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Migrants released from Rio Grande Valley without court dates

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tzahiV/iStockBy QUINN OWEN and BENJAMIN SIEGEL, ABC News

(WASHINGTON) — Immigration authorities in the Rio Grande Valley in Texas have been releasing a growing number of migrants from custody before they have court dates, a practice that Republicans have pointed to as the latest example of the Biden administration’s struggle to handle the growing number of people trying to cross the southwest border.

Although it’s not unique to the Biden administration, even some Democrats are pointing out the unprecedented nature of the move.

“They released about 150 people, families, without even a notice to appear,” Rep. Henry Cuellar, D-Texas, said on ABC News Live Prime of the actions taken over the weekend. “I’ve never seen that before.”

Fifteen Republicans, led by Rep. Andy Biggs of Arizona, wrote to Department of Homeland Security Secretary Alejandro Mayorkas, saying the releases “raise serious questions” about the agency’s “commitment to fairly enforcing the law.”

However, Ruben Garcia, the director of Annunciation House, an El Paso, Texas, organization that helps support migrants, immigrants and refugees, told ABC News that asylum seekers don’t always receive a court date at the time of release and that notices of appearance are sometimes sent by mail to the addresses of their relatives or sponsors.

Two Customs and Border Protection officials told ABC News that more migrants than usual in the Rio Grande Valley area have been released on a case-by-case basis without notices to appear in court in an effort to more quickly process them through CBP custody and reduce overcrowding.

“Instead, those limited groups of migrants are now responsible for completing their processing and setting up their court appearance at their final destination where they can continue their claim for asylum,” said one official who was not authorized to speak publicly.

One source familiar with the matter told ABC News that only migrants deemed low-risk were being released without a specific court date.

Outside of the Rio Grande Valley some migrants have been released with notices to appear, but no court dates. At the Val Verde Border Humanitarian Coalition, which provides temporary relief for migrants after their release from Border Patrol custody, one aid worker noticed the line “yet to be determined” in place of a date and time on several recent notice to appear documents.

Asked about the initial reports of the releases on Monday, White House press secretary Jen Psaki said the actions only applied to “narrow circumstances,” and that the impacted families are tested and quarantined as needed ahead of immigration proceedings.

“If families are going to be deported and they’re awaiting deportation, they don’t need a court date and they don’t need a notice to appear because it has already been determined that they will be sent back to their home countries,” she said. “Sometimes that takes a minute to ensure there is proper transportation and steps in place to do that.”

In a statement about the letter from Republicans, Biggs said the Biden administration “continues to add more incentives to those who willfully break our laws and take advantage of our system.”

Sarah Pierce, a policy analyst with the Migration Policy Institute, an immigration research organization, told ABC News that the actions in the Rio Grande Valley aren’t “unprecedented,” and that Border Patrol facilities are trying to process migrants “as quickly as possible.”

“This is typically a last-ditch effort and reflects significant capacity issues at the local level,” she said, adding that similar actions were taken at times during the Obama and Trump administrations during the 2014 and 2019 surges of migrants at the U.S.-Mexico border.

Former President Donald Trump blamed Democrats for creating a policy of “catch and release” for migrants that went in and out of custody from the border, calling it a “Democrat rule.” But in reality, the Department of Homeland Security has released migrants from custody across administrations. Usually they are given a notice to appear, sometimes with court dates and, more often now, without.

Copyright © 2021, ABC Audio. All rights reserved.

Boulder mass shooting victims remembered, including police officer, future grandpa

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Chet Strange/Getty ImagesBy BILL HUTCHINSON and MEREDITH DELISO, ABC News

(BOULDER, Co.) — They were community residents going about their normal routine of shopping at a grocery store, unaware that it would be the last act of their lives.

Among the victims were a 25-year-old grocery store worker who was raised by her grandparents to be strong and independent and a 61-year-old man who will never be able to see or hold his expectant grandchild.

The names of the nine civilians and one police officer killed in Monday’s mass shooting at the King Soopers store in Boulder, Colorado, were released on Tuesday, just hours after the last body was removed from the supermarket.

“I don’t know all the details at this time. I’ve spoken to some of their families, and I can just tell you that they’re heartbroken and this is the worst call you could ever receive as a family member,” Boulder Police Chief Maris Herold said at a news conference.

Among those fatally shot was Officer Eric Talley, 51, a father of seven, who was the first officer to respond to the store when 911 calls about the shooting came in. Herold said Talley was shot when he rushed into the store to save lives and engaged the suspect in a gunfight.

Her voice choking with emotion, Herold read the names of the other nine victims, the youngest 20 and the oldest 65:

— Denny Stong, 20

— Neven Stanisic, 23

— Rikki Olds, 25

— Tralona Bartkowiak, 49

— Teri Leiker, 51

— Suzanne Fountain, 59

— Kevin Mahoney, 61

— Lynn Murray, 62

— Jody Waters, 65

Colorado Gov. Jared Polis said the victims were people of all ages “who started their day with a cup of coffee or reading the morning paper, perhaps getting their kids ready and putting on a winter coat to go out.”

“None of them expected that this would be their last day here on the planet,” Polis said at a news conference. “A simple run for milk and eggs, you know, getting ready to shop. Going in the regular way we all lead our lives, something that we can all identify with, led to a complete tragedy here.”

The “senseless tragedy” hit close to home. He said he lives in the community and has shopped at the King Soopers store.

“My heart aches today, and I think all of ours does as Coloradans, as Americans, for this senseless tragedy, the loss of life,” Polis said.

Here’s what we know about the victims so far.

Officer Eric Talley

Being a police officer was a “higher calling,” Herold said of Talley, who joined the police force at the age of 40.

Talley previously worked in information technology, but enrolled in the police academy after a close friend died in a DUI crash, his sister told ABC News.

“I can tell you that he’s a very kind man. He didn’t have to go into policing,” Herold said. “And he loved this community, and he’s everything that policing deserves and needs. He cared about this community, he cared about the Boulder Police Department. He cared about his family, and he was willing to die to protect others.”

Herold said she recently had Talley and his family in her office to present one of Talley’s sons with an award for saving the life of his little brother.

“Officer Talley taught CPR. He taught his family CPR. And one of his sons’ swallowed a quarter, and because Officer Talley taught his children CPR, one of his sons was able to save the little boy’s life,” Herold said.

His children range in age from 7 to 20.

“He loved his kids and his family more than anything,” his father, Homer Talley, said in a statement.

At the White House, President Joe Biden praised the “exceptional bravery” of Talley and expressed his and first lady Jill Biden’s “deepest condolences” to his family.

“When he pinned on the badge yesterday morning, he didn’t know what the day would bring,” Biden said of Talley. “He thought he’d be coming home to his wife and seven children, but when the moment the act came, Officer Talley did not hesitate in his duty, making the ultimate sacrifice in his effort to save lives. That’s the definition of an American hero.”

Rikki Olds

Rikki Olds’ uncle, Robert Olds, told ABC News on Tuesday that his niece was a “strong, independent” woman who had worked as a manager at the grocery store for six years.

“She was bubbly. She was the light of the room,” Robert Olds said. “Her giggle, her laugh would just bring you up to her level. You know what I mean? She was so loved, and she will be so missed. We are heartbroken and saddened and devastated.”

He said his family was notified around 3 a.m. Tuesday that his niece was among the deceased.

“We called the police, we called hospitals, no one had information,” he said of what he and his relatives did before they received the grim news. “We sat on the fence for 13 hours. There’s got to be a better way. My niece is lying on the concrete floor of that … store by herself.”

Robert Olds said his niece was raised by his parents, Rikki Olds’ grandparents.

“My dad, Richard Olds, instilled in Rikki that you need to be strong, you need to do it on your own. It’s not about anyone else, it’s about you. Don’t depend on anyone else. Depend on yourself,” Robert Olds said, adding that his father passed away six years ago. “My mom raised her as well, and she is still alive. She knows, and she is devastated. This is not supposed to happen that way.”

Suzanne Fountain

Suzanne Fountain was remembered by friends from Boulder’s theater community as a talented, caring woman.

“She was a lovely woman who has and will always be in my heart,” Billie McBride told ABC News.

“Just know that she was extremely talented, kind and wise,” Kevin Hart added.

Steven Mark Tangedal, who produced a show Fountain performed in back in 1990, described her as “mesmerizing.”

“Anytime I saw her name, I wanted to see the show she was in,” he told ABC News.

Fountain was the house manager for eTown Hall in downtown Boulder, where she was a “bright light to all she met,” the venue said in a statement on social media.

“We were proud to have her represent eTown in our community as she welcomed people into our space hundreds and hundreds of times,” the statement continued. “This is an unfathomable loss for all of us and a painful reminder that our society can and must do a better job to prevent these acts of violence from becoming normalized in our culture. This is heartbreaking.”

Kevin Mahoney

Kevin Mahoney’s daughter, Erika Mahoney, posted photos on Twitter of her father walking her down the aisle at her wedding last summer. She wrote that she is now pregnant.

“I know he wants me to be strong for his granddaughter,” Erika Mahoney wrote. “My dad represents all things Love.”

Biden ordered flags to be flown at half-staff at the White House for the second time in a week. Last week, the president had flags lowered to half-staff in honor of the eight Georgia spa shooting victims, an order that expired at sunset on Monday.

“Jill and I are devastated, and I just can’t imagine how the families are feeling, the victims whose futures were stolen from them, from their families, loved ones, who now have to struggle to go on and make sense of what’s happened,” Biden said.

Copyright © 2021, ABC Audio. All rights reserved.

'We knew he was getting closer': Boulder shooting survivor recounts how she, her son escaped

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ABC NewsBy EMILY SHAPIRO, ABC News

(NEW YORK) — When a gunman opened fire at a Boulder, Colorado, grocery store, Sarah Moonshadow, who was there shopping with her son, timed the gunfire to figure out when to flee to safety.

Ten people, including a police officer, were killed in the Monday afternoon shooting at a King Soopers grocery store. A suspect is in custody.

It was supposed to be a quick grocery run for Moonshadow and her son, but they ended up “stalling a bit, looking around,” Moonshadow told ABC News’ Good Morning America on Tuesday.

“And at first I was kind of kicking myself, like, if we had left a little bit sooner maybe we could have avoided things,” she said. “But then I realized that we probably could’ve been in a lot bigger trouble had we left any time sooner, because when we had gotten out of the store, there were people lying in the street.”

As gunfire erupted, Moonshadow said her focus was keeping her son close to her — and she worried about what would happen if he stood up too much.

“I just didn’t want him to be too tall and become, like, a moving target,” she said. “Because we couldn’t tell exactly where the shooter was — we knew he was getting closer to us.”

Moonshadow said she tried to focus on the sound and direction the gunfire and counted the seconds in between shots.

“I just looked at my son and I told him — by the fourth shot I started counting — and I told him, ‘We have three seconds. Stay low and don’t look. And just move fast,'” she recalled.

“And he almost hesitated,” she said. “And I just told him, ‘We don’t have another option. We don’t have any other chance to get out of here.'”

After escaping the store, they hid behind a stone, she said.

Moonshadow said she felt she was out of danger once she saw a police officer arrive on scene.

“I tried to flag him down,” she said. But “my son was really scared and he said, ‘No, please don’t go.'”

The officer pulled up to someone lying in the road, she said, and then she heard more gunfire.

“We just started running further back,” she said.

They weaved through several buildings until they found safety at a community member’s porch, she said.

The officer who died in the gunfire has been identified by police as 51-year-old Eric Talley. A member of the Boulder Police Department since 2010, Talley was the first officer to arrive on scene, a law enforcement source told ABC News. Talley leaves behind seven children.

The suspect’s name and a potential motive have not been released.

Copyright © 2021, ABC Audio. All rights reserved.

Boulder shooting updates: Multiple deaths including police officer, arrest made

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carlballou/iStockBY: EMILY SHAPIRO, IVAN PEREIRA AND JEFFREY COOK, ABC NEWS

(BOULDER, Colo.) — Multiple people were killed, including a police officer, after a suspect opened fire at a King Soopers grocery store in Boulder, Colorado, Monday afternoon, police said.

A person of interest, who was wounded during the incident, was taken into custody, they confirmed.

A law enforcement source told ABC News officers initially responded to a report of someone being shot in the parking lot, and when they arrived at the scene, a suspect opened fire on them.

Several other law enforcement agencies quickly arrived at the scene, including the state SWAT team.

The Boulder Police Department took to Twitter at 2:49 p.m. local time to warn residents of an “active shooter” and telling them to stay away from the area.

Then, at 7:10 p.m. EST, they tweeted out an alert asking people about three miles from the shopping center “to shelter in place” while officers responded to a report of an “armed, dangerous individual.”

The order was lifted around 8:41 p.m.

“PD is investigating to determine if this is related to King Soopers shooting,” the police department wrote.

Eyewitnesses shared videos from the parking lot of the store on social media. The videos show officers ordering a suspect to come out of the store with his hands up and surrender.

Inside the store, shoppers and employees were seen trying to flee or hide.

The suspect was allegedly carrying a long gun, law enforcement sources told ABC News.

Andy Arellano, a store employee, told ABC affiliate KMGH he was concerned for his co-workers and shoppers as shots rang out.

“We were like sitting ducks, you know, and that’s one thing that I’m reliving it and looking at it in my head. And that, that bothers me, I’m still shivering, I’m still shaking,” he said.

Eyewitness Andrew Hummel told KMGH he was at a store when he heard the gunshots and ran out of the shopping center with others.

“Everybody kind of sprinted toward the back of the store,” Hummel told the station.

Hummel said his roommate, who works at the store where the shooting happened, went to a storage room and hid there with some customers, texting Hummel and others updates.

“Yeah, I think one of the biggest scary text[s] that he sent he just said, ‘I love you guys, like thank you for everything, in case, like, things go bad,'” Hummel said. “That was a really hard text … that’s something that I would never want to hear from any of my friends because I knew the seriousness of what was going on and I was horrified. It was truly horrifying.”

Sarah Moonshadow, another eyewitness, told the station she was in the supermarket with her son when she heard four gunshots.

“We were hiding down, kind of in the self-checkout area, and I just knew like this is a problem, and I started counting in between shots and then I just grabbed Nicholas, I said, ‘Move now.'”

President Joe Biden has been briefed about the shooting, White House press secretary Jen Psaki said Monday night.

Attorney General Merrick Garland has also been briefed, a Department of Justice official told ABC News.

Colorado Gov. Jared Polis tweeted out a statement Monday afternoon reacting to the shooting.

“Like my fellow Coloradans, I am closely watching unfolding events at King Soopers in Boulder,” he wrote. “My prayers are with our fellow Coloradans in this time of sadness and grief as we learn more about the extent of the tragedy.”

In another statement later Monday evening, Polis asked for residents to have patience as the investigation continues.

“Right now, the biggest priority is to let local law enforcement and the City of Boulder to do their work to ensure the safety of those involved,” he said.

Kroger, the parent company of King Soopers, released a statement expressing their condolences and sympathies to their associates and customers and thanking the “first responders who so bravely responded to this tragic situation.” They also said they are cooperating with investigators.

United Food and Commercial Workers International Union, the union that represents the store workers, said on Twitter Monday night that they are also monitoring the situation.

This is a developing story. Please check back for updates.

ABC News’ Luke Barr and Alexander Malin contributed to this report.

Copyright © 2021, ABC Audio. All rights reserved.

Miami Beach mayor's plea to spring break revelers: 'Please vacation responsibly'

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ABC NewsBy EMILY SHAPIRO, ABC News

(NEW YORK) — The mayor of Miami Beach said officials are “trying to get a handle on” the maskless revelers flooding the city’s entertainment district with no social distancing in sight.

Amid concerns of a COVID-19 surge following spring break parties, the city of Miami Beach declared a state of emergency for its entertainment district on Saturday. Pepper balls were used to control crowds Saturday night as law enforcement tried to enforce a new curfew. The Miami Beach City Commission has enacted a Thursday-to-Sunday 8 p.m. curfew for the entertainment district through the morning of April 12.

Miami reached a 9% positivity rate last week — the highest test-positivity rate of any large metro area in the U.S., according to the Department of Health and Human Services.

“It’s a very unmanageable situation,” Miami Beach Mayor Dan Gelber told ABC News’ Good Morning America Monday. “We’re the only real destination, it seems like, open across the country, so tens of thousands of people are flocking here.”

Neighboring towns have sent over police officers to help stem the crowds, the mayor said. Gelber asked Gov. Ron DeSantis for help, who has sent additional highway patrol officers to the city, he added.

“We’re trying to get a handle on it. And we’re only doing it through policing and a curfew and shutting down our causeways coming into our city in the evening,” Gelber said. “But that’s just a temporary stop. Hopefully it will calm down in a few weeks when other places open up and this pandemic really gets into the rearview mirror, where it’s not now.”

To those looking to party in Miami Beach, the mayor pleaded: “If you’re coming here because you think anything goes and the rules don’t apply … you’re wrong.”

“Please vacation responsibly,” he added.

Copyright © 2021, ABC Audio. All rights reserved.