has an official challenge we are a former democratic new york state senator announcing her plans to run for santos' seat. that happened yesterday. clearly democrats see blood in the water. do republicans? >> at this point, republicans just want to get to a point where they can move past george santos being a topic of conversation. he surrounds house republicans with questions every day coming from reporters. this is not what they want to talk about, so whatever they can do as long as they can count on his vote until he's gone, to get rid of george santos, that's what they'll do. it's still very difficult. it makes since why he shouldn't be there, but the reality is it's very difficult to get rid of a member of congress. when you're elected, you essentially have an unshakable two-year contract that either you quit or two-thirds of your members quick you out. the last two times that happened it happened after a member was convicted of bribery. >> he himself even brought it up yesterday. we played the clip with him saying other people have

survived scandal after scandal after scandal. so he makes the point for you there. julie, there's another republican, senator tommy tuberville who sparked controversy over comments concerning white nationalists in the u.s. military. what's he saying? >> reporter: yeah, he's come under fire and certainly raised some eyebrows for his comments not only on this but also in reaction to the former president trump being found liable of sexual abuse of e. jean carroll in new york. earl yourier this week, senator tuberville was asked whether white nationalists should be in the military. he said i don't call them white nationalists. i call them americans. yesterday i caught up with him to try and get him to clarify his remarks or give him an opportunity to do so. >> sir, if there are folks with white nationalists beliefs of which there are in this country, unfortunately, do you believe they should be serving in the military. >> we got to define that first. what is a white nationalists.

>> someone who propagates naziism. >> you think a white nationalist is a nazi? >> that is one of their beliefs. >> well, i don't look at it like that. >> how do you look at? >> i look at a white nationalist as a trump republican. that's what we're called all the time. a maga person. that's what i'm -- >> do you agree with that assumption? >> i agree that we should not be characterizing trump supporters as white nationalists. >> i certainly didn't expect to define what a white nationalist was to a sitting u.s. senator, but even at the end of all of that, it's not clear what his position here is. i should note a spokesperson for senator tuberville tried to clarify those remarks again saying, quote, that he was being skeptical of the notion that there are white nationalists in the military, not that he believes they should be in the military. there you have it. we'll continue pressing him for answers. this also comes as he has holds on high military positions for reproductive care that he says the v.a., the dod does not have

the authority to provide. that is something that is ongoing. he told me he did not receive any answers from leader mcconnell, leader schumer, military officials as well. leader mcconnell criticizing tuberville's holds in the first place. >> you gave him every chance to clarify his comments and be direct about it. shouldn't it be simple to say you don't want white nationalists to fight for this country? >> the unfortunate remark aside, which is tough to put aside, there seems to be a real problem that senator tuberville has is and a lot of republicans who want to defend donald trump all day every day in getting into these conversations that they would just be smart to get out of or not get into in the first place. when you start having conversations where you don't know what a white nationalist is, you're having some kind of a textured conversation with the word nazi involved, these are always bad ideas as a communications principle, the

moral aspects of it aside. >> doug heye, appreciate your perspective. the former president has notified the court that he is appealing the verdict in the e. jean carroll civil lawsuit that found him liable for sexual abuse and defamation. this as "the new york times" reports that carroll could be gearing up to sue trump for a third time following his fresh incendiary comments about her and the verdict during this week's town hall. let's bring in former federal prosecutor and msnbc legal analyst carol lamb. carol, trump's attorney joe tacopina said they are appealing the dollar amount, and quote, all adverse orders, rulings, decrees, decisions, opinions, memoranda, conclusions or findings. do you see this appeal going anywhere? >> well, there are lots of complaints, obviously, that donald trump has about both the fact that this case was brought and the way the judge conducted the trial here, so it doesn't

really surprise me at all that they are -- they've filed this notice of appeal. it's not the actual brief, but it's indicating that an appeal is going to be filed, and they're going to rehash all the complaints that they had before judge kaplan on the trial level. will it go anywhere? there are going to be both legal arguments and there are going to be factual arguments. there are going to be arguments about the way the judge conducted the trial. there are going to be complaints about the amount of money the jury found in the verdict. will it go anywhere. perhaps it's always a possibility. we're going to have to see what the actual complaints are that he files in his appeal. >> and e. jean carroll's attorney, roberta kaplan tells "the new york times" that her client could sue the former president again for defamation after he said this. >> i never met this woman. i never saw this woman. this woman said i met her at the front door of bergdorf goodman. what kind of a woman meets somebody and brings them up and

within minutes you're playing hanky-panky in a dressing room, okay. >> okay, i hate to give those comments more oxygen, but i don't want to leave any ambiguity about what he said. this is exactly why e. jean carroll sued in the first place and she won. did trump not learn from that experience? >> you have to assume that donald trump has respect for the legal system, which he really doesn't. he's speaking to an audience that is outside of the courtroom and so when he makes statements like that and when he says she's a whack job or he says disparaging things like that, yes, he opens himself up to more defamation lawsuits. there's a statute of limitation on defamation lawsuits, but it's -- she has time to make that decision. this is going to -- this is going to keep this dialogue going. again, he is not -- he is not playing a game that is within the courtroom walls. he's playing a game to the people in his audience who are

congratulating him for saying things like this. >> and think still continue to believe him, even after a jury proved him liable. we appreciate you, and happy friday. up next on "ana cabrera reports" who's ready for summer barbecues. after feeling the inflation burn for several months, we have positive changes on the horizon for our grocery budgets. elon musk says he's leaving his twitter perch as ceo. so will that mean real change for the site? mean real change for the site y head & shoulders shampoo. dandruff is caused by irritation to a germ that lives on everyone's scalp. unlike regular shampoo, head & shoulders contains zinc pyrithione, which fights the dandruff-causing germ and helps prevent it from coming back. it's gentle on hair and provides up to 100% dandruff protection, clinically proven. try head & shoulders shampoo and conditioner. for best results, use with every wash. this has been medifacts for head & shoulders.

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i've got some good news for you, it's friday, grilling season is here, and food prices are finally moving in the right direction. nbc news correspondent sam brock is in florida with the details for us. sam, it looks like you got your mother's day shopping started early. what are you finding?eat their recent years. the last couple of months, specifically march and april, we've seen the grocery prices on an aggregate go down for the first time in more than two years. i'm at a winn-dixie in plantation, florida, they're rolling out deals for mother's day, memorial day. when you talk about the things you're going to want to barbecue, bacon is down. hot dogs and this is key, way down. pork is down as there are signs right now, ana that this sizzling inflation, at least

from a food perspective is finally appearing to -- >> for families who have watched grocery bills take an oversized bite out of their budgets. like chris roberts and his three kids, the last two years have been tough to swallow. >> we used to spend dollars, and now it's up to 60. >> it appears to finally be easing. so even not going up anymore, even just stable, does that make a difference? >> absolutely. >> reporter: the bureau of labor statistics shows food at home prices fell modestly month to month in march to april, the first time the benchmark has come down since september 2020. in south florida, some parents trying to capitalize ahead of the mother's day and memorial day holidays. >> are you guys planning to have a family meal? >> we normally do.

i'm looking at the buy one, get one free ribs behind you. eggs have cracked their pricing surge, falling 1.5% after a nearly 11% drop the month before. milk prices are down 2%, the biggest decrease in more than eight years, and fruits and veggies dipped 0.5%, barbecue staples like hot dogs are 2.9% cheaper, but ground beef or burgers or chicken are slightly more expensive. >> certain have weakened such as poultry and pork. >> owner john elfano in sunrise, florida, walking us through your best deals. >> you mentioned chicken and poultry. >> yes. >> better value here? >> definitely compared to beef, poultry is much more reasonable right now. chicken wings are probably the best bet right now price wise in the poultry market, and great for grilling. >> reporter: as for key tips to save even more, consider buying the store brand.

win it dixie says its private label can be 20% cheaper and look ahead of time online. >> if i had a taste for something but next week it's going to go on sale, i'll wait and buy it when it's buy one get one are free. >> i know a lot of people are going to be looking at their bills and saying what do you mean prices are down. it's month to month they've dropped. anna, year-over-year, it's still 7.1% higher for groceies like hot dogs. compare that to last august when it was 13.5%, and we're moving in the right direction. i'm kind of the five or six hot dog, five hamburger kind of guy, but for normal humans there's definitely savings to be had. >> we know what you want for father's day, get your bacon for your mother's day's brunches. >> a grill would be great. >> it's beautiful. at least here in new york today, perfect grilling weather. thank you, sam, have a great weekend. joining us now is the host of public radio's full

disclosure. let's start with this great report from sam, the price for cars and gas unfortunately is still climbing, but the grocery prices are finally easing. is that a sign that maybe we've reached a turning point with the economy? >> it might be in terms of statistical stat keeping. if you talk to mom and pop. if you poll a thousand people, if you walk from key west to seattle, they'd still tell you they're getting sticker shock at the grocery. i think psychologically they might be anchored in what they would pay for years for a dozen eggs. if eggs are at a buck 60, it's still cold comfort if they were paying $0.90 or a dollar for eggs. it's nice to see inflation might have peaked, but people who are not getting raises, who are facing shrinkflation, you're getting less for what you're paying at the grocery aisle. it's all cold comfort to my mind. >> you just put a damper on what was a really, really happy story for me.

let's just turn the conversation. let's talk tech. apparently twitter's get ago new ceo according to elon musk, and cnbc is reporting nbc universal global advertising chief linda yaccarino is in advanced talks for that role. nbc uconn -- nbcu confirmed she is leaving the company, effective immediately. will this change anything for twitter? >> to work under elon musk under this bubble he overpaid for, you have to have a streak of masochism to you. i can't imagine this ending beautifully, unless they have a grand master plan to bring back advertisers, they've alienated so many people with the blue check mark scandal, with the return of trolls and right wingers, that i don't see how you put humpty dumpty back together, and even though he

says i'd rather not manage people day-to-day. can you imagine him not micromanaging something he overpaid for. but then again i don't understand people worth more than $100 billion. i'd sooner have taken the ceo of amtrak over this. it's just like a thankless job, but you know what, surprise me. >> robin farzad, say tuned, happy friday, my friend. >> likewise. peloton is recalling more than 2 million exercise bikes over a safety hazard. now, the company says it's gotten 35 reports of seat posts breaking on the pl 01 model bikes leading to falls and injuries including evening a fractured wrist. so if you bought a bike between 2018 and 2023 this year, this could be your bike we're talking about. the consumer product safety commission says you should stop using it immediately and contact the company for a free repair. up next on ana cabrera reports, loosening gun restrictions.

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welcome back. we continue to follow the breaking news regarding daniel penny, the man who surrendered to police earlier today over the chokehold death of jordan neely on a new york subway. there you see penny leaving a new york police precinct.

it looks like he's handcuffed, hands behind his back there. penny's expected to be arraigned today on manslaughter charjss. we'll bring you more updates as they happen. and a new legal setback for restrictions on guns. a virginia judge has just struck down federal laws blocking handgun sales to people under age 21. this is just the latest in a series of decisions striking down gun laws after a supreme court ruling last year changed the way courts evaluate firearm restrictions. let's bring in msnbc legal analyst danny cevallos now. so danny, can an 18 buy a gun? >> a federal district court only covers a geographic area and sometimes like the state of new jersey or virginia has several different distributions. but in theory, it only applies within that district, but unless there is a nationwide injunction. but here is the thing. none of this matters this is not

the final determination. it will be appealed and there is a split on whether 18-year-old are considered citizens under the second amendment. due process issue. two main questions. whether the second amendment includes the rye to prosecutor firearms. do 18 to 20-year-olds, are these people that are citizens covered under the second amendment. this court concluded that they are. >> yes, they are. in fact, this is part of the ruling yesterday. i want to read it to you. many of the rights and responsibilities this judge notes, quote.

what do you make of that argument? >> so interesting because the plaintiffs who wanted to buy the guns argued that, hey we should look at this in modern times. in modern times we think of adults as 18-year-olds. it was the government opposing handgun striking down these handgun laws that said, no, no. we need to go back to 1791 and look at it in terms of what we thought was an adult then, which was a 21-year-old. think about that. when it comes to conservative and liberal views, normally, it's the conservative judge who is going back to 1791 and looking at the way things were back then. this is a rare departure from the usual state of argument but the way adversarial situations are. you take advantage of the best situations you have. >> let's talk again soon as we know this is not the ends of this story. the food and drug administration has finalized a new rule that will allow more

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final honor for four students at the university of idaho after being murdered. steve patterson, what is the mood like there on campus? >> i've been here four times now and i was here before and the suspect was in custody and here after court date was announced. always a somberness and tension in the here but a lot of that has been alleviated. it's finals week and it's graduation and spring in the air and i think students are looking forward to walking across that stage. in their lives is still a rough year for all students here and

especially ones dealing with stress and anxiety. the university is recognizing the fallen students in their accomplishments. take a look. >> reporter: on campus, spring is all around. offering a sense of relief as a difficult year comes to a close but, for many, the traditional grad celebrations are tinked with sorrow for those students who lost their lives. the yuvert is awarding posthumous degrees to degrees to the four students and another student who lost their life in a car accident. a family friend of xana's family jeff says he feels honored and hopes the posthumous will help others to continue their education. >> think worked hard and deserve to have that work honored and remembered for sure. >> reporter: a healing garden and memorial is also being planned. chapin's parents writing, the

university of idaho continues to amaze us with its continuing support. they told tulip bulbs in ethan's honor to raise smiles. >> ethan is one of a kind. >> his fraternity raising money and other establishes establishing similar foundations. the murder on november 13th shocked the community and brought national attention to the students' home on king road. the windows are boarded up after it was given to the university for plans for it to be demolished. the case against the accused killer brian kohberger is moving closer to trial and a hearing is june 26th. he was arrested on december 30th at his family home in pennsylvania. >> police department search warrant! come to the door! >> reporter: kohberger pleaded not guilty and recently hired a

defense attorney to defend death cases. the case is to play out in court as students take their next big steps in life. a walk across the stage, side-by-side, with the memories of their fallen classmates. no word yet on if the families of the fallen plan to attend that ceremony. we know they are appreciative of everything the university has done. we don't know if they will attend because still a lot of sadness here. >> steve patterson, thank you for that reporting. thanks for being here. jose picks up our cover. >> it is 9:00 here in el paso, texas. title 42 has expired. now authorities are enforcing title 8, the section of the united states code that deals with immigration but the expiration of title 42 brings new