family. it is obviously well overdue. so congratulations to them. the lead with jake tapper starts right now moments ago, president biden rolled out a major new immigration policy. the lead starts right now brand new rules at the us border the president cl dmany pple can see >> but why now? >> border crossings are down, but then again, so was the president's polling and immigration also had another states charging trump allies with crimes related to a 2020 fake electors scheme. >> who's on the list. and what processes peter say they did ahead las fat paychecks were america ceos making almost 200 times more than their average worker billionaire entrepreneur known as mr. wonderful is here to weigh in and welcome to leave. i'm jake tapper going to start this hour with the breaking news. >> president biden are rolling out sweeping new actions at the us-mexico border. as the president at attempts, to address one of the biggest challenges facing the united states and his reelection campaign. >> biden's new executive actions on immigration allow the government to ban migrants who crossed the border illegally from being able to seek asylum. >> that's a change to a policy that's been in place for decades okay. it's the new rules are expected to go into effect at midnight tonight in the year 2024. during biden's announcement, president biden announced acknowledged rather that more needs to be done to fully address the border crisis we must face the simple truth to protect america as a land at welcomes immigrants, you must first secure the border and secure it. now the simple truth is, there is a worldwide migrant crisis. and if united states done to secure our border, there's no limit to the number of people may try to come here president biden is using the very same authority that trump used in 2018 to similarly attempt to restrict asylum seekers. trump was eventually blocked by the courts. and today the us aclu said it plans to sue the biden white house over the order which is already facing backlash from both the left and the right the only question anyone should ask is, why didn't you do this in 2021? >> why didn't you do this in 2022? why didn't you do this in 2023? why don't you do this last month or the month before? >> i'm concerned that this is just the enforcement only side of the strategy. i'm disappointed that the the president and has sort of gone into the same frame as donald trump at a very time when we need to make a distinction between donald trump and joe biden. >> cnn's priscilla alvarez is at the white house for cnn's david culver is in san diego, california at the us-mexico border so let's walk us through exactly how these new actions will work and why. now? >> well, this is a sweeping measure, but in effect will make it much more difficult for migrants to seek asylum at the us-mexico border. what it does is essentially bar migrants to cross the border illegally from seeking asylum when a daily threshold of 2,500 is met, we're already there, so that allows us to go into effect immediately. now, this would allow for authorities to turn migrants back to mexico or to their origin country with some exceptions for unaccompanied children, among others who may have medical conditions or are victims of severe human trafficking. >> but look, this is a page from donald trump's playbook. >> you tried to do this exact same thing in 2018, and he was challenged in the courts. and that's exactly what the vitamin distillation is going to face according to the aclu senior administration officials acknowledged that, but also acknowledged that they need cooperation from mexico, and we're learning that moments ago president biden spoke with mexican president andres manuel lopez obrador about this latest action now, jake, to your question about why now the president said that he had to take action and he told his critics to be patient goes to say the steps i've taken are too strict. >> i say to you that be patient and goodwill american people are going to work wearing fan right now now, jake, this is a significant policy shift from 2021 when the president was talking about restoring the asylum system and passing immigration reform. >> clearly and attempted to try to blunt attacks from republicans who have slammed his handling of the us, mexico a border. jake, david culver at the border encounters at the border and san diego were up nearly 50% last month from the year before what's the reality on the us mexico border right now? while we wanted to get a sense of that firsthand, jake and we mobilize late last night, about 50 miles east of where we are to an area that's a bit more rural it's part of san diego county is still and it's that hotspot, as you mentioned, especially compared with the rest of the us southern border and at first it seemed eerily quiet and then we started to see folks we can show you some the images crossing in the early morning hours as the sun was coming up, it was getting increasingly hot in that desert climate. and then they were all coming together to go to board patrol, who then process them and put them into vans and take them on into detention centers. >> but what was really interesting and talking to some of these migrants is, you get a sense i can solve this back last year when title 42 ended, the bayesian, their movements around us policy for many of them us policy is just two and predictable. >> i don't know so what's going to happen with president? it's congress, with the courts. and so they're planning day by day on their own terms. and that's really important to keep in mind because he thought perhaps there'd be a serge today they got word the executive board is coming down and they move along. not necessarily the case. it could come later on, but even folks, let me show you where we are here you didn't got folks who are still coming in. now this is one of the few portions of the border wall when you've got two barriers, essentially, the us territory is in-between between these two walls. and so these folks right here are already in the us about 25 of them came in from india. i spoke when i was in that other more rural section. so in with one migrant from ecuador and here's what he had to say about his journey misunderstandings thank quite you. >> economy on the columbia law. okay. okay. he says he's going to walk up here and azekah, lord, no, people use it it now, it's hot, but he says he's got to hurry along because he's going to then continue on to an immigration official, start the process for asylum i thought it was really important that you hear from brian air from ecuador because jake, as you know, earlier this year we were in ecuador covering the instability. and when you think about the root causes of migration, his story speaks to that. he said things are too insecure right now in his country he packed up and as you saw cross into the us today. >> all right. david, call her at the border or so alvarez at the white house. thanks to both of you, looks discuss with my panels, so kate, when then president trump tried to restrict asylum at the southern border joe biden not yet, president tweeted this is 2019, quote trump is fighting tooth and nail to deny those fleeing dangerous situations, their right to seek asylum in our nation, we should uphold our moral responsibility and enforce our immigration laws with dignity, not turn away those fleeing violence, war, and poverty, unquote i assume you knew i was going to ask you about this tweet. >> what changed other than the election year? facts of i think a few things. >> first of all, i think it's important to note there are differences between what president biden has put forward today. and for example, family separation, which is a key piece of donald talking about families i'm talking about did not restricting hi, lauren difference. but look, also, we've had for years of rising numbers at the board or the president has been very, very clear that his preference was to do this in a bipartisan way through congress. we know that when the trump administration tried to do this with an executive order, they were challenged in the courts the biden white houses of every expectation that will happen to them too. this was not the way the president wanted to do this, but republicans walked away from the table, were unwilling to work on a bill that was one of the most comprehensive and most significant bipartisan efforts on this like six months ago. >> and so they and they have exhausted so the biden white house is exhausted every other every other option and is now doing this. they want to make sure that they are taking every step available to them, but they've been clear this is not the way that they would prefer to go the president is also 27 points down from donald i'm trump, on the issue of immigration, which is now one of the top issues for the american public. so they had to do something and they didn't get what they wanted in february, we can acknowledge that. but this is kind of a hail mary wright. they because they they have to do something they have to throw hail mary at this point because of the politics of it. >> all. the three-and-a-half years ago, they could have started this, but wouldn't wouldn't you say had they done this 3.5 years ago? don't we think republicans would have used that as an excuse to not come to the table and have a broken can cyst at the best way to address the broken system is through congress, which will be a lot more. >> i don't know that i agree with them illegal. as one thing. one thing that you have to give credit to the trump administration doing is they're tough rhetoric actually brought down the numbers of people traveling to the border and the piece that we just saw these are individuals making decision on us policy that they're getting through their news sources and whatever country in the world ecuador, india, i mean, this, this is now an open gate for the world to come to him. and now it's come down since december for example, because the president has spoken with mexico and they've tried to make some arrangements about busing migrants back, et cetera, et cetera. >> so the numbers are there are high, but they're not where they were in december. i mean, i would argue they'd be a lot lower if congress had passed its bill and put more money into what needs to be funded for let's let's talk about that for one second because one of the border states senator's senator mark kelly, democrat from arizona. this is what he had to say after president biden's announcement today. the political issue happened months ago when after months of negotiation you know, many of us work can together on a plan that had the support of the majority of the united states senate. this is when it became political is one former president decided that he wanted this as a campaign issue and even said that made it very clear he needed this as a campaign issue. that's when this was politicized. >> so let me grant every point you made about being able but for the sake of argument sake of argument about biden could have done this in 2021 or whatever but does senator kelly not also have a point senator kelly as a point only because the biden administration, again, i'm just making coming back to this point had had a number of years to work with congress on this very broken system i don't know who's right here. >> i'm just going to basically say that i know the rhetoric we wrong, but we both could be wrong. and this is one of those tough issues. it's now number two issue. we are going to have to confront it. i think in my numbers might be slightly off here, but yesterday, 3,700 individuals came across the border that they know of this is, this has been just an okay. this on a sieve. this has just been an opening gushing gay joe biden sent a bill to congress on his first day in office, his first day and six months ago, seven months ago, we were closer than we've been in a generation to genuine bipartisan legislation on this, which many, many very far-right members there welcome caucus said was a serious, insignificant bills. and donald trump said, no, i need this as a campaign issue and can't, you can't dispute those facts i thought we all saw at play he republicans were working on it. >> senator line for it. i mean, he was, he was thrown under the bus. and how long have we covered immigration my line more than a decade right? i mean, at least and they finally got close to the finish line. and then donald trump pulled the plug. >> there wasn't it was actually just a border bill. it wasn't even an immigration reform bill. that bill, right? border bill so that's just indisputable. >> and i think for biden now, as he makes this argument moving into the last five months of this campaign, he's not only going to argue about the steps he's taken, including the executive order today, but he also has what i think is now a very potent argument to say, republicans did not want to get this done. they were all taught, they walk. and i'm about solutions. >> a solution. it just briefly, solution is the solution that we had before biden became president get the courts, the courts he's going to have the same issue. >> all right he doesn't disagree with well, i will you guys in the next hour or coming up, us attorney general, merrick garland confronted on capitol hill by some of his sharpest critics. >> hear his defense plus the biden ministration firms, more senior officials, including the cia director are heading back to the middle east to push more for a ceasefire deal. >> the growing pressure that this puts on israeli prime minister benjamin netanyahu to accept that deal coming up russia, we're trying to spy on us. >> we were spying on them. >> this is a secret war. secrets spies sunday at ten on cnn. >> the diary. this did i get hicks where are my keys? 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>> that conspiracy theory is an attack on the judicial process itself. >> republicans firing back the question is what unit kate with them not whether you control them. do you communicate with them and we provide this committee make a request. >> we will refer it to our office of legislative affairs to thing they come in here and you lodge this attack that it's a conspiracy theory that there is coordinated lawfare against trump. >> and then when we say fine, just give us the documents, give us the correspondence. and then if it's a conspiracy theory that will be evidenced, democrats said republicans were playing for an audience of one. >> there were about to nominate a convicted felon and they don't know how to cope with that. >> the gop taking aim at garland for appointing special counsel, jack smith, who is leading the prosecution against trump in two federal indictments. >> did he ask for the job this is not a job. >> i don't think anybody asks for. it's not that sorry. no, but that's not the question i asked you. i said did jack smith asked not asked me for the job. now? >> garland today refusing to comply with the house subpoena for audio of special counsel robert hur's interview was president joe biden over his handling of classified documents in that 388 page report, heard declined to prosecute biden citing in part, how a jury would view him as a sympathetic well, oh, meaning elderly man with a poor memory, releasing the audio would show cooperation with the department in future investigations. >> republicans accusing garland of protecting biden as they threatened he, attorney general with contempt of congress, is it because doj has determined the president is not mentally fit to defend himself and stand trial for his ghraieb, former president trump is i say again, that's an inaccurate description of mr. hur's report undercutting the gop's criticism is the fact that two sitting democratic congressman and the president's own son, hunter, are facing three separate criminal indictments. >> so you've prosecuted democrats and as we speak, a hunter bi