she had very simple advice to me, in later years television broadcasts. take a moment and take a deep breath. that's good advice. truth is no matter what we are doing, our mothers are always with us so to all of you and to the mothers on my great team of producers, which there are many, have a great mother's day weekend, and that does it for us for this edition of "andrea mitchell reports." remember to follow the show online, on facebook, and on twitter @mitchellreports and make sure to watch inside with jen psaki this sunday on mother's day and she's a mother of two at noon eastern among her guests republican governor chris sununu. "chris jansing reports" starts right now. good day, i'm chris jansing live at msnbc headquarters in new york city. hope and desperation in the faces of migrants crowded at the border, thousands who risk their

lives to chase the american dream facing a new level of uncertainty today. even with title 42 gone, the government insists the border is not open as u.s. officials try to care for the thousands already here and brace for thousands more. plus, an ex-marine surrenders facing manslaughter charges accused of putting a fellow subway rider in a fatal chokehold. how daniel penny is defending himself about how he felt, quote, entitled to take jordan's life. and fresh off beating former president donald trump in court, e. jean carroll may be ready for another round after trump once again mocked her and called her a whack job during that televised town hall wednesday night, carroll says she's considering hauling trump back into court all over again. so a lot to get to, but right now roughly 13 hours after title 42 expired, dire predictions about a mad rush of thousands of migrants pouring over the border

simply haven't come true. now, while officials acknowledge that the situation could still escalate, reports from the border today are of relative calm. what hasn't changed is the intense desperation among people trying to make it into this country. if a single image can symbolize that, it may be this one. a father carrying a baby in a as he wades across a river to take his chances at the border. in fact, even without any surge in numbers, the steady flow of more than 10,000 people coming across every day has put a massive strain on officials and communities at the border, one that's getting worse by the hour. even before last night, five of the nine border patrol sectors across the southwest were over capacity. and late thursday, a florida judge blocked the administration's plan to release some migrants without court dates. a decision the border control says will make overcrowding worse making for dangerous conditions for officials and migrants. alejandro mayorkas responded to

that decision on "morning joe." >> very harmful ruling, attacking a practice that prior administrations have used, it's not new. but let me share with you what happens. first of all, the majority of individuals will be removed. when a border patrol facility is overcrowded, we screen and vet the individuals in our custody, and then we release them for them to go into immigration enforcement proceedings. >> the department of justice is considering its options. >> msnbc anchor josé diaz-balart is in el paso, texas, chris owe mara is president and ceo of the lutheran immigration and refugee service also having served as policy director for michelle obama. brendan buck served as aide to paul ryan and john boehner and he is an msnbc political analyst. jose, what are you seeing in el paso, right now?

>> reporter: chris, i'm seeing pretty much the same picture that i saw yesterday and the day before, a similar picture to what we saw when we were here in december, a pretty similar picture to what we saw when we were here in september. it's all about optics in many cases, but what is the reality is that you still have men, women, and children who have left their countries and spent months, sometimes years to get to the united states with a dream of being able to ask for asylum. that is not different. now, optics, i'm right in front of the sacred heart church here, and here is a shelter that they hold. people have been coming in. they've been using the portal in the morning set up by the city of el paso. i spoke to a family that just recently arrived from venezuela, took them a month and a half to get here. the quintero family, and they as

a matter of fact, spent the night here at this shelter. what they care about and what they think about is the dream of having a new life for their children in the united states. here's part of our conversation. >> right now we just fulfilled one of our dreams to come to the united states, and to enter the united states, and we're trying to get to chicago to work and to establish our lives there. we want our children to start studying there, to prepare themselves so to buy a little house. we don't have a house in venezuela. we don't have anything. the little that we had we sold so we could try to come to the united states. >> reporter: now, there are changes that the administration is carrying out after the 11:59 cutoff of title 42 last night, but that is going to affect the people that are just across the border here and throughout

border areas in our country that are waiting for the opportunity to cross and ask for asylum. >> so i'm wondering, jose, if the people you're talking to are concerned that this might be the relative calm before the storm. >> yeah, i mean, look, 10,000 apprehended last night, 11,000 the night before, 11,000 the night before last. that doesn't include people who crossed in places like sunland park, a couple of miles from here where one of our producers was telling me he was there for about 45 minutes every morning this week, and every morning he's been seeing people cross over. those are the people who don't hand themselves in to immigration authorities but just want to come through and not go through the process. i don't know if there's a surprise or not, but there's a lot of effort going on to make sure that it doesn't look like there is, you know, massive spike. i was just speaking this morning

on msnbc, our 11:00, 8:00 a.m. pacific, to a gentleman who spent time in juarez. he was serving the migrant community, and he was saying there is no spike. there is no invasion. what there is is a lot of people who have their dreams of coming to the united states and are seeing when and how they can take the opportunity to come here and ask for asylum, something that is clearly very difficult starting at midnight last night. >> difficult, i think, doesn't begin to describe it when you have your baby in a suitcase, and you know, you're wading through the waters. that just shows how desperate they are for a better life. what are you going to be watching for in the coming days and weeks? >> it's a great question. i had a baby just five weeks ago, and so seeing those images is heart wrenching and i think it just reflects the desperation of the parents and what they're facing.

one grave concern from the florida ruling is how that is going to affect severe overcrowding in terms of what we see at our border facilities. when we see spikes in the arooils and the name of the game is processing efficiency, if you don't allow for the release of migrants who have a legal right to seek asylum, what you are going to see is overcrowding in jail-like settings. during the trump administration we also saw deaths as a result of those conditions. seven children died in custody or after being detained by federal immigration agencies, and we're going to want to see what happens with the cbp1 app. a lot of the clients trying to follow the biden administration's instructions have been using that app, but there's only a thousand appointments. when we are seeing 10,000, 11,000 migrants coming to our border each day. >> what do you do about that in the short-term, understanding that it's a numbers game and that numbers game does not favor the administration, does not favor all those folks, the ngos, the churches out there who are

trying to provide at least a weigh station for some of these folks. what do you do in the short-term? >> so i think part of it is on the administration. obviously you heard from secretary mayorkas in terms of what the administration, the white house has done to step up. just bear in mind that we have a crisis in the making. yesterday border patrol had nearly 25,000 migrants in its custody. that's roughly triple its 8,500 person holding capacity, so this is where the administration really needs to rev up the capacity it's building in. what you're also seeing are states taking matters into their own hands. you know, just this week, we saw florida governor desantis pass the most restrictive immigration law in the nation, one which would essentially allow for an additional $12 million for the type of transport we saw with the political stunt in martha's vineyard and so this is going to

become a situation where governors, mayors are going to cry out as we saw mayor eric adams himself do and change policies in new york. we need the white house to coordinate a better response. we of course need congress to step up. there shouldn't be as many migrants coming to the southern border and time and time again, i think it's important to understand. this has essentially become the only way people can come into the country because so many of the other pathways were shut down during the trump administration. the biden administration to their credit has created new pathways like humanitarian parole. they've committed to increasing the number of refugees from our hemisphere. we are facing the greatest migration crisis globally, and the u.s. has to do its part and that requires the white house and congress to act. >> this of course is the humanitarian part of this, the political part of this, brendan you've lived through year after year, decade after decade, speaker after speaker, same challenges. no action.

so is this in some ways for the biden administration only potentially a losing situation? because if it goes well, if there are no pictures coming off the border that seem overwhelming, desperate, horrible, then it just becomes part of the narrative that people have heard for such a long time, only if things go wrong then the administration gets blamed, or is there enough blame to go around in the politics of this? >> yeah, certainly i think there's mostly just downside here, and look, i think to the administration's credit, they seem to understand the magnitude of this political challenge. and i think that's notable because i've always thought that democrats seem to have a bit of a blind spot on immigration politics. they seem to dismiss anybody concerned about the border as trumpian or, you know, hateful in some way, but the reality is most of the country, including independents want to have some

level of security along the border. democrats have also been sort of hemmed in by their own politics on the left. barack obama to his credit tried to get really tough on the border. certainly on removing people from the country, and all he got in return was grief from the left. especially for democrats, it seems to be a bit of a no-win situation. you know republicans are going to be primed up to go after this, and this is not just a border situation, as jose's interview showed. all across the country, you know, that family is trying to get to chicago. this is not just a border state issue. people all over the country are concerned about this kind of thing. now, secretary mayorkas says he has a plan. we'll see if that is executed. you're right, if this ends up just being a blip and we don't see any real spike, ultimately not having a crisis can be a win. we won't really be able to celebrate it. there will be significant political value to this not being in the news every day.

if it is in the news every day, it's not just republicans who are going to get fired up. it's a lot of people joe biden needs in the middle to get reelected next year. >> thank you both, brendan buck, you are going to be with us for a little bit. thank you. next, after more than a week of demonstrations in new york city, the man who killed brendan neely on a subway platform surrenders to police, details when we're back in 60 seconds. s. , an architecture firm... and homemade barbeque sauce. they're called 'small businesses.' but to the people who build them there's nothing 'small' about them. that's why at t-mobile for business... you'll save more than $1,000 versus verizon. and with price lock guarantee, we'll never raise your rate plan. so you can keep your focus on toe-turns and making sure the sauce is extra spicy. at t-mobile, there are no small businesses. ♪♪ ♪ ♪ [ cat purrs ] at t-mobile, there are no small businesses. [ phone vibrates ] introducing astepro allergy.

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should have been helped, not killed. >> no one on that train asked jordan what's wrong? how can i help you? he was choked to death instead. so for everybody saying i've been on the train and i've been afraid before and i can't tell you what i would have done in that situation, i'm going to tell you, ask how you can help. please. >> in a statement, penny's lawyer says his client risked his own life and safety for the good of his fellow passengers. the unfortunate result was the unintended and unforeseen death of mr. neely. nbc's rehema ellis is following this for us. i'm also joined by paul butler, a former federal prosecutor, georgetown school of law professor and an msnbc legal analyst. so rehema, what more can you tell us about what happened in court today? >> reporter: chris, i can tell you that when daniel penny entered the courtroom, he was wearing handcuffs.

at that point, we learned more about this young man, he's mentioned that the bail was set at $100,000. we were told that his parents would guarantee that money. he was also told to surrender his passport and that he must stay in new york unless he got approval from authorities to go somewhere else. we learned even more about this 24-year-old that he enlisted in the marines and served for four years, and he was promoted to sergeant during that time, and at the end of his tour, he was given an honorable discharge. his attorney told the court that he is a full-time college student seeking a bachelor's degree in architecture. he says he lives in new york city. his father and his mother both live in new york city, and his attorney said while he surrendered his passport, he said his client has every intention of responding to this charge of second degree manslaughter against him that he will face those charges and that he is not a flight risk. he says he will return to the

court for his next court appearance on july 17th. chris. >> paul, the d.a. made a couple of key decisions before this. he decided not to take the case to a grand jury. he also charged manslaughter not as some family members have said publicly, murder, which they would have preferred. what do you make of those decisions, why do you think they were made? >> manslaughter 2 in new york is recklessly causing a death. prosecutors don't have to prove premeditation or intent to kill, which they would have to prove for murder charges, here the only reproof that's required is that penny knew that he was putting mr. neely's life in danger when he choked him for at least three minutes, and mr. penny claims he was just trying to protect everybody on the subway. chris, so far we haven't seen evidence that mr. neely was physically threatening anyone, even if penny was anxious or scared by what mr. neely was saying, he wasn't legally

entitled to restrain mr. neely and certainly not to use deadly force. >> so that may explain, but i'll ask you to elaborate on that, why in that statement the family lawyer said the death was unintended and unforeseen? >> yeah, so, again, what they're saying is that mr. neely never -- mr. penny never intended to cause harm and that mr. penny could not have foreseen this death, but on the video you can hear a passenger actually warn mr. penny about putting mr. neely in a chokehold. the passenger literally warns mr. penny that he could be charged with murder. >> activists obviously see it differently than the defense. let me play a little bit of that. this is one of the folks who has been out protesting. >> a white person just can't walk up to a black person for screaming, not making any aggressive movements but just screaming and kill them.

what kind of message does that send to the country? >> one of the points that at the press conference today the family made, the family lawyer made was he didn't hit anyone. he didn't touch anyone. he was yelling he was hungry. will the heart of this case essentially be whether there was a real threat or whether neely posed a real danger? >> absolutely, and a lot of people have concerns about new york subways, and there's also the concern that the attorney alluded to, which is that a lot of people have anxiety about black men, so this case is far from a slam dunk. prosecutors are going to have to persuade 12 new york jurors and some might share mr. penny's anxiety about danger on the subways. >> we lost paul butler, but thank you so much paul, and rehema ellis at the courthouse for us, thank you both so much.

next, as we inch closer to debt ceiling disaster, a key meeting today gets canceled. the signals that move is sending. we'll explain. plus, with a major humanitarian threat looming at the border, i'll ask the mayor of mcallen, texas, how his city is dealing with the end of title 42. you're watching "chris jansing reports" only on msnbc. reports" only on msnbc

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and balance the hormones that make weight loss easy. release works with your body, not against it, so you can put dieting behind you and go live your life. head to golo.com now to join the over 2 million people who have found the right way to lose weight and get healthier with golo. today a new report from the nonpartisan congressional budget office says if the debt ceiling

is not addressed, quote, there is a significant risk that at some point in the first few weeks of june the government will no longer be able to pay all of its obligations, but concerns over the chances of a deal to stave off default have escalated in some corners after today's planned meeting between president biden and congressional leaders was called off. instead, staff members will continue meeting to try to nail down the contours of a deal while the president and speaker mccarthy each blame each other. >> the extreme maga republicans have taken control of the house of representatives, and they're holding our economy hostage by threatening to default on our national debt, a debt we've already incurred over 200 years unless we give in to their threats and demands. >> i have not seen from there a seriousness of the white house that they want a deal. it seems like they want a default more than they want a deal. >> nbc's garrett haake is on capitol hill, brendan buck is former aide to republican

speakers john boehner and paul ryan and an msnbc political analyst. okay, garrett, there have been conflicting reports that i've read about, first of all, what caused the meeting to be postponed and whether this represents a positive or a negative development in the talks. what are you hearing? >> i don't know that i could put it on a binary between skpoz negative. i can tell you it just shows where we are on the time line of getting a deal done. the principle reason you can't get everybody back in a room today is that one of the participants, we believe mitch mcconnell is not able to be here today, there's a funeral that he's attending back home. he was not going to be able to be around. the bigger problem is that you just don't have enough of a deal in place to even have the principals in a position to shake hands on it. the biggest secret in washington is that most of everything that people think their elected officials are doing up here is actually done by staff. it will be staff who hammer out most of the details of this deal. then a meeting with all the principals is important to kind of lock it in and have everyone,

you know, lock arms together and say we're going to jump on this and everybody's going to take some heat for it, so be ready, and they're just not at that point yet. it's clear right now. the problem is the clock does keep ticking regardless of who's in the room towards whatever this date might be in june. >> so far the market aren't showing signs of a freakout, which could be an indication that wall street isn't worried that a default is near or they're not worried yet. what do you make of the postponement of the white house meeting? you've been through this before. >> yeah, i actually take it as a really good sign. the fact that staff is able to be -- as garrett said, staff members are empowered by their bosses, given lines to stay within and they go and try to hash it out. that's a good sign that they're still going at it. what i guarantee you is that this is still going to blow up

maybe once, twice, maybe three times. we've got about three weeks until this is over. whether or not they're able to come to an agreement or not is theater. there's always theater around this thing. there's going to be some blowups, more posturing, this is not going to get results until the very last moment. if you resolve it a week earlier, your party's going to say you didn't fight hard enough. we are in for a few more weeks. i think wall street is numb to the fact we've had these arguments so many times, and we always seem to kind of figure it out at the end. i think we probably will figure it out at the end. i'm not -- i can't say with a lot of certainty that we will. we may still see a lot of drama. we may still see a wall street freakout. all of those things i think will -- may not be bad signs. they may be necessary ingredients to get an ultimate deal. >> in the meantime, as you know, brendan, donald trump under played or, you know, kind of brushed off the impact of default in his wednesday town hall, and the ceo of jpmorgan chase told bloomberg the debt

ceiling was, quote, one more thing donald trump doesn't know very much about, but what are the chances that trump could influence this process by making his supporters, including those maybe seated at the table in these meetings less concerned about a default? >> yeah, i think there's two different things, getting a deal and being able to pass a deal. i think donald trump is going to make it extraordinarily difficult for the house to process whatever they come up with. he is going to say you didn't get a good enough deal. i can guarantee he's going to say it's not a good enough deal. a lot of people look to him and worry he'll beat them up for voting for it. there is a deal to be had. i think it will be relatively modest. i think it's in line with what kevin mccarthy has been pursuing all along, limited spending caps and a few other things added on. when he brings that back to the conference, it's a whole other -- it's going to be nowhere close to what they did in the house, and he's going to have to try and present that as a win and try to get a majority of his members to vote for it and at that point he's going to face some really tough questions about how willing he is to push

a vote on something that may result in significant blowback within his conference and people threatening his job. >> this is pretty high stakes russian roulette. there's confidence and then there's over confidence, right? i mean, we always assume in these situations, yes, it's all going to be terrible and they're going to fight, and then it's going to get done, but your level of certainty is pretty high that it's going to get done? >> i'm relatively certain that there is a deal to be had. >> there's always a deal to be had -- >> they'll be able to come together -- >> whether they vote on it is another thing. >> do i think there will be 218 votes in the house for whatever deal they come up with? yes. will the majority of those be democrats and that's a very difficult proposition for kevin mccarthy to bring that bill to the floor, if he can get it to the floor, that's the big thing. his ability to sell this as a win may determine if the bill gets voted on. if it's voted on, it will pass, it's just how much grief kevin

mccarthy is willing to take to put it on the floor. >> how much grief is he willing to take, garrett? >> reporter: well, we're going to find out. mccarthy understands the risks of default just as well as anyone, and he is sort of personally inclined to make sure as many people as possible like him at any given time. that's the kind of way he likes to lead. but he understands how this works, and the coalition that he's going to have to put together as brendan is saying here is going to be very interesting to watch because he will probably have maybe just a hair over 50% of republicans, depending on what the deal looks like. he's going to need democratic votes. it's going to be an impressive bit of politics to put together a coalition to actually pass this deal through both chambers whenever there is a deal to vote on. >> garrett haake, brendan buck, thank you both so much. the long awaited return of senator dianne feinstein to capitol hill had an immediate impact. she brought with her the tie breaking vote for three of president biden's stalled judicial nominees. feinstein also got a standing ovation from her colleagues on the senate judiciary committee on thursday after a nearly

three-month absence, but the sight of the frail 89-year-old being pushed into the committee room in a wheelchair raised concerns. there had already been calls for her to resign the seat she's held for more than 30 years, and congressman ro khanna suggested again that she should step down. up next, an already long list of legal troubles for donald trump could soon get longer. why e. jean carroll who just beat him in a civil case thinks she may have the goods to go back to court again. you're watching "chris jansing reports" only on msnbc. sing reports" only on msnbc with the . ♪ ♪ huh, huh, so did their dog roger. ♪ ♪ gain scent beads keep even the stinkiest stuff smelling fresh. (christina) with verizon business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. gain scent beads so, no matter what, i'm running this kitchen. (vo) make the switch. it's your business. it's your verizon.

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today e. jean carroll is not backing down after former president trump mocked her and called her a whack job during his televised town hall on wednesday. carroll is now threatening to sue trump for defamation again after he said her claim of sexual assault was fake and made up story. these comments came just a day after a new york jury found trump liable for both sexually abusing and defaming carroll, and awarded her $5 million in damages. the former president's lawyers filed a notice of appeal in that case yesterday. joining me now, "new york times" reporter lola fa due lieu and former federal prosecutor and msnbc legal analyst paul butler is back with us. lola, you actually interviewed carroll on thursday, and she told you about considering another defamation suit. tell us more about what she said. >> my colleagues ben wiser, kate

chris toe beck and i sat down with e. jean carroll and three of her lawyers yesterday, and we asked her what she made of donald trump's comments during the town hall. she described them as vile, foul, disgusting, and stupid, and roberta kaplan, her lead lawyer said that they were considering filing another defamation lawsuit. she said that everything was on the table and they had to give serious consideration to it. it's worth noting that donald trump's comments this week were similar in nature to the comments he made on truth social, his social media platform last year. in that post he called her case a complete con job and a hoax and a lie. e. jean carroll filed a lawsuit based on that post, and as you said earlier this week, a manhattan federal jury found mr. trump liable for those posts. so for that reason does seem

that there are grounds to file another defamation lawsuit based on this week's comments. >> paul, i'll ask you about grounds in a minute. first, if i can, lola, i wonder if she talked about why she would consider doing this or sort of what were her criteria. it can't have been easy over the last year and more when this suit was being brought. it can't have been easy for sure for her to go through what she went through on that stand for almost three days. why would she want to do this? >> she did not go into detail. it was her lawyer, roberta kaplan who said that they were considering filing another defamation lawsuit, but what i can tell you is that e. jean carroll said she was particularly concerned about young men hearing donald trump's comments on cnn this week. >> so that's really interesting. okay, so that is potentially part of the reason, paul, but let's talk about the legality of this. could carroll have another case

here? >> she sure could, so chris, she already has a pending case right now. it's a defamation lawsuit that has more complicated legal issues than the one that she just won on because in this pending case, it involves statements that trump made as president, so that wouldn't be an issue if ms. carroll files a new lawsuit based on trump's comments after the town hall, but if ms. carroll brings a new case, damages would probably be minimal because she's already been awarded compensation for similar comments by trump. >> if you were in her lawyer's shoes, would the fact that there was an appeal have any impact on whether you decided to bring another case? >> no, appeals are about whether there are any errors of law by the judge in the trial that we just -- that was just finished, so i suspect that ms. carroll and her lawyer are sending a

message to trump that he should quit insulting her or there could be consequences down the road, but what a compliment, chris, if i could be robbie kaplan, ms. carroll's lawyer, she's a legal legend, and you would think that trump would have already learned how formidable she is, but maybe it will take another lawsuit for him to understand that. >> i also want to ask you, paul, about some other comments trump made at the town hall. these were about classified documents taken to mar-a-lago, take a listen. >> just so you understand, i had every right to do it. i didn't make a secret of it. you know the boxes were stationed outside of the white house, people were taking pictures of the gsa of the various people. i took the documents, i'm allowed to. and by the way, they become automatically declassified when i took them. >> i took the documents, i'm allowed to. his lawyers, paul, told congress last month that the documents

got to mar-a-lago by accident. so what do you make by that seeming contradiction? >> it's a lesson in how to increase your exposure, how to increase your risk of going to prison. trump admitted that he was aware that he maintained possession of these classified documents, which as you noted contradicts what his lawyers said. and almost as damaging, he was uncertain about whether he'd shown the documents to anyone else, which if he had would be a crime. so chris, trump's presidential campaign is a nightmare for his defense attorneys because he will feel compelled politically to address these kinds of issues when any defense attorney would say don't talk. >> lola, paul butler, great to have you on the program as always. thank you. up next, we'll talk to the mayor of mcallen, texas, one of the border cities. and in the next hour, the

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. how do you prepare for a humanitarian crisis you know is coming but can't stop? that's the challenge for many communities along the southern border where the run up to the

expiration of title 42 has seen more than 10,000 migrants arriving every day, a pace that would shatter existing records. in mcallen, texas, the mayor says the city is already at capacity, but in recent hours, the head of catholic charities says there's been a, quote, substantial uptick in migrants arriving downtown. i want to bring in the mayor of mcallen. thank you for taking the time to talk to us. what more can you tell us about what you're seeing in your town in the hours since title 42 expired? >> well, actually, even before the expiration of 42 we did see an uptick. the numbers have been increasing, yet i think we were semiready. catholic charities, they can house approximately 1,500, and we have ramped up to about 2,000, which we know has to increase, so we have -- we're ramping up to be able to house at least 5,000 immigrants while they transition and go to their ultimate destination. it's a little challenging, but we've been dealing with for

close to a decade. and logistically -- >> what's your biggest concern for you? i know this isn't new for you. migrants are always coming to your city, but in this moment, what are you worried about? >> i'm worried about reaching over capacity, and the issue we have now is that a lot of the immigrants now do not have the financial resources to leave, to take a bus, to take an airplane where before it was pretty much automatic. logistics, we all do, catholic charities helps, but as far as the transportation outside of our area, that has usually been on their own. so the concern is if they can't move out, that can pose a problem. >> let me ask you a question about a different kind of financial resources, and that's your city budget. how much of a strain is this? do you have the money to do this? are you getting help from elsewhere? obviously catholic charities in many of the places around churches and so on have had a huge hand in helping. can you afford this? >> in the past it was a lot more

difficult. fortunately in the past few years we have received federal assistance. of course we still expend some of our municipal funds, not to the extent it has been done in the past. we have right now federal assistance, and that's the only way we can do it, and i always say if the federal government wants us to help them, they need to be able to assist us in order for us to be able to do it. >> if you could send a message to the mayor let's say of new york or philadelphia or chicago, these are cities that are seeing their own uptick in migrants arriving and have less experience than a town like mcallen, any advice for them or have you already been talking to other mayors? >> it's a little bit different because here in the border areas, we know they're not staying here. whether it be new york, chicago, dallas, houston, so for us it's a blow through. we're not going to have the problems that they have once they reach over there, and that's what we've been talking about, and that's why we've been

calling for some kind of -- for the legislature, for congress to take some action because we knew eventually this was going to happen. >> if i could ask you kind of a personal question because i know that this is something you've seen not just this year, but year after year after year, but there was a picture we showed at the beginning of a dad wading through the river with his baby in a suitcase trying to get to the other side. and i wonder if there are things that stay with you, that have stayed with you this year, that have stayed with you from the past that tell you why you and others work so hard to try to make this as humane as possible? >> i would definitely do that, the very end, our municipality does not take a position as to immigration, as to whether it's legal or not, we do what we do, and our position is public safety. i feel for these people, i know a lot of people in our community

do. it's a very difficult situation, but we have not lived through that, so we don't enjoy why -- in a sense we do, but how they put their lives or families at risk. it's a difficult situation, and you know, our hearts go out to them, but it's -- when you talk about immigration at the very end, we still need to make it legal. we still need to make sure that whatever happens is done properly. >> mcallen, texas, mayor javier villalobos, thank you so much, we do appreciate it. and good luck to you in the coming days. the university of idaho honoring the four students tragically killed in 2022. we'll tell you all about that on "chris jansing reports" only on msnbc. i get bladder leaks. it's just a new way of life for me. the always discreet pad is super comfortable. it feels like it's barely there. look at how much it holds, and it still stays thin! i've looked at myself in the mirror and i can't see it at all! that's the protection we deserve!

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thousands of degrees will be awarded at the university of idaho this week, but four students will be remembered posthumously, the victims who were killed in a stabbing attack off campus six months ago. here's nbc's steve patterson. >> 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 tinged with sorrow for the students who lost their lives. >> we're going to remember those four individuals and remember the legacy they left on and just kind of take that and move forward. >> reporter: the university is awarding posthumous degrees and certificates to kayla gone sal

sez, mattie mogen, ethan chapin and zanna kerr -- xana kernodle they hope the posthumous diploma will inspire other youth. >> they deserve to have that recognized and honored 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 unwavering support. the chapins created a unique scholarship program in his honor selling tulip bulbs called ethan smiles to raise money for others. >> ethan, he's a one of a kind. >> ethan's fraternity also raising more than $125,000 for scholarships, the other families establishing similar foundations. the murders on november 13th shocked the community and brought national attention to

this shared residence on king road. and this is what the house looks like now, the fence line around the property, the windows boarded up after it was given to the university with plans for it to be demolished. meanwhile, the case against accused killer bryan kohberger is moving closer to trial. a preliminary hearing is scheduled to start june 26th. kohberger was arrested on december 30th at his family home in pennsylvania. >> police department, search warrants come to the door. >> reporter: kohberger who has pleaded not guilty recently hiring a defense attorney certified to defend death penalty cases. the crime set to play out in court as students prepare to take their next big steps in life, a walk across the stage side by side with the memories of their fallen classmates, steve patterson, nbc news. >> we have a lot to cover in our second hour of "chris jansing reports", let's get right to it.

at this hour, a tale of two cities, what the end of the covid era title 42 policy looks like from san diego, california, just a few miles outside of tijuana, and in el paso, texas, where one middle school turned into a migrant shelter is already housing more than 100 people. a new update from that city's mayor. plus, at a breaking point, thousands of miles from those border cities, chicago, one of several american cities already under a state of emergency tied to the influx of migrants arriving from texas, and one community organizer says it's about to get even harder. all of that raising the stakes for the biden administration, how the federal government is responding to all of this right now as they face a new legal challenge over part of their strategy to relieve the backlog of cases just a handful of hours before the policy officially expired. our nbc news reporters are following all of the latest developments, and we begin at the border in san diego.