democratic president's agenda. the $1.5 billion hard infrastructure bill and the $3.5 trillion human infrastructure bill. >> all of a sudden, the tables get turned on us and we are now finding that people are saying, oh, no, just pass the infrastructure bill and you know what, we'll get to childcare later, we'll get to paid leave later. over half our caucus has said they will not just vote on the bipartisan infrastructure bill. we have to vote on the reconciliation bill first. >> so that debate is the starting point for president biden's series of white house meetings this afternoon, all with high stakes for this administration because, as nbc's first read asks today, can biden afford to see the infrastructure bill go down to defeat? we have a team of reporters covering the developments from the white house to capitol hill, they'll join us in a minute. first, we'll go to democratic congressman josh gottheimer of new jersey, cho care of the caucus of problem solvers and moderates. last month you led a group of nine house moderates who warned the house speaker you all wouldn't vote for the $3.5 trillion bill unless the house passed the physical infrastructure bill first, and that's how we arrived as monday the 27th as the date for the vote. is it your expectation that this vote still moves forward on monday? has the house speaker committee that to you? >> it is, we'll be voting monday, we'll start debating this bill. every single democrat in august came down and voted to make sure we sent this bill to the floor on monday, this monday, the 27th. it passed the senate, you've probably followed this, 19 republicans, and all the democrats. the bill creates 2 million jobs a year to fix or crumbling infrastructure, our roads, our bridges, our rails. this includes important climate resiliency to help fight climate change. this is such an important bill for the president. we want to back his agenda, we're going to do that, we're going to debate this bill and vote on it and come together and get it over the finish line. >> will it pass? as you know, congressman jayapal, says she will block this bill. >> it would be a shame if a democrat would block the president's bill, i don't understand why anyone would do that. of course speaker pelosi came out publicly when we agreed to vote on this on the 27th and said she will work hard to get every vote. no one gets votes like speaker pelosi, she's the best at it. we need it for our country, we need it for states like mine. it's 2 million jobs a year for working men and women. there's no reason we can't get this across the finish line and we're working so hard on reconciliation. i was in a meeting a few minutes ago on that. we're also going to get that done. i'm really optimistic about that as well. we've got to do both things but the bottom line is this coming monday, it's passed the senate, it's sitting in the house waiting for our action and ready to go. the other bill is still being written. we've got to keep working on that. but this bill is ready to be voted on, a big win for our country and very important for the president of the united states. >> what's your main beef with the reconciliation bill? it strikes me that you might want some concessions on tax relief for your new jersey constituents who lost their state and local tax deduction under the trump tax cuts, because president biden is now talking about raising taxes on people who make more than $400,000 in order to pay for the social spending in the reconciliation bill. northern new jersey, i don't have to tell you, has a high cost of living, $400,000 doesn't go as far in jersey as in other places. as both sides position for leverage, is the leverage you're trying to get making taxes lower, not higher, on the people you represent? >> well, of course i want taxes to be lower and more affordable so people can afford to live where we live. it's a beautiful place, it's very expensive. we're trying to get costs down and reinstate the local tax deduction. what we'll vote on in the house at the end is a bill that will get out of the senate. we'll get this passed in reconciliation, we'll get that done. it just takes work and we're working on it. the bottom line is the infrastructure, the bipartisan bill which every single democrat voted last month to bring it to the floor on the 27th, in case there's any confusion about that, everybody got behind it. yesterday speaker pelosi and whip clyburn and leader hoyer all said all engines are go. it includes everything from broadband to climate resiliency to roads, bridges, to the gateway tunnel. it's so important, and all those jobs there. so we can't mess around, we've got to get every democrat on the president's bill and vote on it on monday. >> on that point, what's your response to those democrats, those biden supporters who say that president biden's success is the only thing standing between this country and the republicans' return to power, and if every democratic lawmaker holds this legislative process hostage to his or her specific demands, democrats in the end look dysfunctional and it brings the party down and that the overriding imperative is to pull together and to make this president a success, and all of this intraparty infighting, this debate, serves no one. what's your response to that? >> i think you just made the exact case for why we have to vote on this bill on monday. the president wants it. we all got behind it. 69 senators got behind it, democrats and republicans. we'll have a bipartisan vote on monday in the house. there's no reason we shouldn't do this in the country and it's critically important for the president's agenda but it's a historic bipartisan win for the country and we need that right now, we need to show we can get that work done and fix those roads, bridges, tunnels, fix broadband, fix climate change. we can also keep working as we are right now and worked 'til late last night on the reconciliation bill. there's great progress being made there. i don't get why any democrat would block the president's agenda on monday and stop the infrastructure bill. that makes no sense to me. so i'm just optimistic we get that done. >> all right, josh gottheimer, democratic from new jersey, we'll check in with you after your meeting with the president. thanks for starting us off this hour. >> good to see you. >> you as well. nbc news correspondent monica alba, senior congressional correspondent garrett haake, and punch bowl news co-founder jake sherman. garrett, infrastructure should be a lay-up. infrastructure polls well. democrats haven't been able to gain ground on gun control, voting rights, immigration. infrastructure should be easy and yet it's not. distill this debate for us. >> the problem is that really nothing is easy when you have a 50/50 senate and a three-vote margin in the house and that's a reality that democrats are being continually confronted with on every issue. it takes just a handful of votes to block literally any priority. in the case of the infrastructure bill, you've got progressives who say regardless of the fact that they see it as tied to the broader social bill, the $3.5 trillion reconciliation bill, they think the infrastructure bill is just bad politics. they don't like the climate provisions in it. they think it could be bad ultimately on an environmental scale and that alone could be enough to slow that bill down in the house. and so what we're going to see today is an enormous lift by the president. the president of the united states, potentially the only person who can convince the disparate factions of the democratic caucus to hold hands and stuff together on stuff they don't love because nothing else is going to get through. we're seeing that on so many other issues and that makes today's meeting so pivotal. >> it's such a great point. monica, garrett's point about the president right now, he's scheduled to meet with pelosi and schumer first, at 3:30 he meets with the moderate democrats and at 5:30 he sits down with progressives. house majority leader steny hoyer, he's speaking of the president, "i hope he has the correct sauce." i'm getting president biden hopes he has the secret sauce as well. help us understand what's at stake. >> this afternoon of meetings, that's a lot of secret sauce the president needs to have with him, geoff, meeting with these different factions. a lot of it does come down to some personal relationships certainly which he does have and enjoys a bit more in the senate versus some of those lawmakers in the house. what the white house is really saying here is the president is coming into play a little more referee than closer in any other sense. the white house has been completely clear they feel and what they would like to see happen. remember, the president got himself in trouble earlier this year when he said he wouldn't sign one of these pieces of legislation without the other. then he walked that back. but the preference was clear he still wants these two to proceed in tandem. so the major question i have out of today and to white house press secretary jen psaki is has that shifted at all or does that change coming out of these meetings. because if they are going to have this vote on monday as you spoke to the congressman about on the hard physical infrastructure which we know the president really wants to get done because he wants to tout the fact that his bipartisan involvement is what he campaigned on, really trying to bring that to washington, but what happens to the other piece of it? he's going to be meeting separately with the progressives, the moderates, with leadership and trying to of course come together at the end of this and have at least a plan or a strategy. but as we've seen, many of these lawmakers are dug in, they say this has been my position from the beginning, why should i change now? so the question is what kind of influence or pressure the president can apply that gets either side to budge or concede or make a concession. we've seen the white house overall do that sometimes on the size and scope of some of their legislation but this is now coming down to within the own democratic family, how does the president come at the head of the table and hash this out internally. >> jake, i want to get your insights on this infrastructure debate and the trains running on parallel, perilous tracks. lawmakers have to avoid a government shutdown at the end of the month and have to raise the debt ceiling. senate minority leader mitch mcconnell says this is a democratic problem to be solved by democrats alone. take a look at this. >> the facts are indisputable. this is a totally democratic government. they have an obligation to raise the debt ceiling. and they will do it. >> and we should make clear that raising the debt ceiling pays for things that were done under a republican president, former president donald trump. so give us a sense of how that is likely to unfold at this point, and sort of your thoughts on what's happening here with infrastructure. >> first of all, to say that democrats are kind of nowhere on all these issues would be an understatement. mitch mcconnell is not going to budge. we have no evidence at hand that he's going to budge. i'm not here, geoff, to argue the morality of what he's doing. you're absolutely right that it includes money that's already been spent. it includes future money. money is fungible, you can count it in either direction. mitch mcconnell is not going to raise the debt ceiling. it seems like he has most of his republicans behind him. that means democrats are probably going to have to figure out a way to do it. they have a way to do it in reconciliation on a party line vote. government funding absent the debt ceiling is an easy lift. mcconnell and republicans will vote for it. they have eight days before the government runs out of money so they need to get going. it needs to come down to the wire because it always done. i want to say one thing on gottheimer. gottheimer knows exactly why the democrats won't vote for this infrastructure bill. he is very aware of that. it's because they want the reconciliation package. this is the same tactic he used a month ago when he said he wouldn't vote for the budget until he got a guarantee on infrastructure. he gave up his leverage a month ago, a little bit of his leverage a month ago, when he did not demand that vote on infrastructure and he took a promise from pelosi. and now what he's saying, if you pay attention, geoff already let me read the tea leaves for you, he says nancy pelosi is this great vote counter, she'll be able to do it. he's putting it on her plate. he's saying, if she's so great, she needs to get the votes for me. he's very clear on this because he used this tactic a month ago. it's not a bad tactic progressives are using are they're not going to vote for the infrastructure portion. it makes complete and total sense. and monica and garrett are a thousand percent right here, the only person who can unlock this, and i'm not sure he can unlock this, is joe biden. the white house is weigh up to a situation in the house that garrett and i have been covering now for several weeks if not months. this is an absolute mess, it's gone nowhere. it needs to get moving quickly because in the next six to eight weeks, i want to be clear, this could last until december. it's not a stretch this will probably last until november, could last until december. the white house is just getting involved. we'll see if the president, who has touted his ability on capitol hill, we'll see if he can unlock this. we're all eagerly awaiting that. >> wow. i remember talking to white house officials in july and august who were saying, oh, yeah, we're going to have infrastructure done by september. to hear this punted until november and december is really going. garrett, can you bring us up to speed about this new reporting from you and leigh ann caldwell about the future of police reform such that it exists on the hill now? >> it doesn't exist the hill, is the bottom line. talks between cory booker, tim scott, karen bass, to try to come to some bipartisan agreement on some kind of police reform legislation that could pass both chambers, have collapsed. bass and booker have spoken to reporters. they said they decided to pull out of these talks after it was clear they couldn't get to yes with tim scott and republicans. bass told me she would like to see the president take further action on this issue. and booker says he's not going to stop trying. and geoff, this speaks to, again, the challenges of trying to work with these really narrow majorities and how important this reconciliation effort is because on all the issues in which democrats have tried to negotiate with republicans, police reform, guns, voting rights, they have got nowhere. the other alternative is to do what you can with just your party through reconciliation. and we'll see where that track goes. >> garrett haake, monica alba, jake sherman, appreciate you all for starting us off this hour. top cdc advisers are meeting right now on the big question affecting so many of us, who needs covid vaccine boosters. desperation amid a surge in haitian refugees as those migrants are deported by the hundreds. and later, $100 million lawsuit. donald trump goes after members of the media and his own niece. stay with us. anna could only imagine a comfortable night's sleep without frequent heartburn waking her up. now, that dream... . ...is her reality. nexium 24hr stops acid before it starts, for all-day, all-night protection. can you imagine 24 hours without heartburn? 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>> it's a two-stage process. the food and drug administration has to give us an emergency use authorization. they haven't done that, unless it's been in the last 15 minutes that i've been waiting to get on with you. because the cdc can't make recommendations for a vaccine that's not available. so the fda is working within rather strict statutory guidelines about what they can do. look at this for just a moment. if they restrict themselves to everyone age 65 and older and then would like to include people who are younger than age 65, let's say health care workers and teachers, unless they have specific studies in health care workers and teachers, they can't do that. and so they're trying to figure out exactly under what circumstances the statutes will permit them to issue an emergency use authorization. and then the cdc will talk about that. tomorrow was a day slated for a vote. but if the fda doesn't come through, tomorrow's meeting will be postponed until friday or maybe even saturday. >> all right. we'll check back with you some day this week to get an update. dr. schaffner, great to see you. covid deaths and hospitalizations continue to surge across this country. the painful reality is that the overwhelming majority of patients filling up hospitals and icus right now are unvaccinated. people who didn't get a covid shot, and then it was too late. earlier this month my colleague gabe gutierrez traveled to montana to cover the surge of covid in billings, where he met patrick who was hospitalized with covid and spoke candidly about his regret that he did not get vaccinated. since then we've learned some tragic news. nbc's gabe gutierrez, what can you tell me about patrick? >> at that point when i spoke with him, he thought he was one of the lucky ones. his condition was improving, and he eventually said that when he recovered, he wanted to get the covid vaccine. but sadly he never got the chance. >> i wouldn't wish this stuff on my worst enemy at all. >> reporter: 24-year-old covid patient patrick had been hospitalized just over a week when we first met him earlier this month. >> deep breaths. >> take a breath. >> reporter: he struggled to breathe. but he wanted to keep talking, to share this message. >> as soon as i can, i'm going to get the vaccine. i highly recommend anyone to do it. this is a scary situation. >> reporter: do you regret not getting the vaccine? >> absolutely, a 100% regret not getting it. >> reporter: what were some things you were hearing? >> that the vaccine was not a real vaccine, that it was like something the government was trying to use on us. >> reporter: patrick was in the icu in billings, montana, already seeing its highest number of covid patients since last year. this is the er. they've set up overflow beds in the hallways. is it exhausting? >> it is. i've had days when i've thought i don't know if i can get up and continue to do this job. i've been a nurse for 30 years. i believe passionately in what we do. i want to make a difference for patients. i never thought i would be there. but i've had days that i felt i don't know that i can continue to do this. >> reporter: since then, she says, things have gotten worse. the hospital has limited ecmo treatments, external machines that can function as a critical patient's heart and lungs. administrators have discussed how best to get ready for what's known as critical standards of care, essentially guidelines for how to ration resources. >> this is heartbreaking. this is something i have never prepared myself for or never anticipated. >> reporter: and since we met, patrick took a turn for the worse. he was placed on a ventilator and died this weekend. >> every time we moved him, we weren't sure if the end was going to be in that moment. so i just wanted to be there to hold his hand. >> reporter: in just one week, patrick would have turned 25. he now leaves behind a young son. >> i, much like a lot of people in my age group, didn't really have a lot of proper information, was hearing a lot of propaganda, that covid is a conspiracy into, it's not real, a whole bunch of crap. this is very real, it's very scary. >> so hard to hear. he was just 24 years old and he is now the youngest covid patient to die in that montana hospital, geoff. >> just unspeakably tragic. gabe, thanks for bringing that story to us. still ahead, we'll go live to texas where haitian refugees are now being deported by the hundreds, many to a country they no longer know. later, gabby petito's death has now been ruled a homicide. so where is her fiance? 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along the southern border. we learned today the border patrol officer seen in these images and video appearing to use horse reins like whips against migrants in texas has been reassigned to desk duty pending investigation. right now at least 8,000 migrants, mostly haitians, remained camped under a bridge in del rio, texas. thousands have already been transferred to other dhs facilities and hundreds more have been deported to haiti, a country many of them haven't called home for years. joining us now from del rio, texas, is nbc news correspondent morgan chesky. so morgan, as these deportations escalate, the situation seems to be getting more desperate for these migrants. what are you seeing in del rio? >> reporter: geoff, we had a chance to get the closest we have yet to this camp that is holding people that have now been beneath this bridge for more than a week. and it really is startling to see how in such a short timespan, people have created a virtual tent city there. we saw children playing with toys in the shade of that border bridge, men and women filling up water bottles at these massive tanks that have been put into place by border patrol there. that is essentially how life is going day to day here, with the impending realization that already more than a thousand of those fellow haitians who came over this river have already been sent back to haiti. those numbers according to the department of homeland security. and so you're right, tensions are rising. they do know the consequences at stake here. and yet they wait beneath that bridge, trying to find whatever food, water they can that's being handed out. there were several that were able to go back into mexico and get food. that's no longer being allowed by texas dps which remains on the border, those cruisers parked on the river banks. we have seen more supplies going into the camp. that said, we've seen the numbers drop considerably. we're now less than 6,000 migrants beneath that bridge for the first time in more than a week. you mentioned those being processed in other cities, laredo, el paso, houston, where they're not dealing with the overcrowding issue. we're learning today that thousands who are claiming asylum will be allowed to at least stay in the u.s. for some time. we know those who have gone through processing have received a notice to appear and face an i.c.e. court, i.c.e. judge, rather, within 60 days. in some cases ankle monitors will be used. officials are saying that has become a more common practice simply due to the surge of migrants not just from haiti but elsewhere over the past year. that fast tracks the system because it allows them to not necessarily have to wait to be detained but to stay in the u.s., on u.s. soil, and then face an immigration judge here within about two months' time, geoff. >> morgan chesky, thanks for the breaking news there from the border. joining us now, "miami herald" caribbean correspondent jack lean charles and the executive director of the national immigration law center. welcome to you both. jacqueline, i want to start with you. you've been covering haiti for over a decade. in your latest reporting you talk about the images that we showed at the start of this segment, how they remind lots of haitians of past mistreatment. tell us more about that. >> yes, being from miami, most haitians understand there has been this double standard. we can talk about the migrants who apply for residency. 60,000 haitians who at the height of the crisis in 1991, there were unaccompanied children returned back to haiti. during the boatlift which we know very well in miami, people forget there were also haitian migrants who also appeared then. haitians have also been seen as refugees. there was suppression but the u.s. government supported the dictatorship and turned haitians away when they started to arrive by boat mostly in florida in the 1970s. this is what haitians are referring to, it doesn't matter to them, it took them back to the slave patrols and for haitians it's a reminder of the double standard in u.s. immigration policy. >> haiti, as you well know, has a singular history of having fought back against slavery, having fought back against colonization. it paid mightily for that and that destabilization continues to this day. so yes, i can see the point you make when you talk about how the images bring up memories for people. seeking asylum is a legal right, yet thousands of haitians who have survived devastating natural disasters, political violence, are being denied due process. we heard the dhs secretary talk about how the route they took from mexico to that bridge was irregular migration and because of that they're being sent home. talk to us about this double standard, as jacqueline put it, for the haitian people. >> yes, thank you for the invitation. jacqueline is absolutely right. from the beginning of our country, this country has an immigration system that is based on race and class. it has been racialized. haitians have been treated differently than cubans and other migrants. i would say even today at a time when we're welcoing refugees from afghanistan as we should be, we should be welcoming haitians from a country that is in turmoil right now. the united states has a responsibility to make sure individuals can exercise their legal right to seek asylum and seek safety in our country. >> when you talk about the double standard, there are more than 100,000 canadians living under the radar here in the u.s. illegally. nearly half the estimated 11 million undocumented immigrants who are in this country, they didn't come across the border, they flew in with a visa and overstayed that visa. the history of immigration and immigrants who are deemed desirable versus undesirable, how does that manifest? how does that show up in our current immigration policy? >> yeah, it's not surprising, right, that given the white supremacist roots of this nation, that our immigration system is also reflective of that antiblackness that exists. and so, you know, the situation that we have right now, geoff, is that we have the biden administration that has prioritized racial equity and racial justice, and for this to be happening, for black migrants to be deported, for haitian migrants to be deported to a country that is suffering a recent earthquake and a political assassination of their president, this is just completely unacceptable. so we are urging the administration to ensure that they stop deportations back to haiti, that they provide the due process that is necessary to ensure that these individuals have the opportunity to go through our legal immigration system. and look, it's important to remember that the last administration decimated our asylum and refugee system and that president biden ran on a vision for 21st century immigration system that is grounded in racial and economic equity that centers the humanity and dignity of migrants. we need them to go back to that vision and implement that vision and to stop what they're doing right now at the border, which is immoral and inhumane and cruel as well. >> i'm sorry, our time is short this afternoon, i certainly appreciate your insights and willingness to speak with us. an autopsy confirmed a body found in a national park is that of missing gabby petito. her death has been ruled a homicide. her boyfriend brian laundrie, who was named a person of interest in the case after returning home without her, has disappeared. authorities are searching for him in a wildlife refuge where his family said he went hiking before he went missing. coming is alleging in a new million lawsuit. steps forward. moving ahead. whatever the pace. and whatever the size. that's why we set out to help make it easier for everyone to move forward financially. with small business, personal banking, wealth, and corporate solutions that help you reach your goals and plan for the future... it's a girl! ...we're doing 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>> he's repeating a claim he's made that he's a victim of the media. the first amendment is not an absolute bar to a lawsuit, state lawsuit like this against the press for doing -- interfering with a contract. but it is a significant hurd el and one that would be quite hard for them to surmount. this nondisclosure agreement has already been deemed by a different court to be too vague to be enforced. as a general matter, there are some exceptions, but when two litigants resolve an issue and that same issue comes up between those same two litigants in a different court, if the issue has already been determined, the court will not relitigate that question. if this underlying contractual provision is unenforceable, then the whole lawsuit falls apart. so without having seen the contract, and without having analyzed it, it does look like a pretty weak lawsuit. >> i want to ask you about this defamation suit, dominion voting systems providing documents, hard and fast facts to prove that the trump campaign lawyers, when they talked about how dominion was conspiring to steal the election, that that was a big lie. what does that open up the former trump campaign up to? >> there are a couple of things. there are already defendants who have been, as you say, accused of defamation, particularly rudy giuliani and sidney powell. this certainly does not help their position in that lawsuit, because first of all, it makes it seem like this is not a particularly controversial question. it's kind of obvious that these were lies. it's so obvious that the campaign itself knew they were lies. so it makes it more difficult for them to claim, oh, my god, we didn't know. the standard is that they had to have either knowledge or reckless disregard of the truth. and that makes it easier to prove those two things. second of all, there is a question of whether more lawsuits are to come. with this revelation, there is the possibility that dominion or one of dominion's former employees or current employees might bring another lawsuit or include defendants like donald trump or the trump campaign, because there is an increasing sense that they may have had knowledge that some things they were putting out were false when they put it out. that makes a pretty strong defamation case. >> thanks for your reporting and your insights, appreciate it. up next, the pandemic and education. can we reverse learning losses from a year or more out of the classroom? 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$2 billion given from the federal government to school districts. 20% of them they stipulate to go to learning loss and very loosely defined and seeing big differences in how districts define that and in chicago with the high dosage tutoring program there's a lot of tensions between local school councils and activist groups saying they're not con adulted and kids are not getting the services and creating anxiety for individuals like miss spencer saying she has yet to get the services. >> heidi, shining a light on the cascading consequences of this pandemic, thank you. a volcanic eruption in the canary islands is now in its fourth day and it could last for months. molly hunter has more. >> reporter: unstoppable lava swallowed the island. the voluntarily cano so massive it could last for months spewing ash and smoke and lava into the air now racing down towards villages towards the sea, a drone overhead catching the moment lava crashes into a swimming pool. everything above the house black and destroyed. >> it is like a science fiction film. >> reporter: more than 6,000 people evacuated. we feel powerless. we can't do anything against a voluntarily cano this man says. it's the first eruption in 50 years but so far evacuations are saving lives and officials say no injuries or fatalities on the island. >> and that does it for us today. hallie jackson picks up the coverage next. as carla wonders if she can retire sooner, she'll revisit her plan with fidelity. and with a scenario that makes it a possibility, she'll enjoy her dream right now. that's the planning effect, from fidelity. we gave new zzzquil pure zzzs restorative herbal sleep right now. to people who were tired of being tired. i've never slept like this before. i've never woken up like this before. crafted with clinically studied plant-based ingredients that work naturally with your body. for restorative sleep like never before. mm. 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