arthel neville. welcome back, eric. eric: hi, arthel. thanks for joining us this afternoon. two other big stories we are following closely this hour, in afghanistan the taliban reaffirming their brutality. a gruesome display in one city, hanging dead bodies from the main square. criminals, they said is, public hanging. and the search for federal fugitive brian laundrie intensifies in that wilderness preserve after the death of his girlfriend, gabby petito, was ruled a homicide. charles watson is on the manhunt for laundrie, lucas tomlinson on the biden administration at odds with the border patrol, but first to jeff paul who's live on the border in del rio where that wave of migrants, it seems, still keeps on coming. hi, jeff. jeff: eric, another day, another steady stream of migrants crossing along the u.s./mexico border. this is rio grande, and we have witnessed as many as three families crossing this very area right here, essentially giving themselves up to texas dps who hands them off to border patrol for processing. each of these families we talk to and say, hey, where are you from, they all say the same thing, venezuela. it's a much different scene from just one week ago when we saw thousands and thousands of mostly haitian nationals crossing near the international bridge here in del rio, texas. department of homeland security said 2,000 of those folks have been sent back to haiti, but thousands are still being processed or have been given notices to appear in count. but state law enforcement here in texas says they have no way of keeping track of these people, about where they're going or where they've been. >> to my knowledge, we don't know exactly where they're being released, transported, how they're being processed, but we do have reports that the majority are being released into the country. so that is a challenge. that is a challenge, because once the message gets sent to other potential caravans coming to mexico or coming across from mexico into the u.s., they're going to want the headache that -- to make that journey. >> reporter: we also just learned a short while ago that the international bridge in del rio, texas, that was closed has since reopened or is about to reopen to passenger traffic. this connects del rio, texas, and the city across this mexico. and for the folks who rely on that traffic for business or work, that is a huge relief. cargo traffic is going to resume on monday. but until then, all of that cargo traffic has to go to eagle pass which is an hour one way just to get to that border crossing. eric: jeff paul, thank you. arthel: the biden administration and the border patrol butting heads over disturbing images of agents on horseback, critics slamming those agents for appearing to use their reins to whip the migrants. lucas tomlinson is live at the white house with more. lucas, those images were very disturbing. what is border patrol saying? >> reporter: arthel, president biden told reporters he takes full responsibility for those images but appeared to direct most of his ire at his own border patrol. >> to see people treated like they did, horses nearly running over and people being strapped, it's outrageous. i promise you, those people will pay. there will be -- an investigation is underway now, and there will be consequences. >> reporter: the dhs secretary says the conduct amounted to, quote, systemic racism. there's concerneds among the border progress -- concerns among the border patrol that they're not being given a fair shake in public and perceived bias could taint the investigation. a reminder, encounters with illegal migrants on the southern border are at a 21-year high, arthel. peter doocy pushed the d health care s chief -- dhs chief on how fair an approach this is. >> reporter: is it helpful to your investigation for the president of the united states to use inflammatory language like people being strapped? >> let me just be very clear and repeat what i've said, i am not concerned with respect to the integrity of the investigation. we know how to conduct an investigation with integrity. >> reporter: the vice president compared this incident to slavery. witnesses say they didn't see any of those mounted officers hit any of the migrants. arthel? arthel: lucas tomlinson at the white house, thank you. eric? eric: arthel, gabby petito's funeral is set for tomorrow in long island, new york, as the search for her boyfriend, brian laundrie continues in that florida wilderness reserve. the fbi has issued a warrant for his arrest, but, you know, there's a lot more now suspected than that. charles watson's ooh live in venice, florida, at the wilderness reserve, the center of the search for brian. hi, charles. charles: hi, eric. yeah, a private service will be held for gabby tomorrow in new york ahead of a public view ising as hearts around the country break for the petito family. hundreds joined a candlelight vigil friday night in gabby's hometown of long island, new york, many lighting lanterns at the end of their driveways to pay respects to the 22-year-old whose remains were found in wyoming after an intense search nearly a week ago. >> we just want to do anything we can to support this family and what this community is going through standing behind this family. >> reporter: meantime, pressure is building to find gabby's boyfriend, brian laundrie, who is now wanted for fraud after a federal grand jury indicted the 23-year-old. the criminal complaint alleges brian made more than $1,000 worth of fraudulent charges using someone else's debit card as he crossed state lines between august 30th and september 1st. several law enforcement agencies have spent nearly a week searching for brian using drones and k-9s throughout thal a gator-infested and swamp bicarlton reserve. -- swampy carlton reserve. some question whether the 23-year-old is in the 25,000-acre nature reserve. >> everybody has the drive, and that's really what's carrying us through, is the drive to put closure to this investigation. >> reporter: now, police have named brian a person of interest in the investigation of gabby's death after returning to florida from a cross-country trip in gabby's van without her. brian's parents claim the last time they saw brian was september 14th saying he went to the carlton reserve for a hike. they reported him missing several days later, on the 17th. and while much of the search for brian has focused here on the carlton reserve area, police say this is not their only e6r9, it's the most visible. eric: gabby from blue point on long island, a beautiful town. certainly heartbreaking. charles, thank you. arthel: a roadside bomb hits in eastern afghanistan, the extent of the damage still unclear and so far no one has claimed responsibility. all this as the taliban reportedly hangs the body of an accused kidnapper in the square of one city. trey yingst live in kabul. if trey, what more can you tell us? >> reporter: arthel, good afternoon. the taliban appears to be bringing back medieval punishment. we have questioned the group about this and other reports indicating that american allies are being targeted. on the weekend afghans will come outside the capital of kabul, ride horses, go to an amusement park and even rest by the lake. there are taliban fighters throughout this area, we even talked to a few of them who were interacting with civilians here, but it's not this pleasant across the rest of afghanistan. there are credible reports of the taliban executing their enemies. the taliban keeps telling us no one will be harmed and no one will be killed, but we have seen evidence of the contrary, of people who have fought against the taliban or who worked with the americans in the past being executed in other parts of the country. how can you square this with what you've said? [speaking in native tongue] >> translator: our leaders now must forgive everyone, especially those who worked with foreigners. we forgive everyone. on social media, television, you are seeing we forgive everyone, but there is a personal reason when someone kills or harms someone, we will catch them and punish them. >> reporter: today the taliban hangs the dead body of a man killed in a shootout. local reports indicate he was accused of kidnapping and got into a gun battle with the taliban as they rescued a father and son. a sign was attach to the body that read everybody who kidnaps someone, this is their punishment. observers worry what happened in hirat is a sign of what is to come for the country of afghanistan. this does happen as the taliban is under immense pressure right now from the group isis-k who have targeted taliban fighters multiple times over the last several days with roadside attacks. arthel: trey yingst live in kabul, afghanistan, thanks. eric: we now know the name of the woman who was killed in that kroger shooting in collierville, tennessee, yesterday. she's olivia king. friends and family members remember her as a kind and thoughtful person. sadly, she leaves behind three sons, one of who you see there, served in the military. that gunman wounded 12 others before police say he shot and killed himself. arthel? arthel: eric, thank you. well, the search for brian laundrie continues in florida. meanwhile, heart broken residents of his late my yea see -- fiance's lit up their community in her honor. details about that and what we're learning about the search efforts. all that straight ahead. ♪♪ ever they're doing? for sure. seriously? one up the power of liquid, one up the toughest stains. any further questions? uh uh! one up the power of liquid with tide pods ultra oxi. this is mike. mike blew his entire life savings on a permanent perm shampoo invention, which actually attracted more cats than customers. now instead of wasting money, mike is looking 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block malware? nope. -it crushes it. pshh, mine's so fast, no one can catch me. big whoop! mine gives me a 4k streaming box. -for free! that's because you all have the same internet. xfinity xfi. so powerful, it keeps one-upping itself. can your internet do that? arthel: a shooting at a los angeles meto station reportedly leaves four people wounded according to the l.a. times. the gunfire broke out last night at a station 12 miles south of downtown. all of the victims were reportedly hospitalized with at least three in critical condition. no word as of yet of any arrests. eric: and also in california, pacific gas and electric, pg&e, they face manslaughter charges for that wildfire in the northern part of the state that killed four people last year. prosecutors say it was the utility's equipment which sparked the fire and burned hundreds of homes. christina coleman with the very latest on this manslaughter charge. hey, christina. >> reporter: hi, eric. prosecutors filed 11 counts against pg&e related to the zog fire that raged in northern california last year. the fire killed 4 people and destroyed 204 structures including some homes. prosecutors say pg&e contractors should have removed the tree that ended up hitting one of their power lines and started this deadly fire. >> pg&e had a duty to remove this tree. in fact, pg&e contractors had marked this tree as hazardous for removal in 2018, but it was never removed. the grapevine was left in place -- [inaudible] significant visible defects in its trunk which ultimately fell on the electrical line. >> reporter: prosecutors say the charges could result in pg&e facing fines and fees. however, pg&e is disputing these charges. the company's ceo says the tree is one of over 8 million trees within striking distance to their lines. the ceo says between october of 2018 and last year's fire two trained arkansas -- arborists i independent of one another determined the tree in question could stay. >> we're putting everything we've got into preventing wildfires and reducing the risk. so it may feel satisfying for the company of pg&e to be charged with a crime. what i know is the company of pg&e is people, 40,000 people who get up every day to make it safe and to end ebb catastrophic if wildfire tragedies like this. >> reporter: pg&e's ceo also says they've been working to prevent fires by investing $1 is.4 billion on -- 1.4 billion on vegetation management this year. now, this is the second time this company has faced homicide-related charges in the past two years. last year pg&e pleaded guilty to multiple counts of involuntary manslaughter for the deaths of 84 people from the deadly camp fire which destroyed the town of paradise back in 2018. eric: yeah, that's a state law that requires whether or not it really is the utility's fault or not, whether it had taken remedial action. christina, thank you. arthel: we're going to go to new york now where an emotional vigil was held last night for the late are -- late gabby petito. residents put candles or lanterns at the end of their driveways to remember the 22-year-old as the fbi continues its search for brian laundrie. let's bring in stuart kaplan now, former fbi agent. stuart, i want to start with this, the u.s. district of wyoming charging brian laundrie with unauthorized use of a capital one debit card and spending more than $1,000 resulting in a federal arrest warrant for him. how does this change this investigation? how -- does it indicate that laundrie wants to live and keep running from the law? >> well, i think it first indicates that law enforcement, as of last wednesday, has a lot more information than we were led to believe previous last wednesday. interesting with that indictment that was unsealed, typically in the federal system an indictment would remain sealed til such time as the person is apprehended. there was a motion that was filed to unseal that indictment. that was to elicit the public's health. i am more than confident that there is also more than enough evidence at this point to charge brian laundrie with respect to the homicide of gabby petito. i think it's indicative that there's more than credible evidence given the resources and manpower that has been spent over in the carlton reserve. i think they do believe that they are on him, they have credible evidence, and they're going to, my guess, apprehend him. it's just a matter of time. i did also want to discuss, you know, interestingly enough, the parents seemingly were uncooperative at one point. i do believe now the participants are more than cooperative given the fact that if i was the prosecutor, i'd issue a grand jury subpoena. i'd put them in the grand jury. whether or not they would exercise their fifth amendment, i think at some point they would come onboard and give now credible information which is leading them to exhaust this search in carlton reserve. arthel: do those parents face legal jeopardy? >> that's a great question. in the federal system, if you bring someone before the grand jury, obviously, someone has the right to exercise their fifth amendment not to testify. there will be a trade-off if i was the prosecutor even knowing probably there's information that we believe that the parents were obstructionists, interfering with the investigation, there's going to be a trade-off to offer them immunity. and that would then force them, absent putting them in jail on a contempt charge, typically it would force someone then such as the parents to have to come onboard and cooperate and give testimony against their son. arthel: but he was their son three weeks ago, he's still their son so really how likely is it that they would be forthcoming with their information regarding his whereabouts, his movements -- [inaudible conversations] >> and it's a great question. personally, in my experience and i think in most law enforcement experience, parents want to be parents above and beyond more than anything to protect our children. i think at some point when you realize you have the full force of the united states government perhaps coming down on you, i think at some point everybody has their breaking point. i don't believe any parent would sign up to also subject themselves to being prosecuted and ultimately, you know, face jail time. i think at some point these people realized that it was just a matter of time until it was up, and i think they wanted to do damage control. if i was their attorney, i'd be interested in doing damage control, protect them and also, obviously, cooperate with the investigators. arthel: meanwhile, of course, our heart aches for gabby petito and her parents and for other parents who share that same heart ache. i want to ask you, stuart, do you think that the fbi will now begin to pay more attention to reports of missing people of color? >> you know, i have to tell you, you know, and i've been asked this question, i will tell you this, i think all law enforcement whether it's the fbi on the tate level or local -- state level or local level, i think people that sign up to do this type of work and certainly the seasoned detectives who, unfortunately, have to deal with the tragedy of the loss of life, i don't think they look at a person's background or their color of their skin with respect to the victim. i think a detective, an agent, they want to an rehend an individual that is -- apprehend an individual that is responsible for the death of someone regardless. i would hate to think that that in any way would interfere or slow down the process. with that being said, you know, the admission of the fbi -- the mission of the fbi really is national security and to keep us all safe throughout the united states and globally. i think, you know, obviously on these type of cases when they're interstate, and i think that's the difference that i want to draw in this case, you know, new york city, chicago, los angeles, miami, they have, you know, too many homicides to speak of. the fbi cannot get involved in a typical homicide that does not span across state lines. when it does span across state lines, then it would be within the jurisdiction for the fbi to come in and lend its sis -- its assistance. in this case, no doubt about it, social media, what a fantastic aid in the execution of finding gabby petito so quickly, and i applaud -- we finally see a positive side to social media in a case like this. arthel: all right. well, i guess the question is will the media pay more attention to reports of missing people of color. former fbi agent stuart kaplan, thank you very much for joining us. i'll leave it there. thank you. >> always a pleasure. arthel: take care. >> you too. arthel: eric. eric: gabby petito's initial disappearance has focused the nation's attention on the plight of missing persons. the national crime information center says missing person reports were filed with law enforcement authorities across the country for more than 540,000 people last year, just over half a million. it is, though, down by almost half from a high of 980,000 people back in 1997. and, of course, all those cases tug at the heartstrings. lauren cho from new jersey has been missing for nearly three months now. she was reportedly on her way to meet up with a friend. in new jersey authorities have released this rendering of what they think dolce alves would now look like, she was playing with her brother in a park and not seen since. in baltimore, few complains remain in the nearly 4-year-old case in the disappearance of finish she was single. the 22-year-old mother of a 2-year-old. she was eight months pregnant when she vanished in baltimore. police say that they do suspect foul play, no more clues recently in her tragic disappearance. and in hawaii, police have suspended the active search for 6-year-old isabella kahlua 12 days after she was reported missing. her parents say she had a habit of sleeping out in the yard at night. the family attorney believes that she was abducted by someone, the case still open. you know, each of these people and so many others who have disappeared loved and missed just like gabby petito. arthel? arthel: indeed. and that's a good start on reporting on people of color who are gone missing. we're going to go back to the border. coming up, a dramatic difference from only days ago. federal officials say they have cleared out that a massive migrant camp under a bridge in del rio, texas, but the crisis appears far from over. how this is all playing out on the border and in the nation's capital. that's up next. ♪ ♪ ok everyone, our mission is to provide complete, balanced nutrition for strength and energy. whoo hoo! ensure, with 27 vitamins and minerals, now introducing ensure complete! with 30 grams of protein. a lot of snacks are packed with air but not planters nuts. our dry roasted peanuts have an incredible ratio of size to substance a delicious, salty, crunchy ratio. planters. a nut above. crunchy ratio. tiffany: calvin got diagnosed june 10 of 2018. he has rhabdomyosarcoma, a soft tissue cancer. but st. jude has covered everything. and coming here, they're like, we are going to do everything we can. and when they say everything, they mean everything. st. jude is the gold at the end of a rainbow for a family like ours. they've really given our family hope. and we are so grateful and thankful for everything. ♪♪ eric: well, federal officials have cleared out that massive migrant camp under that bridge in tell rio, texas -- del rio, texas. homeland security secretary mayorkas said there were up to 30,000 migrants in del rio since september 9th. more than 1,000 of them will have -- 12,000 will have their asylum hearings heard by a judge, more than 8,000 have returned to mexico, the status of 5,000 still up in the air. so what will happen? a member of the house oversight committee joins us now. congresswoman, welcome. are you heartened by the fact that that mass of humanity that we saw camping underneath the bridge, they have been cleared, or is that just a band-aid, not even that, over the can continuing influx? >> yeah, certainly it's a band-aid, if you want to call it that. we need to put the return to mexico policies back in place, also title 42, but there's still a lot of people missing. about 2,000 have been deported back to haiti, but where are all these people going? and what we do know is this is kind of common core math that the administration's using because there are about 6,000 people unaccounted for, and they're going into the interior of our nation. and what they're telling them is to hoe up for a court -- show up for a court case at some point down the road. this is more of a suggestion because how many do you really think will show up at a court hearing? eric: you think this is the continuation of catch and release? >> absolutely, there's no doubt about it at all. and we're seeing now more people taken over to arizona. and, look, we have over 2 million people -- excuse me, over 1 million people illegally in this nation, and i don't know why secretary mayorkas doesn't think our borders are wide open. they are, and that's why we're seeing the issue still plaguing this nation today like they did at the beginning of the year. eric: you mentioned about 5-6,000 that are missing. the standpoints are from the government that 12,500 -- stats -- were released into the country. and as you say, some with the court docket. and then it comes out there have been thousands, thousands weren't tested for covid. i mean, they didn't do covid tests. what's that about? >> yeah. well, it's about a double standard. this is what is so aggravating. here we are making people go into their workplace and get a covid vaccine, wear a mask, and yet the border is wide open and even the two u.s. senators from new mexico voted against mandatory covid testing for migrants coming -- eric: why would they do that? >> i don't know. it doesn't make sense because we're under this covid pandemic. that's why title 42 was so important, that we reinstate full use of title 42. trump held the protective order. but why we are not testing is beyond me, especially when we're holding the american citizens to a different standard and making them wear the mandatory masks or get the vaccinations. eric: there's a lot of controversy especially among some of those in haiti, criticism that we should not be expelling some of these people who show up. here is the haitian prime minister speaking at the united nations this morning during the general assembly basically about that. >> the issue of migrants must remind us that human beings, fathers and mothers, their children are always going to flee poverty and conflicts. they will always strive to offer better living standards to their children. migration will continue as long as our planet has wealthy areas whilst most of the population of the world's population, indeed, lives in poverty, even extreme poverty without any prospects of a better life. eric: that was the virtual speech given this morning at the general assembly. so what would you say, congresswoman, to the prime minister and others who say is people flee here because of economic reasons, and that's why they're doing it, because we're a wealthy country? you know, it almost sounded like it's our fault. >> yeah. just to note, i've actually met with two ambassadors this week, both from haiti, one from guatemala, and there is an issue. but when you're incentivizing people to risk their lives and come here illegally, then there is a major problem. i mean, this is just such an out of control issue that doesn't have to be this way. we have laws. we have ways for people to migrate into our nation legally, but they choose not to do so because there are no consequences right now for coming here illegally. we do need to work with the other nations. guatemala, for instance, is doing a lot of things to try to help curb the migration from their nation and, by the way, they are doing mandatory covid tests on anybody that's getting deported back to guatemala. we don't do that here. it's doors wide open. but let's hold the americans to a double standard, a different standard of living while all the while we are incentivizing those to wreak the law -- break the law and come here. eric: and it is continuing. congresswoman yvette heller, thanks for joining us. >> thank you. arthel: well, the cia has recalled its station chief from vienna, austria, partly over his handling of the cases of the so-called havana syndrome that has hit u.s. diplomats and other operatives. jennifer griffin has more now from the pentagon. >> reporter: the cia recalled the vienna station chief over his mishandling of new cases of havana syndrome, a set of brain-altering ailments thought to be caused by an electromagnetic weapon. the first cases were reported five years ago in cuba. >> the attacks continue. people are really getting hurt. >> reporter: a 26-year veteran of the cia was forced to retire from overseeing clandestine operations in europe. he was targeted during a tripp to moscow in 2017 and began having debilitating vertigo, dizzying and nausea. >> it's an act of war. we're looking at a device that is designed to terrorize, to incapacitate taking our officers off the battlefield. >> reporter: this week ambassador pamela spratland was fired after six months on the job. senators demanded accountability after state department employees were denied treatment at walter reeled. >> if this were a soldier injured on the battlefield, this would be no question about getting his or her traumatic brain injury treated. >> reporter: new legislation will provide reimbursement for medical bills associated with havana syndrome. >> i consider this to be an attack on the united states of america. >> reporter: more than 200 officials have experienced these apparent brain injuries including a member of cia director william burns' team on a recent trip to india. staff working for vice president kamala harris were targeted on a recent trip to vietnam. >> it's real, it's affecting our officers, it's affecting others around the community and in government, and we're going to figure it out. >> reporter: the cia has enlisted members of the team that hunted bin laden to figure out who is behind these attacks and if they've shared these weapons with other adversaries. at the pentagon, jennifer griffin, fox news. eric: it's outrageous. well, president biden's approval ratings, well, they're falling in several state polls and with the midterms approaching, republicans have set their sights on vulnerable districts as they win the work back control of the house and senate next year. chief washington correspondent mike emmanuel explains. >> reporter: president biden's job approval nationally has slipped six percentage points in a new gallup survey to 43%. that could be a drag on swing district house democrats. in michigan the president has dropped to 39% approval in the detroit chamber poll. the national republican campaign committee has two top targets there, congress we'll elissa slotkin and haley stevens. republicans suggest the $3.5 trillion spending and tax package could eliminate swing democrats. >> any one of them that votes for these tax increases is not going to be coming back after the next election. >> reporter: in new hampshire the president's approval has dipped to 46% in the new granite state poll. there congressman chris pappas is being targeted. in virginia, his approval is down to 46% in in "the washingtn post" poll. the nrcc has two top targets there, abigail spam berger and elaine lure ya. in iowa where the prime minister's approval has -- president's approval has dropped 12 points since june, the nrcc is targeting congresswoman cindy axne. >> these are historic things we're doing in the rescue planning in the build back better plan, in the infrastructure plan. >> reporter: a spokesman says knapp pelosi is more focused on her legacy. >> a speaker of the house that really is pitching 'em overboard as just a fungible good. >> reporter: the argument from progressives is if they don't pass the agenda, democrats will likely use the house majority putting moderate democrats in a very awkward spot. in washington, mike emmanuel, fox news. arthel: thanks, mike. well, a federal judge dealing a blow to new york city's efforts to vaccinate all schoolteachers and staff as the deadline approaches for state health care workers to get their shots. that's up next. ♪ ♪ when traders tell us how to make thinkorswim even better, we listen. like jack. he wanted a streamlined version he could access anywhere, no download necessary. and kim. she wanted to execute a pre-set trade strategy in seconds. so we gave 'em thinkorswim web. because platforms this innovative, aren't just made for traders - they're made by them. thinkorswim trading. from td ameritrade. helen 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(announcer) go to golo.com to lose weight and get healthier. are you one of the millions of americans who experience occasional bloating, gas or abdominal discomfort? taking align every day can help. align contains a quality probiotic developed by gastroenterologists. it adds more good bacteria to your gut to naturally help soothe your occasional bloating, gas and abdominal discomfort. support your digestive health with align, the #1 doctor recommended probiotic. try align today. and try new align fast acting biotic gummies. helps soothe occasional digestive upsets in as little as 7 days. - [female narrator] they line up by the thousands. each one with a story that breaks your heart. like ravette... every step, brought her pain. their only hope: mercy ships. the largest floating civilian hospital in the world. bringing free surgeries to people who have no other hope. $19 a month will help provide urgently needed surgery for so many still suffering. so don't wait, call the number on your screen. or donate at mercyships.org. we did it again. verizon has been named america's most reliable network by rootmetrics. and our customers rated us #1 for network quality in america according to j.d. power. number one in reliability, 16 times in a row. most awarded for network quality, 27 times in a row. proving once again that nobody builds networks like verizon. that's why we're building 5g right, that's why there's only one best network. ♪ arthel: nearly one month after hurricane ida battered louisiana's gulf coast, gas outages are still widespread across the region. in new orleans close to a third of all gas stations are reporting shortages. officials say it may a take weeks to get all stations up and running. ida made landfall on august 29th as a category 4 hurricane causing massive power outages and doing a lot of damage to oil rigs and refineries. eric. eric: in new york city, a federal judge has blocked the school system from enforcing a vaccine mandate for teachers and staff. that mandate was set to take effect on monday. meantime, the deadline for new york state health care workers to get vaccinated, well, that's quickly approaching, raising concerns that hospital staffing could face shortages if too many hospital staff remain unvaxxed. that means out of a job. alex hogan live with more here in new york city. >> reporter: hi, eric. this new ruling putting the mandate on the back burner. the principal unions initially reacting to this policy saying, quote: any staffing shortage especially during a pandemic is a threat to the health and safety of both students and personnel. it is dangerous and irresponsible for the city to move forward with its plan to allow schools and centers to operate so severely understaffed. now today a federal judge blocking the ruling that was supposed to go into effect on monday. it would have mandated that everyone in the district's 1800 schools get at least one dose by the start this week or be suspended without pay. >> all our staff, all our teachers are to follow protocols. this is why we wanted a totally vaccinated system, first of all, for everyone's safety. >> reporter: the same goes for everyone working in a hospital or long-term care facility. they will need to get at least one dose of the vaccine. governor kathy hochul says about 84% of people have complied so far, still urging those who are undecided to get their shots. >> it would be profoundly unfair to your coworkers, the people entrusted in your care and all new yorkers that we will have our recovery held back by individuals who choose not to get vaccinated when we finally have life-saving vaccine that in other parts of the world people are clamoring for. shame on us if we don't take advantage of it. >> reporter: because of these potential shortages we could see in the coming weeks, schools have substitutes and hospitals have volunteers on standby moving in the upcoming days. eric? eric: alex, thanks so much. arthel? arthel: all right. well, a dallas man is giving back to his community by opening doors to students who may not be able to afford a high level education on their own. he is joining us next with his inspiring story. ♪ ♪ at usaa, we've been called too exclusive. because we only serve those who honorably served. all ranks, all branches, and their families. are we still exclusive? absolutely. and that's exactly why you should join. what's the #1 retinol brand are we still exclusive? absolutely. used most by dermatologists? it's neutrogena® rapid wrinkle repair® smooths the look of fine lines in 1-week, deep wrinkles in 4. so you can kiss wrinkles goodbye! neutrogena® arthel: a texas man who grew up in dalls where success and a good education were fleeting at best, he beet the odds and wants -- he beat the odds and wants to create a path for ohs. randy bowman joins us now. randy, good to have you. i read that the students are referred to scholars in residence. the title is empowering, i'm sure by design. so who is eligible and how do you select the students? >> first, thanks for having me this afternoon, i appreciate it. the kids are elementary school-aged kids because we need to improve their cognitive ability before they get beyond the formative years. so they're elementary school-aged kids, and we only accept impoverished kids into the program. so in order to be in this program, you have to meet the federal definition of poverty. and the only way to hand out an opportunity this unique is to do it by virtue of lottery. so parents choose this program, they apply for their children to be accepted into the program, and then the lottery determines which kids actually get a seat. arthel: it's not a place for troubled kids or not an escape from bad parents. what does at last boarding school provide for the students? >> oh, it's a place for kids who have parents who value education, believe in their child's ability to learn and willing to make a sacrifice for that to happen. and what we provide them with are the same educational resources and tools that they would have had had they had the good fortune of being born into a more prosperous family. it answers the question of how would impoverished kids perform if they had sufficient education resources and tools on a school day. arthel: and the students go to school during the day, and they live at at last boarding school sunday evening until friday morning, after school on friday they go home for the weekend. is the impact noticeable, and what's the feedback from students? >> so, number one, congratulations, you described it perfectly well. and the impact on the students has been outstanding. the bottom line is that every student who was with us last year and eligible to return last year wanted to return as did their parents. and what we're seeing in the kids is just a greater degree of confidence. but, honestly, i wouldn't have made this sacrifice just the create confidence without outcomes. the truth is during our first operating period the kids who had the greatest academic deficits, those who were averaging a failing grade in their core classes, improved their performance, improved their grades in those classes by 2 the 1% with our -- 21% with our program. the kids love it, they feel a lot more confident. the parents feel a lot more confident as well and empowered to impact the outcomes for their children, and we're getting great results, so i'm excited about that. arthel: how much is tuition? >> well, there is no tuition. if you wanted my mother to tell you that i could not participate in my program, all you had to do was tell her that it would cost her $5-10 a week because, honestly, we didn't have that latitude within the budget. i'm not going to ask the parents for the things that they don't have, which is money. i ask them for the things they do have. i need them pouring into their children the way that my mother poured into me, and i need them volunteering around this space to help us reduce our operating cost. they do that, and as long as they do that, they are doing everything that i need for them. arthel: it is a nonprofit, i want to let everybody know. the web site is at last boarding school do. and, by the way, on the home page, there is a butt to donate and apply at well -- button to donate. at last boarding school.com. ann randy, this is very phenomenal. i understand you are hoping to open two more schools. the campus is amazing, it's gorgeous. i love the natural hand scaping, and i was very impressed you have a female architect, mary hart, so shout-out to mary hart and good for you to including girls because we do rule the world. randy bowman, president and ceo of at last boarding school, thank you very much. >> thank you. take care. arthel: eric, good story, right? eric: exactly. glad you focused on it, arthel. arthel: very good. we'll take a short break, we're back at four eastern. hopefully you can join us next, "the journal editorial report" is up next. ♪ ♪ if zer tool? sorry? well, since you asked. it finds discounts and policy recommendations, so you only pay for what you need. limu, you're an animal! who's got the bird legs now? only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ most bladder leak pads were similar. until always discreet invented a pad that protects differently. with two rapiddry layers. for strong protection, that's always discreet. question your protection. try always discreet. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. whose resumes on indeed match your job criteria. we did it again. verizon has been named america's most reliable network by rootmetrics. and our customers rated us #1 for network quality in america according to j.d. power. number one in reliability, 16 times in a row. most awarded for network quality, 27 times in a row. proving once again that nobody builds networks like verizon. that's why we're building 5g right, that's why there's only one best network. 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