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Supreme Court Could Decide Today Whether To Lift Title 42 As Thousands Of Migrants Wait At Border; Michael Chertoff, Former Homeland Security Secretary, Discusses Title 42, The Crisis At The Border; Experts Fear A Post-Holiday Respiratory Virus Surge; Dolphins QB Tua Tagovailoa Back In NFL's Concussion Protocol. Aired 1:30-2p ET

Aired December 27, 2022 - 13:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

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[13:33:59]

ABBY PHILLIP, CNN HOST: The Supreme Court could decide as early as today whether to lift the Trump-era immigration policy known as Title 42. The policy used a public health rule during the coronavirus pandemic to allow authorities to quickly turn away migrants at the border.

Now, some of those hoping for asylum in the U.S. are lining up at the Mexican border in anticipation that Title 42 will be lifted. Others, who have already crossed the border, are seeking shelter in El Paso, Texas.

CNN's correspondent, Rosa Flores, has that part of the story.

ROSA FLORES, CNN NATIONAL CORRESPONDENT: Well, Abby, the stories out here are just heartbreaking.

Let me show you around. I'm in El Paso. What you see behind me is a church that turned into a shelter overnight. Capacity is 120, 130. So a lot of the people that you see around me end up having to sleep on the street.

That's why if you look closely you'll see that there are piles of American Red Cross blankets and other blankets. That's what these migrants use overnight to keep warm when the temperatures drop.

[13:35:07]

Now, a lot of these mothers that you see around me don't want to be on camera. But their stories are so telling and heartbreaking.

There's one woman who has two daughters that are 2 years of age and their little faces are burned. And I asked her what had happened. She said that they got burned because of the cold.

They were traveling on a terrain before crossing into the United States and it was so cold their little faces just burned. I talked to another mother who said that that was exactly the case. Now, there's been an outpouring of support from residents in El Paso

who stop by. They drop off water, clothing, food. Some of the clothing you can see on the sides of this church and in nearby areas.

They simply drop off items so that the migrants can get jackets and gloves for their children.

A lot of them have just crossed the border. They are wet. They are cold. And they're really just trying to find something that can fit their child to keep them warm overnight.

I talked to one mom who said her 1-year-old was so cold and was crying and she couldn't do anything else other than hold her really tight and use her body heat to keep her 1-year-old child from dying.

So those are the types of stories that we're hearing.

And these images that you're seeing here, they are duplicated on the Mexican side.

I've talked to advocates and officials on the Mexican side of the border who says there's about 22,000 migrants waiting there for Title 42 to lift.

The people that you see around me, Abby, are those who got tired of waiting and decided to cross into the United States -- Abby?

PHILLIP: Those stories are so heartbreaking.

Thank you for that, Rosa Flores.

Now let's take a closer look at the crisis along the southern border and the fight over what to do about it. Will there be any reform coming from Washington?

Joining us now is former secretary of Homeland Security, Michael Chertoff.

So, Michael, thank you for being here.

You know, the legal wrangling over Title 42 could end today or any time if the Supreme Court decides whether to lift the policy.

The Department of Homeland Security says they're prepared for Title 42 to be lifted. They're making preparations.

But from what you know of how difficult that will be, what is the task that's in front of them if this policy is lifted?

MICHAEL CHERTOFF, FORMER HOMELAND SECURITY SECRETARY: Well, what Title 42 allowed the government to do was simply to say to anybody that crossed the border, you have to go back to the other side of the border because of public health.

Once that gets repealed, then people who come across the border who have a claim for asylum have a right to have it adjudicated. And sometimes as we've seen that takes a long period of time during which they will be residing probably in the United States.

So what the administration is trying to do is speed up that process. Delegate the authority to people in the field to make the initial determination about whether there seems to be a reasonable claim of asylum.

If there isn't they can be removed right away. If there is, then hopefully process them quickly.

But in the meantime, you've got a place for them to stay in the U.S. that is safe and that doesn't overburden local communities.

And I think what the administration wants to do is spread out among various parts of the United States the destinations to which people who are awaiting a lawful determination of their claim can wait in a place that's safe.

The other thing is they're messaging very clearly that this is not the time to try to come across the border given the weather and the cold.

And they're also targeting the smugglers groups who are deliberately trying to encourage a mass migration because they make money by trafficking in people who come to the U.S.

PHILLIP: There's a 1.6-million-person backlog in the asylum system right now. And meanwhile, where I am here in Washington, there's really no movement to deal with the underlying policy issues behind this.

When you were serving the George W. Bush administration, there were efforts being made, it didn't get through Congress.

Do you see any possibility that there will be some political will to get this done, particularly on the Republican side?

And I wonder if you think it's even possible to secure the border without dealing with the immigration laws that underlie it?

CHERTOFF: I think, Abby, you're absolutely right. If you don't address the laws across the board, you're basically fighting a battle with one hand tied behind your back.

You need to have a way to encourage people to follow the law, if they have a legitimate claim, to process them in a way that is orderly. And the administration has done that with Venezuela by encouraging people to file for asylum online.

[13:40:08]

You also have to recognize that there are legitimate labor needs, particularly given the worker shortages here. And that can be addressed through the legal method to allow people to come in temporarily.

And then you also have to put the resources in the field to adjudicate asylum cases quickly and to make sure that you can patrol the border so the smugglers don't evade the law.

All of these things have to be done at the same time.

And the sad thing is we've had a number of Republicans who are simply talking about trying to impeach Secretary Mayorkas, which is nonsense.

Instead of talking about, how do we fund and resource everything, we need to control the border in a disciplined and sensible way.

PHILLIP: Michael Chertoff, thank you so much for joining us on this.

And packed airports aren't just making people angry. They could also make a lot of people sick. Why health experts are warning that another surge of viruses is right around the corner.

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[13:45:32]

PHILLIP: The good news is the cases of flu, RSV and COVID have been slowing and declining. But the bad news health experts say the encouraging trend is really not going to last.

CNN's health reporter, Jacqueline Howard, is joining us now.

So, Jacqueline, as a mom, I can tell you that this winter has been brutal for a lot of parents. So what are experts looking at?

JACQUELINE HOWARD, CNN HEALTH REPORTER: Yes, Abby, I can tell you the general consensus among experts is that it's highly likely we'll see another surge in January following the holidays.

And what they're looking at specifically are three different factors. Number one, they're looking at holiday travel.

And as we've seen, many people have been at crowded airports while we've seen flight cancellations and flight delays. So that provides the perfect opportunity for respiratory viruses to spread.

Number two, they're also considering how we're gathering more for the holidays. We have New Year's parties coming up this weekend. That's another opportunity for viruses to spread.

And then number three, Abby, we also know that many people are not masking, some people still haven't gotten their flu shots. Some people are still not up to date on their COVID vaccinations. So that also provides opportunity for the virus to spread.

So those are three factors that experts are really looking at. And they do predict, just like we saw last month following Thanksgiving, we saw a surge in flu and COVID.

They predict something similar could happen as we enter the New Year. So that's why they're on high alert.

And we'll be watching this very closely heading into January. PHILLIP: All right, Jacqueline Howard, thank you.

And it happened again. Dolphins Quarterback Tua Tagovailoa under NFL concussion protocol for a second time this season, and only after he played the entire game. We'll have more on that next.

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[13:51:50]

PHILLIP: Miami Dolphins quarterback, Tua Tagovailoa, is back in the NFL's concussion protocol yet again. The Dolphin's say his symptoms started after Sunday's match-up against the Packers.

But he did take this hit in the first half. Still he played the entire game.

Here is his coach.

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MIKE MCDANIEL, HEAD COACH, MIAMI DOLPHINS: I care very deeply about each and every player. I take that serious. So I just want him to get healthy and have peace of mind in that regard. And that's first and foremost.

And then whatever those circumstances are after, you deal with after. But it's about the human being and making sure he's squared away.

(END VIDEO CLIP)

PHILLIP: Now, Tua first went on concussion protocol back in September after he was carted off of the field and hospitalized. That happened just four days after he showed concussion symptoms during a different game. He still played the whole time.

CNN's sports analyst, Christine Brennan, is joining us now.

Christine, you heard what the Dolphin's coach had to say. What has been the reaction around the league to the repeated hits, and three potential concussions in four months or so?

CHRISINE BRENNAN, CNN SPORTS ANALYST: That's correct, Abby. The league reaction actually has been -- former players in particular are game this season or another play this season.

There's great concern. This is a very troublesome story, as you have just said, this is the third incident and the second time he has been in concussion protocol.

You know, Abby, he's a 24-year-old player and he has his entire life ahead of him.

What the coach said sounded great, but meanwhile that same coach, the head coach of the Dolphins, said he did not notice anything during the game. Everybody watching on Christmas Day -- and of course you could see the

highlights or whatever we would call this, the lowlights of this particular moment when his head hits.

How in the world can that coaching staff, an army of coaches, how did nobody know how hard his head hit knowing the history for Tua and the fact that he has gone through this time and time again.

Great questions to be asked about why this man was allowed to stay on the field. And, of course, now in concussion protocol. Hopefully, he's done for the year

PHILLIP: Look, players want to play as much as they can. But who is responsible for deciding if they should?

In this situation it seems like someone is allowing him to continue to play even when it might not be safe for him.

BRENNAN: If the entire country, sports fans, and everybody on Twitter, Abby, can see what is going on, how is it possible that nobody in the Miami Dolphins organization -- I mean, the owner could call down and say, I just saw that, get him out of there.

[13:56:06]

The general manager, of course, the coach would be the first line there, and first line of defense, so to speak. The coach would say, hey, that's it.

There are doctors on the sideline. There are concussion protocols in place. And this has been an ongoing conversation in the NFL for a decade or more. The concussion movie brought this to light.

And we know about the horror stories of these men after their playing days are over committing suicide or having terrible issues with their mental health and CPE, the concussion issues that come to your brain after you play.

This is not a new story. And the fact that we're still talking about it is truly appalling.

PHILLIP: It's really very scary to see.

Christine Brennan, thank you so much.

And that does it for me. I will see you back here tomorrow.

There will be much more news after the break.

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