try vicks sinex. >> ainsley: a fox news alert. this is a live look over the southern border as migrants flood into the united states following expiration of title 42. >> steve: that was midnight. now the sun is coming up and wave after wave have risked their lives to get in and now some are carrying young children, as you see in some of the images. agents face 10,000 encounters this week, but now the flood gates are open.

>> brian: matt is live, the sun is up, what are you seeing? >> here in el paso, they have been seeing 2000 migrants per day crossing here and historically el paso has been very busy. 265,000 migrant encounters here this f fiscal year. this is the sacred heart shelter. the big question is what el paso and will southern border will look like today since title 42 expired last night, a few hours ago. a statement from mayorkas. starting tonight, people who arrive at the border without using lawful pathway will be ineligible. the border is not open. if you do not not use available

entry, you will face criminal prosecution. in addition to title 42 expiring last night, a judge in florida blocked parole with condition program in which the biden administration wanted to release migrants while awaiting processing. now that judge ordered migrants cannot be released without a court date, which prohibits catch and release. here in el paso, migrants have been coming from mexico and vaen. a short while ago, our group saw a fresh group of migrants arrive and be placed on a bus for processing. this is a scene we have seen over and over again at the southern border for more than a year now. >> steve: matt finn reporting from texas. speaking of texas -- >> ainsley: bring in congressman dan crenshaw, house -- commerce

committee and served our country valyebtly. thank you for coming on. it opened eight hours ago at midnight, 8:02 on the east coast. what do you expect to see today and the days ahead? numbers are higher than ever monday, tuesday and wednesday, more than 10,000 apprehended. >> dan: i'm expecting to see mass incentive to rush the border. you have seen on the texas and mexico bort, a doubling over the last month. migrants feel tadministration i not serious. what mayorkas has said about using title 8 to enforce the law, that is all great as long as they do it. the problem is that every legal

immigrant coming across and every cartel member helping them come across realizes by now they are not serious when they say they will enforce the law. there are a couple loopholes, as well. migrant can say the app wasn't working and i had to cross this way, that is in their plan. they can bring additional family member with them, it is chain migreation on steroids. if mayorkas and biden do what they wrote down, we'll have a better situation, the problem is will they do it. >> steve: exactly. house republicans passed a bill to improve border security and i know that you were one of the people who said a bunch of other republicans wanted essentially to -- they decided to go ahead and have a commission to study whether or not that should

happen. explain for the folks who are watching dan right now what you are thinking is behind that. >> dan: sure. if biden would sign hr-2, it will fix the bill. that bill is designed to fix loopholes and abuse and secure the border. the good bill we passed yesterday. the one problem there, if you're a border hawk, folks from the border hawks like myself, who are really hawkish on securing the border, we don't actually want to label the cartels as terr terrorist organizations. it would make the immigration crisis worse. we believe you should have a different label for them. have authority to go after them. you can't outflank me when it

comes to being aggressive on the cartels, i want to use every means to target them. you have to be careful of the side effects, that is what that discussion was about. i appreciate the speaker doing is allowing us to start a task force that i will lead for future cartel legislation. this legislation hr-2 doesn't deal with cartels, we'll do it separately and, methodically and have a team of members with staff that will be a focal point for all cartels that crosses the committees and i'm excited and proud to lead it and i thank the speaker for doing this. >> brian: this will turn to domestic afghanistan, we are seeing overwhelmed border patrol and special forces actually pushing people back for the

first time getting ahead of the border patrol. chaos in new york has the city overwhelmed and sending against the county wishes into the suburbs and no place to put these people. they are breaking our system and border patrol came out and said if anyone is dumb enough to believe the lies from the white house, seek help and stop being manipulated from the white house, they are lying to you. our border is on fire and they throw gas on the fire. dan, how has letting 6 million people in, who we know nothing about, helping our country? >> dan: it's not. it is a priority to pass a border bill. >> brian: the white house says it is dead on arrival. >> dan: the main problem is in new york, a liberal voting environment that biden has to

listen to. when they say they can't handle this anymore, democrats have to listen. i'm sorry, because you live there. fact remains this is happening in democrat-held areas. maybe that is one thing that gets this administration to listen. the border is on fire, no new news here, it is getting worse because biden administration will not enforce their own laws. they are sending the military down there, people think to deter it. no, they are going to process people. biden doesn't want appearance of chaos. democrats never passed border security legislation. they passed legislation to make it legal as opposed to illegal and then they can say people are coming in legally. they are not serious about this. look, republican voters got to get out and vote and win

elections and sustain majority and win in '24 to fix this. >> brian: what will be left, colombia, china, peru, kazakhstan, russia, guinea, afghanistan, jamaica, india, turkey, these is thes have arrived at the border over the last 48 hours. this is reported to border patrol and back to us. the word is around the world, you get in here, you can stay here. how will we afford this? >> dan: yeah, you can't. this is a huge strain on resource and education and healthcare. this is fundamental thing democrats don't understand. okay, we say look, if you take a poll and say where do you want to be right now, they will say the united states of america.

they will come if you let them, democrats can't comprehend that simple notion. shouldn't there be a standard or line someone has to get in to come inside the country otherwise it is unsustainable? and they hee-and-haw, what about our feelings, screw your feelings, do what is right and makes sense and rationale. you have to have a line and make people stand in line. this bill we passed yesterday is our message to them that says, look, you have to work with us. when it comes to passing the budget later this year, biden has to sign, you can bet there will be provisions of hr-2 to force them to take action. >> steve: the headline all across the united states is about let's see what happens. nobody knows more than you do

down in texas. thank you for joining us live. >> brian: congratulations on heading up the task force. >> ainsley: and dennis wayed may be coming to your area of the world. >> ashley: hunter biden laptop shows divorce lawyers for hunter biden and his exwife were aware of payments from a romanian deal and discussed halving the payments. john brennan's testimony confirmed the letter was politics. here is jordan. >> he sat for a four-hour interview and confirmed this was all political. antony blinken contactses mike morell and asks what he thinks about the laptop issue. >> ashley: federal prosecutors are deciding if to charge hunter

with violations. >> ashley: southwest airline pilot association says 99% have voted to authorize a strike. the union is putting more pressure on the carriers. if you have a flight coming up, don't worry, the airline says the vote will not have an effect on scheduled flights. that is good. and dolly parton and garth brooks hosting 58th academy of country music award. live goat on stage to symbolize the greatest of all time in a genre. dolly rocked the stage with a performance to promote her first rock-and-roll album. listen. ♪ what is true have we all lost sight of common decency of wrong and right. >> ashley: and lany wilson taking home four awards, best

female artist, album, visual and beast music of the year and morgan wallen was honored with -- reschedule six weeks of shows and old dominion took home trophy for best group. those are headlines. >> steve: a big night. thank you. >> ainsley: dolly is so cute. >> steve: fantastic. >> ainsley: late 70s, heels and -- >> brian: danny penny arrived in court surrendering in the choke-hold death of jordan neely. geraldo rivera will discuss it next. >> ainsley: tornados breaking out as flash flooding threatens our nation. the states bracing for severe weather. >> steve: don't miss the meltdown knockdown issue the

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>> ainsley: fox news alert. just moments ago daniel penny surrendering to the nypd, set to face charges in connection withlet choke-hold death of jordan neely. todd piro has the latest. >> todd: within the last 10 minutes, the attorney for daniel penny came out to address the media saying his client is ready for what is about to come, but

reiterating this man devoted his life to service to our country. in the video, 8:01, a black suv pulled up to where i am in front of the fifth precinct where daniel penny got out quickly and went into the fifth precinct. we are here because da alvin bragg's offices the marine will face second-degree murder charges for the killing of jordan neely. jordan neely's family is demanding penny faces consequences. this is a clear example of why he believes he was entitled to take jordan's life, his words show why he needs to be in prison. his attorney said, when he

stepped in to protect himself and his fellow new yorkers, his well being was not ensured. we are confident that once all facts and circumstances surrounding this incident are brought to bear. penny could receive 3-1/2 to 15 years in prison. protesters took to the streets for days calling jordan neely's death a murder. more protests are expected today, there is not much in the way of protest activity out here now. entire processing inside the fifth precinct is expected to take two hours. >> ainsley: let's bring in geraldo rivera, co-host of "the five." what are your predictions? what will happen to daniel penny? >> he'll be charged with manslaughter in the second degree, a vigorous trial. his attorneys will surely invoke

self-defense. self-defense allows a person using deadly force may not only prove they feared for their lives or someone else's lives, they were reasonable in conduct. was daniel penny reasonable in his use of force to stop jordan neely? now jordan neely was an aggressive homeless person, 40 arrests, had out dstanding arre and should not have even been on the streets. i urge people to remember how this case started. when we heard that the marine saved fellow passengers from this aggressive person, even the mayor adams said, riders have a right to defend thechlsz themselves in a transit system

that is like this. it is a tragedy, i'm sorry it happens. i think the marine has a vigorous defense. my problem with what he did, though, as veteran street fighter, did he go too far? was there a point where jordan neely was subdued, where penny could have stopped his choke hold and let jordan neely live? i think that will be the question, whether or not a reasonable person would have held that choke hold on jordan neely as bad as he was, for as long as he did? i think that question of reasonableness will be key to this case. >> ainsley: do you think the city is charging him just because of the protests? >> geraldo: i think that is a big part of it, the arc of mayor adams first saying justified in

a city where the subway is a homeless shelter and other hand, jordan neely life matters came after the protest and the family. this is a tragedy, horrible, sorry this ever happened. however, the marine has a good defense, the question is whether he stopped soon enough. he was even told by others standing around, you're going to kill this guy, ease up and he did not. it will be a close case, interesting to watch and it will be wrought with racial tension. >> ainsley: it is tough for people like you who grew up fighting professionally and a marine who grew up learning to defend himself. if you see harm doing done, it is hard to step back and allow the violence to happen. now people will stop because they will be nervous something can happen to them. it is tragedy and life.

thank you, geraldo. have a great weekend. from aaron rod gers jets debut, the n.f.l. is ready to kickoff the season with the newly released 2023 lineup. hi. ♪

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>> brian: we're back with fox news alert, it's not good. series of tornados tearing through the great plains, carving destruction in kansas and oklahoma. look at the wreckage south of oklahoma city, powerful system tore apart homes and buildings. flash flooding continues through the plains to texas and gulf coast to this weekend. i feel guilty being in nice weather. check in with janice dean, who is close to me. >> janice: i am very close to you. hi. this is brian right here. >> brian: you blew the elusion. >> janice: you are never close to me, i had to do this.

>> brian: thank you very much, i appreciate it, janice. i look forward to seeing you in person. ashley strohmier, you have been cueing up the news. >> ashley: in virginia, fairfax county police officer attacked inside his own police cruiser. a suspect snatched the officer's gun and crashed the cruiser into a parking lot. responding officers shot and killed the suspect to save their brother in blue. >> he was fighting for his life, suffered scrapes issue bruises, his eyes bloodied and that is on camera. he was in a fight for his life inside of a police car. >> ashley: police say the suspect stole a u-haul truck in richmond prior to the attack. israel trading strikes with palestinian militants, air raid

sirens in jerusalem and near the gaza border and forces retaliating with air strikes. this flare-up ending a lull that started after israelis operation claimed lives of leaders in gaza. been trying to broker a ceasefire and awaiting a response from tel aviv. >> brian: former n.b.a. star dwight howard who played professional basketball in taiwan, drawing fierce backlash in china after referencing taiwan as a country in a promotional video. watch. here we go. right? hello, i'm dwight howard, since i came to town, i gained a new appreciation for this country. >> brian: he is apologizing because he called taiwan a country and red china is upset. with me is charlie alna.

great to see you. were you surprised dwight howard, retired from the n.b.a., chose to apologize to china for calling taiwan a country? >> not at all, in 2021, john cena said the same type of comment and had to backtrack because of the backlash. the n.b.a. is in bed can china, huge part of market share, as is the music industry. when you have a public figure showing love to taiwan, china does not like it and you have to wonder what the incentive is to backtrack? maybe he hopes to play in china? did the n.b.a. demand this apology? maybe he wanted to work for the n.b.a. >> brian: enes kanter freedom spoke up.

now he can't get a job and would be an asset to half the league. talk about the n.f.l. when they released the schedule, it is now a big deal. let's talk about the top three players you chose we should be watching this year, aaron rodgers, lamar jackson and anthony richardson, one of the many rookie quarterbacks in the league this year. start with richardson. >> i'm an indianapolis girl, colts are my team, i'm praying we have found the answer since andrew luck retired. anthony richardson is a dualal threat quarterback and working with the coach that worked with ja len hurts and we just saw hurts now with second richest contract because lamar jackson overtook that. >> brian: are you a rodgers

believer, especially goes to optional training sessions, seems to love the new york sports scene. >> this is a new aaron rodgers, he is embodying this lifestyle, did you see him court side? people are loving him, it was great. retire or find a new home. he's with the jets looking to bring them to the promise land. >> brian: all he had to do was sit for a week. >> easy. >> brian: top three games, jets against bills, jets against chiefs and chiefs and eagles -- i should say eagles at chiefs, big rematch. >> absolutely. super bowl rematch and eagles fell short losing by three points and in the offseason, you saw ja len hurts get the

contract extension. both teams done a lot of work. this could be a big one. maybe the two will meet in the super bowl in vegas come next year. >> brian: jaguars, one of the most exciting teams in the league, they will be in london two weeks. will play two games, two separate stadiums, are they getting used to maybe being half landon, half jacksonville? >> they do international business, they have a soccer team in europe, as well. this translate says easily and building an international audience. >> brian: jackson jaguar fans may not be happy about it. >> i have a show launching this fall, before the season, a morning show and we will be talking about stuff like this, as well as a whole array of topics. >> brian: don't miss the week

one games on fox and christmas day showdown giants and eagles on fox and charly guarantees the giants will win that game. >> i did not say it. >> brian: i'm hoping, time is up for title 42, but the worst is yet to come. our border panel returns as america braces for tens of thousands of illegal immigrants pouring in. i will speak over the tractor trailer, heading oud for the meltdown knockdown. the epic battle, somehow i signed a release form, i will do that against another brian, pete hegseth and another good athlete, i think it is abby or jimmy. we believe at newday usa we have a noble purpose. our purpose is not just closing a loan. we want to do

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>> steve: fox news alert.

ad at midnight title 42 ended and expelled migrants nearly three million times from the united states. now as border residents brace for what is to come, what will happen today without title 42? here with more is texas rancher john sewell in uvalde, texas, and allison anders and retired cbp officer rosa ariano. john, start with you, one thing you are worried about is with this gigantic invasion of people, the people joe biden entrusted to keep us safe, border patrol will be busy processing people and ultimately what will happen while they are doing paperwork? >> well, they will leave us to fend for ourselves unfortunately

and we've been doing that quite a bit. we have good presence with local law enforcement. there are highways with -- border patrol has trains to worry about, as well. they had last friday over 200 on one train. last night, they checked six trains and had 30 plus. these are not good guys, they are getting smuggled in and it will take a couple days for the cartel to organize where holes are and can bring bad guys to drop us off and let them get around the check point here. >> steve: allison, you are worried about resources. god forbid you need something because while everybody's eyes are on the southern border, you are at your house and neighborhood, who is there for you? >> right now, i heard from a neighbor that said they are maxed out and they apologize.

that leaves us, we are on our own and it is neighbors defending neighbors and looking out for each other and we are covered in gotaways. no slowing down in the smuggling cases off the back of my property. it is a huge concern, especially with our children here. school will be out soon and everything that this administration has done has not brought numbers down. they continue to go up and that will affect us in this small community and our backyard. >> steve: rosa, i know you served this nation proudly, retired cbp officer. the administration has had two years to get ready for today. yet we heard from the president saying it will be chaotic for a while. that is not what you want to hear. >> no, we don't. at least we're grateful he's acknowledging by using the word chaos. once we heard he used that word

chaos, things will really go bad. our main concern at the border, within the city, we see how border patrol is overwhelmed with illegals coming in near the port of entry and thinking if people are getting frustrated having to wait, they are having to wait for days at a time under whether conditions, where will they come through next? they will target ports of entry and it will cause chaos. they do not want to endanger anybody. they will close down the operations for undetermined amount of time and we have people that come and go and they are stuck on the mexican side. it is a major concern at the border. >> steve: real quick, ask each of you to give example of how you have personally observed what is going on? john, start with you. you are a rancher, how have the migrants coming in impacted you?

>> they impact us on a daily basis. we have problems with fencing and infrastructure. our water wells in particular get a lot of pressure. they turn them on, leave them on, they try to pull the wires out of them to charge their phones. it is an everyday problem. unfortunately, i don't see it getting any better. i can't believe the american people are sitting by watching this unfold. i've never been more disgusted in the direction of our country than i am today, almost to the point of hopelessness. >> steve: allison, your personal story? >> we've had everything from dps pursuit on our property, had illegals on our property making demands and knocking on windows.

there is trash on the property and damage on the property. these are people less than a mile from the highway, intentions they have are my greatest concern, they have bad intention. these are bad people with criminal history. it is a serious concern. >> steve: your story issue the other story would freak me out. rosa, the final word. >> for us, it is medical services, if we go to the eshg r, we will be waiting and we see how they are giving priority over us and we have to make the extra two to three times to seek medical attention. it is pretty sad. >> steve: see what happens on this, the first day after title 42 ended at midnight. john and also rosa, and allison, thank you for joining us live. good luck. they are going to need it. 14 minutes before the top of the hour and ashley has an update on

the story that heartbreaking story from two weeks ago. >> ashley: it really is, steve, police in south carolina reveal the suspected drunk driver accused of killing this bride and hurting the groom issue got behind the wheel with blood alcohol level three times the legal limit. jamie camroski, admitted she had two drinks, when asked how drunk she was on scale of 1-10, said 8. elon musk will be handing over ceo duty at twitter to someone new and says she will be starting in six weeks. according to the "wall street journal," he is being looing to pass the torch to nbc universal's linda yakarenno. now to spring football, almost time for week five in the usfl,

12:30 east other than time tomorrow and after that game, the two-two gamblers face off with the three-and-one stallions, show boats face the rakers. catch both match ups on fox. back to steve. >> steve: thank you, coming up, time for the meltdown knockdown, your favorites on fox are up early for a fox square competition. who will be the last one standing? we'll start the competition in about three minutes. lomita feed is 101 years old this year and counting. i'm bill lockwood, current caretaker and owner. when covid hit, we had some challenges like a lot of businesses did. i heard about the payroll tax refund, it allowed us to keep the amount of people that we needed

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>> daniel penny who put jordan neely in a choke hold on the subway will be in court today. migrant stack up at the border, bill melugin has shocking images as the -- goes to bat for asylum seekers and voters in georgia want president biden to debate >> janice: /* --

>> steve: it's a beautiful day in new york city, temperatures are warming up. it is time for classic "fox and friends" fun on fox square this morning. clowns for kids.com, has brought meltdown knock-down competition. see who can remain standing. are you guys ready? everybody assume your positions. >> janice: did you sign waivers? >> steve: get to your places so everybody can start. one minute on the clock. the whole idea, this has poles that knock people down. your favorite hosts will have to jump over it or duck down. one minute on the clock. ready, sets, go. scombl >> this is a terrible idea. >> watch your head. >> steve: you can duck like that, or jump. >> look at jimmy failla. >> steve: everybody is down.

abby is only one standing. >> so is brian. pete hegseth. jimmy, almost a meltdown. and down goes brian kilmeade. oh, man, this is wicked. 15 more seconds, 27 seconds. brian, you can't fight the pole. >> disqualified. out, you're out, brian is out. >> let go. >> steve: geez pete hegseth. okay. >> janice: here we go. >> steve: pete, what are you doing? okay. one minute. all right. that was terrible. stop, stop, stop. stop for a second. style points, nobody. let's do one more round, one more minute. brian brenberg, you're a

cheater, do not hold on to the pole. one more minute. ready, go? abby, be careful. i love this thing. you can get the inflatable meltdown knockdown game at clowns clownsforkids.com. all right, pete, look out. my goodness, look at that. >> wow, abby and brian, not good. ainsley, are you okay? >> actually fun. >> janice: abby is doing well. >> steve: pete is still up. there goes -- >> janice: i don't want to be in the possible. seven, six, five, four, three.

this is crazy. all right. janice dean and i will put our head together during the commercial break and discuss who the winner is. >> janice: i think i know. not good. >> steve: round of applause, everybody, you did great. king's hawaiian sliders are ready. great, i invited a few more friends. ♪ hey pops - what's cookin'? ♪ and i am linda.

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charlie and abby. it's a tie. they did so well. >> they did well. >> they landed on their feet. >> is anybody hurt? everybody okay? >> bye, everyone. >> bill: good morning, everybody. a new day on the southern border. the policy that made it easy to kick out migrants, title 42, is officially gone. it ended at midnight last night. thousands of asylum seekers waiting for this moment to happen. the mass of humanity will everywham border agents and national guardsmen for days, weeks or months to come. here in new york to a case reigniting the debate on public safety. the u.s. marine who put a homeless man in a choke hold 11 days