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SAN DIEGO (AP) — A federal judge has knocked down a cornerstone border policy of the Trump administration that denies asylum to people who travel through another country to reach the Mexican border without first seeking protection in that country. Judge Timothy Kelly says authorities violated federal rule-making procedures by not seeking public feedback before putting the policy into effect in July 2019. A week ago, the Supreme Court ruled that the government can deport some people seeking asylum without allowing them to make their case to a federal judge. The decision applied to people who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal.The immediate impact of the judge's ruling on Tuesday is diminished by a coronavirus pandemic-related measure to quickly expel people who cross the border illegally and block asylum-seekers at official crossings. 921

SAN DIEGO (AP) — The Trump administration and the American Civil Liberties Union on Thursday revealed widely divergent plans on how to reunite hundreds of immigrant children with parents who have been deported since the families were separated at the U.S.-Mexico border.President Donald Trump's administration puts the onus on the ACLU, asking that the organization use its "considerable resources" to find parents in their home countries, predominantly Guatemala, El Salvador and Honduras. The U.S. Justice Department said in a court filing that the State Department has begun talks with foreign governments on how the administration may be able to aid the effort.The ACLU, which sued on behalf of separated parents, called for the government to take "significant and prompt steps" to find the parents on its own."Plaintiffs have made clear that they will do whatever they can to help locate the deported parents, but emphasize that the government must bear the ultimate burden of finding the parents," the ACLU said in a filing, pinning blame for "the crisis" on the administration and arguing it has far more resources.A decision on how to bridge the differences falls to U.S. District Judge Dana Sabraw, who has ordered that more than 2,500 children be reunited with their families. He was scheduled to speak with both sides in a conference call Friday.As of Wednesday, 410 children whose parents were outside the country were in the custody of the U.S. Health and Human Services Department.The ACLU said it takes "a degree of detective work" to track down contact information for deported parents, some of whom may be hiding from persecutors.The group said the government provided home-country addresses in U.S. immigration databases with no useful information for about 120 parents. Other addresses had limited use — for example, some had "calle sin nombre" ("street without a name") or six addresses connected to one Honduran child, all in the Mexican city of San Luis Potosi.The proposals from both sides come a week after a court-imposed deadline to reunite more than 2,500 children who were separated from their families at the border.The administration also asks that the ACLU consult each deported parent to determine if they wish to waive their right to be reunified with their child, a scenario that may occur if the parent wants the child to remain in the U.S. The U.S. would work with foreign governments "to determine how best to complete reunifications."The ACLU proposes that parents who want their children sent back home be reunited within a week and that those who want to return to the U.S. to pick up their kids be permitted under humanitarian parole, with round-trip transportation paid for by the government.There are also differences about how to locate parents who were released in the U.S., but they appear less stark. The administration says it will meet with the ACLU to discuss what information it can provide, while the ACLU requests specific details — ranging from last known phone number and copies of birth certificates — as well as volunteers to help find the parents.The government said last week that it had returned all 1,800-plus children to parents and sponsors who were "eligible" for reunification. But it said more than 700 adults were not eligible because they were in their home countries, have been released from immigration custody, had red flags for criminal records or other reasons, chose not to be reunited, or were still being reviewed.On Wednesday, it said the number of reunified children neared 2,000 and nearly 600 remained separated, mostly because their parents.Sabraw ordered the government to submit written updates every Thursday, indicating he plans to keep a close watch on the still-separated families. Each update will be followed by a telephone call the next day with both sides.In late June, Sabraw set deadlines of July 10 to reunify dozens of children under 5 with their families and July 26 to reunify children 5 and older. 4003

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DIEGO — A leader has emerged in the battle between two democrats to represent California's 53rd District in Congress, according to a scientific poll released Tuesday. Sara Jacobs is leading Georgette Gomez 38 percent to 24 percent in the race, with 38 percent still undecided, an ABC-10News Union-Tribune says. Jacobs, a nonprofit founder who served in Obama's State Department, is leading Gomez among Democrats, Independents and Republicans who say they have made up their minds. Gomez, currently the San Diego City Council president, is leading Jacobs among the youngest voters, those between the ages of 18 to 34. Thad Kousser, a political scientist at UC San Diego, said the poll still shows the race isn't over, despite Jacobs' big lead. Kousser noted Jacobs still has not secured at least 50 percent of the vote, according to the poll."We're going to see an all-out press and more money spent by each of these candidates because they see that this race is far from over," Kousser said. "Sara Jacobs hasn't closed the deal, Georgette Gomez still sees a light at the end of the electoral tunnel from this poll."The candidates combined spent nearly million campaigning through June 30. Jacobs, granddaughter of Qualcomm founder Irwin Jacobs, reported .5 million in receipts, while Gomez reported .17 million. "It's always nice to have polls reflect what we're feeling on the ground, which is that what voters are looking for in this district is someone who has the kind of experience I have working in the federal government and who will be a new generation of leaders," Jacobs said in an interview. In a statement, a spokesperson for Gomez's campaign expressed confidence. “It’s still early and not a single vote has been cast," the statement said. "Georgette Gómez’s message of leadership in response to the coronavirus crisis and standing up to Trump as President of the San Diego City Council is starting to reach voters. Our campaign is ramping up its efforts to reach voters in every corner of the district."Kousser said Jacobs likely has more name recognition, given her ads and her unsuccessful attempt in 2018 to run for Congress in Coastal North County's 49th District. In the case of Gomez, he said local politics such as City Council does not garner as much attention as it should.The poll, of 534 likely voters, showed 63 percent of the undecided voters are Republicans, in the heavily blue district. Kousser said they simply may decide not to vote in that race.The poll also shows Joe Biden beating President Trump 61 to 30 in the 53rd, which comprises central San Diego and heads south into Chula Vista. The seat came open after Democrat Susan Davis announced she would retire after serving for nearly 20 years. 2751

SAN DIEGO (CNS) - A day after District Attorney Summer Stephen criticized the San Diego Police Department for employing incomplete testing of DNA evidence in some unsolved rape cases, Chief David Nisleit Wednesday announced that his agency would thoroughly analyze all such materials from now on.On Tuesday, Stephen told Voice of San Diego -- which revealed the contested investigative policy last week in an in-depth investigative story -- that the SDPD should not have performed incomplete examinations of dozens of rape kits while working through a decades-long backlog of open sex-assault cases."I don't think that that's the right thing to do," the district attorney told VOSD.Wednesday afternoon, the police chief announced that he had reached the same decision."We recognize the community has high expectations for us," Nisleit said in a prepared statement. "We also hold ourselves to the highest of standards. In order to meet these expectations, we will be working with a private laboratory to ensure all 1,700 historical kits are tested."When a sexual assault is reported to law enforcement, nurses collect swabs from different parts of a victim's body in search of the perpetrator's genetic material, and file away the DNA samples for testing in the future.Six months ago, San Diego police began testing only a single swab from dozens of previously untested kits, as opposed to the full set of a half- dozen available in each case, VOSD reported. The procedure was reserved for situations in which the district attorney had declined to prosecute, or when a warrant already had been issued for a suspect's arrest.That practice is officially a thing of the past, according to Nisleit."Moving forward, the department will test every single kit using a six-swab method," he said.According to SDPD officials, about 40 rape kits had been tested in the abbreviated manner. Though the department defended the procedure as appropriate in the relatively rare selected cases, an SDPD crime-lab analyst who spoke on condition of anonymity told Voice of San Diego there was another motivation."The reason given was, `We just need to check the box,"' the department staffer said. "There was no scientific reason given, not that `This would be more effective.' There was no indication that this was anything other than a political policy decision."The department canceled the policy in August, a day after Voice of San Diego first asked about it, according to the nonprofit news agency.Stephen said the District Attorney's Office had not approved of -- or even known about -- the investigative shortcuts being employed by the SDPD on some of the old rape kits it was reviewing."We assume that the testing will be done by proper standards," she told VOSD. "We don't get into the technical (aspects), because that's not our area. We trust that forensic experts will make those decisions correctly ... . Mistakes happen, but the key is to not get stuck on ego, to correct and to move forward so we can serve this community."Last year, the District Attorney's Office formalized an agreement with the San Diego County Sheriff's Department and 11 other police departments in the county -- all but the SDPD -- to clear the region's backlog of rape kits by forwarding them to outside laboratories for testing.Declining to join the effort, the SDPD instead opted to create an internal group to tackle the task. The panel included SDPD staffers, the local county prosecutor in charge of sex crimes and a victims' rights advocate. 3523