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 challenges for the biden

administration dealing with the tens of thousands of people who plan to seek asylum in the united states. border patrol processing centers are already overwhelmed with people. and complicating matter, a federal judge temporarily blocked the administration from releasing migrants into the u.s. without notices to appear in court. customs and border protection said it will imply -- comply with the order but they insist that the government was prepared for title 42 to end said mayorkas. >> we have been preparing to this to end for a year. i want to be clear it will be challenging but we have a plan and executing on our plan but take time for our plan to show results but we have confidence in that plan because it has worked in the past. >> here in el paso, in many

ways, today seems just like it did yesterday in many ways. so much has changed and i'm here in front of the sacred church in downtown el paso. very close to the border and this mural here, as you see some folks lined up, these are the toilets the city has put up for them. there is jesus. and our lady of guadalupe shining a line towards many others. we are so close to the border. el paso is a border town. take a look just a block from us, there is the international bridge. i don't know if you can see this, but see the amount of cars that are on that bridge? that's normally. that is a normal everyday as for el paso. thousands of people have traditionally, for generations, gone from one city to other on a daily basis. some to go to school, to shop,

to go to work, and then go back to the other side. but things are different now. just to the east of where we are are the other two international bridges that connect the united states to mexico, the america's bridge and another bridge that is east from us. as you can see the shot where that quad is, there is on kind of the inferior part of your screen, you'll see there is part of the fencing and the wall that exists there between the two countries. all the way down, you can see -- i don't know if you can see that x there. yeah. look at it right in the middle of your screen, that x? that is in mexico. a place where, benedict xvi when he came to mexico, he gave mass there. in many ways, this is what are two wings of one bird here in el

paso. two communities have been so intertwined for generations. i want to bring in to start our coverage, nbc news homeland security correspondent julie and our international correspondent tom llamas. julie, are there any changes from yesterday when it was the law of the land? >> reporter: i agree with your assessment it looks like it did yesterday. i'm downtown in a shelter for families. i went inside. many people sleeping on the floor. the shelter operates this shelter and two others in the areas. said over 200 migrants that came in last night. he said that is a big night for them. but honestly it could be that it's in the coming days that we will see the real impact of title 42 lifting because it's once the border of patrol facilities and processing centers get full and release to the shelters.

the shelters get full that we will see more people sleeping on the street. it might not be that we see this immediately midnight impact. in fact, sources i've spoken to at dhs told me last night the numbers are 10,000 a day and a thousand lower than the prior days and maybe people waiting in the midnight to cross with the expiration of title 42. they assumed there would be a pickup and probably get court challenges from the right and the left. alcu has tried to sue to stop them from raising the bar on asylum eligibility. they think they will prevail and the way i would describe the scenes i've seen so far this morning are certainly crowded but not chaotic so far. but the real test will come within the next few days to see if cities like el paso get the support they need from the federal government to be able to deal with this humanitarian crisis. >> tom, you spent time both here

in el paso and certainly across the border. there is always the attempt, always the attempts to make things look different than they actually are. >> reporter: yeah. >> what is your perception of how things actually are? >> you know, it's interesting. i hear what is going on behind us. a crew is here from el paso and cleaning up and they have been cleaning up all week. you have families, you have people living outside of churches because the shelters are still so full in el paso. it's a mess. the way to describe it. what i heard when i spoke to residents of el paso. they say their city has been taken over. not that they are against immigrants, right? they are concerned about the services for them, for them as taxpayers. then you talk to these migrants and they say, listen, we are leaving oppression. they have deceived by coyote and social media and listened to our own president's words who, during the campaign, was very

sort of clear in saying that people who want to seek asylum should come to the united states and we heard that from savannah guthrie this morning when she was interviewing the homeland security department mayorkas. confusion and people are coming in. i was hearing her report. 10,000 coming in and 1,000 less than the other day but still talking about 11,000 and 1,000 and 10,000 and talking about 30,000 people from the numbers we have. states of emergency in chicago, el paso, new york, something has give. >> we are not including the people that get away and that don't want to be caught by officials and we are talking about thousands, untold thousands that are crossing in and don't go through the port 41 and 40. what do you want to know from

julie? >> reporter: it's strange. the last week, title 42 was here, right? and, yet, migrants came in and they were processed and let go. that is not title 42. that is not even the biden administration rules. whose rules were there? when we ask him and people and julie and me are asking. we are at a limit. the churches are full. the churches are doing this all on donations and they are not getting federal funding but from people when el paso donating money and food but nothing left to do. we have hit that breaking point. what happens now? i asked that. they hope to spike levels off. you know the people have been walking for months and people in the cue are crossing all of those countries aren't going to stop until they get here. it's tough for border patrol because you seen people are outside on the desert floor in the blaing sun and freezing

temperatures and it's cold at night and sometimes sandstorms. >> we are waiting to sometime talk about what the reality is for those men, women, and children as they cross through mexico and as they are the other side of the wall because the exploitation, the destruction of people, it is just horrendous. julia, i thank you very much for being with us. tom, thank you. always. you guys are just the gold standard of reporting. a privilege to be able to work with you. i want to say we will take a short break. 60 seconds. when we come back, we will have breaking news and a whole lot more. stay with us. we have more on penny who is in

court in new york city. and then two cities here that have been almost uncity divided by a border. re that have been almost uncity divided by aor bder. i think i'm ready for this. heck ya! with e*trade you're ready for anything. marriage. kids. college. kids moving back in after college. ♪ finally we can eat. ♪ you know you make me wanna...♪ and then we looked around and said, wait a minute, this isn't even our stroller! (laughing) you live with your parents, but you own a house in the metaverse? mhm. cool...i don't get it. here's to getting financially ready for anything! and here's to being single and ready to mingle. who's ready to cha-cha?! ♪ yeah, yeah ♪ do you struggle with occasional nerve aches in your hands or feet? try nervive nerve relief from the world's number one nerve care company.

nervive contains ala to relieve nerve aches, and b-complex vitamins to fortify healthy nerves. try nervive. and, try nervive pain relieving roll-on. the attorneys for jordan neely are holding a press conference and a few hours after a man who put neely in a choke-hold and is expected to be arraigned today. daniel penny, the 24-year-old former marine, who was seen on video putting neely in a chokehold on a new york city subway last week arrived at manhattan criminal court and is expected to be charged with second degree manslaughter. penney's attorney released a statement saying, penny, quote. the arrest comes after a week of protests across new york city

and mounting public pressure. joining us now is lindsey riser in new york and civil rights attorney, a former prosecutor, david henderson. what is happening now, lindsey? >> the marine veteran daniel penny surrendered to the fifth precinct after 8:00 a.m. this morning and the video of him taking from the precinct in handcuffs and in an unmarked cars as he went a few blocks to where we are at this courthouse. he entered through a garage so nobody saw him actually leave that vehicle. he is expected to be arained today. as you mentioned, attorneys for neely's family are holding a press conference a few blocks from where we are and they are showing a picture of him in a graduation cap. he is saying this could have been any one of us. he said his family was there and supportive and when we think of somebody with mental illness we think where is the family and the support?

he said i his family was support and he always had a place to be and live and perhaps contradicts what we have heard in the terms that neely was experiencing homelessness. this is complicated, of course. anybody who has a family member or friend dealing with mental illness can understand that. but the attorney just calling this an absolute tragedy here for the family. just to back up in what got us here. on may 1st, jordan neely was a subway performer, a michael jackson impersonator. according to witnesses was threatening loudly saying i'm hungry, i'm ready to die. that is when the marine veteran jumped up and subdued him with now with know a lethal chokehold and he is facing a second-degree man, slaughter charge for which is. able -- punishable up to 15 years in prison. he wasn't on the verge of attacking anybody but penny subdued him and several other people on that train camp jumping in to subdue him and unclear if they will be charged. we saw this erupt, the city

erupt in protests. at one point stopping the subway system and protesters jumping on the tracks and stopping that subway from going forward. this is really a case and the video is hard to watch. it has gone viral and global and people had strong reactions to that video and now today we are seeing daniel penny arraigned. his attorneys believing he'll be absolved of anything. you read the statement saying he was acting to help himself and help his fellow passengers as well so we will keep monitoring what the attorney of neely's family have to say and if any family members will be talking at this press conference. >> the manhattan's d.a. office has charged penny with second-degree manslaughter. how does that figure into this case? >> i only will be arraigned which the judge will say this is the charge you're facing and has to go before a grand jury and grand jury has to down an indictment and later on we will see a plea agreement or a trial. the response to the d.a.'s

office facing the activism is where they chose this charge. he acted with a degree of recklessness is what you're meaning he regarded a justifiable risk that jordan would be killed if it was holding him in a chokehold. i'm not saying the wrong charge but interesting to see how the public responds. >> yeah. penney's attorney says he stepped in to protect himself and his fellow new yorkers. what strong of a defense is that? >> based on what we say right now, i would not say it's a strong defense. keep in mind i've worked on cases involving murders and aggravated assault. you have the right to defend yourself using the same amount of force somebody is using against you. earlier indications no force. jordan might have been yelling or addressing people but not for you to start a physical

confrontation with him, let alone ones that leads you to placing him in a chokehold and choking him to death. >> thank you both so much for being with us this morning. up next, we will travel 1400 miles from here to chicago. a city far from the border, but, yet, still on the front lines of the humanitarian crisis. cities across our country is on the humanitarian crisis. we will talk to a law from the alcu that is now suing biden administration over this asylum policy. you're watching jose diaz-balart reports from el paso, texas. tex.

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20 past the hour. the humanitarian crisis is not just happening here in the border and border communities like el paso. it's also happening across the country. cities experience a record number of men, women, and children arriving. in new york, gopher kathy hochul declared a state of emergency to help cities respond there. new york city mayor eric adams suspended the shelterer for law and bussing migrants to the suburbs and sending buses towards the canadian border. in denver, the line of migrants at an intake center fills a parking garage. in chicago, mayor lori lightfoot has issued a emergency

declaration saying 200 migrants have arrived for the past two weeks every day. a police station is now a respite center and shaq is there. what are you seeing? >> you're seeing a city struggling to keep up. city officials are admitting they are at a breaking point. chicago has received about 8,000 migrants and mostly from the state of texas since the end of last summer. they are saying -- city officials are saying it's a pace of currently about 100 to 200 migrants a day. the problem is shelters are full. they don't have the infrastructure to support many of these migrants so you're seeing scenes like the one you're looking at camera right now. make-shift shelters. that was one just constructed earlier this week. if people can't make it to the shelters you're seeing folks in the lobby of police stations. i was inside the police station behind me. we saw a couple of dozen people sitting and laying on the floor. only having a blanket and some food that was donated to them. i spoke to a couple that said

they had their first shower in five days this week at a nearby fieldhouse in one of the city's parks. a crunch of resources here. when you talk to people on the front line they say this is in the sustainable even though they want to provide that support. listen to one of my conversations. >> chicago being a sanctuary city has stood up and tried to do their best but we have a city that doesn't have a infrastructure to support people homeless or adequately so that makes it very, very hard. these are hard problems that don't take two minutes to solve. they are very complex problems. >> reporter: you mentioned that mayor lightfoot instituted a emergency declaration. that should move some funds but it takes time to build up those shelters. until that is done, you're going to to see scenes like the ones behind me. >> shaquille brewster, thank you for that report. a group of immigrant

advocacy organizations are fighting back. the a suit filed by the alcu. joining us with more is katrina island, a managing attorney at the alcu. thank you for being with us this morning. so what is this alcu lawsuit all about? >> well, we have brought a challenge to the new asylum ban. because the new asylum bans under trump is illegal. it violates our asylum laws and it puts vulnerable people in harm's way. this rule has nothing to do with whether somebody meets the requirements for asylum, whether they have a strong or urgent claim for protection. it bars them for reasons that have nothing to do with that. >> so, katrina, what is different from title 8 before, title 42 was instituted, what is different today from what

american immigration policy as -- well, obscure as it has been -- what is different about this one? >> that's a great question. normally, under title 8 processing, someone comes to the border to port of entry or enter between ports of entry and request asylum. they are given what is called a credible fear interview where their claims are assessed for their likelihood of later being able to gain asylum. and that is the way the process has worked for decades. but what the biden administration is doing here is saying, if you enter between a port of entry or if you don't get an appointment in advance, one of a limited number of appointments in advance to come to the official border crossing, you'll be barred from asylum. what that does, it puts asylum seekers in an impossible situation because they are in dangerous conditions in northern mexico where many of them have been extorted, raped, kidnapped,

and they are desperate to find safety. but if they don't wait and try to get one of these appointments through this very buggy phone app that a lot of people don't have access to, they will be barred from asylum. and if they do seek to go in to seek safety and they are barred from asylum, they face being immediately removed back to their home countries where they face the same kind of dangers that they fled. >> katrina, one thing that i have -- i never generallyize over individual things that i've witnessed -- but i can tell you that 100% of the people that i have spoken with over the years, 100% tell me that as bad as leaving their country was, as bad as going through the jungles was, worse is what they experienced in mexico. going through mexico is living

hell for people who witnessed the unimaginable in that jungle. the presumption there is safety there and they could there do a bureaucratic process seems unthinkable. the other issue is what should the united states be doing about this? >> that's a great question. and you're exactly right. the reports that we have heard from human rights advocates and ngo along the border throughout the title 42 policy is people in grave danger. reports there were 13,000 of extreme violence and extortion against asylum seekers in the border region so you're exactly right, this is not a safe situation for people to be and for people to wait indefinitely to try to get an appointment. even more so, you know, impossible for them to try to

seek asylum in a country where they don't feel safe. so, you know, the rules underlying premises that people have other options that they don't have to come to the united states to seek asylum or they can wait for these appointments, those are just false assumptions. what the administration could be and should be doing is making sure to use their resources in an intelligent way, surge resources to be able to process people humanely to welcome people humanely under the way our asylum laws are supposed to work. you know? congress put this system in place. the credible fear interview to serve as a function to make sure that individuals who have possibly, you know, strong claims to asylum are able to get into the country and get their day in court. >> the biden administration, of course, insisting that is exactly what they are doing and

in this new phase. katrina island, thank you for being with us and very much appreciate your time. >> thank you. >> text, we will ask texas congressman henry cuellar about the bipartisan bill he is working on. r about the bipartisan bill he is working on want luxury hair repair that doesn't cost $50? pantene's pro-vitamin formula repairs hair. as well as the leading luxury bonding treatment. for softness and resilience, without the price tag. if you know... you know it's pantene.

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32 past the hour. the humanitarian crisis unraveling throughout our country is really reverb inebriating through washington as well. on thursday, house republicans -- they had a bill that would mandate more staffing for customs and border protection, along with new border wall construction and a lot of things president biden said he would veto if that measure is passes. on the democratic side, politico reports that sherrod brown is signing to the bipartisan

proposal that has not been written yet. ali, good morning. with the border crisis and now is there any more momentum to come together and do things about it? or is it more division law of the land? >> there more momentum to talk about doing something in a bipartisan nature but the numbers just still don't pan out here in congress. of course, yesterday, we saw republicans be able to pass their signature border bill and something was a top priority for them as soon as they took the majority. they did that largely along party lines and even if it's something that president biden says he is going to veto, which he would, it's not even going to get that far because of the realities in the senate. i think what is interesting when you look over to the other side of the building, though, is the push -- title 42 and the ability is it turn those migrants back

around to the border is something you'll you're seeing bipartisanship support for. on the house side i think this has to go further that too. the two chambers seem to be talking past each other. if it's bipartisan on one ide of the building doesn't mean it is bipartisanship on the other side of the building. mayorkas was live on "morning joe" this morning. he told that they need to fix the border -- we don't have the sound bite but congress is behind the disaster at the border. with us now from laredo, texas, to talk more about this is henry cuellar who sits on that committee. what are you seeing on the ground in laredo this morning? >> first of all, it's always a

pleasure to talk to you, jose. whether you're in brownsville or el paso, laredo ask the second lowest crossing but we get the overflow and buses coming in from the valley to help. i heard what you said a few minutes ago where they are blaming congress. and, yes, can we do better? yes. all of us can. i would say the last two years, since the trump administration, we have added 2.4 billion dollars to cvp. that is over 15% increase over the last two years. so we have added monies. but, unfortunately, it's not only the money but you got to have the right policies in place. look. early this morning i got to laredo and people were already texting when is enough enough? and when you see the images we are seeing right now on your show right now, i would say

this, that people are getting very frustrated. being at the border is very different than being 1,500 miles away and say let everybody in, let everybody in. the law is very specific. persecution by the state. a lot of people that we are seeing right now, they are trying to find a job and get away from crime and looking for the american dream. all of that doesn't qualify for asylum under the current law that we have. >> being all that, assuming that all of that is, indeed, the law of the land, here is the question, congressman. there are hundreds of thousands of people who have taken the decision to leave their homeland and to do whatever it takes to try and reach the united states, to request asylum. that is the reality that we are seeing. what, congressman, could be or should be being done to deal with that reality? >> well, the reality is that

some of the numbers i've seen in the area where you're at right now, we estimate nearly 60,000 people that we know of that are in that particular part of the state. down here in the valley there are 40,000 people that we know of coming in. so there is over 150,000 people on the northern mexico state, plus, whatever are in the pipeline. the bottom line is if we don't enforce the law by having repercussions, the impression is you come in, you hit a low speed bump, border patrol will hold you for 72 hours or so, then you're released in the united states and you wait two, four, five years or longer before they make a decision. at that time, several things are going to happen and that changes the status of that particular --

could change the status of that particular individual. again, there is a better way of doing it and you got to do it at the border and you got to be quick and agile and get it done. president obama didn't separate kids from their family but he enforced the law. >> henry cuellar, thank you for being with us. i appreciate your time this morning. >> a pleasure. the situation at the border could mean more violence and corruption from the drug cartels and the smugglers. up next, we will talk to a person who knows how the system works. we are talking about the tens of millions of dollars that are falling into the coffers of the cartels every single day. the cartels every single day whoa. okay. easy does it. we switched to liberty mutual and saved $652. they customize your car insurance, so you only pay for what you need. with the money we saved, we thought we'd try electric unicycles. whoa! careful, babe!

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involved in the exploitation of migrants? >> look. they are in control of that northern border of mexico. nothing goes in or out that they don't have their fingers into it. whether it's alien smuggling, whether it's drug smuggling, whether it's legitimate commercial cargo, they have their fingers in everybody's pockets. >> you know, president biden spoke over an hour with the president of mexico this week about security measures on tuesday. the president of mexico declared his policy by the cartels -- not bullets. what is the, i guess, strength of the cartels in mexico? >> well, in my opinion, i think they are getting stronger. considering the amount of money that they are making off all of their criminal enterprises, it

just makes them more effective, more capable of bribing, intimidating, and forcing their will on that community. >> jerry, you know, i was just talking to some of the folks here. there are three international bridges in the el paso bridges, as you know. more barbed wire fences put on the western part of el paso, migrants are being taken by these cartels more and more east and they are saying there is kind of a line between the two cartels that are more east and that these two organizations are going to have in some way or another have to deal with their territory. is there any possibility that cartels could be diminished in their control of this part of the country? >> look. our ability to impact these cartels, unfortunately, is limited at the border.

we can control and be effective on what we can do this side, whether it's the actual smuggling or whether it's following that money. because, at the end of the day, it's those profits, elicit profits that give these cartels the power and ability to sustain any attempts by any of the government, but i can tell you that the battles between the cartels historically have been there, the atrocities where these migrants have been caught in the middle have been going on for years and will continue to go on for years. it's just a damn shame that considering as as bad as we think it is right now, i don't think most people have any idea of just how bad it's been getting through that territory and what they have been exposed to. >> jerry robinette, thank you for being with us this morning. appreciate it. >> thank you. a quick look what else is making headlines morning. a federal judge in virginia is ruling that a federal law banning handgun sales to young adults between 18 and 21 is

unconstitutional. the judge argues many rights for citizens begin at 18 including the right to vote. the justice department is expected to appeal. food and drug administration says new guidelines will allow more gay and bisexual men to donate blood. the current rules fda allows donations from bisexual and gay men if they have not had sex with another man for three months. under the new guidelines they can donate as long as they have not engaged in sexual behaviors the last three months. we are learning who could be the new twitter ceo. cnbc reports that linda yaccarino is one. they say yaccarino is leaving nbc universal immediately. nbc universal is the parent company of nbc news. a young migrant is

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52 past the hour. migrants lined up as they await their chance to cross into the u.s. under the new rules. joining us is fernando garcia. thank you for being with us this morning. what is your message this morning? >> first, the sky did not fall. everybody was talking about an invasion, people running through the border. that was not true. we knew it was a distortion. people are waiting for some kind of solution, very dramatic and inhumane conditions. >> you go back and forth. what is the situation in suarez? >> it's a very violent place. not only for asylum seekers but for mexicans.

the idea that mexico has the capacity to protect asylum seekers and refugees is strong is mistaken. mexico can't protect its own citizens much less asylum seekers. >> what help do you need? are you getting the assistance you need to continue doing your work of service? >> no, no. the resources we had at the border are limited. we don't have enough capacity and infrastructure. we need major investment by the federal government. welcome infrastructure, welcome center. >> title 8 was the law of the land before president trump. it was the law of the land before biden. what do you say to those who say, this is just reinstituting the law of the land? >> it is true. title 8, they arrest and deportation of migrants with penalties. they come back again, they will be sent to jail. we did not have asylum ban.

people cannot come to the united states and apply for asylum if they didn't do it through the application or through mexico first. also, we have the -- people are told to wait for an apointment in mexico. we didn't have that harsh approach, rhetoric against asylum seekers. >> are you encouraged or discouraged about the future? >> you know, things don't look good. in the immediate term, things don't look good. we will have a deepening of our humanitarian crisis at the border. >> a pleasure to see you. thank you very much for being with us. we have seen acts of kindness everywhere we have gone here. yesterday, we met with a father of the sacred heart parish behind me. he showed us the shelter that the parish runs that helps newly arrived migrants. there we spoke with javier who got to el paso on monday.

you know what he is doing? he is volunteering at that shelter that welcomed him, because he wants to pay it forward. you are volunteering to help others. i can help because many have helped us along the way. what are your dreams? truth be told, my dream is to help my mother that i have her sick that has heart -- she has a sift on her breast and to help my children. in venezuela. what are your dreams? my dreams are that, just that, that i can help my family. do you think here you can do it? i'm sure. if they give me the opportunity, i will. i am sure of that.

thank this refuge to opening its doors to us and receive me and all the people that are here. they opened the door to this family that just arrived from venezuela. they spent the night here. took a month and a half to get here. say hello to nestor and his wife and the children. it took you a month and a half. why come? because the quality to give a better life for the children because in venezuela, there's no education, there's no studies, there's no medicine, there's no hospitals, there's nothing. $40 a month.

what are your dreams for your children? my dream is that my children and their future be well prepared. my daughter wants to study law -- different languages. she wants to learn english. you know some english? >> thank you. >> hello. those are your dreams. what are your dreams for your children? >> a professionally in a career, professional that don't have the same needs we have. people ask, what were you able to do, even put your children at

risk of death to come here for a better life. we want a better life for them. we can't buy them anything, clothes, toys, anything. we don't have a home. we don't have -- your dreams, what are your dreams? what do you want to achieve? i want to buy a house for my children and have a stable job. the basics, a stable economy so my children can live. where are you going to go forward now? we want to go to chicago. why chicago? because there there is some friends that we have there that are working. they don't give them problems to work. it's easier to work there.

it's better. chicago is better for us so we can study, the children can study. you going to speak english? say thank you. >> thank you. thank you. >> hello. >> hello. >> thank you for being with us. that wraps up the hour for me. i will see you tomorrow night on "nbc nightly news" saturday. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," the end of title 42, creating a chaotic new normal at the southern border, as tens of thousands of migrants believe they now have a free pass to enter the u.s. >> why do we have this chaos and confusion at the border?