the scene after shooting at a grocery store. 2 people are dead, multiple injured and a suspect is in custody. police providing an update this hour on this and will have more on this later. it at border front now front and center as a string of colonel cases involving illegal migrants continue to develop. ice confirming the migrant charged with rape and murder of marilyn mom entered united states as a got away. separately ice telling fox the man charged with killing of 12-year-old houston girl crossed the border illegally earlier this year and ice just confirming to fox the ecuadorian national charged with raping a 13-year-old girl in new york city was also caught and released. it's all coming down as president joe biden and donald trump are preparing to face of next week. welcome everyone. i'm charles in for neil cavuto and this is your world. we begin with fox news brian yunus with the very latest in a 3 of these cases. >> reporter: let's begin with a gruesome case of houston where prosecutors say 2 venezuelan nationals lord 12 euros jocelyn nungaray under a bridge, took her pants off cacti her up before strangling her to death and throwing her body into a bio. the 2 suspects 26 old franklin peña and 21-year-old johanne wrangle martinez crossed illegally into the us this year. both men were caught by border patrol in may and march respectively in el paso but like millions of illegal immigrants they were released and given notices to appear in court. both men are charged with murdering a 12-year-old girl. today and marilyn viktor martinez hernandez illegal immigrant from el salvador made his first court appearance were he was reported the denied bail and detained. he's charged with murdering and raping rachel more. accord into ice hernandez made 4 attempts to enter the us illegally within a matter of weeks in 2023. he was caught and sent back 3 times before he successfully a crossed illegally in el paso in february 2023 is a known got away someone who evades border patrol and enters the us illegally. rachel morin was murdered six-month later in the hiking trail. there's 1.9 million known got a ways in the us. since president biden took office. the half-sister blames her death on his administer should. >> as far as i'm concerned the biden administration has the blood of rachel morin on the hands. it is sickening because this could have been prevented the. how many more like this? is just really sad and no 1 is safe. >> charles: the ecuadorian illegal immigrant accused of raping a 13-year-old girl in queens christian inge was ordered to be deported in february of 2022 by new york city judge but never was. border patrol encountered the 25-year-old crossing illegally into eagle pass texas in june os with a notice to appear in court. he became 1 of the 7.4 million cases and ice's nondetained docket made of of millions of migrants that are released into the us and monitored by ice agents as their cases are adjudicated. >> charles: thank you very much. so what is the white house saying about these cases as president joe biden hungers down at camp david for next week's cnn presidential debate? that debate will be simulcasting on fox. fox news peter doocy is at the white house with more. >> reporter: we are getting a better sense how president biden will talk about these cases when trump inevitably billy brings him up at that debate. white house officials telling us murdered marilyn mother of 5. we extend our deepest condolences to family and loved ones of rachel morin. we cannot comment on active law enforcement cases but fundamentally we believe people should be held accountable to the fullest accent of the law if they are found to be guilty. that debate prep is consuming bidens entire schedule the next couple of days. trump remains on the campaign trail in some swing states but he's not staying out on the trail because he doesn't think biden will be tough. >> i assume he's going to be somebody that will be a worthy debater. i would say. i don't want to underestimate him. >> that's a change in tone from mr trump that's on the radar of biden world insiders. >> i agree. at the ky setting the stage. a adia leidums expectations for the president of terrible debate and barely put 2 sentences together. we know that's not the case with joe biden. he can put sentences together and he is very strong at debate so i think president trump sort of hurt his on hand here. >> we haven't seen anything on president biden's public schedule between now and thursdays debate in atlanta. >> peter doocy at the white house. thank you very much. want to go back to 3 criminal cases, the migrants at the center of them either caught at the border and released or in 1 case slipped through as a got away. how do we get to the bottom of this? want to ask arizona sheriff mark daniels. we had a conversation so many times. you have warned us so many times and to see it come to fruition after this every some of things talked about from notice to appear 7.4 million, no way you can monitor that many people to being caught and released and of course the got away's cam guthrie of these systems have resulted in millions of folks we don't even know what they're doing and a lot of them up to no good. >> thanks for having me charles. let me say this. i'm so saddened. this is what i been talking to you about and many other media throughout the united states talking about what's going on on our border. my heart goes out to these families these communities that are dealing with this right now. this avoidable census act and i just saw the statement from the white house on the show with you and that so shallow. that's showed cheap because the bottom line is we can avoid this. this is a type of the criminal spee or when it comes to its want to be happening as a result of 3 and a half years leaving the border open. people come in a country the don't affect our culture and rule of law and the people within. this is so sad. >> i want to get back to the white house statement. in addition to make shallow obviously a take 0 responsibility, mention 0 efforts to make sure these things never happen again. we know that the first tool of law for cement's deterrence. that's why we build fences and why you may have barbed wire. that's why you have cameras. the best thing to do is to deter folks from doing something wrong in first place and therefore not having to investigate and adjudicate and not having victims. this administration doesn't appear to want to do anything to deter these things from evolving >> there's no consequences. the catch and release that's icy so much frustration with border patrol agents because it's a catch and release game jacket i say this i been a law-enforcement 40 years and wanting a bin taught since day 1 is rehired in a target, we educate prevent and enforce based on hard and target. and anybody reasonably say the border is harder now to cross that was 3 and a half years ago? we know the answer and it's not. there's no consequences come across our border. >> there's greater security at disneyland. you can get into disneyland, you cannot sneak in there but you can waltz. we seen them waltz smiling laughing mostly able-bodied young man who should be somewhere building their own nation probably so where we go from here? we had this conversation every week for far too long tack and the sorrows and the crime. it doesn't go away. it seems to be getting worse. >> isaac it's going to get a lot worse. i would say that. sharing the border jackets america's crisis. we have to recognize that but always come to get better as the intended consequences we are seeing was a result of no engagement, no prioritization dollarton from the white house and 51% of congress. they've got to get politics. when you protect your political party over people you'll have tragedies like this. when you're silent about it and reembraces the insults we are seeing in this country. we've got to enforce the roll can come across the border illegally. you automatically excelled from the country no questions asked. federal law the world people already made that law but we set that aside as president biden states last 3 and a half years. it's and he may not to take care of them the americans are dying. ask those families. >> less than a minute to go. mexico just had a major election socialist candidate 1 who has sort of an agreement it feels like with crime figures there. nothing on her agenda talks about crime what the organized crime that's run amok over there and it looks like they'll continue to turn a blind eye. how important is it at some point that we have someone in the white house that forces mexico to help us keep our borders secure. >> it's all about leadership. we've got to get some leadership in this country. leadership, it's not about the position but about the ability to influence others and number 1 prior to whether local sheriff elected president of united states is to protect our community's and protect our citizens. we need to mexico but you've got to influence mexico to it right now we are not doing that. >> thank you so much for the work that you've done. it's tough job and we do appreciate you. god bless you. all right folks brutal temperatures. those ac costs we know they are going through the roof. only adding streaming on household budgets was any way around it? in an investigation underway after a southwest plane comes way too to close for comfort over oklahoma homes? find out how close. but first social hearing putting social council jack smith to the test today is donald trump fights a classified documents case will cut decide what's on it. off the covers... or blasting the air conditioning. because only the tempur-pedic breeze is made with our one-of-a-kind cooling technology that pulls heat away from your body. so, the mattress feels up to 10° cooler all night long. during our july 4th sale, save $500 on tempur-breeze mattresses, and sleep cool and comfortable, all summer long. learn more at tempurpedic.com. i'm andrea, and this is why i switched to shopify. it gave me so much peace of mind. if we make a change, my site's not going to go down. and just knowing that i have a platform that we can rely on, that is gold to us. start your free trial today. i won't let my moderate to severe plaque psoriasis symptoms define me. emerge as you. with tremfya®, most people saw 90% clearer skin at 4 months and the majority stayed clearer, at 5 years. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge as you. emerge tremfyant®. ask you doctor about tremfya®. ( ♪ ) higher shipping rates may be “the cost of doing business...” but at what cost? turn shipping to your advantage. with low cost ground shipping from the united states postal service. ♪ it's time to feed the dogs real food, not highly processed pellets. the farmer's dog is fresh food made with whole meat and veggies. it's not dry food. it's not wet food. it's just real food. it's an idea whose time has come. progressive makes it easy to save with a quick commercial auto quote online. so you can get back to your monster to-do list. -really? -get a quote at progresivecommercial.com. >> police in fordyce arkansas getting ready to hold a briefing after deadly shooting at a grocery store there. 2 are dead and the number of others are injured. madison scarpino has more. >> hello charles. we are waiting on an update from law enforcement in arkansas. that's set to happen in 15 minutes but we'll go through it we do know. go ahead and take a look at this video that we have from the scene and arkansas. it happened in fordyce arkansas in dallas county. you can see a large police presence. arkansas state police confirmed they responded to a shooting around 11:30 am central time at the mad butcher grocery store. they confirm 7 civilians were shot. 2 of those people are dead. there was 1 law-enforcement officer who was shot but they are expected to be okay and police are telling us that the shooter in this case was quickly injured after they were shot by a law enforcement officer. we are starting to see some reaction common from state leaders can't governor sarah huckabee sanders says she's been briefed on the tragic shooting and calls it a horrific incident. we are just now hearing from senator john bluesman who says he's quote heartbroken by the horrific violence in fordyce and grateful for the courage of law enforcement. just to paint a picture of where the 7, fordyce arkansas in dallas county is an hour south of little rock arkansas and it's a small town. there's only a population of about 3200 people. the 7 at a local grocery store the mad butcher grocery store and we are waiting for more information from law enforcement expected in 15 minutes from now so give you all that information we receive as it comes in. back to you. >> charles: will bring the pressure when it happens. right now we are looking live at florida or donald trump's legal team is calling for the documents case to be thrown out. they claim attorney general mayor carolyn so pointed jack smith special counsel was unlawful. to fall outside the courthouse. in florida where it all went down. >> court wrapped up about an hour ago with judge eileen cannon not making a decision regarding today's hearing. she is expected to issue a written order in the coming days and but today really focused around multiple hours, several hours of very tense and technical legal arguments from both sides. trump's team arguing doj regulations don't actually allow for attorney general mayor carolyn to appoint a special counsel. they believe since special counsel jack smith's appointment was unconstitutional smith cannot prosecute former president on the case therefore the case should be thrown out. special counsel smith's team says the argument doesn't hold water. several courts have rejected similar or near identical challenges regarding other special counsel's in the past and because of that judge adding cannon appointed by trump in 2020 is facing criticism for slow walking the case, seemingly delaying it ahead of the november election. former us attorney for the southern district of florida kendall coffee says the paste of the pretrial hearings is justified given the gravity of the 40 felony counts former president faces. >> a lot of unfair criticism is being lodged against judge can pick the facts she's giving extra attention, extra time to these issues is a positive and people forget about the fact classified information procedures act is complex. 's. according to her folks were inside the courtroom today they said judge eileen was very engaged asking a lot of questions about sides but towards the end of the day she depress prosecutors about what role attorney general mayor garland had in the indictment of former president trump. the prosecutors declined to answer. charles. >> thank you very much. how to my next guest see all this playing out? want to bring in constitutional law attorney along with former deputy assistant attorney general tom dupree. let me start with you tom. can you hear me? >> i had charles. so your thoughts on what occurred today? >> it was a long density of constitutional arguments the probably only a lawyer could love. a touch judge cannon was engaged with a lot of tough questions for both sides. she didn't make a decision but the fact she held his hearing tells me she's taking these challenges seriously. as the reports noted this is an argument that's not been accepted widely. other courts have considered these types of challenges to the authority of special counsel's and independent prosecutors and rejected them so i think the trump team probably has a bit of an uphill battle on their hands. but the fact she wanted to hear argument on this. she actually invited some participants people who are not parties to the case but who are scholars or otherwise knowledgeable about these issues to come in and participate in the argument today, all of this tells me she's thinking about the seriously giving very careful consideration to these challenges to jack smith's authority. >> to the point where there any questions or any other sort of rebuttals you can glean from the judge that might suggest that the outcome is still up in the air that maybe we could see something that could surprise a few legal experts? >> the reality is this is an issue of first impression in the 11th circuit and in many federal courts and it is serious constitutional question about the legitimacy of the special counsel program and the authorities of an individual whose unelected to go after specially former president of the united united states. these are novel embrace years constitutional questions so i think judge can and has a lot to consider but not only for the trial level but it really is case goes ahead and if it does go to trial and there's conviction on appeal to be able to have the federal courts to thoroughly review these regulations and these laws as they pertain to the constitution and what is actually authorized. >> still no decision in a donald trump immunity case before the supreme court. also know that i'm going to get to you and ask you first. do you read into that? is it taking a long time? we had a whole bunch of decisions today that were really intriguing. some of the odd bedfellows were intriguing. certainly sparked a lot of attention and so it's even added in my mind more intrigue to how this case is going to be decided >> you said it. a lot of us were expecting to get that decision this week. we didn't. looks like the supreme court will issue this is 1 of the last acts before they adjourn for the summer and head out the door. i don't read a whole lot into it because as you know typically the supreme court does end its term momentous decisions. those of the cases that are most complex that often have dissenting opinions that take a long time to draft in their cases frankly where the court may well be wrestling with the outcome until the last moment. this case checks all of those boxes. adebisi a complete get a case. it's on the lsat historic precedent for the ages that will be applied to future presidents and i have no doubt the court understands the importance and the gravity of it's decision and it wants to get right. >> as a nonattorney following this it felt like sides of the political ideology i'll had some issues with respect to a president. how much immunity a president should have even ex-president, he in and how do you thread a needle like that when may be an ex-president should have some immunity but not maybe unlimited immunity? >> that's the big question here because once you start getting into hypothetical scenarios with the president to of course is a branch of government into 1 person you start to see how easy it could be for opposing political parties to come in after the fact and start to reanalyse decisions of the executive under some sort of criminal theory and obviously that's what the supreme court is going to try to differentiate between here and ultimately i do believe based upon oral arguments that they will grant some degree of immunity to the president. the question is exactly how they will thread the needle and what the test will be but i think most importantly regardless of what the test is and where the limits are the immunity decision could have an impact and will have an impact on basically all of the cases former president trump has faced and will be facing because a lot of the cases involve acts committed during his time in office including the near case so certain it will be very impactful not just for president trump but for future president class and for our country. >> katie tom thank you vos we much appreciate it. that light in the sky as a sou