molly hunter, thank you. that's going do it for us today. i'll be off for the next week or so. you can catch our show online, around the clock, on youtube and other platforms. thanks so much for spending part of your morning with us. for now, i'm ana cabrera, reporting from new york. jose diaz-balart picks up our coverage right now. and good morning. it is 11:00 a.m. eastern. 8:00 a.m. pacific. i'm jose diaz-balart, right now, a federal appeals court is set to hear arguments over whether to keep a controversial texas immigration law on hold or allow the state to enforce it. just yesterday, the u.s. supreme court said the law could go into effect, but just a couple of hours later, the appeals court put it back on hold. the law known as sb-4 would allow state and local police to arrest anyone suspected of being in texas illegally and allow

state judges to deport them. the biden administration is fighting the law saying it conflicts with federal immigration law. with us now to talk more about this, nbc news homeland security correspondent julia ainsley and nbc news correspondent morgan chesky in eagle pass, texas. morgan, good morning. what are you hearing from folks on the ground about this law? >> reporter: jose, good morning. a lot of questions, and few answers right now relating to the status of sb-4. on my way to eagle pass, i had a chance to speak with some local law enforcement here. they would be the ones tasked with enforcing this law that would allow them the opportunity, wrong choice of words there, the power rather to arrest any migrants suspected of crossing illegally. good context here, a lot of these departments, particularly along the border, are already stretched incredibly thin when it comes to staffing. having one more responsibility on top of that, that up until recently has been a federal responsibility is something that frankly is causing a lot of questions and stress.

we'll hear what sheriff martinez says, he oversees law enforcement in valverde county up the road from where we are in eagle pass. take a listen. >> so right now we're not equipped to handle that, but, again, i will wait for direction from our state partners and visit with our legal before we move forward with any of that enforcement of senate bill 4. >> reporter: and that's what we're hearing, jose, are local law enforcement is looking for guidance that they are not receiving right now. of course, the law itself is easy enough to understand. the enforcement rather, though, much more complicated. if they took them into custody, those being the migrants, how long would they house them, would they need to house them for x amount of time. these are just some of the questions posed that will not be felt just by law enforcement here on the border, but all across the state of texas. heard from fort worth police outside of dallas yesterday,

jose, they put out a public statement assuring everyone their focus and responsibility remains in keeping their public safe. and that while they're aware of sb-4, they do believe that enforcing immigration is a federal responsibility. something that has drawn the ire of many texas lawmakers upon hearing that from fort worth police. jose? >> and, julia, what does this law say local and state police officers could or could not be allowed to do? >> well, it gives them broad authority, authority that would really change the way the pass for 150 years of immigration enforcement work where it usually falls to the feds. this would allow local and state police to arrest anyone they suspect of crossing the border illegally in a state that is 40% latino, that could lead to racial profiling. that's why you heard such outcry not only from the biden administration who said this could sow chaos and confusion, but groups who are worried about racial profiling and not being

able to give people due process. the judges in the state of texas have the authority to decide to deport someone and texas would deport them based on the judges' order. these aren't judges trained in asylum law, like those that the justice department hires to do federal cases. these judges could be magistrate judges, without any kind of training in terms of deciding who can stay and who can't. but practically, jose, it would run into a lot of issues. that brief window yesterday, where we thought this law might go into effect. mexico said they think this is a violation of human rights and they would refuse to take back anyone that texas deported. >> the appeals court is actually right now beginning the hearings over what should or should not happen to the law. what happens next, julia? >> hopefully we get a decision that is actually based on the merits here. the fact that we haven't had oral arguments to this point, even though this law has been kind of okayed for a brief window of time and taken back,

the fact that that was all done just on the issue of whether or not an emergency state should be granted, it is pretty mind boggling. hopefully now the 5th circuit can hear the arguments from the advocacy groups and the state of texas and the biden administration and milwaukee a make a decision on that. we can bet the opposing side that feels they didn't win in the decision will appeal to the supreme court and the supreme will have to weigh in on merits of the case. what we heard from them earlier this week was simply about that stay and typically even this conservative court has sided with the federal government to give them the authority over states when it comes to immigration law. we saw that just in june when they allowed biden's immigration priorities and enforcement to go through. >> and, morgan, julia was referring to it overnight mexico's foreign minister said mexico will not accept people deported by the state of texas. what would that mean on the ground if the law goes into effect? >> reporter: a great point by julia there.

with mexico saying they would not accept any deportations from the state of texas, in addition to those they already receive in conjunction with the u.s. federal government, that poses the question if any other countries would follow suit. we do know that in our prior trips here to the border, particularly eagle pass, majority of the migrants we have spoken to have come from venezuela, and it would be interesting to see if that country said anything. we do know at this point in time, however, that until there is clear guidance on how this law should be practiced in actuality, there is going to be a lot more questions coming and that'sy think all eyes are on the court of appeals in new orleans today. >> julia ainsley and morgan chesky, thank you very much for being with us this morning. with us to continue our coverage, texas congressman joaquin castro, san antonio area and sits on the foreign afirs

committee. thank you for your time. you issued a statement saying the supreme court opted to allow for a trial run of a constitutional crisis. what did you mean by that? >> well, when the supreme court issued that stay, knowing that the 5th circuit was playing procedural games and not ruling on the substance at all of the law, they essentially were setting up a constitutional crisis. now, that didn't happen because, again, the 5th circuit then issued a stay and said they were going to have a hearing this morning. this law, sb-4, was passed through the texas legislature and signed by greg abbott as a right wing reactionary piece of policy. and it is the state government trying to take over the function of immigration enforcement, which is unconstitutional, and which the state and law enforcement and judges and others in the state are completely unprepared for. and so, it would be an absolute

disaster that would violate civil rights, and in a state that is 40% latino, most of it mexican american, would lead to the kind of racial profiling that we saw in decades past with something called operation where decades ago there were hundreds of thousands if not millions of u.s. citizens who were of mexican descent that were deported to mexico even though they had every right to be in the united states. so, that's what's at stake here, jose. >> and, congressman, i take you back just over 14 years ago with sb 1070 in arizona. we remember joe arpaio, maricopa county sheriff, how he had outdoor prisons and 100 plus degree heat for people that were detained. that sb 1070, which has a lot of similarities with sb 4 was in many courts found unconstitutional. >> yeah, that's right. sb 1070 was found unconstitutional, and now that

there is a more right wing supreme court, you have people like greg abbott and the very conservative texas legislature who want to challenge the constitutionality of laws like sb 1070, they wouldn't to take another shot. i believe that ultimately they're going to fail, that this law will be found unconstitutional. mostly because it is completely unworkable. but, like i said, the supreme court and the 5th circuit now keep ping-ponging procedural decisions. >> and congressman, how does this end? you talk about a constitutional crisis, that this law is essentially bringing up, but there is a very real crisis and conflict with a state that believes that they have the right to either enforce or create immigration laws. how does this end? >> well, that's what makes it completely unworkable. you can't have 50 states that have 50 different immigration laws. and that's why you heard mexico

say we're not going to take folks that texas tries to deport because as a country, mexico can't be responding to 50 different individual states and what they're doing. the way that it ends, i believe, and i hope, is that this law is found unconstitutional, and the supreme court makes clear that the federal government has a responsibility and the authority over immigration enforcement in the united states of america. >> congressman joaquin castro, a pleasure to see you, thank you for your time. >> good to be with you. up next, on capitol hill, house republicans are holding another biden impeachment inquiry hearing. we'll tell you which former giuliani associate is on the democrats' witness list. as the senate considers banning tiktok what is happening behind closed doors right now that might influence their decision? and later, steve kornacki will be here to break down the senate matchup that is turning into one of the most closely watched races in november. we're back in 60 seconds. you're watching "jose diaz-balart reports." seconds

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11 past the hour. there is a race against the clock to avoid a partial government shutdown over the weekend, a tentative deal has been reached, but the legislative text has not been released yet and it is unclear lawmakers will have enough time to vote on it before the deadline friday at midnight. last hour, house speaker mike johnson gave an update on when we could finally see the text of the bill. >> we have been very consistent, very adamant that we had to get our government funded, we had to get the appropriations process done and i'm delighted to tell you we're coming to the end of that and should have the bill text hopefully by this afternoon. >> joining us now nbc's ali vitali. ali, so good morning. what is happening behind the scenes to avoid a shutdown? >> reporter: well, first and foremost, they're finishing writing that bill text. that's the important starting bell here. yes, it was critical that they get some kind of tentative deal,

especially regarding homeland security funding, but now comes the hard part where lawmakers actually have to read this bill. the reading period, and you'll hear a lot about this idea of a 72-hour rule, the fact that lawmakers will need 72 hours from the time the bill text is released to actually start reading through what is in it, there is talk now of that being waved, which makes this entire process of avoiding a shutdown by that friday midnight deadline a little bit easier, because, of course, it means that house leadership can bring the bill to the floor more quickly. people who would typically object to the shortening of that reading time are people like those members of the conservative house freedom caucus, but i think what is important to note here is that many of those lawmakers were going to be a no vote anyway. some sources have indicated to me why would you need 72 hours to read a bill that ultimately you're going to vote no on anyway? all of those are machinations behind the scenes.

he's talking about things like an increase in ice beds, increase in border agents, all of those critical for republicans who wanted to see action on the border, and may now get that action through the lens of this appropriations bill. >> and, ali, meanwhile, right now, lawmakers are getting a classified briefing on the potential foreign threat connected to tiktok? >> reporter: that's right, jose. i actually just left lawmakers as they were walking into a secure facility to receive a classified briefing on tiktok. this comes, of course, after the house passed a bill banning tiktok, citing national security and foreign concerns. the senate now similarly trying to take up that question, but what i asked several senators as they were walking into the room is, what is the level of urgency around this, and what is the timeline for the senate to take up either the house bill or something separate or slightly different? senator mike rounds, one of those folks being briefed now, told me there is an urgency and

a continued concern around the foreign -- the national security implications around tiktok. but it is not an outright emergency. we'll see, of course if the tone changes after they receive that classified briefing. but there are several other things on the senate's to do list. first and foremost, government funding, which is on a very tight schedule as we have talked about. >> ali vitali on capitol hill, thank you so very much. also happening right now, on capitol hill, lawmakers are questioning former associates of president biden's son hunter. part of the house republicans' impeachment inquiry into president biden. hunter biden was asked to appear at this hearing, but declined to testify. joining us now, nbc news justice and intelligence correspondent ken dilanian. what is this hearing all about? >> house republicans are trying to find some sort of spark for an impeachment investigation that just hasn't caught fire. they're bringing in tony babalinski, former hunter biden business partner who will say

the biden family was selling access and influence based on joe biden's public office and as he puts it, sold out to foreign actors who were seeking to gain influence and access to joe biden and the united states government. the problem, of course, is that the inquiry has not produced a shred of concrete evidence showing that joe biden did anything illegal. i've spoken with ethics experts about this, who say that joe biden should not have allowed his son to make money based on the family name. that's not a crime. and it is something that relatives of public officials in washington have been doing for generations. >> meanwhile, former rudy giuliani business associate lev parnas is testifying? >> that's right. lev parnas helped giuliani in his effort to gather derogatory information about the biden family in ukraine. he was prosecuted and jailed for campaign finance violations, and now he's come full circle. he says the allegations by house republicans are not only false, but they're a product of a russian disinformation campaign.

one democratic lawmaker plans to wear a vladimir putin mask during the hearing to underscore the democratic view that republicans are doing the bidding of the russians. again, worth pointing out there are legitimate questions about the ethics of how hunter biden made millions of dollars from ukrainian and chinese companies, but no evidence that joe biden did anything wrong, jose. >> ken dilanian, thank you so very much. up next, steve kornacki is back at the big board, with new polls coming in overnight from two critical battleground states. plus, new developments surrounding georgia's election interference case, what the judge just granted to trump and his team. you're watching "jose diaz-balart reports" on msnbc. his team you're watching "jose diaz-balart reports" on msnbc. c! (vo) trade-in any iphone in any condition and get a new iphone 15 pro and an ipad and apple watch se all on us. only on verizon.

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21 past the hour. this morning, we're breaking down last night's key primary races including a critical contest in the battle for control of the senate. in ohio, nbc news projects benny moreno, the candidate endorsed by former president trump, won the gop senate primary. now moreno will be facing incumbent democratic senator sherrod brown in the general election. nbc news national political correspondent steve kornacki is with us from the big board. what stood out to you about the results? >> what stood out to me is what you're looking at right here. moreno, you see, carrying every single county in ohio last night. i think a lot of folks suspected he would win here, but the

margin of 18 points and carrying every county here, dolan we expected, he had run a couple of years ago, lost to another candidate, jd vance in 2022, his base is in cuyahoga county, around cleveland, he had won, dolan did, franklin county, columbus, the suburbs, a lot of suburbs up here, these are three areas that dolan had won in the past and moreno actually ended up carrying them. dolan did well in these areas relatively speaking, but it was expected he would win some of these and make this closer state wide. i think more of a sweeping victory for moreno in this primary than was expected coming into it. >> how is it shaping up in the battleground states? >> there is a general expectation ohio will be a red state this november, which will make the task for sherrod brown,

democratic senator, difficult. he has to win over trump voters in that state. we have new polling out from some battleground states here, this is from marist. north carolina, brand-new poll, they have trump at 51, biden at 48. north carolina, we don't know exactly what it is going to look like in the general election. a red state in '16 and '20. this is the red state that democrats think they can put into play. they want to put it into play and if they ever could and ever could win it, that would be a net gain, a gain of electoral votes for biden and could offset losses elsewhere. north carolina is a significant state from that standpoint. of all the red states from 2020, this is the one democrats think they could put into play and this poll shows it at three points now in north carolina. the other state marist polled is georgia. we know georgia is going to be a swing state, maybe going to be the swing state of swing states in 2024. biden carrying it by just under 12,000 votes four years ago, now trump, 51. biden, 47. this is a marist poll out of

georgia. we have seen polls showing trump running a few points better than he did in 2020, when he narrowly lost the state. this is one, if trump has a path there to 270, this becomes a must win state for trump. >> steve kornacki, thank you so very much. joining us now with more on this is nbc news chief political analyst chuck todd. chuck, exit polling from last night's ohio primary shows it over seven in ten republican voters there is a it is important the next senator shows support for donald trump. what does this is a about the level of control trump has over the party? >> well, i mean, first of all, we're sort of in this era of partisanship and in particular in presidential years the senate races and usually goes the same way as the state. but, look, this is trump's

party. it has been trump's party. it is a divided party. he doesn't have 100% of the party. it is about a 65/35 split as we have seen throughout this process. and the question really is those 35%. in many ways, they are former republicans, like miss horn here. what do they do? 90% of them end up voting for trump. the question is that other slice of voters. how many of them vote for biden and how many of them don't vote? that literally could be the difference between biden winning and losing the presidency. >> yeah, and, jennifer, on an issue specifically that is obviously one of big concern for republicans as well as for democrats, on the issue of abortion, trump suggested tuesday he's open to a 15-week national born ban, but also said he sees it as a state issue. take a listen. >> 15 weeks seems to be a number that people are agreeing at. but i'll make that announcement

at the appropriate time. but the issue of abortion we brought it back to the states and everybody agrees that you heard this for years, all the legal scholars on both sides agree, it is a state issue. shouldn't be a federal issue. it is a state issue. >> nbc news has reported he's keeping a close eye on this issue as he considers his vp pick. of course there is some just standard definitions that he says, everybody agrees on it i'm not sure that's the case. but how has he, you think, been handling this issue? >> well, not only am i not sure that that's the case, i'm not sure that's the case in ohio. he's been handing this issue the same way he handles most issues. he says what he thinks the voters he needs want to hear in this moment. nobody on the right, nobody in the maga moment should assume donald trump saying, you know, today in march that he would support a 15-week ban means that as president that he would support it or take any particularly aggressive action

to get to that point. the fact that he's saying this and talking about it now is also an indication that he's pretty much given up on the idea of trying to win back any of those college-educated white suburban voters that have, you know, left the republican party and gone across the center point over to democrats. and it is also going to be challenging for him talking to moderate republicans, chuck just referred to that 10% of republicans, where do they go? and, you know, if biden wins 10% of republicans, i mean, it is game over. that's not going to happen. but it does, you know, the way that trump is talking about this issue certainly freeze up a couple of votes for president biden to target. >> chuck, i want to ask you what you just mentioned. you're out with a new piece that predicts there is two types of voters that will decide this election. who are they? >> well, look, it is the small

slice of voters who don't like either party and don't like either candidate. and they vote -- some people are like this all the time. i grew up in a family of them. you come up, are you a -- are you looking for somebody who is aspirational, are you voting in the best interests of the country, are you voting in the best interests of yourself. and, look there is plenty of reasons why people do both at many times in their lives. but in -- i sort of look at this and i talked to quite a few voters in this space, and it is interesting to me those that -- those that are leaning trump are not voting at all have come to the cynical conclusion that politics can't be aspirational. and that at the end of the day, it is money and power that matters the most, and it is the only thing that matters. and in some ways this voter is a voter that isn't a fan of trump, but has decided the system doesn't work anymore, so what does it matter? and i think that it is one of

those things that if trump does win a second term, i think we become uber transactional. and you've seen it in the tech community. why is the tech community suddenly flirting with trump, some of these tech business leaders? in the one thing they share in common is, hey, they want to be left alone, they don't want to be told what to do, that sort of thing. and i think they view trump as sort of a more malleable person to deal with, because they know just look at tiktok example. he's always open for business. you can always persuade him. if the price is right. and i think that it is a cynical way to look at things, but for the small slice of voter who especially if they're in that powerful tech community who can even push the process a little bit, i think it is a -- i think it is something that we should watch out for and, again, a trump second term i think sends us to a generation of that thinking, which we're not going to like the outcomes of that, i think. >> and, jennifer, that small

slice of voter that chuck is talking about could very well have in their hands the difference between president biden getting re-elected or former president trump back at the white house. >> what they could have in their hands is the future of democracy in america. and what it is going to look like and how, you know, what sort of a democracy are our children going to raise their children under? and that column, chuck also talks about the double haters. the people who don't like either one of them, who theoretically reject trump and biden and where do they go and what do they do in this election? and, you know, i was reading chuck's column and thinking that that is where the opening comes for a no labels type of candidate. this unity ticket, the idea of a credible independent ticket. and then what happens, where do they draw votes from amongst that small slice that chuck is talking about.

you know, there is nothing -- there is nothing certain about the way this is all going to unfold and i think that folks need to look really carefully at how their vote is going to impact not just the kind of the cynical transactional look that chuck wrote about, but -- and i want to say very quickly, i think we're living in a time where there is a rise in that cynicism and that transactional type of mindset. what we need is a rise in that aspirational approach to voting that so many -- that i embrace and that chuck and his family, you know, he talked about embracing as well. >> and, chuck, briefly, talking about the no labels, seems as though there is a chance, not a chance, but then rfk jr. and is that a possibility for people that you're referring to, that small slice? >> look, it is possible. i have another thesis, though, on this, and think about it in your own life. when you have to do something that you don't want to do, do

you do it quickly and early and before the deadline or do you wait until the very last minute to make a decision you don't want to have to make? and i am convinced in this election, this set of voters that we're talking about, i think they're going to be sitting in undecided for a very long time. to the very, very end. and if you're biden, you hope they sit there at the very, very end because that is your best shot at getting them. i think what kennedy ends up being is the none of the above candidate. once all of this argument is made, if you're still voting for kennedy in late october, you're truly a none of the above and you don't want to make a choice, right, you don't want to decide there, so, i'm starting to really believe that this slice of voters we're talking about, essentially the polls may be unchanged between now and october 30th. >> chuck todd, jennifer horn, thank you, both, so very much. up next, new york's attorney

general just responded to donald trump's claim that he cannot pay the nearly half a billion dollar bond in his new york civil fraud case. what she is suggesting the court should do. plus, we're keeping our eyes on a federal appeals court. it is a hearing that is going on right now, listening to arguments over texas' controversial new immigration law. we'll talk to one sheriff about what he's telling his officers about enforcing the law. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. it wasn't always this calm uc went everywhere i did. wondering when it would pop up next was stressful doing a number on my insides. but then i found out about velsipity a new once-daily pill, not a steroid or biologic, for adults with moderate to severe uc. velsipity can help calm the chaos of uc — it quickly treats flares providing a chance for lasting steroid-free remission. don't take velsipity if you've had a heart attack, chest pain, stroke or ministroke, heart failure in the last 6 months, irregular or abnormal heartbeat.

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38 past the hour. we're following breaking developments concerning former president trump's legal cases. in a new filing just this morning, new york attorney general letitia james says trump's request to appeal his civil fraud case should be rejected and if trump cannot pay the $464 million judgment he owes by monday's deadline, the court should hold his properties to be used as payment. her filing comes in response to trump's request to pause the payment until his appeal is complete. joining us now, nbc's garrett haake and david henderson, civil rights attorney and former prosecutor. garrett, what does this filing mean and what is trump's team planning to do if they can't post the bond by monday? >> i think you summed it up nicely. this filing from the attorney general's office is basically saying too bad, so sad, about your surge for bond. they don't think the search has

been serious, but if donald trump can't come up with the money through some other outfit who could provide that bond, that the court would be -- the ag would be willing to let the court basically hold some of his properties in escrow, hand over the keys to your buildings or your plane perhaps until that bond can be found. as for what the trump's team plan is, that's the subject of much reporting that is going on, even now, because their filing says they approached 30 different bond outfits to find somebody who can put the money up, they simply don't have it right now. and it is not clear they're going to be able to find it before the deadline on monday. >> so, david, if he can't find someone to put up that bond, and he owes $464 million by monday, how would that process work legally? >> jose, for anyone else, the legal process is you get told no and that's the end of it.

you have to put the money up yourself, because you now have a verdict against you to the tune of $464 million or you get someone else to guarantee that they will back you and be responsible for the money and that's essentially what we call a bond, very similar to thinking how someone posts bond to get out of jail, but the circumstances are obviously different. something interesting here is the question that you and i have discussed in the context of other cases, and that is people who go to court against former president trump and win, are they ever actually going to see a dime of the money they get? and it is interesting that 30 different companies suggest that the answer is no, because they're saying we're not willing to be responsible for the money that he's going to owe the court, if this appeal fails because we can't trust him to pay us back. >> so, david, so come monday, hey, he doesn't have the money, doesn't have the bond, doesn't have anything, what are the steps that the judge could or could not do? >> well, jose, for anyone else the answer would be you haven't met the requirements of the law and therefore you cannot appeal.

however, on any number of occasions we have seen former president trump be treated differently and in that respect that's going to be an ongoing theme with regard to all of his court cases, not only has he been losing colossally in court, but he's been forcing us to address critical issues with the way we administer justice in this country, because it is not always equitable. that's the most clear answer i can give you because it has been very difficult to predict what courts are going to do at any given point in time concerning the former president. >> yeah, and now, garrett, to another case, the fulton county case. judge mcafee just granted trump and his team their request to appeal his decision to keep fani willis on the case. what happens next here? >> well, a georgia court can now pick up this case and review it. trump's attorneys are optimistic this means a higher court in georgia will agree with judge mcafee about fani willis being able to stay on this case and they might find her removed at

some point, which would then require another d.a.'s office in georgia to pick up this case. and would lead to this case going away at least in terms of something that could conceivably happen before the election in november. remember, judge mcafee's decision which led to nathan wade stepping down, but fani willis staying on this case, was blistering in terms of describing willis' conduct, more so in the kind of cover-up post relationship phase of this process as opposed to the actual actions on which the court got started down this path. all of that now fair game for an appellate court in georgia to review. >> how would you explain this? what is your reaction to it? >> you know, honestly, garrett covered it pretty well. i do not think it is likely to be reversed by an appeals court. it didn't have enough to go through with the hearing in the first time. if this wasn't a former president, i don't think it would have happened. i think it is interesting, i've seen this happen one other time

and it only happens to female d.a.s when it does happen. but the real blow here is you got to put fani willis on the stand, ask her some very embarrassing questions about her romantic life and people are judging her harshly for it. the practical impact is that wade stepping down means that she now has to go find someone else who is willing to work on this case, and you heard information during the hearing that indicated nobody wanted to take this case because the pressure that is associated with it. so, i don't expect it to be reversed on appeal. however, a serious blow has already been dealt to the case, and the only caveat is that if fani willis finds a way forward, which she will, take a shot at the devil, you better not miss. >> garrett haake and david henderson, thank you so much. appreciate it. coming up, more on the battle over texas' controversial immigration law. we'll talk to the sheriff of bear county about what he'll tell his officers if this law goes into effect. plus, israeli prime minister benjamin netanyahu defying the warning, renewing a pledge to

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48 past the hour. now back to our top story, this hour, right now, a federal appeals court is hearing arguments over whether to allow texas to enforce a controversial new immigration law or keep it on hold. the law would allow state and local police to arrest anyone suspected of being in texas illegally and would allow state judges to deport them. the legal wrangling comes as law enforcement agencies across the state have been trying to figure out how to enforce the law. with us now, sheriff javier salacad of bexar county, texas. i appreciate your time. thank you for being with us. have you gotten any guidance on

how to enforce the law should it become law by state officials? >> no guidance at all, sir. what we're doing is like other law enforcement agencies, we have been re-examining our own policies in hopes of staying ahead of it. now with us, thankfully, we have got procedures in place. we already have got a policy should this law come to pass. yesterday, for a short time, it did come into effect before it got blocked again. so we were able to put our policy out, but now it is put on hold as the state of texas tries to get its act together. >> what are your concerns about can't speak for the whole state of texas, what i can tell you is that the realities in my county are this law doesn't really affect us much. that population, the undocumented population does exist here, but here in bear county, they are more likely to become victims than perpetrators of a crime. for us, we don't want to run the risk of these people that have

been victims now being more afraid of me than they are the people that are making them victims of a crime. for us, it puts a fear into them that they should not have. another thing that it has for us is that here it's really -- the way the law is written, it's written more that the deputy or officers in this instance has to physically observe the person crossing the border in order for this law to come into affect. that's hard for us since we are so far inland. it may give officers or deputies in my case the -- it may make them think they have more authority than what they actually do, which brings with it its fair share of liabilities that we have to let our first responders know about. >> what specifically are you telling your officers about how to enforce this if, indeed, it comes into play? >> first off, we are reminding them a misdemeanor charge. we don't want to spend a lot of time going after something

that's a misdemeanor. obviously, our number one priority is violent crime. that's what we are seeing an issue with on our streets. again, most of the violent crimes being perpetrated by u.s. citizens, not the undocumented community. we are concentrating on violent crime. with that being said, we are letting our deputies know that this new law is also filled with pitfalls. there's still a thing called racial profiling that is illegal. the federal crime -- or the federal statutes somewhat limit our ability as local law enforcement to ensure strictly immigration laws. we are letting people know that this law is not as simple as it may be made to be by those that really want to see it pass. >> sheriff, is there something you would like to tell the federal government, president biden and others in washington, d.c. about the reality that you, in your community, face every single day?

>> absolutely. look, i've been writing letters to the president for the past several years now. i've been quite vocal with respect to that. not in a necessarily critical way. but just letting him know we want them to come to texas and get an eye on things. a few weeks ago i was pleased to see that president biden and secretary mayorkas came down and were on the border. i was invited but didn't get to make it because we were in the middle of an election. i just want them to keep an eye on the situation here in texas as they have done to this point. do more on the part of the federal government. the legislation that was shot down because of political pandering was a good start. i would like the president to continue to stay on that. he has my full support. i voiced my full support of that legislation. i would like to see something come out that obviously creates some real solutions, which is

what sb4 does not do. it's short on real solutions. >> sheriff, thank you very much for being with us this morning. appreciate it. up next, we will go live to israel for an update on how close israeli forces are to a full-scale ground invasion in rafah. you are watching "jose diaz-balart reports" on msnbc. like dynamic charting and risk-reward analysis, help make trading feel effortless. and its customizable scans with social sentiment help you find and unlock opportunities in the market. e*trade from morgan stanley. with powerful, easy-to-use tools, power e*trade makes complex trading easier. react to fast-moving markets with dynamic charting and a futures ladder that lets you place, flatten, or reverse orders so you won't miss an opportunity. e*trade from morgan stanley. it's hard to explain what this feels like. ♪♪ moving piles of earth. towing up to 4,000 lbs. cutting millions of blades of grass.

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as part of the team that created our ai highlights technology, which uses ai to detect the major plays in a sports game. giving millions of fans, like my dad and me, new ways of catching up on their favorite sport. 56 past the hour. there are new developments in the israel/hamas war. we are learning this morning the u.s. secretary of state antony blinken is expected to travel to israel on friday, despite warnings from president biden benjamin netanyahu is reiterating his plans to invade rafah where more than a million palestinians have sought refuge. for those in rafah, the humanitarian crisis is growing. >> reporter: u.s. diplomacy coming too late for this family.

this is what's left of their home after an israeli home. this boy says his parents and three siblings were killed. it's now up to him to look after his little sister. an orphan trying to make his way through this cruel war. >> joining us now from tel aviv is raf sanchez. where do israel's operations in southern gaza stand today? >> reporter: well, jose, as you saw in that clip from the package you just played, israel's ground operations in rafah have not yet begun. there has been intensive israeli bombing in the city over the last couple of days. we heard from prime minister benjamin netanyahu a short while ago. he was telling the israeli public, he has already approved the plan for that ground operation in rafah. he says that is necessary to destroy what he says are the four remaining hamas battalions who are hiding in the city. he says that plan has two

phases. the first phase, to evacuate those million or so palestinian civilians sheltering in rafah and then the second phase is the attack itself. but crucially, jose, he did say it will take some time before that plan can be executed. he is saying he has agreed to president biden's request to send a delegation of senior israeli officials to the white house to at least hear out american concerns about that plan. that is an indication that while he says he is absolutely determined to go into rafah, he may not give the order straightaway. we are also learning from our colleagues at the white house some new details about that conversation between president biden and the prime minister on monday, their first conversation in more than a month. two u.s. officials telling nbc news that was an intense and constructive dialogue between the two leaders who have known each other some 40 years. netanyahu apparently bringing up

this pretty explosive speech by chuck schumer who said there need to be early elections in israel and that netanyahu is an obstacle to peace. the president reassuring the prime minister the white house is not trying to push him out of power. jose? >> raf sanchez, thank you so very much. that wraps up the hour for me. i'm jose diaz-balart. you can reach me on social media @jdbalart. you can watch clips from our show on youtube. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," fear and confusion along the southern border after the supreme court allows a controversial texas law that would give the state instead of the federal government the power to expel undocumented migrants with very little due process. the high court kicking it back to