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Migrants Line Up at Border as Title 42 Expires Tonight; Supreme Court Rules on Case Narrowing Scope of Public Fraud, Bribery Laws; Trump Repeats Election Lies, Dodges on Ukraine and Abortion Ban. Aired 11-11:30a ET
Aired May 11, 2023 - 11:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
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KATE BOLDUAN, CNN ANCHOR (voice-over): So what is known, Title 42 is going away today. What is not, what happens immediately after. The Biden administration is preparing for a surge. CNN is live in Texas.
SARA SIDNER, CNN ANCHOR AND CORRESPONDENT (voice-over): More of the same or move the needle for New Hampshire and around the country. Reaction after a fiery Donald Trump town hall. What Republicans and Democrats are saying.
JOHN BERMAN, CNN ANCHOR (voice-over): Britain has delivered long range storm shadow cruise missiles to Ukraine.
So what are the likely targets?
All of that on CNN NEWS CENTRAL.
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BOLDUAN: Let's start with the big change coming down the pike. Since 2020, a special policy has been in place, allowing the U.S. border officials to almost immediate expel the migrants trying to get into the United States. That policy is going away.
For weeks, the Biden administration has been preparing for a tidal wave of migrants once the policy lifts. Rosa Flores is in El Paso once again for us.
And Rosa, you were able to ride along with the National Guard to get a sense of what things are looking like.
And what did you see?
ROSA FLORES, CNN CORRESPONDENT: Well, Kate, just a lot of heartbreak and desperation. I mean, there are hundreds of migrants, who were huddled under blankets. I talked to one family, who said that their daughter couldn't stop shaking.
They were asking National Guard members if they could start a fire in this camp just to try to stay warm. It was also very dusty, so it is very difficult for the migrants trying to protect themselves from all of the elements, including the dust, which was very severe.
And at the same time, there were migrants who were crossing the concertina wire and turning themselves in. As we watched the border, there were more individuals and a group, who appeared to be trying to figure out how to cross the border.
Now from talking to some of the migrants, they were confused about the Title 42 and they didn't know what it was.
And others said they wanted to cross before Title 42 ended, because they were told -- they believed -- and this is part of the misinformation that we have been reporting on -- that they believed they would have a better opportunity before Title 42 lifted.
So a lot there. Just a lot of heartbreaking stories. A lot of the migrants are really hoping for opportunity in the United States. And they see this border wall and they see hope, because they believe they are that much closer to getting into the United States. Kate.
BOLDUAN: And still such a big uncertainty of what is going to happen after tonight and that is every single one of these numbers that you know and have been reporting on is a person and family. Rosa, thank you.
She has been there in El Paso and she'll continue to report on this.
When Title 42 officially ends tonight, the policy of the United States is going to return to what it was pre 2020, the decades' old section that lays ground rules for processing migrants. It is called Title 8 and this is how it works.
The federal government is required to give asylum seekers an opportunity to make a case, a credible fear interview.
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BOLDUAN: They explain why they left their country and why they fear persecution if they go back. If a customs official does not see enough there or they do not request asylum, they can be deported back to their country.
People from certain countries, including Cuba, Haiti, Nicaragua, Venezuela, they can be deported to Mexico. This is a difference from Title 42. If you were sent back under Title 8 authority, you are subject to multi-year ban from the United States. Listen to this.
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ALEJANDRO MAYORKAS, U.S. HOMELAND SECURITY SECRETARY: Title 8 of the United States Code, our traditional immigration authorities actually deliver a consequence, because, when somebody is removed, someone does not qualify for relief and is removed from the United States, they face an at least five-year bar from admission into the United States.
So the consequence is going to be more severe.
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BOLDUAN: So there's that. But now, if an immigration officer sees credible evidence of an asylum claim, that can trigger a process, that the claim has to be proven in immigration court. They can stay in the United States in that process, either in long-term detention facility or into the community go with a commitment to attend all court hearings.
A majority of asylum claims that make it into the court are denied and there is already a backlog of over 2 million cases in the U.S. immigration courts, John.
BERMAN: Title 42 expires at 11:59 pm. The countdown is on, a little more than 12 hours from now.
So what is going on at the White House with this deadline so fast approaching?
CNN's Priscilla Alvarez is there.
And what are they doing there?
Are they war rooming this?
What are they doing?
PRISCILLA ALVAREZ, CNN WHITE HOUSE CORRESPONDENT: They are looking at the numbers and they all know, White House officials and administration officials, it is a challenge, not just for days but weeks.
It is a challenge for two reasons. One, the reasons that you heard from Rosa, the humanitarian concerns but also because of the logistics. This is not just going back to a decades' old protocol but it's processing people, an unprecedented number of people.
And that going to be a severe bottleneck. Getting enough capacity, enough people and transportation to deal with that. That is also removing some, because of the legal consequences under Title 8 that you heard from Kate.
For those who are not removed and are being processed, for families, for example, that could be putting them on what is an alternative to detention, a home curfew that we were talking about earlier or a GPS ankle monitor as they are working through the deportation process or asylum process.
All of the measures taken together is what they are talking about in the building behind me and in the Department of Homeland Security to manage the flow. And of course, the politics of it all and that is what President Biden knows he has to navigate on an issue that is a political vulnerability.
And he was asked about this just yesterday. Take a listen.
(BEGIN VIDEO CLIP) JOE BIDEN (D), PRESIDENT OF THE UNITED STATES: Well, we have had chaos at the border for a number of years. We have to fully fund the border security effort.
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ALVAREZ: And that is really the bottom line, John. The administration says they are doing all they can to deal with the unprecedented mass migration from the Western Hemisphere. But it is ultimately on Congress to pass immigration reform and reform what both sides agree is an outdated system.
BERMAN: Priscilla Alvarez, thank you for the reporting.
SIDNER: A brand-new wrinkle as Title 42 comes to the end. The Supreme Court just weighed in on an immigration case that would make it easier for non-U.S. citizens to challenge their removal orders in federal court. Jessica Schneider has more on this.
JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: Yes, the Supreme Court issuing a flurry of opinions this morning. The first one is siding with this transgender woman from Guatemala. She can continue her fight in federal court.
She is arguing that she should not have been deported to Guatemala because of the very real threats of sexual discrimination and assault. She had lost her appeal before an immigration court but now all Supreme Court justices are agreeing that she can challenge her case before federal appeals court.
This case should make it easier for non citizens to challenge their removal orders in federal court. Also, the court upheld a California law enacted in 2018 that places strict rules on the pork that is sold in that state. It is called Proposition 12.
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SCHNEIDER: It only allows pork sold from pigs raised in a humane way, which means they are housed in spaces where they are allowed to roam freely. This was opposed by the pork producers. They said they would face obstacles if the court sided with these activists.
But the court said nothing about the law violates the Constitution provisions concerning interstate commerce. So a very interesting decision from this conservative court, siding with the provision enacted by people in the very liberal state of California.
SIDNER: All very interesting. Thank you, Jessica Schneider.
BERMAN: What now?
Donald Trump's primary opponents are shifting gears after the CNN town hall.
And a sweeping recall, Peloton recalling 2 million bikes over safety issues involving the seat and telling owners to stop using the bike immediately.
And new data on inflation, some price pressures are now easing.
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BOLDUAN: On our radar this morning, an over the counter birth control pill may soon become a reality in the United States. FDA advisers voted unanimously yesterday to allow Opill to be sold without a prescription. Scientists said its benefits outweigh any risks.
The final decision by the FDA could come this summer.
In Aurora, Colorado, severe hail was dropped, some larger than 2 inches in diameter. Several tornadoes were reported with the threat continuing today, with more than 30 million people under alerts and a tornado watch issued for parts of Louisiana, Mississippi and Arkansas until 5:00 pm Central today.
Peloton is just issuing a big recall of over 2 million bikes. The fitness company says it's because the seats can break in the middle of the ride; 35 incidents were reported and 13 people were injured. One rider even broke their wrist.
This recall is going back to bikes sold in January of 2018. Peloton says people should stop using bikes immediately. Sara.
SIDNER: All right, Kate.
New reaction after Donald Trump's CNN town hall appearance. He spent most of the night repeating lies about the 2020 election. Manu Raju joins us from Capitol Hill.
And I think that you could chase down a cheetah if you needed to, Manu.
What are you hearing?
MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Well, some pushback on a number of the former president's claims. One, that January 6th was a beautiful day and if president, he may seek to pardon many of the January 6th prisoners.
He didn't take sides on the war versus Ukraine, versus Russia. Many of the Republicans support Ukraine's efforts there. He would not call Vladimir Putin a war criminal. And he said that the United States should endure a debt default if the Republicans don't get their way in spending cuts.
But in talking to Republican senators, a number of them are pushing back. (BEGIN VIDEO CLIP)
SEN. TODD YOUNG (R-IN): I think that president Trump's judgment is wrong in this case. President Putin and his government have engaged in war crimes. I don't believe that is disputed.
RAJU: Does it worry you that he's the party's leading presidential candidate --
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YOUNG: That is why I do not plan to support him for the nomination.
RAJU: Why?
YOUNG: Where do I begin?
SEN. THOM TILLIS (R-NC): Anybody who crossed into the Capitol under the circumstances that I witnessed firsthand, it is hard for me to have a positive predisposition toward them.
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RAJU: And one of his allies, Lindsey Graham, who says that Vladimir Putin is a war criminal, he tried to explain Trump's comments as not taking a side on one side or the other as part of the effort to ensure peace there.
That is the argument from the Trump camp. But others, including number two Republican, John Thune, who told our colleague Nic Robertson, said that a lot of the Democratic campaign ads were being written last night.
SIDNER: Thank you, Manu, and getting to all of those Republicans today -- John.
BERMAN: That is really interesting. With us is political commentator S.E. Cupp and former White House lawyer Jim Schultz.
Donald Trump lost the last election, regardless of what he said. And so if he wants to win, he has to add votes. We have heard from Republican voters and leaders, John Thune, Young and Thom Tillis. Doesn't sound like he added their votes.
In what way, Jim, may Donald Trump added to his coalition last night?
JIM SCHULTZ, FORMER WHITE HOUSE LAWYER: I don't think he added one bit.
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SCHULTZ: He did not do anything to help himself with the primary and certainly not in the general election.
He had a chance last night not to double down on January 6, on the bogus election fraud claims that he is making and using right wing conspiracy theory organizations as examples of things that are as something that he is using as a basis upon which to support his claims.
It is just not what the Republicans are looking for right now.
The Republicans are going to look at that and say, OK, what has changed?
Nothing has changed with Donald Trump. I think that a lot of people are looking for something new and accomplish Republican goals and be conservative without being Donald Trump. I think that if anybody is looking at the election right now and, saying, am I going to get in or maybe I don't, I think last night encouraged them to get in.
BERMAN: Is Jim right or is Trump on cruise control?
S.E. CUPP, CNN POLITICAL COMMENTATOR: All due respect, I appreciate that analysis and I'm sure there are Republicans willing to say that was not great, because it wasn't great. But he is playing a different game. He is not being judged by Thom Tillis, the MAGA assassin, by rational conservatives, by the media and the fact-checkers.
He is playing at his game and I have some hard truth, ear muffs if you don't want to hear this, Donald Trump was great last night if you are a Donald Trump supporter. There were lots in that room. They don't care about the stuff we care about, the lies, the smears, the insults, rape charges, investigations.
They laughed at it and they applauded it. I think last night was a reminder that he is not irrelevant, he is definitely not chastened and there is still a lot of energy behind Donald Trump. And Donald Trump, I will say was much more energetic than I expected him to be.
BERMAN: There was a condition in the assertion that you said, if you are a Donald Trump supporter. And if you are not and if you are undecided, how great was he?
CUPP: Well, if you are -- I am not sure there are undecideds when it comes to Donald Trump. But there may be some independents and moderates and, listen, he has never wanted to add to the base.
He has been systematically kicking out good conservatives since 2015. And so he is fine with the base shrinking as long as it is condensing and becoming 100 percent Trump pure.
BERMAN: We have heard from Asa Hutchison, Chris Sununu -- Asa has already announced he's running -- what about Ron DeSantis?
How does he use this town hall against Donald Trump?
SCHULTZ: His super PAC made some comments. But until he is in the race, he does not have a real basis to say a thing. He can make veiled comments or when he's doing events. But until he is in the race, he does not have a basis upon which to hammer away.
Because he is a sitting governor of Florida and he has to make that judgment and get into the race and then he has to tie it up with Donald Trump and go blow for blow with him.
BERMAN: Do you think anything -- oh, sorry, go ahead.
CUPP: But to your point, if you are watching that and you think that someone like DeSantis or any of the would-be contenders of Donald Trump would be encouraged to get in, I'm sorry, we all covered 2015 and 2016 and I saw Donald Trump fell 17 Republicans, any one of whom I probably could have voted over him.
I don't think there's anyone in the field who could go up against what we saw last night.
BERMAN: That was my question.
Do you think that any of that gives Ron DeSantis pause?
SCHULTZ: It should not. It shouldn't and if he is thinking of getting into the race, he should. I disagree with you on one point, are there Republicans who say, we don't want the nonsense anymore. Maybe we liked the policies and put up with it for some time. But we are looking for something different.
He has the ability to go in, if it is a smaller group of candidates -- we had 16 or 17 people on the stage last time -- I don't think that we will see it this time. A smaller group of candidates, bullish on Trump, it is a different story, because a lot of folks are tired.
What happens with the next indictment, if it happens?
Georgia and DOJ, people are saying, is it really worth it to go through all of this trouble for Donald Trump when we can win with someone else?
Republicans are going to be thinking that way and I think there is plenty of time --
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CUPP: Look, there is a difference between the donors and political operatives looking to park their support and money and say, I am done with that. Peter Diehl (ph) is in that category, saying I'm not here for a repeat.
I don't think that voters are turned off by the investigations and the charges. I think they are real into it.
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SCHULTZ: You know, I saw in the last election in Pennsylvania, when he stuck his nose into a primary election cycle there and he made a lot of people in the party unhappy, getting involved in local races.
I think that, coupled with all the other things, the folks on the ground, going door-to-door, are going to be giving him a second thought.
BERMAN: A lot of people are looking both ways, wondering about the impact.
Jim and S.E., great to see you both. Thank you very much.
SIDNER: Inside one of the EPA's most aggressive rule changes yet and how it is proposing to eliminate nearly all CO2 emissions at coal and natural gas power plants -- that's ahead.
