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police and inside that police station as we speak. good morning. it's friday. i'm bill hemmer. >> dana: a lot of news on friday. i'm dana perino and this is "america's newsroom." moments ago danny penny surrendered to police in manhattan expected to appear in court in a few hours. prosecutors will charge him with second degree manslaughter and it could put him in jail for up to 15 years. >> bill: penny is the marine who put jordan neely in a choke hold on a new york subway on the first of may. witnesses say neely was acting aggressively toward passengers repeatedly. his death was rul...

>> 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, y...