ALLOWING PORN AND ADULT CONTENT ON THEIR SITE. TOP STORY STARTS RIGHT NOW. >>> GOOD EVENING. TONIGHT FOR THE FIRST TIME, PRESIDENT BIDEN SIGNING AN EXECUTIVE ORDER RESTRICTING ACCESS AT THE SOUTHERN BORDER. THE PRESIDENT ANNOUNCING HIS STRONGEST IMMIGRATION ACTION YET. WILL IT WORK AND IS IT EVEN LEGAL? HERE IS THE PRESIDENT TODAY. >> REPUBLICANS HAVE LEFT ME NO CHOICE. I AM ANNOUNCING ACTIONS TO BAR THOSE FROM CROSSING THE BORDER UNLAWFULLY FROM RECEIVING ASYLUM. THIS WILL ESSENTIALLY HELP US MAINTAIN CONTROL OF OUR BORDER. WE MUST FACE THE SINGLE TRUTH. TO PROTECT AMERICA AS A LAND THAT WELCOMES IMMIGRANTS. WE MUST SECURE THE BORDER AND SECURE IT NOW. >> HERE'S WHAT THE BORDER ORDERABLE DO. ONCE THEY PASS 2500, IT WILL BAR MIGRANTS FROM REQUESTING ASYLUM. IT WILL LAST UNTIL THEY DIP BELOW 1500 PER DAY. RIGHT NOW AVERAGE ENCOUNTERS IS AMONG 4000 MEANING THIS ORDERABLE GO INTO EFFECT IMMEDIATELY. A REMINDER, THE BORDER SPANS NEARLY 2000 MILES FROM SOUTHERN CALIFORNIA ALL THE WAY DOWN TO TEXAS. THERE ARE MORE THAN 3000 POINTS OF ENTRY. THERE ARE QUESTIONS ON WHETHER THE U.S. EVEN HAVE THE MANPOWER TO MAKE THIS A REALITY. THE BIDENS ORDER SIGNALS A HUGE SHIFT ON IMMIGRATION. A MOVE HE STRONGLY CRITICIZED ON THE DEBATE STAGE BEFORE BECOMING PRESIDENT. >> I WOULD IN FACT MAKE SURE THAT THERE IS IMMEDIATELY A SURGE IN THE BORDER FOR ALL THOSE PEOPLE SEEKING ASYLUM. WE ARE A NATION THAT SAYS IF YOU WANT TO FLEE YOU SHOULD COME. AND THOSE WHO COME SEEKING ASYLUM, WE SHOULD IMMEDIATELY HAVE THE CAPACITY TO ABSORB THEM, KEEP THEM SAFE, UNTIL THEY CAN BE HEARD. THE FIRST PRESIDENT IN THE UNITED STATES OF AMERICA WHERE SOMEONE SEEKING ASYLUM CANNOT COME TO THE UNITED STATES OF AMERICA. >> WHY IS THE CHANGE? >> IMMIGRATION IS ON THE TOP OF THE MIND FOR VOTERS. IT COMES IN AT NUMBER TWO BEHIND INFLATION ACCORDING TO AN NBC NEWS POLL. AND IT IS GOOD NEWS, ESPECIALLY IN AN ELECTION YEAR. THIS NBC POLL FINDING 59% APPROVE OF HOW BIDEN HAS HANDLED THE BORDER. BIDE DETERMINING THE POLITICAL WEAKNESS AGAINST PRESIDENT TRUMP JUST FIVE MONTHS UNTIL THE NOVEMBER ELECTION. SOME ARE WONDERING IS THERE EVEN ENOUGH TIME? FORMER PRESIDENT TRUMP IS SAYING THIS ABOUT THE NEW EXECUTIVE ORDER. >> HE COULD HAVE DONE IT VERY EASILY. ALL HE HAD TO DO WAS SAY CLOSE THE BORDER. THAT IS THE POWER OF PRESIDENCY. >> NOW, THE COURT HAS NOT ALWAYS AGREED WITH THAT. KEEP IN MIND, THE BIPARTISAN ORDER HAS FAILED TWICE AT THE HANDS OF REPUBLICANS AFTER PRESIDENT TRUMP REQUESTED IT. THE NUMBER OF POOR SLEEP BORDER ENCOUNTERS HAS SHARPLY DECREASED FROM REACHING RECORD HIGHS BACK IN DECEMBER, WE SHOULD POINT OUT. PANAMA'S PRESIDENT IS SAYING HE WILL SHUT DOWN ONE OF THE WORLD'S BUSIEST, BUSIEST IMMIGRATION ROUTES AND NOW MEXICO IS WORKING ON THE OTHER SIDE OF THE BORDER WITH ITS OWN EFFORTS AS WELL. THIS MORNING NBC NEWS SPOKE WITH A VENEZUELAN FAMILY WHO SAID THEY SLEPT ON THE STREET IN MEXICO WHILE AWAITING. >> Reporter: HOW LONG ARE YOU WAITING? SEVEN MONTHS AND SIX DAYS, HE TELLS US, SAYING HE CAME TO THE U.S. TO WORK TO FEED HIS YOUNG FAMILY. >> THAT IS JULIA ANSLEY WHO IS AT THE BORDER. IT IS BECAUSE OF STORIES LIKE THAT THAT THE ACLU IS NOW SUING THE BORDER ADMINISTRATION. THAT ESSAY. THE SAME ACLU THAT TOOK ON THE TRUMP ADMINISTRATION. EVERYTHING FROM CHILD SEPARATION TO WHAT PRESIDENT BIDEN IS NOW DOING IT. SO WHAT DOES THE ACLU THINK ABOUT THIS MAJOR EXECUTIVE ORDER IN A MAJOR CHANGE COMING FROM JOE BIDEN? THIS IS THE DEPUTY DIRECTOR OF THE IMMIGRANTS RIGHTS PROJECT. HE LED SOME OF THE BIGGEST LAWSUITS IN THE TRUMP ADMINISTRATION. THANK YOU SO MUCH FOR JOINING TOP STORY TONIGHT. THIS WAS BOTH UNDER THE TRUMP ADMINISTRATION AND NOW UNDER THE BIDEN ADMINISTRATION. TALK TO ME ABOUT WHY THE ACLU IS NOW SUING THE BIDEN ADMINISTRATION. >> YEAH. WE SUED UNDER TRUMP. NOW WE HAVE A HUNTER BIDEN. HE LEFT US NO CHOICE. THE POLICY IS LEGALLY THE SAME AS WHAT PRESIDENT TRUMP DID. SO WE SUCCESSFULLY SUED ONTO TRUMP AND WE THINK WE WILL HAVE TO HUNTER BIDEN. WE WILL WHEN THAT TIME IS TO BE DETERMINED. IT IS BASICALLY THAT THE EXECS CANNOT DO THIS WITHOUT CONGRESS. CONGRESS HAS VERY CLEARLY SAID YOU MAY APPLY FOR ASYLUM, BUT BE AWARE WHEN YOU ENTER. THE REASON IS VERY CLEAR. SOMETIMES PEOPLE CANNOT GET TO A COURT. SOMETIMES THEY ARE PUSHING YOU THROUGH AT DIFFERENT PLACES. SOMETIMES THEY JUST DO NOT KNOW WHERE THE PORT IS. SO CONGRESS HAS SAID IF YOU ARE GENUINELY IN DANGER, JUST GET TO U.S. OIL AND WE WILL SCREEN YOU. I WANT TO BE CLEAR ABOUT A FEW THINGS. WE ARE NOT SAYING EVERYONE IS ENTITLED TO ASYLUM BUT WE ARE SAYING THAT EVERYONE IS ENTITLED TO SCREENING AND THAT IS A SOLEMN PROMISE WE MADE AFTER WORLD WAR II. THIS WOULD NOT EVEN GIVE PEOPLE A SCREENING FOR ASYLUM. IN YOUR INTRO, YOU TALKED ABOUT THE AMERICAN PUBLIC AND THAT IS RIGHT. I THINK THERE IS A MISCONCEPTION ABOUT WHAT THE AMERICAN PUBLIC WANTS. THEY WANT SOMETHING BALANCED AND IN THE MIDDLE. THEY DO NOT WANT TO SHUT OFF ASYLUM COMPLETELY. LOOK, THERE'S A FAMILY AND THEY ARE BEING PERSECUTED BECAUSE OF THEIR RELIGION. BECAUSE THEY ARE CHRISTIAN. WHATEVER. AND THEY MAY BE IN DEADLY DANGER. WOULD YOU WANT THEM TO HAVE A SCREENING FOR ASYLUM? THEY MAY ALSO WANTED TO BE STREAMLINED SO PEOPLE ARE NOT WAITING FOR YEARS WHILE THERE IS CHAOS AT THE BORDER. WE ARE ALL IN FAVOR OF STREAMLINING THE PROCESS BUT WE DO NOT WANT PRESIDENT BIDEN TO GO TO THE OTHER END TO PRESIDENT TRUMP DID AND SAY WE ARE GOING TO BAN ASYLUM COMPLETELY. >> LET ME GET YOUR TAKE FROM THE OTHER END. >> TODAY, I AM GOING PAST PUBLIC INSTRUCTION AND USING A SET OF AUTHORITY AS PRESIDENT TO DO WHAT I CAN ON MY OWN TO ADDRESS THE BORDER. FRANKLY, I WOULD HAVE PREFERRED TO HAVE ADDRESSED THIS ISSUE TO BIPARTISAN LEGISLATION BECAUSE THAT IS THE ONLY WAY TO ACTUALLY GET THE KIND OF SYSTEM WE HAVE NOW THAT IS BROKEN FIXED. >> SO YOU JUST MENTIONED THIS. HE NEEDS CONGRESS. HE SAID HE TRIED. HE CANNOT GET ANYWHERE WITH OUR PUBLICANS. HE IS LEFT WITH NO OTHER OPTIONS. >> WHAT I THINK PRESIDENT BIDEN HAD IS THAT ANOTHER OPTION WAS COMPLETELY SHUTTING OFF ASYLUM. WE WOULD HAVE LIKED TO HAVE SEEN THEM SURGING RESOURCES TO THE BORDER AND TRIED THAT. AS YOU KNOW, YOU HAVE BEEN TO THE BORDER MANY, MANY TIMES. FAMILIES ARE NOT TRYING TO INVADE. THEY WALK ACROSS THE BORDER AND SIT DOWN AND WAIT FOR AN OFFICER TO SAY NOW IS MY TIME TO APPLY FOR ASYLUM AND BE SCREENED. WE DO NOT NEED MORE ENFORCEMENT. WE NEED MORE ASYLUM OFFICERS TO SCREEN PEOPLE TO MOVE VERY QUICKLY. WE GET THAT THE AMERICAN PUBLIC WANTS THIS SYSTEM TO WORK MORE EFFICIENTLY AND MOVE IT SO THERE IS NOT CHAOS. DO WE THINK THE PRESIDENT COULD HAVE DONE MORE WHILE HE WAS THERE? MORE IMPORTANTLY, CONGRESS NEEDS TO ALLOCATE MORE RESOURCES. I THINK THAT IS THE WAY TO DO IT. I THINK THE REPORTING HAS SHOWN OVER THE YEARS WHEN PEOPLE ARE THAT DESPERATE, THEY ARE GOING TO LEAVE THEIR COUNTRY NO MATTER WHAT. I ALSO THINK THAT ULTIMATELY WE NEED MORE LEGAL PATHWAYS FOR PEOPLE WHO WANT TO WORK. I DO NOT KNOW A SINGLE ECONOMIST NOW SAYING WE DO NOT NEED MORE WORKERS IN THE U.S. AND MORE IMMIGRANT WORKERS. IF WE OPENED UP ALL THESE LEGAL PATHWAYS, PEOPLE WOULD NOT BE SO DESPERATE TO LINE UP AT THE BORDER AND THEN WE WOULD HAVE SHORTER LINES AT THE BORDER FOR PEOPLE WHO GENUINELY NEED IT AND PEOPLE COMING IN WITH LEGAL PATHWAYS TO WORK. AND THAT WOULD BE A BENEFIT TO OUR COUNTRY. AND EVERYTHING IS SO POLARIZED THAT PEOPLE THINK ALL THESE FAMILIES ARE HERE TO DO HARM. THEY ARE NOT HERE TO DO HARM IT. THINK ABOUT THE IMMIGRANTS YOU KNOW. THEY ARE NOT FITTING THAT NARRATIVE. >> I WENT TO SPEAK ABOUT. NEW YORK CITY MAYOR ERIC ADAMS HAS BEEN SPEAKING ABOUT THAT. AND WHAT PRESIDENT BIDEN HAS BEEN DOING TODAY RIGHT BEFORE THE ELECTION. DO YOU FEEL DUPED? >> YOU KNOW, LOOK, THE REALITY IS A LOT OF THINGS PLAY INTO THIS SITUATION. I WOULD SAY WE ARE DISAPPOINTED THAT THE ADMINISTRATION HAS TAKING THIS ROAD BECAUSE THE POLICIES ARE MISGUIDED. I THINK THEY PLAY INTO EVERY DECISION EVERY WHITE HOUSE MAKES. I DO NOT WANT TO FOCUS COMPLETELY THINKING THAT IT IS THE ADMINISTRATION AND NOT THE COURTS. IT MAY BE THE ADMINISTRATION THAT ROLLED IT BACK OR MITIGATED IT. I THINK THAT THE BIDEN ADMINISTRATION NEEDS TO HEAR FROM PEOPLE SAYING, YEAH, WE HAVE NAMED IMMIGRATION AS A BIG ISSUE FOR US BUT THAT IS NOT HOW WE WANTED TO GO. WE DID NOT WANT AN EXTREME TRUMP POLICY. THERE STILL TIME FOR THE BIDEN ADMINISTRATION TO MITIGATE IT IF YOU WENT TO. >> I HAVE COVERED THE BORDER FOR A LONG TIME AND I HAVE NOTICED A DIFFERENCE THOUGH WHEN YOU TALK TO MIGRANTS. I SPEAK SPANISH AND I'M VERY SENSITIVE TO THIS ISSUE. THE DIFFERENCE I NOTED IS THAT WHEN YOU TALK TO MIGRANTS YEARS AGO, THEY WOULD GIVE YOU A VARIETY OF REASONS WHY THEY WERE COMING OVER. NOW, WHEN I SURVEY MIGRANTS, AND A LOT OF IT ARE VENEZUELANS -- AND, TRUST ME, I HAVE BEEN TO VENEZUELA. THEY HAVE SERIOUS ISSUES THERE. THAT BEING SAID, THEY ALL SEEK ASYLUM. THIS ONE HAS NOT BEEN ABLE TO WORK. THEY CANNOT EAT. IF EVERYONE IS SEEKING ASYLUM, DOES THAT HURT YOUR ARGUMENT IN THINK WE NEED TO GIVE ASYLUM? IS PRESIDENT BIDEN'S HANDS NOT TIED? >> SO THAT IS A FAIR POINT. THIS IS WHAT I WOULD SAY. ONE IS, IF YOU HAVE PEOPLE WHO WANT TO WORK, AND THEY SEE NO OTHER PATH THAN TO APPLY FOR ASYLUM, THAT IS A PROBLEM WITH OUR DESIGN. LET US HAVE LEGAL PATHWAYS TO WORK. THE OTHER THING IS YOU ARE RIGHT. NOT EVERYONE HAS AN ASYLUM CLAIM BUT THEY STILL NEED SCREENING. FOR THE PEOPLE WE SEND BACK TO REAL DANGER WHO HAVE ASYLUM CLAIMS, WE ARE GOING TO SEND YOU BACK TO TORTURE. SO WE NEED A PROPER SCREENING SYSTEM AND YOU ARE ABSOLUTELY RIGHT. IT NEEDS TO BE MORE EFFICIENT. WE ARE NOT GOING TO SAY EVERYONE CANNOT WIN. WE ARE GOING TO SEND EVERYONE BACK. >> THIS EXECUTIVE ORDER TAKES EFFECT IMMEDIATELY. BUT IT IS GOING TO BE STOPPED PRETTY QUICKLY BY THE COURTS IF THEY ROLLED LIKE THEY RULED ON THE TRUMP ADMINISTRATION. >> WE ARE HOPEFUL. WE HAVE TO FIGURE OUT THE TIMING OF THE LAW. WE JUST GOT THE ROLE TODAY. WE WILL GO THROUGH IT CAREFULLY AND DECIDE THE TIMING OF THE LAWSUIT AND WHERE WE ARE GOING TO FILE IT. THEN WE WILL HOPE FOR QUICK ACTION BY THE COURTS. I THINK PRESIDENT BIDEN AND HIS TEAM HAVE ACKNOWLEDGED THERE ARE REAL DOUBTS ABOUT THE LEGALITY OF IT. I THINK THEY WERE EXPECTING A LAWSUIT. YOU WILL SEE. NOTHING IS GOING TO PREVENT YOU FROM FILING THAT LAWSUIT UNLESS THE BIDEN ADMINISTRATION PULLS BACK. >> YOU ARE GOING FORWARD WITH THE LAWSUIT? WHERE ARE YOU FILING? CALIFORNIA OR NEW YORK? >> WE HAD NOT DECIDED. THE OPTIONS ARE CALIFORNIA AND D.C. I WILL CERTAINLY KEEP YOU POSTED ON THAT. >> YOU THINK THIS IS EVEN POSSIBLE KNOWING THE MANPOWER ISSUES AT THE BORDER? IF THIS WERE TO GO INTO EFFECT IN THE ORDER IS THE LAW OF THE LAND, WILL BORDER OFFICIALS -- WILL THIS ACTUALLY WORK? IS IT FEASIBLE? >> I DO NOT THINK IT WILL WORK IN THE SENSE THAT PEOPLE WILL NOT STILL COME TO THE BORDER. LIKE LET'S JUST TAKE OUR CHANCES WITH DANGER IN OUR COUNTRY. THEY ARE STILL GOING TO COME. BUT I THINK WHAT IS SO TROUBLING THAT HAS NOT GOT ATTENTION IS I'M NOT SURE HOW MANY RESOURCES IT WILL TAKE BECAUSE UNDER NORMAL POLICIES YOU HAVE TO AFFIRMATIVELY ASK PEOPLE, WILL YOU BE TORTURED? WILL SOMETHING HAPPEN TO YOU? YOU NEED TO SCREEN THOSE RESOURCES. WHAT THE BIDEN ADMINISTRATION IS DOING WHICH IS REALLY DRACONIAN, UNLESS YOU ASK TO BE SCREENED, YOU WILL GET NO SCREENING. SO THEY WILL NOT NEED ASYLUM OFFICERS THERE. THEY ARE JUST GOING TO PUSH YOU BACK ACROSS THE BORDER. AND SO WE ARE VERY WORRIED THAT EVERYONE IS GOING TO GET PUSHED BACK ACROSS THE BORDER WITHOUT ANY ASYLUM OFFICERS SEEING THEM. >> IF YOU ARE A MEXICAN IMMIGRANT, YOU WILL GO BACK TO MEXICO. BUT IF YOU ARE VENEZUELAN, IF YOU'RE FROM AFRICA, IF YOU'RE FROM ASIA -- THESE COUNTRIES ARE NOT GOING TO TAKE YOU BACK. >> I GUESS YOU HAVE GOTTEN SOME AGREEMENT IN MEXICO. PEOPLE DO NOT KNOW WHERE TO GO IN MEXICO. >> THE U.S. CANNOT EVEN HOUSE ALL THESE MIGRANTS. >> THEY WILL BE ON THE STREETS. THEY'LL BE SUBJECT TO CARTELS. >> THIS IS FROM EARLIER TODAY ON THE SAME DAY THAT BIDEN ANNOUNCED HIS ORDER. THIS IS AN INTERVIEW WITH TIME MAGAZINE. IN IT, TIME RIGHT THAT BIDEN SAYS HIS ONLY REGRET ABOUT LIFTING TRUMP'S ANTI IMMIGRATION MEASURES IS THAT HE DID NOT DO IT SOONER. HIS GOAL AND SECOND TERM IS TO FINISH WHAT HE STARTED. ISN'T THAT A COMPLETE REVERSAL OF WHAT WE ARE SEEING TODAY? >> YEAH. I AM NOT ONE OF THOSE PEOPLE WHO WOULD SAY THAT BIDEN'S TRUMP. >> WE ARE NOT SAYING THAT. >> BUT THIS IS EXTREMELY DISAPPOINTING. HE DID PROMISE HE WOULD HAVE A HUMANE ASYLUM SYSTEM. >> WHERE DO YOU THINK THE NEXT STEP IS HERE? DO YOU THINK YOU ARE SUCCESSFUL IN YOUR LAWSUIT OR DO YOU THINK THE ORDERS PUSHED THROUGH? >> I THINK THEY'RE NOT LOOKING TO PULL THAT EXECUTIVE ORDER. I THINK THEY WILL MAKE A DECISION ON HOW TO DO IT. I THINK AT THIS POINT, YOU WILL PROBABLY HAVE TO RELY ON THE COURTS AND SEE WHAT HAPPENS. DEFINITELY GOING TO WIN OR LOSE. THERE'S TOO MUCH AT STAKE HERE. WE ARE SEEING A SEA CHANGE IN AMERICA NOW. THE ASYLUM SYSTEM IS DIVERGING FROM THE REST OF THE WORLD. WE SAID WE WOULD AT LEAST GREEN PEOPLE BEFORE WE SEND THEM BACK TO DANGER. >> WHAT IS THE SOLUTION? CLEARLY THERE IS A CRISIS. I MEAN, CLEARLY WE HAVE TO HAVE LAWS AND BORDERS. I KNOW YOU ARE ON THE FRONTLINE FIGHTING BUT WHAT IS THE SOLUTION? >> TWO. WE NEED MORE LEGAL PATHWAYS SO EVERYONE DOES NOT HAVE TO LINE UP AT THE BORDER. THEY COME IN AND CONTRIBUTE TO THE ECONOMY. THE SECOND THING IS WE NEED TO PUT MORE ASYLUM OFFICERS AT THE BORDER TO DO THE SCREENINGS. WE HAVE THE RESOURCES. THERE IS ALREADY A LAW IN PLACE THAT ALLOWS THE SCREENINGS TO HAPPEN VERY QUICKLY. WE DO NOT NEED MORE ENFORCEMENT AGENTS. THEY ARE NOT TRYING TO ESCAPE. THEY ARE TRYING TO APPLY FOR ASYLUM. THOSE ARE THE SOLUTI
