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SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050

SAN DIEGO (AP) -- The Navy says it will decommission a warship docked off San Diego after suspected arson caused extensive damage, making it too expensive to restore.Officials said Monday that fully repairing the USS Bonhomme Richard to warfighting capabilities would cost .5 billion to billion and take five to seven years.The amphibious assault ship burned for more than four days in July and was the Navy's worst U.S. warship fire outside of combat in recent memory.In a statement, Navy Secretary Kenneth J. Braithwaite said, “We did not come to this decision lightly. Following an extensive material assessment in which various courses of action were considered and evaluated, we came to the conclusion that it is not fiscally responsible to restore her. Although it saddens me that it is not cost effective to bring her back, I know this ship’s legacy will continue to live on through the brave men and women who fought so hard to save her, as well as the Sailors and Marines who served aboard her during her 22-year history."A senior defense official said in August that arson is suspected as the cause of fire and that a sailor was being questioned as a potential suspect.RELATED COVERAGE:-- Sources: Sailor under investigation for arson in USS Bonhomme Richard ship fire-- Arson expert: Investigation of USS Bonhomme Richard fire may take more than a year-- Regulators say smoke from ship fire not a health risk-- Navy Admiral meets, thanks sailors who put out ship fire-- Navy ship fire causing air quality problems in San Diego-- Two sailors who battled ship fire test positive for coronavirus-- Navy officials say all known fires aboard USS Bonhomme Richard are out-- PHOTOS: Fire erupts aboard Navy ship 1728

SAN DIEGO (CNS) - A 17-year-old boy was hospitalized Saturday morning after being shot several times by a man in the Ridgeview/Webster neighborhood of San Diego.Police responded at 11:20 p.m. Friday to 1500 50th St. and learned the victim had been driven to a hospital by unknown people, according to Officer Robert Heims of the San Diego Police Department.The boy's injuries were non life-threatening, Heims said.MAP: Track crime happening in your neighborhoodIt is unknown where the suspect went and a detailed description of the shooter was not available, Heims said.Anyone with information about this incident was asked to call San Diego Police Southeastern Division detectives at (619) 527-3500 or Crime Stoppers at (888) 580-8477. 744

SALT LAKE CITY — A 15-year-old boy has died from his injuries after he became trapped in a car that flipped into the Jordan River Canal late Saturday night.The 20-year-old driver and two kids escaped the car before emergency crews arrived, but the 15-year-old and a two-year-old remained trapped in the vehicle.Family identified the victim as Justin Bates. His uncle says the teen made it out of the car safely before going back into the water in an attempt to rescue the little girl.“He was good hearted. He’d help people that needed help,” said Brian Bates. “He died the person he was -- someone who would jump in and try to do something for somebody else.”On Monday, the Salt Lake City Police Department shared tense body-worn camera footage from the rescue effort: 776

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