appeals which overnight put a hold on the texas law scheduling arguments on that by zoom on an emergency basis underway today. we will have the latest on the court's decision as immigration expects watch with concern. former president trump's grip on the republican party tightens as his preferred senate candidate cruises to victory in ohio to run against democratic senator brown. that sets up what could be the most critical contest to decide whether the democrats can hold on to the one-seat senate majority. on capitol hill, israel's prime minister benjamin netanyahu speaking to today's weekly republican caucus as he tries to shore up support for his plans to innovate rafah, despite president biden's argument that it could produce mass casualties. ♪♪ good day, everyone. i'm andrea mitchell in washington. today we are witnessing a real-time power struggle between the federal government and the state of texas. this comes after the supreme court punted a controversial texas law back to the 5th circuit court of appeals last night. it would allow the state instead of the federal government to enforce the deportation of undocumented immigrants. this sparked fears among immigrant rights groups about a lack of due process and racial profiling. the texas law is on hold again after a whiplash of court rulings in the past 24 hours. the 5th circuit is hearing arguments to determine whether the law can go into affect pending arguments two weeks from now and a final decision on the constitutionality. enforcement of the texas is complicated. local texas law enforcement would be able to arrest people, even asylum seekers, on the suspicion that they had illegally crossed the border. the state judges could deport them. the 5th circuit fast tracked the hearing after the supreme court in a split decision overturned a lower court as decision that put enforcement on hold while appeals by immigrant advocacy groups and the department of justice are decided. hours later, in the middle of the night our time, the 5th circuit put it back on hold and then set today's hearing. ken dilanian has been monitoring all of these arguments. this is one of the most complicated back and forths between the supremes and a district court i have ever seen. talk to us about this. any highlights from the hearing? >> it is a murky legal thicket. you explained it very well. daniel barns, who has been listening to the hearing, says it's not going well for the state of texas in front of the three-judge panel at the conservative 5th circuit court of appeals that texas lawyers are having trouble explaining how some parts of this law would work. that's one of the big issues here. there are logistical issues with how this law can be enforced. for example, mexico has said that they will not accept people deported by texas. stepping back, traditionally, the courts have held and the federal government believes that immigration and the national border is entirely a federal responsibility. texas is making an argument the united states has abdicated its responsibilities for securing the border. therefore, texas has to step in. the supreme court declined to block the law. threw it back to the 5th circuit. they are looking at it on the merits. in theory, we could have a ruling on this rather quickly. >> ken, in the political context, this is one of the hottest issues, if not the hottest issue in the campaign. we are seeing that in exit polls. iowa passed a similar bill yesterday. the governor there plans to sign it. arizona's governor vetoed a similar bill last year. we remember the outrage over arizona's 2010 show me your papers laws. this is why immigration has been handled at the federal level, not 50 different state decisions. a lot of states are in play. >> you are right. i think we have seen a shift in the policies of immigration as evidenced by the fact that president biden and the democrats came so far to the republican position in those border negotiations that ultimately failed in congress. there's an ethos in the land that the migrant problem is starting to impact democratic-run cities. it's time to do something about it. in fact, there's some evidence that some of the steps that texas has been taking has succeeded in slowing the flow of migration. of course, there's a lot of things that can be done to slow the flow of migration that aren't humane or ethical. people have a right to seek asylum. we are party to a number of treaties to that effect. it's a thorny problem. what most experts say is federal law needs to be updated to solve this migrant crisis. >> we know where that went. on capitol hill for decades, they have not been able to resolve it. then there was this bipartisan senate deal as part of the supplemental, which arguably according to conservative republicans who helped negotiate it was the best, tightest, new enforcement procedure. the white house was going along with things they didn't want. then it was shot down in the house after donald trump said he didn't like it. >> absolutely extraordinary. can't be reported enough with enough emphasis. they had a deal. it was written by conservative republicans. president biden and the democrats compromised. donald trump said he would rather have the issue. he ordered his minions to oppose it. that's what happened. that's a remarkable political development, but that's what happened. >> ken, i know you will monitor it. no cameras there. we are tracking the audio and listening to it. we will have any details. stay close. i know you will bring them to us. >> you bet. let's bring in morgan chesky in texas. explain, what is the reaction among the migrants there? you are talking to people. is there any guidance how this law could be enforced if the courts allow it? >> reporter: andrea, that's the big question here. everyone understands the law on its face easy enough. state authorities have the ability to arrest migrants suspected of crossing illegally. how that would be enforced, nobody knows. i finished an interview with the sheriff who says he is waiting to hear any guidance on how his deputies would put this law into practice. i had another conversation with a neighboring sheriff just up the road. i want you to hear what he had to say in his own words when it comes to how exactly they would be handling it if and when it would go into affect. take a listen. >> i feel very nervous, because i don't have any information. i didn't know if it was working like the way we are working right now. i didn't know if it was going to have to be automatically arresting immigrants and processing. to process one individual takes 45 minutes. you know immigrants are coming in bunches. where are we going to put them? >> reporter: capacity certainly is a big question here. as for where the migrants would be housed if and when they were taken into custody. a lot of the context here is important to point out that these departments have already been stretched incredibly thin, unrelated to the migrant crisis. they have been just having trouble trying to keep track of their own community responsibilities. to now have what has been a federal responsibility lumped on top of that, bringing a lot of stress and significantly more questions than answers as it stands right now. all eyes go to new orleans to see how this will play out in the courts. no firm time line on when any decision will come from the 5th circuit court of appeals there. >> morgan, thank you so much. ken dilanian will stand by for any updates as we go on through this hour. representatives from one of the groups that filed suit against texas is joining me now. she's the executive director of the america's advocacy center and the center's director for advocacy and legal services. marissa, you work with asylum seekers. how worried are people about this confusing -- first of all about the law and all the back and forth with the courts? >> so, both that we have before us have caused a great deal of harm, whether it's a chilling affect, a bit of psychological warfare, a bit of panic and insecurity. so i think that's actually the law's goal. i know that we are talking that there's no there there in terms of how this would be actually put into action. the reality is that it was always designed to be political theater. it was designed to score political points. yes, asylum seekers and other folks all throughout the state -- this is a statewide law -- if you are basically anything other than perhaps a white individual or white passing person, this law could very easily affect you. it's important that the larger united states understand that what's happening in texas is really a push against the multiracial democracy that this state already is. >> jennifer, you are an attorney, an advocate on behalf of migrants. i don't know if you tracked the arguments going on by zoom for the past hour. what stands out to you in terms of this argument and what the supreme court decided? >> i think first and foremost, it's the chaos even within the state. what's coming out from the arguments, i was able to listen in earlier today, and there is confusion as to -- similar to what several county sheriffs and officers have made public statements about. no one knows the details of how this law is going to go into affect and who will be captured by it. that human cost is too high. one person arrested under this law is too high. that's what was made clear this morning during the hearing. >> jennifer, the governor says state troopers won't be targeting longtime residents. talk to me about racial profiling and if there's concern that people will -- legal residents, longtime residents, just might get caught up in this on somebody's suspicion. >> it is so important to be aware that the law is written so broadly as to encompass the entire state of texas. there's nothing in the writing of this law that focuses only on the border land. just to take a step back and recall that whether or not someone is a legal permanent resident, perhaps here on a student visa, neither of those things are crimes. one individual mistakenly arrested who would be placed in county jail while they were interrogated about their legal status is just unacceptable. it's unconstitutional. that's why we are fighting it. >> marissa, some of the issues that may not bubble up to the governor's concerns are things like the houston police department. they are concerned about it threatening the connections they have built over the years with the immigrant communities, the trust. would someone refuse a 911 call, an emergency call for fear -- or not call 911 when they need help for fear of being arrested? >> of course. we are all human beings looking out for the safety and well-being of our families, our neighbors and our friends. in light of attacks like this by our own state, it definitely has a chilling affect and makes people question, is this peace officer someone i can actually trust? are they going to be forced by the state to interrogate me, my loved ones and potentially jail me or deport me? that gives people great pause. again, this is really the goal of this legislation, which is now law, is designed to disenfranchise and silence communities of color throughout the state of texas. >> marissa, jennifer, thank you so much. you bring so much important insights to this argument. we appreciate it. fight for the senate. if there were any doubt it's donald trump's republican party, ohio's senate results made that clear. the winner could help determine whether democrats can hang on to their slim majority in the senate. that's next. this is "andrea mitchell reports." we will be back in 60 seconds. don't go away. you are watching msnbc. are watcc great. one more thing to worry about. it was all too hard to deal with in the beginning, but making a plan with my doctor to add precision was easy. preservision areds2 contains the exact nei recommended, clinically proven nutrient formula to help reduce the risk of moderate to advanced amd progression. thanks to preservision, i feel better that i'm doing something about it like millions of others. preservision. you know what's brilliant? boring. think about it. boring is the unsung catalyst for bold. what straps bold to a rocket and hurtles it into space? boring does. boring makes vacations happen, early retirements possible, and startups start up. because it's smart, dependable, and steady. all words you want from your bank. for nearly 160 years, pnc bank has been brilliantly boring so you can be happily fulfilled... which is pretty un-boring if you think about it. overnight, president biden and donald trump swept five more primary states adding to their delegate hauls. the big political fight was in ohio's republican senate primary, with a big win for donald trump's candidate, former car dealer bernie moreno who defeated two establish republicans. he will take on democratic incumbent senator brown who has held the seat for 17 years. he has been very popular in ohio. joining me now, phil rucker, ya yadl -- yamiche alcindor. phil, how much of a threat does moreno pose to senator brown who has been the working class senator who has crossed republican and democratic polling, but how does he appeal to the trump voter? >> andrea, it's going to be interesting. he is a real threat to senator brown because ohio has been trending in favor of republicans over the last decade. it's a state that a couple decades back was a core democratic group. it looks like trump would likely carry ohio. the senate race will be closer in part because brown has a lot of appeal with union workers. he is much more aligned with trump on some of the economic and trade policies, more than other democrats in the senate. that should help him in ohio. democrats are already trying to paint moreno as an extremist and are going to be tieing him to trump and some of the policy proposals he has had as well as things in his own background. >> yamiche, the president will tout his economic agenda in arizona today. another big senate race up there, of course. he is announcing billions to expand chip production at intel. that's a very big deal economically. he has not been able to really persuade people that the infrastructure bill and these openings and all the stuff that's flowing from it really matters to their pocketbooks. they are still worried about the grocery bill. >> that's right. i have heard from voters time and time again, while statistics might be good on paper, my lived experience, their lived experiences aren't catching up with the economic accomplishments that president biden is touting. this swing that he is doing here and these billions of dollars in subsidies to create semiconductors, they are aimed at getting at the idea that donald trump was better for business. look at polls, look at business leaders, they say over and over, even if they don't like donald trump, thinking he is brash, he is spreading falsehoods, they talk about the fact that the economy they thought was better under donald trump. this is president biden wanting to push back on that. in particular, this is intended for specific states. arizona, ohio, new mexico and oregon. i say those states because two are critical swing states. while this is president biden in some ways wanting to make sure that america he says catches up with the rest of the word when it comes to producing these chips, which are in everything from cellphones to cars, there's also this idea that this is an election year. when he is this and having this rollout in arizona and nevada this week, it tells you that there are political -- there is political thinking behind this. there's been trump news, trump things going on. here is president biden i think going on the trail and saying, i am doing something for americans. i'm doing something for the future of this country. >> this is after he overnight last night was appealing to latino voters at a fund-raiser and saying, i need you. he knows he has a problem there. that's not a homogenous group of voters. they are all over the place. i want to talk about the legal issues. paul charlton joins us. there are new developments. donald trump's election interference cases. judge mgranting a review to allow willis to stay on the case. in d.c. the follower president has filed his supreme court brief arguing that all presidents should have absolute immunity. both of these are adding to more delays. the delay tactic is working in their favor. talk to me about each case. what do you see with fani willis? are they seriously considering taking her off the case? is there a good argument for that? >> it's an appropriate decision on judge mcafee's part. he should allow the appeal of his decision, allowing her to stay on the case, but taking the special prosecutor she hired off of the case. it's appropriate to say if you want to appeal that part of my decision, go ahead and do so. it's also important to note that in that decision, andrea, what the judge said was, i plan to keep my calendar. i plan to keep this case going forward. every other issue that is before me now, i'm going to hold on to that and make decisions on this case. make your appeal. take it up to the court of appeals. let's see what they say. but i remain in charge of the case and all the issues in front of me. that's good news for fani willis. the bad news for the case is that it could, as the trump lawyers are going to want to do, cause greater delay. it could cause greater delay because they are almost certainly going to ask the court of appeals in georgia to stop the trial, to stop the trial from moving forward until they, the court of appeals, have an opportunity to review judge mcafee's decision, which as you know essentially left fani willis in charge of the prosecution at this time. >> what about his -- the former president's claims of complete, absolute immunity in the brief he filed to the supreme court? >> same old story. we have heard those arguments before. the court of appeals heard those arguments before. they rejected those arguments, as the district court did. the new twist here is that former president trump's lawyers seem to be adding a little dose of flattery. they are going to justice kavanaugh and they are pointing out to justice kavanaugh, you remember back in 2009, you wrote an article in which you said, it's probably a bad idea to prosecute a currently sitting president because it might impede his ability to do a good job as president? the trump lawyers was saying, that was good thinking then. it should apply to former presidents as well. same old arguments with a little flattery. >> i want to look at that. maybe you can, too. i just heard last night, andrew weissmann saying they had misinterpreted justice kavanaugh's opinion when he was on the court of appeals. so they were citing an opinion with the wrong conclusion. maybe we better take another look. i don't know. not being a lawyer. interesting tactic. >> it could very well be. it's an interesting tactic. we will see whether that appeal to justice kavanaugh, which is an attempt to remind him former president trump put him on the court, we will see whether that works. >> exactly. phil, yamiche, paul, thank you all so much. coming next, more politics. prime minister netanyahu at odds with president biden, hoping to nail down some republican senate support for his plans to invade rafah. that's coming up. you are watching "andrea mitchell reports" only on msnbc. a disrupts my skin, night and day. despite treatment, it's still not under control. but now i have rinvoq. rinvoq is a once-daily pill that reduces the itch and helps clear the rash of eczema—fast. some rinvoq patients felt significant itch relief as early as 2 days. some achieved dramatic skin clearance as early as 2 weeks. and many taking rinvoq saw clear or almost-clear skin. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal, cancers, including lymphoma and skin; heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell your doctor if you are or may become pregnant. help heal your painful skin— disrupt the itch & rash of eczema. talk to your doctor about rinvoq. learn how abbvie can help you save. ♪(voya)♪ there are some things that work better together. like your workplace benefits and retirement savings. voya provides tools that help you make the right investment and benefit choices. so you can reach today's financial goals and look forward to a more confident future. voya, well planned, well invested, well protected. this thing? 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>> reporter: yeah, andrea. we heard from a member of hamas' political bureau earlier saying that the talks have taken, from his perspective, a negative term. he says hamas put forward this latest proposal. israel rejected it. there obviously is a lot of briefing on both sides, both sides trying to strengthen their position at the negotiating table, trying to blame the other side for speed bumps. as far as we know, the talks are continuing. they are underway in qatar earlier this week. the head of the mossad, the israeli spy agency was there representing israel in those talks. that's a sign that at least as of monday, israel felt that these negotiations were serious enough that it was worth sending someone so senior. there has been concern at the white house that an israeli ground offensive into rafah would derail those very fragile negotiations. that's one of a number of concerns. the others being the fate of those million plus palestinian civilians who are sheltering in the city and the possible disruption that any israeli offensive would cause to the flow of humanitarian aid from egypt into gaza. we heard from prime minister benjamin netanyahu earlier today. he says he had already approved that attack plan before he spoke to president biden. but he is saying it will take some time before israeli forces go into rafah. we know he has agreed to send two of his most senior advisors to washington to at least hear out american concerns about a potential attack on rafah. the indication from the israeli prime minister at this point, he is determined to go in, but perhaps, perhaps not quite yet. >> raf sanchez, thank you. thanks for being there. the u.s. is raising its limit on resettlement visas for afghans who worked with the u.s. military during the war in afghanistan, the result of a compromise between the biden administration and house republicans. the top republican, congressman michael mccall, says it will allow 12,000 new visas, which is lower than the 20,000 initially sought. it comes after capitol hill testimony from george milley and general mackenzie. is like... 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>> of course, at this point, donald trump has remade the republican party. a lot of that is around immigration. nationalism and being very anti-immigrant. we know that. perhaps maybe the bigger picture here is this is not just a republican issue at this point. just last month, gallop tracked what the top issue for voters is. last month, they found immigration was the top issue among all voters. that's a big warning sign for joe biden. obviously, republicans have done a number of things this past year, like you discussed earlier, defeating the bipartisan immigration deal that provided opportunity for biden to potentially reset that dynamic. right now, polls continue to show that people favor republicans over democrats on this issue. while there may be vulnerabilities for republicans, the vulnerability only really matters if someone can take advantage of it. joe biden has not been able to take advantage of the fact that people are concerned about the border, about immigration, and it's not just at the border. it's in cities and states across the country. >> jim, president biden was in phoenix last night. he was courting latino voters. listen to this appeal. >> last time, you are the reason why in large part i beat donald trump. >> yes! >> let's beat him again. in 2016, he called latinos criminal drug dealers and rapists. he says they are poisoning the blood of our country. what the hell is he talking about? >> what the hell is he talking about? this issue is so important. yet, jim, the minority population has changed in america. it used to be dominated by black americans, now it's -- there are so many latino voters. they are not as monolithically democratically voting as other groups. this is a real challenge as the population is evolving. >> absolutely. i think when you look at the numbers, latinos group in one subsection. they are different nationalities, where they came from. it's more of a challenge. you figure out how you turn them out and persuade them. when i was running presidential campaigns, it was more of a turnout game. now it's persuasion. immigration is not just a republican issue. it's now an issue that swing voters care about and democrats care about. it really is an interesting question of how the biden campaign will handle it. we saw this in the new york special election. the democrat went straight at immigration, took on the republican and won a close race. i think that's a template for democrats and what they need to do in the fall on this issue. >> that victory in the long island district was telling. it could foretell the way the house could go. just to pick up on this theme, the president i think tipped his hand as to where he is going on this. he was willing to make that compromise on the border. there are other complications. he wanted ukraine and israel money through. but he was willing to get tough on it and risk angering the progressive wing of the party to take a harder line on immigration. brendan, i wanted to ask you about prime minister netanyahu speaking this hour with the republican senators. it's a little unusual. he was supposed to speak to them off campus at a retreat in west virginia i think it was. now he is speaking to them in the capitol and going very much against chuck schumer and the white house on rafah. >> yeah. a bit unusual. there's no foreign leader who is more familiar to members of congress than netanyahu. he is a regular visitor. a lot of folks have personal relationships with him. i think republicans are looking at this situation obviously concerned about the war itself. but also as a political matter, they understand that there's a raging fire going on in the democratic party right now over this and joe biden's handling of it. the president facing incredible blowback from the far left. arab american voters have made this a single issue they care about more than anything. now you have donald trump feeling like he needs to wade into it and try to take advantage of senator schumer's comments recently. whether donald trump getting involved is helpful for him, i understand he is trying to divide democrats. but this may also be a situation where donald trump getting himself involved has the effect of clarifying the choice for a lot of those progressives and arab american voters who say, we may not like what president biden is doing, maybe it's worse with donald trump in the white house. >> well, it's also a case that it could be getting his own -- it could be blowback about comments such as telling jews that if they vote democratic, they don't like their own religion and are against israel, that was an anti-semitic trope to say the least and caused a lot of criticism of him. to be continued. we will leave it there. thanks to both. a security breach? why princess kate's medical records are at the center of a reported investigation at the hospital where she had abdominal surgery. that's next. a report from london. you are watching "andrea mitchell reports" on msnbc. akine of us? 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boring does. boring makes vacations happen, early retirements possible, and startups start up. because it's smart, dependable, and steady. all words you want from your bank. for nearly 160 years, pnc bank has been brilliantly boring so you can be happily fulfilled... which is pretty un-boring if you think about it. prime minister netanyahu says israel is not ready to invade rafah yet. it is sending a delegation to washington after a contentious call between president biden and prime minister netanyahu. but for how long will that delay last. joining us now, retired admiral james stavridis and co-author of a gripping new book "2054" a work of fiction that looks like it's torn from the pages of today's news. it looks at ai, disinformation, and more just 30 years from now. admiral, we'll talk about the book in a second. let me ask you about israel. prime minister netanyahu is, you know, going full steam forward, at least rhetorically telling the ka in that case sit he's going to invade speaking to the senate republicans, trying to shore up support there, where he probably has a lot of support, and at the same time rejecting president biden's appeals that a full-scale invasion into rafah is not necessary, that you can get those hamas battalions another way, but netanyahu says, you know, they'll lose the war. so which is it? you're the military expert. can you get these hamas battalions out without causing, you know, mass casualties among civilians? >> yes, and that is the precise reason the pentagon is working with the israeli military to try and give them some advice and ideas, and we -- the united states military are deeply involved in urban warfare for the last 20 years in iraq and afghanistan, so i am hopeful that the pentagon working with the israeli defense forces can crack the plan, but job one, andrea, and you know this, is to get food into gaza for the starving gazan people. that ought to come in through the north over the land and from the sea on this pier the united states military is building. then you could shift the bulk of the 1 million civilians who are in rafah in the south, shift them to the north. then you come in in a precise way against the remaining hamas battalions. that's how i would do it. i think that's how the pentagon is going to advise the idf to take this mission on. >> yeah, and so far israel has not relented on really significantly opening land, opening because the sea drops, you know, the sea route is very slow and very much less than what's needed. the air drops as well. what they really need is a full land truckload after truckload going into the north. on capitol hill meanwhile, this is one of your favorite subjects, intelligence committee chair mark warner, vice chair marco rubio said that the tiktok bill is a major priority for them, but it doesn't seem to be advancing in the senate very closely. they were speaking after a closed door briefing from senior administration officials on the intelligence of disinformation and the risks, you know, from china with tiktok. it was senator blumenthal of connecticut who crystalized the threat from the china-owned company bytedance. >> we are facing the election where a lot of this information could be weaponized against the united states. it's a clear and present danger to the united states. it's a gun aimed at our heads, and this collection of data and potentially using against us really ought to require a transition of ownership. >> so there's the battle, the political battle. now, you've taken it on in this great new book. deep into it, it is a thriller. no spoiler alerts here. but this is i guess a sequel to 2034, your best seller, and you know, why did you think it important to issue this fictitious warning about how america could lose its democracy. >> yeah, this is exactly what senator blumenthal is talking about. of course it's not just china and tiktok, russia very adept at this using bot farms creating real misinformation. iran, north korea not far behind, and the point of the novel "2054," andrea, is what happens when artificial intelligence gets deeply involved in all of this in a political system here in the united states that already has deep divisions in it. so yes, and to go back to tiktok, senator blumenthal, who's a veteran, by the way, former marine, he's got it exactly right. the real threat stream from tiktok is pointed right at the elections. i think we need a change of ownership, bbytedance, a creatue of china should not have control of this entity that is so permeated into u.s. society. >> admiral, you know, you outline the real risks here, and in your book you certainly speak to that, and it looks like the senate is going to take its good sweet time on it, so we're going to have to wait and see what's going to happen there, but you think this should -- the house bill or some version of it should be passed? >> i do. i think it's very clear the potential connectivity between tiktok, the chinese communist party that. is something we cannot allow here in the united states, again, particularly in an election year when there are pre-existing divisions in society. we're a pool of gasoline here a tiktok flare fired by a chinese communist party could be just the thing to set things off. >> we're going to have to leave it there, james stavridis, co-author of the new book "2054." that does it for this edition of "andrea mitchell reports." 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