i'm margaret brennan in washington. breaking overnight -- a state of emergency is called in a texas border city as officials brace for the end of a covid-era rule, allowing the expulsion of migrants. we'll have the latest. border cities are overwhelmed once again in migrants seeking asylum. the streets of el paso are filled with migrants forced to wait in freezing temperatures. we'll talk with two house members from texas, republican tony gonzales and democrat henry cuellar about thenc funding the

vernment and finishingphopeak e virginia democratic senator joe manchin. plus, we'll talk to the white house senior adviser for public engagement, keisha lance bottoms. finally, with more than three-quarters of the nation's hospital beds at capacity, we'll check in with former fda commissioner dr. scott gottlieb about the viral trifecta of rsv, flu and covid crippling the country. it's all just ahead on "face the nation." ♪ good morning. and welcome to "face the nation." as the country wraps up year-end business and prepares for the holidays, there is once again a crisis at the u.s./mexico

border. typically the influx of migrants seeking a better life in the u.s. comes during a warmer weather, but a pandemic-era rule that allows migrants to be expelled on public health grounds is set to end wednesday. that rule is called title 42. that's putting added pressure on border cities like el paso, texas, and yuma, arizona, where states of emergency have been issued, as well as in cities like denver and new york where border state governors have been sending those migrants. we begin with west virginia democratic senator joe manchin. he is in charleston. good morning to you, senator. >> good morning, margaret. how are you? >> i'm doing well. i'm glad you could join us. you wrote this letter to president biden this week, saying there would be a complete loss of operational control at the southern border once title 42 ends in about three days. so, what more can the administration be doing? and what can congress deliver in

the coming days? >> well, let me just say, the border, we have a crisis at the border. everyone can see that. i think everyone realizes something has to be done. 42 needs to be extended until we can get really, truly immigration reform. immigration reform will not happen in our country until we all come, both sides of the aisle, republicans, democrats and administration, that you have to have total border security. >> the courts ordered 42 to be struck down. >> i understand that. the president needs to use every bit of power he has as an executive to find a way or ask for an extension. the president can basically, i think, ask for that extension. i think his administration is doing that or will do that. i sure hope they do. we need an extension until we can get a viable answer to for this. right now this is unattainable. this is wrong. you can't do this to the southern border. john cornyn, my colleague, senator from texas, they're on

the front lines, state that borders mexico, it's unattainable. >> what can congress deliver in terms of emergency funding? as we understand it, unless the supreme court steps in, title 42 is going away. >> yeah, well, the executive order -- we could pass an emergency piece of legislation if we could all come to an agreement that title 42 has to be, by law, extended and have the president sign it. done. we're going back in monday. it's just -- it's a crisis. when you have a crisis, it seems like we can manage under a crisis in a bipartisan way. it's a shame we've come to this gridlock. >> you said recently you have a worker shortage in west virginia right now. how do you get to bipartisan legislation on legal migration when you are about to face a republican-controlled house that's vowed to impeach the homeland security secretary? >> yeah, well, first of all, it's an unfair charge.

i think the gentleman is very competent. he can do a good job. they need to unleash him, let him do his job. that's what i have said before and i'll say it now. with that, we have got to do basically immigration reform. my state of west virginia needs more workers. we need people that want to come here for the right reason, to provide for their family a better quality of life. my grandparents, great grandparents brought my grandparents here in 1900 on both sides of the aisle from italy and czechoslovakia for that opportunity. i'm -- i'm a product of that. and we have so many people that want to come to our country. there has to be a legal pathway forward. that's all we've been talking about. the 2013 piece of legislation that we worked on and passed in a bipartisan way in the senate never got a vote in the house. use that as the building block. that was a piece of legislation that was responsible and reasonable, and it basically all centered around border security. but it gave a legal pathway forward to come into this

country, work your way to legal citizenship. that's what we need. >> well, we will see in the new congress if that becomes possible. you on the energy security front have also been raising concerns. you were the critical vote that helped the president get his green energy plan passed as part of the inflation reduction act. that really ticked off republicans, as you know. but you also said you had a second deal with democratic leaders endorsed by the president, to back up a bill to speed up permits for natural gas pipelines and other energy projects. why did this collapse? >> ar deal. it was all one deal. it was basically, how do we have energy security. first of all, the i.r.a. is an itselfic bill, the inflation reduction act, and the bipartisan infrastructure act which has energy concerns in that that me and my staff and

the energy committee worked on. we wrote the bill, basically the i.r.a. portion of that bill for energy. when you talk about inflation reduction, it brings down drug prices, insulin prices, health care costs. it does all those things. on top of that, we need more energy in the market. i know it's been touted as a green deal. that's the farthest from the truth. it's bipartisan energy security. you cannot be the super power of the world if you don't have energy independence. energy independence means national security. that piece of legislation we wrote and worked on basically takes a double path, ten years certainty that we're going to have fossil fuel, the horsepower that runs our country, the cleanest in the world. we don't have to go to iran, the most prolific terrorist supporters in the world. we don't have to go to venezuela, who has very little oversight on the environment. we can produce the fossil in this country to be totally

independent and help our allies with the cleanest fossil in the world. while at the same time we're investing record amounts investments. we're not spending and throwing money at it. we're investing it to bring new technology for the future of the world. that's what that bill did. that's a very important piece of legislation. >> but you were trying to get permitting -- >> my -- >> -- for drilling and projects sped up with this other bill. and ten democrats voted against the permitting bill. only seven senate republicans did vote with you. have you talked to the president about trying to revive it? >> it has to be passed sooner or later. everyone knows that. they keep saying, we'll get a better deal when the house goes republican. i say to my republican friends and colleagues, you've had the entire gambit from 2016 to 2020 when you had the president being republican, the house and the senate. you tried permitting. you had one democrat, me, i'm the only democrat that voted for major permitting reforms. we know the lay of the land. mitch mcconnell knows basically

the structure and how the legislature works and how the senate works better than most. with that being said, we had a perfect situation here, 40 democrats voted for permitting reform they had not supported before. and there was a majority, only seven republicans voted for something that all 50 had supported before. so, you tell me, if it's about policy, is it about politics? something's wrong. this is why people are so upset with what they see going on in washington. permitting reform, basically with inflation reduction and bipartisan infrastructure bill, margaret, if that all doesn't come to fruition, unless you're able to do things. we're the only civilized country in the world that takes two and three times longer than anybody else. if we don't do something on permitting reform, then the pipelines that we need to carry the energy we demand and also the transmission that will help carry the new technologies of the future won't be done in time and that money will be stranded.

that's what we're dealing with. >> we'll see in the new congress if you can get that done. you were pretty fired up after this failed. you said, i serve with an independent voice, not a political party. what's clearer now than ever party politics are paralyzing you talk about toxic tribal politics. why are you staying a member of this tribe if it's so toxic? >> well, here's the thing about it, you know, i really don't put much -- much validity in the identity of being a republican or democrat. i think we're all americans. i grew up in an age when if you're a republican or democrat, we all acknowledge we had a problem. we all had different ideas of how to solve the problem. but we were all trying to solve the same problem. it has basically transitioned itself now to where how can we blame somebody else? how can we create a problem and blame somebody that makes them unpopular? that's not what i signed up for.

and i speak out. i speak out against the democrat party and against the republican party when it's wrong. >> i know you do. >> basically people are sick and tired of it. >> you said recently you consider yourself strictly an independent. do you see an advantage in this environment to becoming unaffiliated, to becoming an independent? >> well, let's see how basically these two pieces of legislation, which are really history as bipartisan infrastructure bill and inflation reduction act, let's see how that plays out. if people are trying to top something from doing so much good because of politics thinking somebody else will get credit for it, let's see how that plays out. right now i have no intentions of changing anything except working for west virginians, trying to give them better quality of life and making sure our country is energy secured. that means national security will be the super power of the world. i'm not going to be relying on other parts of the world or other countries to delivering energy for what we need for our

economy in defense of our country. >> that sounded like a little warning to democratic leaders that you're considering something in the future there. you said, let's see. >> margaret, let me just say, if i can say this to you, they know how independent i am. the deed does not saddle me to everything democrats want t a the ers. n'alys wrong, and vice versa. i don't look at things that way. where i come from is basically how do i survive and make it better and the quality of life we can extend to more people? that's it. if republicans have a good idea and i like it, i'm with it. if i'm the only democrat, which i have been many times, i feel comfortable and come home and explain it. on the other hand, you have to speak truth to power. when democrats are doing something -- on the inflation reduction act, it's a shame it went through only reconciliation. that was a bipartisan bill. you can walk and chew gum. provide more fossil fuel

cleaner, provide more investments into cleaner technologies. that's what's coming and that's what we have to embrace. >> senator, thank you for your time this morning. i hope you have a good holiday. >> thank you. we go to texas republican congressman tony gonzales whose district covers more than 800 miles of the u.s./mexico border in west texas. good morning to you, congressman. >> good morning, margaret. thank you for having me on. >> you heard the senator there callingreform bs you know, unless the supreme court steps in, title 42 is going away. what has the federal government told you is coming to your community in the coming days? >> yeah, it is a dire situation in el paso. as you know, the city declared a state of emergency. this is something you do when there's a hurricane, a fire, an earthquake. what is happening is it's a hurricane of migrants. and everyone is impacted. i represent 823 miles of the southern border. i've seen this exact play out a year ago in del rio is what's

happening in el paso now. i was just in el paso a few days ago. and what i saw at the my granted center, i had never seen before. i have visited -- i had visited the processing center there many times. what i saw were hundreds, over 500 migrants in a pod, they call them pods, essentially a large cell, that holds about 100 people. there's one bathroom, the odor is terrible. there's eight pods in there. so, those are the good conditions. outside just above the hill, there's thousands -- a little over 1,000 migrants waiting in outdoor conditions. not to mention the people that are waiting by the bridge and ' viewers who are just looking at video that you provided to cbs that i believe you shot inside those facilities. we are relying on that cell phone video in part because cbs news and other media organizations have not been permitted to film recently inside those facilities.

why do you think it is important for the public to see what's happening inside? >> yeah, margaret. i visited there for a few reasons. to know the ground truth and to be able to share the ground truth. also to let the border patrol agents under incredible amounts of stress not forgotten. what i saw shocked me. i wanted to share that with the world. it's not about politics. it's not about trying to create this image that isn't there. this is the reality. this is the facts. we're not even at the worst of it yet. hundreds of people stuck in a small area is not good for everyone. what i also saw was people without socks and jackets. it's going to be in the teens later this week. so, it's a very sad situation all the way around. what i'll also say, enough with the finger pointing. i don't care how we got here. how do we get out of here? there are things it is administration can immediately do to alleviate this stress. >> like what? >> this isn't the first time an administration has had a crisis.

every presidency, president obama, trump -- >> this is a hemispheric crisis. >> what are some things the administration can do? title 42 is gone. we have pushed and pushed and pushed. we are three days from that being gone. the administration can reimplement a couple programs that made sense, pacer and the harp program. having immigration judges at the border. meaning you get your asylum case heard in days, not years. if you do not qualify for asylum, you get returned back to your country of origin via repatriation flights. you turn that back on with enforcement and all of a sudden the stress gets down. i worry if that doesn't happen, we may be shutting bridges down. the city of el paso produces $830 billion worth of trade. you shut down one day of that trade and commerce, that's $60 million. it will impact everybody, not

just those that live along the border. >> so, the biden administration's asking congress for $3.4 billion to prepare for this surge. do you think this will happen? would you vote for it? >> i think it's needed. it's absolutely needed. but throwing money at a problem does not solve a problem. you can have an unlimited amount of soft-sided facilities. the problem is enforcing the laws already on the books. i'd also argue the bulk of people that are coming over are just trying to live a better life. i get that. they're coming here for economic opportunities. bt that doesn't qualify for asylum. going back to immigration reform, i would love to have a conversation with the administration to work through something, work visas make sense to me. pathway to citizenship, amnesty, that's dead on arrival. what people have tried before has no chance of working. you have to start and build out from there. i hosted the president in uvalde, and, you know, six months ago. i asked him, mr. president, i'd

love to visit with you about the border. he agreed to it but i have yet to have that conversation with him. >> you're putting your finger on the need to get bipartisan legislation done, but i got to be honest with you, a lot of your fellow republicans are not talking that way. in fact, there's calls, as you know, to impeach the homeland security secretary. we had michael chertoff on this program, the bush era homeland security secretary, a republican, who said this was a political stunt, a waste, never going anywhere. how do you defend your party prioritizing impeachment when you're saying it is dire crisis in need of substantive legislation? >> we certainly have to secure the border. it's very difficult to have the conversation on immigration reform when the border is not secure. but i also say, i've hosted nearly 100 members of congress these past two years -- >> i asked you about

impeachment. >> impeaching mayorkas or -- >> yes. what republican leadership is talking about prioritizing. >> yeah, i think that's going -- hearings are absolutely going to take place. where that leads us, who knows. i take impeachment extremely serious. that's a case of emergency, break glass. impeachment, that's a long process. the city of el paso needs help today. not a year from now. >> all right. congressman, good luck to you and your community in the coming days. we'll be tracking everything. >> thank you, margaret. "face the nation" will be back in one minute. stay with us. what will you do? ♪ what will you change? ♪ will you make something better? ♪ will you create something entirely new? ♪ our dell technologies advisors provide you with the tools and expertise you need to do incredible things. because we believe there's an innovator in all of us.

hey! did you hear? there are new covid-19 booster shots designed for recent omicron variants. thank you. pfizer. the more you want to do, the more we want to do. schedule yours at vaccines.gov. ♪♪ meet mixtiles! they stick and restick. choose from dozens of anvoa! buyfor free.tyles. go we want to go to democratic congressman henry cuellar whose district covers 200 miles of the mexican border, including the city of laredo. >> good morning. >> the number could double according to estimates as soon as this week.

you represent a lot of border patrol agents. are they prepared? how is morale? >> well, first of all, morale is not good because they feel that the administration doesn't have their backs, number one. number two, are they prepared? no. even the $3 billion you mentioned a while ago, that money is going to be used for proc processing, going to be used for food and shelter and transportation of migrants. it doesn't address the issue we're facing at the border. there are thousands of people coming in, but you have to look at one thing. in the last two years we had over 35,000 rescues, border patrol saving people that could have died. we also had 1400 people that died, including children. now, is this the most humane way we address asylum? no. i think what we need to do is have a pathway where they go through the bridges in an orderly way, and then, and then, margaret, if they don't follow that pathway, we need to send

them back and say, follow the way. i'll finish this analogy. if someone invites me to go to their house for lunch, i decide to go through the back door, through windows, what hours i come in, it doesn't work that way. we need to set asylum procedures in case. >> it's extra complicated with venezuelans and haitians and cubans and people coming that can't be sent back to their countries of origin. how do you solve for that? >> yeah, i mean, without a doubt, those three countries, cuba, venezuela, nicaragua, those countries are a little more complicated. the top 15 countries include colombia, mexico and includes also peru, ecuador, and in the top 15 you also have russia, india, georgia, the state also, and turkey also. so, in the top 15, you know, people are understanding across the world that the southern

border is open. >> congressman, we have a lot more to talk to you about on this, so i want you to stay where you are. we have to take a quick commercial break. we ask all of you to stay where you are.

one story we've been following closely is almost at an end. the congressional investigation into the january 6th attacks. the committee will release their final report this week and then thousands of pages of interviews and documents will be released to the public soon after. cbs news will cover that final meeting monday at 1:00 p.m. on our broadcast and streaming networks as the committee determines if they will make criminal recommendations for those people they've been investigating, including former president trump. this is a leading healthcare system with five nationally ranked hospitals, including two world-renowned academic medical centers.

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this programming note, be sure to tune in tomorrow to "cbs mornings" for their exclusive interview with newly re-elected georgia sdement senator raphael warnock. as for us, we'll be right back with a lot more "face the nation." stay with us.

[captioning funded by cbs sports division] captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org. james: let's rock, week 15. phil: goff, 22 touchdowns, 7 interceptions and sacked 19 times. bill: zak is back. and he is qrt