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♪ >> steve: it is #:00 here in new york city on this "fox & friends" friday, january 19th. and currently we have 29 degrees here in new york city. here in studio m., it's a beautiful 72 and sunny. >> ainsley: and we have a "fox & friends" exclusive. daniel penny's attorney will join us on the marine veteran's legal strategy after a judge rejected his plea to dismiss the subway chokehold death case against him. >> lawrence: plus, four days away from the new hampshire primary, former president trump is highlighting the rise in prices as americans pay $1,000 a month on groceries. >> i...

border wall and watched as hundreds of migrants were placed in a single file, put on white buss and processed and not quite clear how many were released. also fox news cameras captured migrants in brownsville, texas, yesterday after they were released yet the white house insists there's no mass releases happening. >> the way we see nah -- >> the way we see that is sabotage and it's clear and simple and cvp allowing and encouraging mass release of migrants is just categorically false. that's not occurring. reporter: it's also important to note that right now the government of mexico r...

a new era at the southern border with title 42, the covid policy that blocked migrants at the border expiring just hours ago, but the legal limbo isn't over. a new ruling overnight injecting new uncertainty into the situation, so what's the plan now? and did officials do enough to prevent chaos? >> our system has been broken for more than two decades. everyone agrees about that. it's time not to criticize, it's time to act. >> also breaking this morning, the man accused of killing jordan neely in a new york city subway surrendering to police moments ago. the former marine now facing ...

a man identified as a marine veteran tackled him to the ground and put him in a choke hold. the marine reportedly held him like that for several minutes. >> dana: kneely was later pronounced dead. >> the man seen tackling him was taken into custody and released and not charged yet. that is igniting outrage on the left. protestors taking to the streets. look at your screen there calling for the marine to face murder charges. some democrats are echoing that sentiment and pressuring the d.a. alvin bragg to prosecute him >> dana: kneely was 30 years old. homeless. made a living as a subw...

administration dealing with the tens of thousands of people who plan to seek asylum in the united states. border patrol processing centers are already overwhelmed with people. and complicating matter, a federal judge temporarily blocked the administration from releasing migrants into the u.s. without notices to appear in court. customs and border protection said it will imply -- comply with the order but they insist that the government was prepared for title 42 to end said mayorkas. >> we have been preparing to this to end for a year. i want to be clear it will be challenging but we ...