Chris jansing live here at Msnbc Headquarters in new york city. Who is in charge . One of the questions at the heart of the hearing over Immigration Enforcement today, will texas be allowed to take the lead in trying to keep undocumented migrants out of the state . What about the migrants and others who are there legally . Could they be at risk as well . Plus, the new York Attorney general urging the court to reject Donald Trumps claims that it is impossible to get anyone to cover his half A Billion Dollars appeal bond. Whats one suggested solution, he cover it himself by handing over some of his prized Real Estate Properties to the court. And two more members of mississippis socalled police goon squad facing justice for their horrific torture of two black men. The latest on the sentence that was just handed down later on in the show. All right, we want to start with the fate and future of americas immigration system, potentially hinging on a hugely consequential hearing. On one side, an attorney for texas defending senate bill 4 as a necessary means for selfdefense against undocumented migrants coming into this country. His argument, the federal government has failed to secure the border so texas has to step in. The Biden Administration for their part saying theres plenty texas can do, but they cannot infringe on Government Authority an issue the judges honed in on right away. Policies pertaining to the entry of aliens and their right to remain here are entrusted exclusively to congress. Sure. The authority to control immigration to admit or exclude aliens is vested solely in the federal government. It seems to me that congress has said we want the Immigration Laws enforced, and if the United States isnt going to do it, either because they dont have the resources or because they dont have the will, well, theyve no longer occupied the field. And you know, i think at that point it would be appropriate under parker v. Brown for texas to come in. Whats your response to that . Theres a legal response and a factual response, your honor. The legal response, of course, is that the relevant question is what congress has done and congress has robustly occupied this field. But the factual response is theres just its just wrong that the federal government isnt acting in this area. I want to bring in nbcs David Noriega in eagle pass, texas, nbcs Monica Alba Covering The White House for us, and paul butler is a former federal prosecutor, Georgetown Law Professor and an msnbc legal analyst. Paul, if you will start things off for us and kind of react to what we just heard, right . This argument being made essentially that this is federal jurisdiction. This is not for texas to decide and to enforce. Yasmin, the constitution says that enforcement of Immigration Law is a federal matter. Each of the 50 states doesnt have independent authority to decide who enters the United States, who cant enter, and what should be the consequences if someone enters without the proper documents. The framers didnt want each state coming up with its own Immigration Policies and we can see the wisdom of that based on whats going on right now. This bill in texas authorizes cops to deport migrants to mexico. Mexico has said it wont accept them, so now this texas negotiated with mexico and then if arizona and nevada passes their own version of this law, we would have a specter of 50 states all coming up with their own Immigration Laws, and this isnt just speculative, yasmin. Iowa just passed a similar bill to texas. David, the Biden Administration predicting kind of chaos and confusion, wondering if thats exactly what we saw especially overnight in the last 24 hours with this lapse in this stay. Reporter yasmin, the law was not really in place long enough for us to see immediate consequences. Its not just the Biden Administration thats predicting confusion here. Every person ive spoken to who will be tasked with navigating the implementation of this law said they have no idea what its going to look like. It jumped out to me from the hearing that the lawyer relating representing texas, when it comes to multiple questions about what this law would look like on the ground simply couldnt answer. This applies also to Law Enforcement. My colleague Morgan Chesky interviewed a sheriff in valverde county, asked is your department prepared to handle this. Take a listen to what the sheriff said. So right now were not equipped to handle that, but again, i will wait for direction from our from our State Partners and visit with our legal before we move forward with any of that enforcement of senate bill 4. Reporter the takeaway here, yasmin, is that if this law were to go into effect, either fully or partially, we will very much be in uncharted territory. Monica, we heard the attorney for texas essentially saying they dont want to replace border patrol. They want to partner with them. What is the Biden Administration saying about all this and the process really that is taking place right now . Well, the white house has called the texas law, yasmin, unconstitutional. Theyve accused the Texas Governor of really playing political stunts in their words, using migrants, they argue, as political pawns here to score political points, and yesterday when the Supreme Court did allow this briefly to go forward, they said they fundamentally disagreed with that decision because they argue it will make communities less safe and because it does burden Law Enforcement with that kind of confusion. So im told today, now that there is this pause while they try to figure out what happens next, they welcome that so that they have more time for the administration to also continue to make its case, but they do fundamentally believe that this should be determined by the federal government and that there shouldnt be a patchwork of State Rulings and state laws that do lead to more confusion but also inconsistency. So this is really something where the Biden Administration, the white house, the president have continued to talk about the need for more comprehensive Immigration Reform to a system that the president says himself is completely broken, and that is what they tried to do a couple of months ago in congress with this bipartisan border deal that was coming together before it was torpedoed by some of the republicans who had participated in the negotiations because they were encouraged, according to the white house, not to support it by former President Donald Trump because it was seen that he didnt want to deliver any kind of a victory on this front to the current president as he tries to make the case for reelection. So theyre really talking about the politics of all of this, in addition to the policy of it, yasmin, which right now is totally up in the air. Theres the politics, david. Theres the policy, but theres how people are feeling on the ground, right . And im reading a lot about a sense of fear amongst migrants in general. A question that was asked in this hearing as to whether or not sb4 could be used to target undocumented migrants who have been here for quite some time. Is that something that you are feeling and seeing and hearing from folks there . Yeah, yasmin, the fear or the concern that this law could be used as a pretext for racial profiing is very much present. Its one of the main concerns thats being raised by particularly liberal advocates, and it is also a concern thats present in latino communities, not just in texas but around the country because as someone pointed out, this could lead to similar laws being passed in other states. I do want to say, though, as far as the most immediate probable consequences if this law were to go into effect, texas has already been arresting migrants who cross the border under its program called operation lone star. Its just been arresting them under state trespassing statutes. Probably if the law goes into effect, we would see an application thats very similar to that. The people that would be targeted would be migrants that state Law Enforcement actually directly observes crossing the border into texas. That obviously doesnt negate the possibility that it could be used deeper into the state and applied to other populations, yasmin. Paul, david brought up a really good point when it comes to possible racial profiling here. Its something ive been thinking a lot about, especially when it came to the stop and frisk policy here in new york, in which many black and brown kids, teenagers were being racially profiled on the streets of new york city. I want to read for you a statement from the Texas Aclu Sags sb 4 places our communities and those traveling in texas at higher risk of racial profiling and over policing. In that respect, we are all at risk but our brown and black communities are at greater risk of enforcement of this cruel and unlawful law. Are there any limits to keep that from happening . I dont see that there are. The police will be authorized to arrest people who they believe are illegally in the United States. How are they going to decide that . We know from practice that people who look like what the officers think are latinx or mexican or hispanic, those are people who are going to be targeted by this law. This is a big law, yasmin, with different parts. Im concerned that the aspects that will lead to racial profiling, the courts may not be that sympathetic to. I have that concern because there was another law passed in arizona in 2010. Its called the show me your papers law, that required immigrants to carry their documentation with them. The court struck down some parts of that law, but it still required showing the Police Papers for people who are migrants to this country, so im not sure the law from the Supreme Court will actually be sympathetic to the very real concerns about racial profiling. Monica, youve got mexicos Foreign Minister saying theyre not going to be accepting any deportations from texas. Exactly, yasmin, and this is really something that comes in the context of the u. S. And mexico trying to work on this issue more broadly over the last couple of years with the president repeatedly speaking to the mexican president about this issue meeting when they are at Global Summits to try to tackle the larger root causes of migration to identify this, and the u. S. Has really said for a long time that they need mexicos cooperation and help to address some of this, but its clear there that in the comments from the Mexican Government officials this morning, they dont want to take instructions from a particular state versus another one. They also are referencing this larger issue of different rules for different places and that really they feel that conversation does have to take place at the federal level. So theyre looking to their own guidance from the Biden Administration, which has expressed their own concerns. I should point out that the president is on a west coast swing right now. Hes doing Campaign Events in addition to some political and white houserelated events, but he is going to be traveling to texas later today to have some high dollar fundraisers, but its possible we may hear more from him as this goes, as this has been an issue that is going to be a political vulnerability for him as well in november. Certainly Immigration Top of mind for a lot of voters right now as weve been seeing with much of the exit polling. Monica alba, thank you. David noriega thank you as well. Paul butler, stick with me as well. Appreciate that. In just 60 seconds, folks, new york a. G. Letitia james with a strong new message for former President Trump. Will she go after his properties if he cannot post bond . Thats next. E cannot post bond thats next. 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New York Attorneys general Letitia James is in simple terms telling donald trump to put up or pay up. The a. G. Is replying to the former president s claim that he cannot get the full 464 million bond to comply with the court ruling by mondays deadline. Her offices solution, if he cant lockdown a single bond, secure multiple bonds to divide it up. Her office suggesting that the court could just hold trumps real estate for collateral to satisfy the judgment while its appealed. I want to bring in ken dilanian, also back with us paul butler as well. What happens here if month monday comes and goes and he still doesnt have that money, which its looking like he wont at this point . If an Appeals Court doesnt intervene, james can seek to enforce the judgment starting march 25th, and the Attorney General said she will seek to seize some of trumps assets. They could seize his Bank Accounts or go after mr. Trumps golf course, some of his Valuable Manhattan Buildings including trump tower, even maralago in florida. Even though hes been charged in four separate criminal cases, mr. Trumps biggest immediate headache right now is this civil case which appears to threaten his financial wellbeing, yasmin. Normally, paul, if you cannot secure an appeals bond, you cant appeal, and you also cant normally put up collateral for an appeals bond, but if, in fact, they say, okay, you can put up collateral, what is the likelihood, a, theyll do that . And then what . Well, trump might be willing to put up collateral on some of his properties because hes claiming that he doesnt have the cash on hand, 500 million to put up the bond himself, and its not surprising that he cant get Insurance Companies to guarantee the bond for him. Hes a credit risk based on his past business practices, but look, yasmin, trump is creating all of this drama. The real difficult legal issue is if he didnt actually have the money to satisfy the judgment. Weve seen that with rudy giuliani. He doesnt have the money to pay Back Ruby Moss and shay shay freeman. The remedy is what Letitia James is claiming she can secure. She can take leans on this property. Shes got her eye on his process, 40 wall street. She said she looks at it every day. Weve heard this phrase tossed around, fire sale. Its something that we had talked about when this judgment had initially come down. I believe the only building that donald trump outright owns, he has a loan on it, 100 million, is trump tower. Hes still got to pay back that 100 million if hes able to sell that property, and other properties as well, one of which paul just mentioned. Is he looking at the possibility here of a fire sale . Yeah, so people need to understand, mr. Trumps lawyers say he does not have the cash, the liquidity to pay this bond. They say he would have to liquidate some of his real estate at fire sale prices to come up with the money because people would know hes in distress. They say that would cause irreparable injury to the former president. The Attorney General responded that the alternative essentially would be to stick the state with real estate assets instead of cash to satisfy the bond, and those are hard to sell and of uncertain value. The state doesnt want that. The state wants the cash, yasmin. I want to talk about Something Else thats going on down in Fulton County while i have you, paul, and that is this judgment from judge mcafee granting the certificate of immediate review. Essentially saying that trumps attorneys, donald trump as well, could appeal his decision allowing fani willis to remain on the case. So even though the judge is allowing trump to appeal, the georgia Appeals Court doesnt have to take the case, and then the Defense Lawyers could appeal to the georgia Supr