harbor in southern new mexico. back to you. >> gillian: madison, thank you. mike. >> mike: court hearing getting underway in texas this hour for one of the two illegal migrants accused of killing a 12-year-old girl in houston and dumping her body in the water under a bridge. welcome to a brand-new hour of "america's newsroom," i'm mike emanuel. gillian, great to be with you. >> gillian: i'm gillian turner. dana and bill have the day off. both suspects in the tragic murder are facing capital murder charges. this is according to ice. they entered the country illegally and later caught and released by border patrol near el paso weeks before 12-year-old girl was murdered. the duo lured her under a bridge, removed her clothes, tied her up strangled and murdered her. if the medical examiner determines she was sexually assaulted they could face the death penalty under texas law. >> mike: michael mccaul laid part of the blame on president biden's open border policies. >> we're seeing this too often now. i think you will see this story repeat itself over and over and over again. a little 12-year-old girl who was raped and thrown off a bridge and killed just horrific. when you have 7.2 million that were caught and released and then you have 2 million gotaways, this is what you'll get. when secretary mayorkas changed the rules to his border patrol agents and said you don't have to detain aggravated felons as required under federal law. >> mike: former acting ice director tom homan of the deadly consequences of an open border. nate foye in houston where the hearing is set to begin. good morning, nate. >> the anger and grief still prevalent here in houston, texas as a half hour from now the hearing will begin for one of the two illegal venezuelan migrants charged with murdering 12-year-old girl. the judge in this case is josh hill who has received criticism for being soft on crime and setting low bonds. in this case prosecutors requested a $1 million bond for each capital murder suspect. 26-year-old ramos is the illegal migrant who will be in court shortly. border patrol agents arrested and released him in el paso my three weeks before joslin's murder. under texas law capital murder for a child between ten and 15 doesn't automatically fall under the death penalty. if it is found a sexual assault happened, it would. hundreds attended a vigil for joslin this weekend including the houston mayor saying he will be watching the criminal justice system very closely in this case. >> we are going to see that these criminals are held accountable. what we need to do is send word don't even think about it. if you are thinking about hurting one of our young babies. >> mike, the mayor, this community and entire country will be watching judge hill today and tomorrow. he is criticized for letting violent offenders walk and the largest criminal case backlog in the county. some of his cases have taken years to go to trial. the second illegal venezuelan migrant charged in this murder will appear in court tomorrow. unclear if it will be in person or virtually. this comes ahead of joslin's funeral set for thursday afternoon. mike. >> mike: we'll follow it all. thank you very much. >> gillian: in the wake of these high-profile violent migrant crimes voter say border security is the top issue. biden and trump are expected to face tough questions about their policies at the cnn presidential debate thursday night and simulcast here on fox. bill melugin joins us live from l.a. with a preview. >> good morning to you. thursday night is going to be the first time since 2020 that donald trump and joe biden come face-to-face with each other. they are expected to clash about the border and it will happen after a week of high profile migrant crimes you mentioned. look here last week alone illegal aliens were arrested and charged in the rape of murder of more kemron, the rape and kidnapping of a 13-year-old girl and the strangulation murder of 12-year-old in houston. trump blamed biden for the crimes on saturday. >> day after day, week after week, joe biden is releasing illegal criminals into our communities to rape, pillage, plunder and kill. on day one we'll begin the largest domestic deportation operation in american history. [cheers and applause] >> the biden administration has boasted about reversing almost all of trump's border policies immediately upon taking office. the result has been tay yes at the southern border. we've all seen it. three years of the highest illegal crossings ever recorded with masses of single adult men from all around the planet being caught and released into the u.s. often with court dates years away. also internal cbp data 1.9 million known gotaways have snuck into the u.s. during the biden administration and also a record high. trump and biden visited the border on the exact same day in february when biden slammed trump for his part in killing the bipartisan border deal negotiated in the senate while trump criticized biden for allowing millions of illegal crossers to be released into the country. >> president biden: here is what i would say to mr. trump. instead of playing politics and telling members of congress to block this legislation join me and i will join you in telling the congress to pass that bipartisan border patrol bill. >> this is a joe biden invasion. >> the bottom line. thursday night instead of sniping at each other on tv and social media these two men will have to look each other in the eye and debate one of the most polarizing topics in america today. send it back to you. g>> gillian: bill melugin. >> mike: tom homan. u u.s. immigration and customs spokesperson said both of these people entered the u.s. what is your reaction to that revelation? >> which requires by law they be detained. law says they shall be detained. this administration is not detaining them. i will follow what congressman mccaul said. they are doing it on purpose. they signed over 90 executive orders within two weeks of coming to office and abolished everything we did to create a secure border. i will say this. these young ladies would be alive today most likely if president trump was president because we ended catch and release. we had the remain in mexico program in place. third party country agreements. it was a game changer. illegal crossings dropped to a 45-year low. these people wouldn't have been released. i blame the biden administration for these deaths. they own this. >> gillian: senator warren was on abc over the weekend and replayed a familiar defense of the president on illegal immigration. listen to what she said and get your reaction. >> there have been more than 6.9 million apprehensions at the southern border thus far in biden's term there were just over 2 million in donald trump's entire term. what did the president do wrong? >> this isn't about what the president did wrong. remember, on the very first day that he was sworn into office, president biden asked congress both for the resources and for come rehenceive immigration reform. the republicans blocked it, blocked it, blocked it. >> donald trump didn't have that, either, senator. he didn't have that, either. and there were 2 million during his entire term. >> she is wrong. it is disgusting what she is saying. president trump -- congress didn't trump president trump, either. he took executive action and thought out of the box and again, remain in mexico, third party country agreements and end catch and release. build a wall. walls work. this president could have done the same thing. the proposal he put on the table when he first became president was an amnesty package that wouldn't have solved the border crisis. now he is saying president trump stopped the bipartisan bill that came out of senate. i've done this for 34 years. that plan was a nightmare. it wouldn't have fixed anything. why allow 5,000 people a day before you take action? why not one? what they fail to talk about, the house passed hr2. that would have worked to secure the border. why? because trumps policies. we proved it work. why would you negotiate against success. president trump knew there was a better plan. he is a smart guy and he gets it. >> mike: get your reaction to the foxnews.com headline. white house promotes biden official who compared police to slave patrols, wants to abolish ice. what message does that send? >> message i've been talking about for three years. this administration does not support law enforcement or the mission of ice. ice -- i always said when you hear abolish ice, i said they will never abolish ice. they will abolish the mission and they did. look at the removal in the last 3 1/2 years of historic illegal immigration, ice has the lowest number of arrests and removals in the history of this nation. a quick note to the mayor of houston who sounded like he cared about this issue in houston. if you really care, end the sank temporary policy in houston. let your agents communicate with ice. ice has no access to the jail. police are not allowed to work with us. if he really cares, end the sanctuary policies. it is a sanctuary for criminals. >> thank you for joining us. >> gillian: this we're tracking. torrential rain turning the heartland into wetland. how folks are coping as the water rises. >> mike: day two in president trump's classified documents case. will it drag on during the heat of campaign season or can his lawyers get it tossed? >> there has been chaos on the 18th green. climate activists stormed the course. is this the best way to make their case? or is it about to backfire? we're going to get into it next. 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(♪) if you're a veteran wife, homeowner, and the family bookkeeper, you're the first to know when high rate debt is stressing your budget. but your family's service has earned you a big advantage. the va home loan benefit. with the lower rate newday 100 va cash out loan, you can pay off high rate credit cards and car loans. that's real money you can use to take care of your family and home. there's an old saying in the navy that the toughest job in the navy is a navy wife. and if you've made the deployments and you've been the wife at home, or you've been the spouse at home, you understand what i'm talking about. your spouse has earned the right to apply for a va home loan. the newday 100 loan allows you to borrow up to 100% of your home's value. so if you're in a situation where you need some help financially, give us a call. >> gillian: welcome back. supreme court is set to take up a historic cast on transgender care for children. a challenge to a tennessee law that bans procedures. the first time the high court will consider restrictions on treatments like puberty blockers, hormone therapy and surgery. it will be argued in the october term. >> governor kim reynolds issuing a disaster declaration in the wake of severe flooding and aid to help impacted families. max gordon is live in rock valley, iowa. a river levy broke prompted the evacuation of 1500 people. good morning, max. >> good morning. good news is the floodwaters are starting to go down after the levy broke but the damage behind me. this manufactured home being pushed onto the street there due to the force of this water. governor kim reynolds declaring states of emergency in 21 counties in iowa. again many evacuations, emotion people forced from their homes. this has been an immense amount of rainfall here in the upper midwest. some rain gauges and radar estimates showed parts of minnesota, iowa and south dakota picking up eight to 18 inches of rain in some spots over the weekend. the ground is saturated and nowhere for the water to go. rivers are swollen. several reaching all-time high crests. river basins in iowa and south dakota as they sit downstream of the heavy rain. water rescues and evacuations. one person confirmed dead in south dakota due to this flooding. in iowa flooding is blamed for a train derailment. nine train cars were knocked off the tracks at 4:30 a.m. on friday. the sheriff's office said no hazardous materials were spilled or involved. volunteers will be checking on neighbors and people handing out donations and the governor touring scene of destruction in rock valley. >> mike: our best to the folks in the flood zone. >> gillian: another hearing just getting underway in former president trump's classified documents case. legal team is picking up where they left off friday arguing jack smith was unlawfully appointed by merrick garland in 2022. joining us is andy mccarthy, fox news contributor and former assistant attorney. is there anything to the arguments that the trump team is making to get this case tossed out? >> i think it is a very substantial argument, gillian. the appointments clause, which is the constitutional provision that controls appointments of this kind, provide that you have to have one of two things. either you have to have a position that is created by law where congress has prescribed a way for the person to qualify, often what they do is senate consent is required. not always how it goes. it has to be created by law. the other thing is with major offices in the united states, which they call principle offices, you have to have nomination by the president and confirmation by the senate. the problem with smith is he was not appointed by a statute. he hasn't been nominated. he wasn't confirmed. he is basically appointed by a justice department regulation and the attorney general under the constitution does not have the power to create an office position like this. >> gillian: so the prosecution arguing back says that garland does unquestionably have the authority basically there is nothing but precedent to back that up and insist there is oversight of the special counsel in this case and that is the attorney general. what do you say to that? >> well, the problem with that is two-fold. one, most of the precedence that they're talking about don't apply to a special counsel who has been appointed under the regulation. so we've had special counsels that back in the day under the old independent counsel statute well appointed under this statute that congress enacted. then we have had special counsels even though they weren't basically appointed for the investigation they were asked to take over like durham, fitzgerald, weiss in the hunter biden case, they were all u.s. attorneys already, which meant they had been nominated by the president and confirmed by the senate. the precedents they're talking about don't really help. the other thing is, attorney general garland has said from the beginning that he doesn't supervise jack smith. the whole point of appointing smith was to try to create some distance between president biden and the biden administration, including the biden justice department, and the prosecutions of trump. i've always thought it was a fiction. but the fact of the matter is the attorney general has said he is not doing the very thing that the special counsel says he is doing, overseeing smith. >> gillian: we'll see where it goes. a lot of legal experts say this is among the stronger of the four criminal cases that trump is facing. we'll see what comes out of the court appearance today. thank you so much, andy. >> my pleasure. >> mike: illegal migrant accused of killing a 12-year-old girl will face capital murder charges when his hearing gets underway in any moment. >> as a congressman, you coming after me, you coming after my family, you coming after my children. >> mike: congressman jamal bowman throwing profanities and threats and gears his messaging even farther left. ♪ every day, more dog people are deciding it's time for a fresh approach to pet food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. ♪operatic music♪ ♪ ♪ ♪♪ ♪ you were made to find inner peace. we were made to track flight prices to paradise. >> gillian: one of the two illegal immigrants accused of strangling a 12-year-old girl in houston and leaving her body in a river is making a court appearance right now. it is his first one. the other venezuelan man charged in the murder of joslin is set to appear for his first appearance in court tomorrow. we're learning her mother is at that courthouse right now and we're standing by for a read-out from our court reporters. [shouting] [crowd booing] >> mike: climate activists waving smoke bombs and wearing no golf on a dead planet t-shirts storming the 18th green and delayed a pga event on sunday. they were arrested and now facing multiple charges. let's bring in outkick founder clay travis, good morning. >> thanks for having me. i continue to see that the climate protestors are managing to make people not support their cause. i think this came on the heels of defacing stonehenge, right? i don't know that i've ever seen a group consistently protest and decrease the amount of support they get as a result of their protests. like these climate protestors have been doing for the past 15 or 20 years. but i guess maybe they could have also been screaming free scotty scheffler since he himself was arrested in louisville recently. maybe there could have been a little irony there. i think most people particularly sports fans and certainly golf fans shrugged it off and said it is ridiculous. the same people gluing themselves to basketball courts as well. i don't think any sports fans have had their minds changed based on the protests so far. >> mike: the final hole of the tournament. scheffler has a one lead. he wins the tournament. his supporters chant usa, usa, usa. clearly they were more focused on the golf and not the political statement, clay. >> no doubt. scotty posted one of the most incredible rounds ever after he was arrested in louisville. he went out and i believe shot a minus five at the tour championship he was competing in there, which is -- speaks well for his mental dexterity and toughness and the same thing would be true here. i don't think he anticipated this would be happening as he tried to make sure he preserved his one-shot lead there. even after all that chaos, he stepped right up and made the shot. usually in golf decorum and creeping crowds silent are a big part of every aspect of the performance on the course. we haven't seen this for a long time and hopefully won't see it a lot anymore. >> mike: the olympics are in paris. they will provide air conditioners to athletes undercutting the climate agenda. the average temperature in france is 79. the paris mayor saying i want the games to be exemplary from a climate point of view. >> how many of the people complaining about the united states olympic team having their own air conditioners are going to be flying to the olympics on their private jets? a lot of people, i would bet. which will use way more carbon than anything that could happen from the air conditioning units. if it helps the overall united states olympic team performance to have the temperature at 68 or 69 or 70, more power to them. money well spent. and i can't imagine that have many americans would disagree. if other countries aren't willing to do this to me, hey, that's the breaks, maybe you will perform better if your athletes are sweltering late at night in their bunks. i would want an air conditioner. i would want climate regulated conditions if i were an olympic athlete. i think the ioc is doing a good job. i'm surprised joe biden let them do it. again i would wager that almost everyone complaining about this will at some point be traveling on a private jet that uses far