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There are still roughly 700 children who were separated from their parents at the border and have not been reunified with those parents by the Trump administration, as new court filings reveal the slow pace of reuniting the trickiest family separation cases.That figure includes more than 40 children who are 4 years old and younger.While the administration maintains there is a suitable explanation for each of those cases, the filing makes clear that a large share of those children remain separated because their parents were deported without them.To date, 1,923 out of 2,654 children identified as separated from their parents have been reunified, the administration says.The number was revealed in a weekly status report on Thursday that the government is required to file as part of an ongoing lawsuit over the administration's separation of immigrant families at the border. A federal judge has ordered the administration to reunite all the families, as long as they are not ineligible due to safety concerns or other excluding factors.In a Friday court hearing, San Diego-based District Judge Dana Sabraw said the filing was nonetheless "very encouraging.""There's real progress being made and real effort being made in some of these home countries, Guatemala and Honduras," Sabraw said. "(It) looks or is very encouraging, at least, that everything is being done to locate as many of these parents as can be. So the report would indicate to the court that the efforts on the ground are productive and certainly heading in the right direction."There are 528 children in government custody who have not been reunited with a parent, including 23 who are under the age of 5, the filing said. For the first time, the administration also made clear how many children were not reunited with their parent but were otherwise released from detention: an additional 203, including 19 under the age of 5.Those children may have been released to a relative or family friend or may have turned 18 while in custody. It is possible some have since reunited with a parent outside of government custody, but it's not known how many have been able to do so.In the joint court filing with the American Civil Liberties Union, which filed the original lawsuit on behalf of separated parents, it is apparent that the two sides still disagree over how the efforts to reunify are going. While the numbers have improved slightly since last week's update, the going remains slow.Still, ACLU attorney Lee Gelernt said in court Friday that he expects the pace to "accelerate" soon.The filing also makes clear that the administration's accounting methods are painting a rosier picture of the pace of reunification than the ACLU's.According to the list given to the ACLU by the government, 412 parents were deported without their children -- a group that has remained the most difficult problem in the reunification process. That tabulation makes the number seem smaller by only counting the children still in custody with deported parents, rather than the total number of parents who were deported.There is also a dispute about how many parents have been actually found.The administration said only four of its total have not been "contacted" -- but the ACLU says only 231 parents were "reached," either by phone or in person. Of those, 183 have indicated what they want to do going forward, either reuniting with their child or allowing them to continue to seek the ability to stay in the US, and 10 have been reunited with their parents in their home country.In court, Justice Department attorneys attributed the discrepancies to out-of-date information or children being released from government custody. Administration attorney Scott Stewart said roughly two dozen children had been sent back to their home countries to be with their parents.The process is complicated on a number of levels. The information for tracking down parents and children is still raw and not always reliable, the ACLU says. Also because of two separate lawsuits, the attorneys must make sure the parents' wishes and the children's wishes about their future are aligned. Of the handful that have been resolved so far, the majority have opted to be reunited in their home countries, with a much smaller group electing to remain separated. 4318

Three Democratic senators on Monday filed a lawsuit challenging the appointment of acting Attorney General Matt Whitaker, ratcheting up the court effort to declare his placement atop the Justice Department as unconstitutional.Sens. Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island and Mazie Hirono of Hawaii filed the suit in US District Court on Monday, represented by the groups Protect Democracy and the Constitutional Accountability Center.The lawsuit is only the latest challenge to Whitaker's appointment to replace Jeff Sessions after President Donald Trump fired his attorney general the day after the election.Whitaker was serving as Sessions' chief of staff, and has not gone through the Senate confirmation process in that role. His appointment leap-frogged Deputy Attorney General Rod Rosenstein, which also gave Whitaker control over special counsel Robert Mueller's investigation that had previously been supervised by Rosenstein.Whitaker's appointment has been criticized because of his vocal criticisms of the Mueller investigation, and Democrats have previously urged him to recuse himself from the probe in addition to questioning the constitutionality of his appointment.Last week, the Justice Department issued a memo defending Whitaker's appointment, concluding that it was legally justified under the Vacancies Reform Act.The Senate Democrats' lawsuit, however, argues that his appointment his unconstitutional under the Constitution's Appointments Clause requiring Senate confirmation of high-level federal appointees.In addition to the lawsuit filed Monday, Maryland's attorney general filed suit last week asking a federal judge to replace Whitaker with Rosenstein.The-CNN-Wire 1731

Three UCLA basketball players accused of shoplifting in China last week returned to Los Angeles on Tuesday.Video showed the three freshmen greeted by a media scrum as they walked out of a Los Angeles International Airport terminal about 6 p.m. (9 p.m. ET).US President Donald Trump earlier said he asked his Chinese counterpart to help in the case. 356

TIJUANA, Mexico. (KGTV and AP) -- At least three people were killed in wind-driven fires that scorched a large swath of Baja, California last week, the Associated Press reports. Last Friday, Mexico’s civil defense told AP the fires forced more than 1,600 people to evacuate their homes. The fires burned near Tecate, Tijuana and between the coastal towns of Rosarito and Ensenada. The fire near Tecate burned more than 35,000 acres, according to AP. Schools were also shut down in Tijuana, Tecate and Rosarito due to heavy smoke in the area. RELATED: Check today's San Diego County forecastFire officials in the region blamed strong Santa Ana winds that whipped through the region last week. Mexican officials told CNN the fire tore through 125 homes, 30 of which are in the city of Tijuana. Local support to help those affected by the fires is growing in San Diego, especially from the local Kumeyaay population. Anna Gloria Rodriguez showed a growing pile of donations in her office Wednesday. “Furniture, some blankets and pillows,” Rodriguez said. Rodriguez is part of the Kumeyaay Nation and is heading up the effort to collect donations to bring to her family across the border. “The Kumeyaay Nation has people on both sides of the border. We have family in all the communities,” she continued. “The whole big mountains already burned but still one part on fire, so there was a lot of people in the community trying to put dirt and water.”While her family and many others are safe, the fires left some without electricity or easy access to clean water or food. The U.S. consulate in Tijuana issued a warning to travelers about the fires, especially as Santa Ana wind conditions continue throughout the week. 1722

This cannot be a partisan moment.It must be an American moment.We have to come together as a nation.— Joe Biden (@JoeBiden) October 2, 2020 147