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SAN DIEGO (KGTV) - The County of San Diego filed a lawsuit Wednesday against the heads of Homeland Security, Border Patrol, Customs and Border Protection, and Immigration and Customs Enforcement, calling for the reinstatement of the “Safe Release” program and reimbursement for the cost of treating a recent influx of asylum seekers. Homeland Security Secretary Kirstjen Nielsen, Acting Immigration and Customs Enforcement Director Ronald D. Vitiello, Immigrant and Customs Enforcement Executive Associate Director Matthew T. Albence, Commissioner of Customs and Border Protection Kevin K. McAleenan, and Chief of Border Patrol Carla L. Provost are named in the lawsuit. The lawsuit claims the county has been harmed as a result of what it describes as a “sudden and unlawful change” in policy, releasing asylum-seeking migrants from federal detention into the county while “denying them previously-provided assistance in reaching their final destination(s) outside the County.” RELATED: Reaction: County of San Diego sues federal agency chiefs over asylum seeker careFrom 2009 to October 2018, ICE implemented a policy described in the lawsuit as “Safe Release”, which provided asylum seekers assistance in reaching final destinations outside San Diego, attorneys say. The aid came in the form of phone calls and transportation to other areas of the U.S. ICE officials said the policy ended last fall due to limited resources to support the program, according to the suit. The lawsuit claims some 40 asylum seekers and family members were dropped off at a San Diego bus station within 24 hours after the end of Safe Release. County attorneys say since then, as many as 80 parents and young children have been released into San Diego County each day. County attorneys wrote the vast majority of asylum seekers and family members must remain in the area without sufficient means to support themselves. RELATED: Exclusive look inside San Diego shelter for migrant asylum seekersSan Diego County has provided surveillance, monitoring, and training, along with health and food safety screenings for the migrant shelter operated by the San Diego Rapid Response Network. Projected costs of the County’s assistance exceed .1 million as of Mar. 22, the county reports. County officials are calling for a judge to reinstate the Safe Release policy and rule that the change in federal government policy violated Administrative Procedure Act. The County of San Diego also wants a preliminary and permanent injunction requiring the defendants to resume providing asylum seekers and their family members assistance in reaching destinations outside the County. RELATED: County's projected costs of San Diego shelter for asylum-seekers top .3 millionThe lawsuit claims the defendants violated procedural due process, citing the Fifth Amendment that “no person may be deprived of life, liberty, or property without due process of law.” 2931

SAN DIEGO (KGTV) - The California Attorney General’s office sent a warning to HiCaliber Horse Rescue in Valley Center, days after a Team 10 investigation into the group’s practices.The rescue is delinquent with the Registry of Charitable Trusts for failing, in part, to submit its 2016 taxes, according to the Attorney General’s office.HiCaliber told Team 10 investigator Jennifer Kastner it was honest mistake that’s being addressed.RELATED: Questions of fraud and abuse at prominent horse rescueThe group told 10News it received an extension on its 2016 taxes because of a personal emergency.The rescue recently came under fire for euthanasia and questionable fundraising practices. 692

SAN DIEGO (KGTV) -- Technical problems at the state level impacted the California Department of Public Health's ability to accurately report COVID-19 cases."We are committed to the medium- and long-term to address these foundational data issues so that we can approve our importance and our customer service," California Gov. Gavin Newsom said on Monday.According to the state, the data system they use failed, and that led to inaccurate case numbers and case positivity rates. That failure prevented counties from having some of the data they need to monitor and respond to the virus in local communities, such as contact tracing.The state says that about two weeks ago, a server outage created a delay in lab records coming into the reporting system. At the same time, they realized they weren't getting data from one of the largest commercial reporting labs for about five days."Just thanking all Californians for their patience as we continue to make sure we're sharing this accurate COVID-19 data," said Secretary of California Health and Human Services Dr. Mark Ghaly. "We know how critical it is for planning at the local level for all Californians to feel confident about the trends and where we're heading."Counties across the state felt the impact of the data inaccuracies. Local leaders use numbers and science to guide decision-making.But are counties having any issues with the numbers at the local level?In Kern County, public health officials were asked at the end of July if they're 100% sure no one is getting double-counted for positive COVID-19 tests."That answer would be no…we do get cases that we hear that their addresses are mismatched, they've been counted in another county, they were tested and are in another county, and we are still waiting for that information to flow through so I'm not comfortable saying that we're 100% sure that we aren't duplicating any cases," Kern County Public Health Department Lead Epidemiologist Kim Hernandez said.Public health said less than 18.4 cases were reported inaccurately.Kern County Chief Administrative Officer Ryan Alsop told 23ABC News, "The data and duplication that you are asking about is not a reason we are on the state’s monitoring list."With questions about accuracy at the state level and those raised in Kern County, reporter Adam Racusin asked officials in San Diego and San Luis Obispo counties how confident they are in the daily numbers they report to the public."I'm quite confident our numbers are accurate," said San Diego County Public Health Officer Dr. Wilma Wooten. "We have web CMR, and our tests are not all phoned through CalREDIE system. Our test results are reported directly to the county. The only issue which you already know about is the glitch with Quest."A spokesperson for San Luis Obispo County said they are confident in the number of positive cases reported.A spokesperson for the county said, "When it comes to duplicates, they regularly run data queries on positive case results to search for duplicates. On occasion duplicates have been detected and counts adjusted appropriately."The spokesperson also noted, "With regard to the total number of tests (positive and negative), some individuals may receive multiple tests over time. We do not classify those as duplicates but rather they are counted as distinct testing events. That is to say, if one is tested five times, that will show with five distinct test results. All that said, some locations/labs are not reporting ALL their test results (both negative and positive) through our reporting system. Some are only reporting positive tests. So, there may be some under-reporting of negative tests. Consequently, we are confident that the number of positive case reports is correct, although the number of negative results (and by extension) the number of total tests run, may be somewhat under reported."The California Department of Public Health did not respond to multiple requests for comment about data accuracy and duplicate counting. 4011

SAN DIEGO (KGTV) - The man who jumped on stage during a Taylor Swift concert and assaulted a security guard was charged Monday with a deadly beating in the Midway area, police said. Christian Ewing, 29, was charged for the death of 57-year-old Gregory Freeman, according to SDPD Homicide Lt. Anthony Dupree. Officers got a 911 call about an assault near the Interstate 5 overpass at 3900 Rosecrans St. the evening of Dec. 5. A witness said a victim was on the ground and another man was hitting him with an object, investigators reported. RELATED: Taylor Swift concert crasher gets probation, ordered to stay away from SwiftPolice arrived at the scene to find Freeman suffering trauma to his upper body. He died three days later of his injuries. The suspect fled the scene, police said.Ewing was arrested on Dec. 21 for a parole violation and rebooked Monday on suspicion of murder. In 2015, Ewing jumped on stage at Petco Park as Taylor Swift was performing. Swift’s personal security guard, David Durkin, told Ewing he was not allowed to be in the area. During a struggle, Ewing seriously injured Durkin. RELATED: Taylor Swift concert crasher ruled mentally fit to stand trialWhen asked why he went up on stage, Ewing replied, "I love that girl," San Diego Police Officer John Clayton testified.Ewing pleaded guilty to assault and violently resisting an officer in the performance of his duties. He was sentenced to two years' probation, and was expected to be supervised by the Probation Department's mentally-ill offender unit. Prosecutors previously said Ewing had several arrests in multiple states, an active warrant for a theft-related offense out of Florida, and a felony conviction for transporting drugs from out-of-state. Dupree said both Ewing and Freeman were homeless.Ewing’s arraignment on the murder charge is scheduled for Dec. 27. Anyone with information about the Midway area assault is asked to call San Diego Police Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 2010

SAN DIEGO (KGTV) - The local ACLU is now firing back at ICE officials after news broke Tuesday of a new measure in place of blocking certain calls from detainees’ being housed at the Otay Mesa Detention Center.“For the government to interfere with the people's ability to make those calls and advocates abilities to receive those calls is deeply troubling,” said ACLU senior staff attorney Mitra Ebadolahi. She’s now sent a letter to both ICE and ICE’s contractor, CoreCivic, demanding answers and writing in part, "…legally, these blockages may violate the constitution."On Tuesday, Alex Mensing with Pueblo Sin Fronteras said his number was blocked along with numbers to another immigrants rights' activist group, Otay Mesa Detention Resistance. Mensing told ABC 10 News, “Last time I checked, in the United States we're not supposed to censor people's ability to denounce abuses, to denounce medical negligence, to denounce physical assault by guards…by private prison guards or ICE officers against the people.”The Otay Mesa Detention Center has come under fire for allegations of poor health conditions and abuses inside as hundreds of people being housed there were testing positive for COVID-19.“Without more information, it does appear that his kind of blockage is either retaliatory or at least viewpoint discriminatory,” added Ebadolahi.The ACLU is demanding that ICE remove the blockage and offer a response by next Tuesday.CoreCivic referred ABC10 News to ICE which sent a statement Wednesday reiterating part of a statement from Tuesday which reported that it temporarily blocked detainee calls to a specific San Diego area phone number after calls resulted in disruptive behavior from detainees. The full statement from Wednesday is below.“U.S. Immigration and Customs Enforcement (ICE) has temporarily blocked detainee calls at Otay Mesa Detention Center (OMDC) to a specific San Diego area phone number after detainee calls to this number resulted in detainees exhibiting highly disruptive behavior, threatening the health and security of other detainees and employees at the facility.""ICE fully respects the rights of those in our custody to peacefully express their opinion without interference. This action was taken out of concern for the safety of those in our custody. ICE takes very seriously the safety and well-being of those in our care and will take all necessary steps in order to ensure the continued safety of both detainees and staff. San Diego ICE Enforcement and Removal Operations (ERO) management will continue to monitor the situation. Temporary blocked phone calls may be restored when deemed safe to do so.""All ICE facilities provide detainees with reasonable and equitable access to telephones. Detainees are further allowed to make free calls to an ICE-approved list of free legal service providers for the purpose of obtaining initial legal representation.""ICE remains fully committed to ensuring that those in our custody reside in a safe, secure environment, and that our staff and facility adhere strictly to the National Detention Standards (NDS) [ice.gov]. These standards protect communities, staff, contractors, volunteers, and detainees from harm by ensuring facility security is maintained and that situations that could pose a risk of harm are mitigated. OMDC maintains and routinely evaluates comprehensive security and safety guidelines to ensure facility security and control.” 3442

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