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(EL PASO, Texas) — U.S. Customs and Border Protection facilities in most regions along the southern border are over capacity even as the number of those in custody has declined, Border Patrol Chief Raul Ortiz said Wednesday.

As of Wednesday, there were 26,354 people in CBP custody, which Ortiz said was, “several thousand less” compared to earlier in the morning.

Five of the nine Border Patrol sectors in the southwest were over 125% capacity.

“But that means that there are four sectors that aren’t,” Ortiz said, adding that Border Patrol has been flying migrants from high-traffic areas to facilities with more capacity.

Homeland Security Secretary Alejandro Mayorkas was peppered by questions from reporters at a White House briefing Thursday about whether the administration was prepared for the end of the Title 42 migrant expulsion policy.

“We could see very crowded – as we are now – we could see very crowded Border Patrol facilities,” Mayorkas said. “I cannot overstate the strain on our personnel and our facilities, but we know how to manage through such strain, as difficult as it will be. I have tremendous confidence and pride in our personnel.”

From the Mexico side of the border in Ciudad Juarez, however, the number migrants crossing into the El Paso area has declined since the weekend.

“The officials in Texas and other places in the US are exaggerating what is happening here for political reasons. There is no crisis here at the moment,” a city government spokesperson said. “We’ve had many other immigration waves that were far more impactful, when all of our shelter space was full and people were on the streets.”

Overall, Ortiz said authorities are tracking around 65K migrants in northern areas of Mexico and that the surge CBP has been expecting may soon subside.

“The increase that we have seen in the last 5 to 7 days was really the surge … I think that what we see now is a continued effort by some to message incorrectly that once Title 42 goes away, it’s going to be a free for all along the border,” Ortiz said. “I don’t see that being the case. Our agents will be out there performing their duties.”

Title 42, the pandemic-era policy which allowed the U.S. to expel upward of two million migrants from the border, expires Thursday.

Currently, 4,000 beds remain open in Ciudad Juarez shelters — well below 50% capacity. That number has been dropping for two weeks and continues to fall.

Ortiz said he believes the administration has shifted to a strategy that prioritizes enforcement and shows migrants the consequences of crossing illegally.

Asked whether heavy-handed measures were necessary for migrants sleeping in the streets of El Paso, Ortiz stood by his approach.

“It wasn’t about chasing people around down the streets, into churches, into a protected areas,” Ortiz said. “It was a very methodical approach. And I was very proud of everyone.”

Under the direction of the secretary, Customs and Border Protection is relying on new features in a mobile phone app called CBP One to schedule appointments for migrants on the border.

About 740 migrants with appointments are arriving at federal border facilities each day, Secretary Mayorkas said on Thursday. The number of appointments is a small fraction of those who have attempted to cross on a daily basis in recent years. CBP is working to expand appointments to 1,000 per day, but with the end of Title 42 just hours away, it might not be enough.

“The greatest level of frustration is actually being able to make the appointment, not the utility of the CBP One app itself,” Mayorkas said. “That is again, another example of a broken immigration system.”

Migrant crossings have at times exceeded 10,000 in a single day, Mayorkas said. He blamed Congress for an immigration system that does not have the capacity to handle everyone seeking to enter the U.S.

“Our current situation is the outcome of Congress leaving a broken, outdated immigration system in place for over two decades, despite unanimous agreement that we desperately need legislative reform,” Mayorkas said.

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(ALBANY, N.Y.) — A Georgia company that made a gun accessory the shooter in the 2022 Buffalo grocery store massacre used to modify his AR-15 rifle into “an even deadlier” weapon is being accused in a civil lawsuit filed Thursday by New York Attorney General Letitia James of aiding and abetting in the racially-motivated rampage that killed 10 Black people.

James is suing Mean Arms, which makes, sells and distributes a device meant to lock a magazine filled with ammunition onto a semiautomatic rifle, like the one authorities said Payton Gendron used to fatally shoot his victims at the Tops store on the east side of Buffalo.

The lawsuit, filed nearly a year after the May 14, 2022, mass shooting, alleges the company falsely advertised that the device, known as an MA Lock, makes the weapon legal in New York, but also contains instructions on how to remove the lock, thereby aiding Gendron’s modification of the gun into one that is illegal to possess in the state. According to the lawsuit, the lock can easily be removed so that detachable magazines, including high-capacity magazines that hold more than 10 rounds of ammunition and are illegal in New York, can be inserted into a rifle.

The lawsuit includes a photo of the device’s packaging with instructions for removing the device.

“We lost 10 innocent lives because a hate-fueled individual was able to make an AR-15 even deadlier through a simple change at home,” James said in a statement announcing the lawsuit. “Mean Arms sells the MA Lock device knowing that it can be easily removed to make guns more dangerous, and even gives directions on how to take this action. We cannot undo the devastating harm that was done, but this lawsuit against Mean Arms is part of our ongoing effort to pursue justice for the ten innocent lives that were unjustly taken,” the statement said.

Mean Arms has not responded to ABC News’ request for comment.

According to the lawsuit, Gendron purchased a used AR-15 that had an MA Lock installed in January 2022. According the lawsuit and to writings Gendron posted online and reviewed by investigators, Gendron removed the MA Lock within a few minutes at home, using a power drill with a #2 speed out drill bit, the same tool advised in Mean Arms’ removal instructions.

On the day of the mass shooting, the shooter inserted multiple 30-round detachable magazines to his weapon. With a pistol grip and the high-capacity magazines, he did not have to stop to reload and when he did reload, he could do so quickly, adding to the deadliness of the attack, the lawsuit said.

Gendron pleaded guilty to multiple counts of murder and a state charge of domestic terrorism motivated by hate and was sentenced to life in prison without the possibility of parole. He awaits prosecution on federal charges that could include the death penalty.

The lawsuit seeks to stop Mean Arms from doing business in New York and to require the company to pay restitution, damages and civil penalties. The lawsuit also seeks to require the company to issue corrective statements regarding their allegedly false and misleading public statements on the MA Lock.

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(LOS ANGELES) — YouTuber Trevor Jacob has agreed to plead guilty to obstructing a federal investigation into a 2021 plane crash in California that the Federal Aviation Administration has claimed the pilot purposely caused, court documents show.

The charge — destruction and concealment with the intent to obstruct a federal investigation — carries up to a 20-year prison sentence. A plea agreement was filed on Wednesday, court records show. Jacob is expected to make his initial court appearance in a few weeks.

The crash occurred in November 2021 while Jacob flew over Los Padres National Forest. Jacob posted a 12-minute video of the crash to his YouTube channel that has received nearly 3 million views, according to the video’s YouTube page.

Prosecutors claim that Jacob never planned on reaching his destination and that the plan was always to crash the plane, and that he lied to federal investigators about not knowing the crash location. Prosecutors claim he flew in a helicopter and hoisted the wreckage out of the remote area, then dismantled the aircraft with the goal of obstructing an investigation.

Jacob was also accused of lying to the FAA, which revoked his pilot’s license last year over the crash.

“I did not jump out of my plane for views,” Jacob told ABC News at the time.

Jacob’s attorney, Keri Curtis Axel, told ABC News they have no comment at this time.

In an April 2022 letter to Jacob regarding surrendering his private pilot’s license, the FAA said the flight was “careless or reckless so as to endanger the life or property of another.”

Jacob attached multiple cameras to the inside and outside of the plane and was wearing a sports parachute in a backpack during the flight, according to the FAA letter. The FAA claims Jacob opened the side door of the plane claiming the engine had failed.

The FAA noted that Jacob did not attempt to restart the engine, contact air traffic controllers about the problem or look for areas to land safely. The FAA said Jacob then jumped from the plane “while holding a camera attached to a selfie stick.”

Also in the video, Jacob goes to the plane’s wreckage and retrieves the cameras that were attached to the plane.

In the plea agreement, prosecutors claim that Jacob contacted a company to help him retrieve his plane, and that he and a friend flew in a helicopter to the crash site in the weeks following the incident and retrieved the wreckage. Jacob later reportedly told investigators that he was not aware of the plane’s wreckage location, prosecutors said.

Prosecutors said that Jacob and his friend drove the wreckage to an airport and cut up and destroyed it “with the intent to impede and obstruct federal authorities,” the plea agreement stated.

Prosecutors also claim that Jacob falsely told the FAA that the plane’s engine had quit “in order to conceal the fact that he had purposefully abandoned his airplane in flight as part of his scheme to create a video to gain notoriety and to make money,” the plea agreement stated.

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(OKLAHOMA CITY) — Severe weather, including possible tornadoes and flash flooding, is expected in a huge part of the Heartland on Thursday, from the Great Plains to Texas and North Dakota.

Nine states are also under flood alerts from Montana down to Mississippi.

A tornado watch is in effect for northern Louisiana through 5 p.m. local time Thursday. A couple of tornadoes are possible, along with damaging wind gusts up to 65 mph and isolated large hail events up to 1 inch in diameter.  

Oklahoma City, Tulsa and Wichita are all in the elevated risk for tornadoes and large hail, mainly between the hours of 6 p.m. to 11 p.m. local time.

The weather comes after there were 11 reported tornadoes in three states — Colorado, Arkansas and Kansas — Wednesday. Some damage was reported in Kansas where there was a tornado.

Softball-sized hail was reported in Colorado and Kansas saw winds up to 81 mph with the severe storms.

Severe storms are expected yet again across the Plains on Friday from Texas to Iowa. Cities such as San Antonio; Dallas; Oklahoma City; Kansas City, Missouri; and Des Moines, Iowa, could see damaging winds, large hail and brief tornadoes.  Brief tornadoes are most likely to occur in the pocket from Des Moines to Kansas City, while Oklahoma City to San Antonio will likely see large hail.

Aside from the severe weather, southern Texas will also see very heavy rain over the next several days. Locally, 6 to 10 inches of rain are possible, along with a flash flood threat Friday into the weekend.  

Flood alerts are also in effect from the Dakotas to Colorado and Montana, where heavy rain is also expected.

Heat wave in the West
 
In the West, an early season, summer-like heat wave from Seattle and Portland, Oregon, into central California is expected over the weekend and could bring major, record-breaking heat.

An excessive heat watch is in effect for Seattle and Portland Saturday through Monday. Temperatures are expected to be in the mid to upper 80s in Seattle and into the 90s in Portland.

Record highs are also possible for several days straight in the Pacific Northwest over the weekend and into early next week. 

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(GRAND RAPIDS, Mich.) — A Michigan school district has banned students from bringing backpacks to school after a third grade student brought a loaded handgun to campus — the second time that it has happened in the last two weeks.

Grand Rapids Public Schools said the decision came after it confiscated the handgun from the 8-year-old’s backpack on Wednesday, the fourth time the district has found a student at school with a gun this academic year. In three of the four incidents, guns were confiscated from elementary school students, including the incident last week.

“This is not a decision we’ve taken lightly and we know this poses a significant inconvenience for our families. I am more than frustrated that a decision like this is necessary, but we must put safety first,” Grand Rapids Public Schools Superintendent Leadriane Roby said in a statement.

The district said the policy will remain in effect “until further notice.”

“Here we are again, and I will just say that I am frustrated, I am sad and I am angry that this continues to happen,” Roby said at a press conference Wednesday.

Another student realized there was a gun at school when the 8-year-old dropped their backpack. When the student picked up the bag, they realized it was heavier than it should have been and reported it to a teacher, Larry Johnson, the district’s executive director of public safety and school security, told reporters at a press conference.

The teacher then took immediate action to investigate and school officials discovered there was a weapon inside the bag, Johnson said. The incident was then reported to local police.

“I’m happy that we didn’t have a tragedy, but I’m frustrated that parents are not listening and we need them to listen and secure these weapons,” Johnson said.

Johnson said there was nothing in the 8-year-old’s history that would indicate they would bring a weapon to school.

“Now is the time to step up before we have a tragedy in this community. This is unacceptable. We will not continue to tolerate it,” Johnson said.

Grand Rapids Police Chief Eric Winstrom told reporters that he anticipates there will be criminal charges in this incident and the prior incident last week when a 7-year-old brought a gun to school. He said the charges will not be against the children.

Winstrom called on parents to check their students’ backpacks before they go to school to insure the city can avoid a tragedy.

“Any child that had picked up that bag that manipulated the trigger — even through the bag — could have fired that handgun and it could have easily killed someone. So, that 8-year-old is a victim. I’m just thankful that we’re not talking about any other victims today,” Winstrom said.

Johnson said the district will deal with the students in a disciplinary manner as they see appropriate.

The district said it is working on enhancing its security protocol and it will be modifying its rules as needed. Johnson said the district will be enhancing its cameras and has invested in secured entryways.

Grand Rapids Mayor Rosalyn Bliss called on parents to keep guns out of the hands of children, saying the city cannot do it alone.

“We can only do so much,” she said at a press conference. “Keeping our kids safe and keeping guns out of the hands of children, that is all of our responsibility. Every single community member, every single parent, needs to step up and be a part of this solution.”

Grand Rapids isn’t the only school in Michigan to recently ban backpacks. Flint Community Schools, about two hours east of Grand Rapids, made a similar move to disallow backpacks in late April.

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(AUSTIN, Texas) — An Army sergeant convicted of murder in the fatal 2020 shooting of an armed Black Lives Matter protester during a demonstration in Austin, Texas, was sentenced to 25 years in prison on Wednesday, even as Texas Gov. Greg Abbott seeks to grant him a pardon.

Attorneys for 35-year-old Daniel Perry asked a judge to consider giving their client a 10-year sentence for the murder of Garrett Foster, a U.S. Air Force veteran, citing Perry’s lack of criminal history and presenting evidence that he has post-traumatic stress disorder from a tour of duty in Afghanistan.

But Travis County, Texas, Criminal Courts Judge Clifford Brown rejected the plea for leniency and sentenced Perry to 25 years in prison.

Prosecutors have asked Brown to consider a sentence of at least 25 years.

“This man is a loaded gun, ready to go off at any perceived threat. He’s going to do it again,” Travis County Assistant District Attorney Guillermo Gonzalez told Brown during Tuesday’s hearing.

Brown announced his sentencing after Foster’s mother and sister testified Wednesday morning.

“Do you have any idea how hard it is to sit here facing the evil that killed my son, sitting here thinking how surreal it is that this is happening, finally. After three long years, we’re finally getting justice for Garrett,” Sheila Foster testified.

Anna Mayo, Garrett Foster’s sister, testified that her brother was an U.S. Air Force veteran who comes from a family of military combat veterans, including her father.

“When I look at you, I see a very small man who used his military status as a means to kill,” Mayo testified, speaking directly to Perry, who sat at the defense table wearing black and gray striped jail clothes and with his head bowed down. “I do not see any honorable traits and I see no remorse for what you’ve done. You can’t even look at my family.”

Perry, who was an active-duty U.S. Army sergeant based in Texas at Fort Hood, was working as a driver for a ridesharing company when he drove onto a street crowded with protesters on July 25, 2020, in downtown Austin.

Foster, 28, who was white, was pushing his fiancee Whitney Mitchell’s wheelchair during the Austin protest over the police killing of George Floyd in Minneapolis when authorities said protesters surrounded Perry’s ridesharing car. Foster, who was legally wielding an AK-47 rifle in accordance with Texas’ open carry law, was fatally shot when he approached Perry’s vehicle, according to prosecutors.

During the trial, defense attorneys argued that Perry fired at Foster in self-defense, alleging the protester pointed the rifle in his direction. But prosecutors argued that Perry could have avoided the fatal confrontation by simply driving away and witnesses testified at the trial that Foster never raised his rifle at Perry.

After a jury convicted Perry of murder on April 7, Abbott said he was “working as swiftly as Texas law allows” to pardon Perry.

Abbott criticized both the jury’s decision to convict Perry and Travis County District Attorney José Garza for pursuing the case.

“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney,” Abbott said in a statement.

During Tuesday’s hearing, prosecutors called Mitchell, who lost both her legs to sepsis, to the witness stand and she gave emotional testimony of how difficult her life his become since losing Foster, her primary caregiver.

“It’s hard to sleep in my bed because he’s not there. To have to learn how to do all of that stuff that Garrett was doing for me for a decade, and it’s hard because I have to get comfortable being vulnerable,” Mitchell testified, according to ABC Austin affiliate station KVUE.

Defense attorneys called forensic psychologist Greg Hupp to testify. Hupp said he believes Perry suffers from PTSD and has personality characteristics consistent with an autism spectrum disorder.

Following the trial, Judge Brown unsealed court records revealing racist messages and anti-protest sentiments Perry posted on social media prior to the shooting. In one of the social media posts, Perry wrote, “Black Lives Matter is racist to white people … It is official I am racist because I do not agree with people acting like monkeys.”

During the two-week trial, the jury did not see or hear Perry’s social media posts.

Two soldiers, Ronald Wilson and Traveon Napper, who served in the Army with Perry were called to the witness stand Tuesday and both testified that Perry, in their opinion, is not a racist. Wilson testified that sharing such social media posts was a way to cope with the daily stress of serving in the military.

Perry’s mother, Rachel Perry, also took the witness stand, testifying her son has shown remorse for the fatal shooting.

“He cried a lot when this happened,” Rachel Perry testified. “His intention was just to protect himself, not to go out and shoot anybody.”

Following Perry’s conviction, his attorneys requested a new trial, citing juror misconduct. The defense attorneys alleged jurors brought outside information into the jury deliberation room concerning self-defense law during their deliberations.

Judge Brown rejected the motion for a new trial.

Perry’s attorneys said in a statement that they will appeal the verdict and “are now in a position to fully cooperate in the Texas pardon process.”

“In short, in the event Sgt. Perry might ultimately receive a pardon, it would simply reflect the strong self-defense laws that exist in Texas and the political efforts of a rogue district attorney to curtail the rights of Texas citizens in an effort to appease the district attorney’s own political supporters,” the defense attorneys said.

ABC News’ Kiara Alfonseca contributed to this report.

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