administration, migrant children are being allowed through. the why, why are they coming, is much more complicated. most reports show migrants fleeing poverty, violence, natural disasters in their home countries. some come to reunite with family members. this video shows dozens of migrants after they crossed the rio grand river on rafts waiting to apply for asylum in texas. to be clear, there is an increase in migrants at the border. last month they encountered 3500 migrants per day. this past friday 5500 were encountered at the southern border according to internal data from customs and border patrol obtained by nbc news. 2,000 were families. around 200 were expelled. the rest allowed to stay in the u.s. to await their court dates. of the 2800 single adults encountered friday, nearly 2200 were denied entry. there is, of course, lots of finger pointing around the increase. >> this crisis is created by the presidential policies of this new administration. there's no other way to claim it than a biden border crisis. >> texas is willing to step up and help out, but this is the biden administration's responsibility. >> i'm very concerned that the administration's rhetoric and policies are encouraging more to attempt this dangerous journey. >> our message has been straightforward and simple. it is true, the border is closed. we are expelling families, we are expelling single adults, and we've made a decision that we will not expel young, vulnerable children. i think we are executing on our plans, and quite frankly when we are finished doing so, the american public will look back on this and say we have secured our border and upheld our values and our principles as a nation. >> as reuters explains, republicans argue biden has encouraged legal immigration by rolling back trump's policies, but border arrests have been gradually rising since a sharp decline in april 2020. april 2020, as countries shut borders due to the pandemic. again, these increases are not new. look at the data. back in 2014, do you see that line? under obama. and then in 2019 over to the right under trump there were similar spikes. a side note i take issue with a lot of the language that's being thrown around to describe this situation, even by people who don't intend to be inflammatory or inaccurate, so i won't be using words like surge or wave to describe the situation because i never want to forget that what we are really talking about is people. we are talking about people for whom home has become so dangerous and so untenable it's a question of basic survival, that they have decided to travel thousands of miles in the hopes that america will provide refuge and relief. this all brings us to the big question, is this a crisis? kids showing up at a border without capacity to house and place them swiftly with existing family? yes, that is a humanitarian crisis. let's not forget about mexico too where living in a shelter is a way of life as recently reported by my colleague, gabe gutierrez. >> reporter: youngest children is all they know, an agonizing wait for asylum. we're desperate. we want the best for our kids she tells us. she and other mothers allowed us to film their families. right now there are 80 or so migrants in this shelter. some have been waiting more than a year. they feel like they're in immigration limbo. >> yes, that too is a humanitarian crisis. but instead of focusing on those migrants and how we help them, the problem is that the word "crisis" gets weaponized to make americans believe that they have something to fear, that they have something to lose. that's how we end up with big, beautiful walls that don't work. that's how we end up distracted from the real people, the real things that threaten our safety and our security. joining me now is the chief advocacy officer and the chair of families belong together. she's also director of civil engagement for the national domestic workers alliance. jess, president biden just moments ago returning to the white house from camp david was asked if he plans to visit the border. take a listen. >> are you thinking of going to the border? >> at some point i will, yes. >> do you want to see firsthand what's going on in those facilities? >> i know what's going on in those facilities. >> jess, it does seem that when lawmakers go to the border this takes on a different sense of passion, of urgency. how soon do you believe the president needs to head down there? and what message will it send that the administration is prioritizing that trip? >> you know, the biden administration has already sent officials down there, which i think was really smart. they reported directly back to the president. i do think it's important for the president and vice president to go down there to see what's really happening. we have seen this happen in 2018 and in 2014. this is especially important because republicans are going down to the border right now and they're using their bully pulpit to spread complete misinformation and lies about what's happening. we need moral leadership from president biden, from vice president harris, to make sure that we talk about the truth of what is happening right now, which is absolutely different from what republicans are trying to pretend is the situation at this border. >> jess, tease that out for me. when you talk about the misinformation that you're hearing, i think it is really important that people understand and are able to sort and sift through it for themselves. what is the misinformation and what is the truth of what we are watching at the southern border. >> i would say that we are in a challenge right now. republicans are calling it a surge, they are calling it a crisis. i would say this is a challenging time in our country's history. but this is because of the backlog created by president trump and stephen miller and their evil immigration policies. we are cleaning up that backlog now. and we are seeing some more children. it's getting warm outside, i don't know if you've noticed, and so everybody wants to get outside. of course i think after four years of such terrible evil policies, it doesn't surprise me that people are thinking about whether or not they could make a long denied journey to the united states. and so it's very important for us to know all of that. it's hurricane season in central america. that's also why people are coming here. so all of this is incredibly logical, easily explained, and based in facts, unlike what republicans are doing, which is playing to people's fears and playing to people's racism. they're in fact following the trump playbook. what we saw over the last four years with the trump immigration playbook is that it was all about fear. it was all about the worst parts of our government and our system. we can't go back to that in any policy and especially in trump's signature immigration policy. >> erica, i want to play sound from secretary mayorkas on fox this morning. take a listen. >> are you suggesting that every minor, that thousands and thousands of minors coming across this country has a legitimate asylum claim and that a lot of them aren't just coming across the border because they want to have a better life here, which is understandable, but isn't necessarily our responsibility? >> we are encouraging families not to send their children along the dangerous journey because so many do not make it safely. we are encouraging them not to do so. yet if they arrive at the border, we have a responsibility to allow them to make their claims under united states law and to address -- these are vulnerable children. >> erica, you have been leading on this issue as long as i have known you. you have been out in front during the obama years, during the trump years, now during the biden years and that is because this is lived, this is personal for you. what should lawmakers understand about what their responsibility is when it comes to these people who are seeking asylum at our border? >> well, first of all, we have to go back to some of the things that you were saying about the humanity, right? when you talk about a crisis, people are going to hear different context of the word. some people are going to hear crisis and think, oh, my god, we're getting invaded. sort of the fox rhetoric that usually happens. some people are going to wonder what is going on with the children. and so there's a lot that people might think of, right? to me i think about the human beings that are crossing the border and the children who are crossing the border. i was one of them. i was 11 years old when my mom -- when my 2-year-old brother, my little brother, we were crossing the border. we tried three times. we were arrested by the border patrol. trust me, it is absolutely scary. it is so scary to do that, but we did it because we needed to find a place where we could be safe and we needed to find a place where we could find a home. and that's what we decided to do. and i see that in a lot of the children that we see, when we do legal intakes, when we talk to them and try to figure out where they're from, why they're leaving. we realize that it's not just about the pulling factors. it's not just about the u.s. seeming like a really beautiful place to come, but also the reasons why they're leaving is very important for us to talk about and it needs to be noted. and politicians need to talk about that as well, not just the reasons why they're coming, but why are they leaving and what are we going to do about it and how are we going to become a welcoming country that we should be. >> let's talk, jess, about what it would look like to be a welcoming country that welcomes with dignity. the biden administration opening a new overflow facility in texas. axios also reports it's spending $86 million for hotel rooms to house around 1200 families. can you give us a sense what's realistic when it comes to providing safe, adequate shelter for these migrants? >> i think the most important thing to say is that under normal circumstances we don't want anyone to be in detention. we believe deeply that it's important to end detention in all its forms. because the trump government has left our system completely decimated, you know, i think the biden folks are in a little bit of a bind. that's why it's really important to get children out of detention as fast as possible, even if it's in an orr facility and reunite them with their family in the united states or other responsible adults like sponsors. it's also really important to make sure that the conditions inside those facilities for children mirror a normal childhood as much as humanly possible. again, it's not possible to do that and that's why people need to get out of detention. but while in the custody of the u.s. government, we need to make sure they're getting adequate care and attention. they need school, meals, time-out side. time for things normal kids do like play and sing and art. if we cannot do that we are not meeting our obligation to keep these children safe and treat them with dignity and respect. it is absolutely essential that children are at the forefront of this because we have a responsibility to take care of every single one as if they were our children. i'm not a mom but one of my friends who was a mom said to me if my kids showed up on someone's doorstep, i would want them to treat them the way i treat my own children and that really resonates with me. so i think it's really important that we treat these children as if they were our own. >> erika, i have 30 seconds, but i want to give you the final word. >> yes, we have to look ahead. what are we going to do for this challenge not to be a challenge next year or in the next few years, and it has been for years now. it doesn't have to be. so let's look ahead and let's meet the challenge right now and ensure that moving forward we are working and that we are really demanding the biden administration that we work towards creating a system at the border that is welcoming people and ready to welcome the children that are coming to seek a better life in this country. we can do it. i know we can do it. we're the united states of america. we can do it. >> erika, jess, thank you for your time. still ahead, senator ron johnson doubles down on racist comments about the capitol attack, as we learn new details about the investigation and what detectives are doing to track down each and every member of that mob. plus, how can all of us help end asian hate. i'll ask actress olivia munn. we've got breaking news out of miami beach. the city extending its curfew after violent clashes overnight. details straight ahead. first to richard lui with a look at the other big stories we are watching this hour on msnbc. yeah, defense secretary lloyd austin made a surprise visit to afghanistan today. he met with the afghan president. it comes as president biden considers keeping u.s. troops in afghanistan past the current may 1st withdrawal deadline. that deadline negotiated between the taliban and the trump administration last year. arkansas set to lift its mask mandate at the end of the month. it's the seventh state to ease mask restrictions. cases across arkansas have leveled out, but experts warn covid variants could change all of that. and march madness under way and one team has already lost to covid. vcu was forced to forfeit their first round game against oregon saturday after multiple vcu players tested positive. more "american voices" right after this break. after this break ♪ a pair of jeans that fit just right ♪ ♪ and the radio up ♪ get 5 boneless wings for $1 with any handcrafted burger. only at applebee's. cell phone repair. did you know liberty mutual customizes your car insurance so you only pay for what you need? 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and why was it able to go on for so long without more people, more major media institutions taking note? >> well, look, first of all, really credit to alicia and your team there. i was emailing everybody trying to get people to care and msnbc cared and your show cared. i think you were the first really show that highlighted all of this. and since the beginning of this pandemic, i think we've seen, what, 3,800 anti-asian racist incidents, mostly against asian women just in the past year. and i think to me what that really signifies is how in many ways asian americans in this country, asian americans and pacific islanders have been rendered invisible. we're like the invisible within the invisibles, but we're not invisible to us. we are the fastest growing racial group, the fastest growing immigrant group. there's so many facts. for example, something as basic as income inequality among asian americans are the greatest out of any racial group and that's totally against the model minority that asians have had to battle since the '80s. >> there is that wealth disparity that jose is talking about. there's the fact you're talking about multiple countries of origin. you are talking about a multi-linguistic group. it's very easy to flatten it, for a group to be both invisible and in the streets at this moment to feel hypervisible. i also feel in the sense as i'm checking in on my friends which we have been taught to do when any of these communities feel under attack, thanks for the call, thank you for checking in but what else, what more are you going to do. what is the answer to the question of how do we continue to push this forward? >> absolutely. it's part policy and part communities. this sounds soft, but let's not forget as we learned with slavery, even though the 13th amendment was ratified in 1865, it would be decades before black americans could vote, could own the home they live in and could even to this day have financial and social parity. so citizens need to do two things. a lot of these families and victims' families need near term relief. their matriarchs, their fathers and so forth are physically incapacitated. so going to donate at go fund me.com is one place we need to start. the second place we need to go as jose alluded to is a disproportionate number of attacks have been against asian women. whether you see it in the streets were explicitly in corporations with asian women are the least likely to be promoted to management, we have a broader systemic problem. and so i think this is the second place where we go. our focus has been, one, how do we deploy and collaborate with the media to project affirming and positive portrayals of asian women and asians in general. secondly, how do we put our eyes where our hands are and wallets are and start investing in these businesses as well. the last point is aapi businesses have been the most disproportionately economically impacted in this country. by the way, multi-culturally owned small businesses have been the most negatively impacted. this is something whether it's a restaurant or otherwise, each of us can start to patron every day, every week to help them weather the storm. as tacky as it sounds, money outside of policy in the streets is another way we can unify these multi-cultural groups to address these systemic processes. >> i love that the two men on the panel are the one who brought up the question of gender but i want to loop back to you. as jose said, there is research from stop aapi hate showing nearly 3,800 anti-asian incidents last year. women have reported twice as many anti-asian incidents as men. what does that tell you that more women, that women are more likely to be targeted when it comes to the asian american community? >> we're targeted because we're more vulnerable. asian women and the elderly. if you look at who's being attacked, there are people who really don't have the strength to fight back. and we need help. we need people to see what's happening to us and we need people to stand up and say something and to stop it, because right now we are being targeted, and especially these groups. there's a reason why this guy, the shooter in atlanta, went to only asian spas. you know, there is a race issue there. it was a hate crime, but also he was targeting women. we are fettishized in this country and it's interesting what you said, alicia, about being invisible and then also feeling like we're hyperinvisible right now. it's people -- our pain is invisible, but our faces are not to people. it's just this -- it's a really -- it's really hard for us to know what to do right now with all of that, if that makes sense. >> of course it makes sense. jose, you and i talk a lot about the power of representation because we're both people who believe in the power of representation. i also think, one, we are running up against a way where the representation of this community has been severely limited. you always remind me there is a spate of immigration but i wonder if we're running up against the limitation of representation period. >> bing just said there is a ceiling even though asian americans and asian american women make it professionally, there's only a level they can go. but there is where i think intersectionality, how do we actually put that into action? how do we speak up? i love the fact that alicia menendez is the person that got talking about anti-asian violence before anybody else on tv more than a month ago, right? that is intersectionality at work. how do we speak up for people whose identity are not our own? we were texting the other day with some friends and how incredible it is to see black people, white people, latinx people going out there and saying stop asian hate. to me that kind of commonality and struggle and speaking up for each other is going to be the key to creating the america that protects all of us. >> bing, that's the same thing we watched play out in the spring with black lives matter protests and the thing that people kept highlighting that there was a multi ethnic, multi cultural group in the streets. if you understand this issue, you understand that no one is safe until all of us is safe. how do you begin to include that ethos and make sure aapi communities are included when we talk about these conversations of equity and equality? >> i think it's a couple of things. one is we've been so gratified and honor that naacp called os of us the night atlanta happened and asked what can we do? our they have to get credit for that. secondly, there is a whole new generation of asian american pacific islanders who are more vocal than our elders ever were and so i think inserting ourselves in the conversation, demanding to be heard and being smart about how we sustain it through commerciality investing in businesses and otherwise is how we're going to get this done. >> thank you all. next, it is not just the racist comments senator ron johnson is taking the lead on the republican effort to rewrite history on the capitol attack. the security fence is down butt investigation continues. jill wine-banks helps me sort out a wave of new indictments. and for stephen breyer, is it now or never when it comes to retirement? first, a look at what is ahead right here on msnbc. i'm joshua johnson. tonight at 9:00 eastern, gretchen whitmer will join us. her state recently recorded its highest single day increase in covid cases in ten weeks. what does she plan to do with michigan's portion of the american rescue plan's funding? 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( piano glissando ) i think you better double them tots. no, this me was last year. i didn't get my madness last year, so we're doing double the madness this year. wisconsin senator ron johnson under fire tonight for comments he made about capitol hill insurrectionists. at an event back home saturday, the congressman spoke glowingly about the mob. quote, they're not armed yip sur rekzists, they're not rioters, they're not terrorists, okay? they love this country. they know what made it great. they love law enforcement. they support law enforcement. well, that comment comes as authorities are now starting to remove security fencing surrounding the capitol complex after two and a half months of it looking like a fortified militarized complex. joining me now, former watergate prosecutor jill wine-banks, an msnbc contributor, co-host and author of "the watergate girl." federal investigators this week released new videos of ten people suspected of some of the most violent attacks on officers. they reportedly got so many tips that they stopped counting. jill, given the severity of their actions caught on camera, what types of charges will these people likely face? >> i hope they will face the maximum charges, not just illegal entry. but they could be charged with the same charges that the chicago seven conspiracy trial people were charged with, which is crossing state lines to incite a riot, because that's what they did. they also could be charged with attacking law enforcement. and for ron johnson to say they love law enforcement, they love this country, is absurd when you watch these videos and you see that they attacked law enforcement. they beat them. they squeezed one between the door until he could barely breathe. these are not people who love our country, who love democracy. they wanted to stop democracy. they wanted to stop the senate from fulfilling its constitutional responsibilities. >> i could not say it any better myself. jill, there is a rapidly growing roster of defendants, 300 so far. that number is expected to grow. u.s. attorneys are seeking a delay. where do you think this goes from here? >> i think they will keep on looking. the videos are providing a lot of ways to track people down. as you noted, they're getting more responses than they could have ever possibly handle. so they will keep on looking until they find all of the people who are guilty. but i think the next step has to be all of the people who organized this. not just the people who broke in, the people who riled them up, the people who incited them to this action, the people who lied about there being fraud in the election, the people who filed fake lawsuits should be held accountable for that as well as for the riot that resulted. so there's a lot of criminal conduct still to be investigated. the district of columbia is looking into the conduct and then of course there's also the conduct involving trying to change the election outcome through lawsuits and through phone calls and so there's a lot of criminal cases pending that revolve around january 6th insurrection. >> and you have roger stone's name showing up in a court filing thursday involving several members of the oath keepers. one of them texted about acting as stone's security guard before the riot. another was shown photographed next to stone at a book signing. what have we learned from these filings about stone's connection to the capitol rioters? >> it's looking more and more like he was an active participant in creating, funding, encouraging the riot and could be held accountable for that. but the evidence is still not clear enough to me that i would feel comfortable saying he will be indicted for his role. having bad people as your body guards is not illegal, but since they were very much involved in the insurrection, it does suggest that possibly he also was. and he deserves to be investigated for that along with the oath keepers and all the other people who have sponsored this terrible activity. and that includes, of course, the former occupant of the white house who invited people to come to do exactly what they ended up doing. that's what they were there for. >> so, jill, while we were talking, i believe the top prosecutor in this case said that one of the likely charges they are looking at is sedition. i wonder if that surprises you, what you make of that? >> no. as i said, there are a number of laws that have been violated that can be used. some are used more often than others. all of the people can be charged with conspiracy. that does not require that you know each other when you act in concert. it just means that you conducted an overt act in furtherance of an agreement to do something. clearly there was an agreement to stop congress from being able to finish the certification of the election results. that is an obstruction of our democracy and it can be considered insurrection or sedition. so there definitely are possibilities. as i said also, travel across state lines for this purpose is illegal as a federal offense. and then there are all kinds of offenses within the district of columbia for just violating laws of trespass and property damage and those are federal because it was federal property that was damaged. >> all right. jill wine-banks, thank you so much. the minimum wage debate has a lot of lawmakers using the "f" word, you know, filibuster. that's next. th'sat next. it all starts with an invitation... ...to experience lexus. the invitation to lexus sales event. get 0% apr financing on the 2021 is 300. experience amazing at your lexus dealer. get 0% apr financing on the 2021 is 300. experi♪ ♪ ♪amazing at your lexus dealer. when it comes to your financial health, just a few small steps can make a real difference. ♪ ♪ ♪ learn, save and spend with guidance from chase. confidence feels good. chase. make more of what's yours. ♪ limu emu & doug ♪ hey limu! 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>> i think that this debate has become a far larger one than i think people would have expected five, ten years ago. the minimum wage hasn't changed since 2009, but you're starting to see support for waging the minimum wage to $15. to start the federal minimum wage is $7.25. that's not enough to pay for virtually anything, including a one-bedroom apartment in 90% of u.s. counties or two-bedroom apartment anywhere in the united states. so many states have a minimum wage that's higher than the federal minimum. california has a higher minimum wage. d.c. does as well. and a number of southern states, arkansas. this is an issue that's starting to get cross currents across the political aisle. however, it has not yet gained the kind of credence that a lot of progressives wanted to see, especially over the arguments over covid relief especially because i think there are some people who argue that raising the minimum wage is not the right way to challenge poverty and is perhaps too expensive. i think that's something we wanted to do on our podcast is illustrate there's a lot of ways to discuss the minimum wage, it's different at $15 than it is $12, which a lot of states have. it's far more complex than #the fightfor15. >> here is what press secretary jen psaki said about his reluctance to scrap the filibuster. take a listen. >> he talked earlier this week about whether to be harder and not easier to block legislation, return to the talking filibuster, which is an idea that's been put out there. it shouldn't be so easy to do it. his preference is not to make changes because he wants democrats and republicans to work together. he wants to find a way forward. >> two questions for you. what are biden's paths to passing a higher minimum wage? and whether or not there's going to be movement on the filibuster, what do you think we're going to see this coming week? >> alicia, he has two opgs. the first is to cut a deal where democrats can live with the outcome and also get ten republican senators on board, that gets it over the 60 vote hurdle. the other is try to push through minimum wage hike with 50 members that gets you away from that intractable 60-vote hurdle. either way, the fight for 15 campaign is unlikely to succeed onity own here. there aren't 50 votes for $15 minimum wage. there are 50 votes, at least, for a minimum wage hike above the $7.25 hour at this point. that's the negotiation that the white house would be looking at. they could do more on policy with 50 votes. that was the standard than they would have to with 60 because republicans are making demands such as stricter immigration enforcement, that the white house doesn't want to give up on this debate and some republicans only want to go as high as 10. so progressives have a real fight on their hands, how much to give and which paths to take. >> gop senator josh hawley rarely aligns with progressives to say the least. let's take a listen. >> big korpgs, saying you've got to pay $15. small businesses, they could pay a little bit lower. that helps them stay in business. helps them be able to make a go of it. >> so, jane, put that video in context for us. how are conservatives framing the conversation around fair pay? >> it's important to note that what senator hawley is attempting to go after is social media companies, he's not thinking about the greatness of the american union. he's thinking about culture war having to do with amazon.com. and it's important to note also that the federal minimum wage does not apply to businesses that make over $500,000 a year. there's already small businesses that are exempt from paying what the current federal minimum wage is. it's the same thing as efforts to pass laws in states that would weaken section 230 of the communications decency act. actions to go after specific large companies. a lot of large companies have already raised their minimum wage. walmart, amazon, for example, because of both internal and external pressure. but i think what senator hawley is attempting to do is, one, prove his pop will you say bona fide, something he's attempting to do, the trump without trump messaging on this particular aspect. but i also think that this is a not-too-subtle way to go after social media big-tech companies. >> you said big progressives have a hard fight ahead of them no matter how it plays out. very often, though, you were able to step back and give me the most likely scenario of how something will play out. is this something that gets done in omni, is this something that rolls over to next year? is this something that ends up being gradual rollout? where do you think this lands? >> alicia, it's fair to say that they're not going to relent until something happens. they have public opinion on their side. president biden is on board with the $15 minimum wage. he made that promise. he disappointed a lot of progressives in the covid relief bill when it had to be stripped out. he will be motivated to deliver. every democrat in the house and senate wants the higher minimum wage. the question is how they do it. there will have to be a series of hurdles that will have to be crossed here. the bill getting filibustered, and then, to your question, the most likely scenario, if they don't see a path around the filibuster, is to change the way it works, is to weaken that hurdle, force people to talk on the senate floor, create a barrier that ultimately the majority can outlast the minority and push something through. >> jane, sahil thank you very much. >> jane, sahil thank you very much darrell's family uses gain flings now so their laundry smells more amazing than ever. isn't that the dog's towel? 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i'll talk to one of the top legal experts. >> let's call it what it is. america has a long anti-asian history. i'll talk with