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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 (AP) — A federal judge has extended a freeze on deporting families separated at the U.S.-Mexico border, giving a reprieve to hundreds of children and their parents to remain in the United States.U.S. District Judge Dana Sabraw said in his order Thursday that "hasty" deportation of children after reunification with their parents would deprive them of their right to seek asylum.The American Civil Liberties Union had requested families be given at least a week. The judge's order did not specify a date for when the reprieve would end.RELATED: Trump admin outlines plan to reunify separated children with deported parentsThe government has opposed the move, saying parents waived the rights of children to pursue asylum claims after signing deportation forms. Both sides were to discuss the decision at a hearing Friday.The order to extend the freeze, which Sabraw first put in place July 16, affects many of the more than 2,500 children who were separated from their parents.In his ruling, Sabraw said delaying the deportations "would not unfairly or unduly tax available government resources," but that carrying out the removals would go against the public's interest in upholding the country's laws and protecting the rights of immigrants and asylum seekers.RELATED: San Diego judge upholds ban on deporting reunited migrant familiesHe said claims of people persecuted in their homelands should at least be heard. Many of the families have said they were fleeing violence in their home countries in Central America and planned to seek asylum."The Court is upholding the rights provided to all persons under the United States Constitution, rights that are particularly important to minor children seeking refuge through asylum, and rights that have been specifically recognized by the President's Executive Order in the particular circumstances of this case," Sabraw wrote.In late June, Sabraw ordered that children under 5 be rejoined with their parents in 14 days and children 5 and older be rejoined in 30 days.RELATED: Ivanka Trump says family separations issue 'was a low point'The order came days after President Donald Trump, amid public outrage at children being taken from their parents, halted the "zero-tolerance" policy implemented in the spring that split families up at the border.As of Aug. 16, the government had reunified 2,089 children with their parents or to others, including sponsors. Nearly 600 were still separated, including 366 with parents outside the U.S. 2504

SACRAMENTO, Calif. (KGTV) -- California will have the highest gas tax in the nation after an upcoming increase beginning July 1, according to figures by the Tax Foundation. Beginning July 1, California’s gas tax will increase by nearly six cents. Currently, the tax is 55.2 cents per gallon. When the additional tax kicks in, that figure will jump to more than 60 cents in taxes per gallon. Currently, the highest gas tax in the nation is in Pennsylvania at 58.7 cents. RELATED: Newsom proposes plan to withhold gas tax funds from cities that don't meet housing requirementsSB1 was signed into law by then Governor Jerry Brown in 2017 and increased the gas tax by 12 cents per gallon and registration fees by as much as 5.In November of 2018, an effort to repeal the gas tax increase, Proposition 6, failed to pass in a statewide vote."The test of American strength is whether we defeat this stupid repeal measure which is nothing more than a Republican stunt to get a few of their losers returned to Congress," Brown said of the repeal effort at a 2018 event.Those who support the taxes say they're estimated to generate billion over a decade. 1160

SALT LAKE CITY (AP) — Voting will look a little different this November. States are turning to stadiums, drive-thrus and possibly even movie theaters as safe options for in-person polling places amid the coronavirus pandemic and fears about mail-in ballots failing to arrive in time to count. The primary season brought voters to an outdoor wedding-style tent in Vermont and the state fairgrounds in Kentucky. The general election is expected to include polling places at NBA arenas nationwide as part of an agreement owners made with players to combat racial injustice. While a surge in mail-in voting is expected, some voters may feel more comfortable casting ballots in person following recent mail delays. 717

SAN BERNARDINO (KGTV) - With their backs to the wall, facing elimination, an unforgiving heat, and trying to stave off fatigue from a rigorous schedule, the Park View Little League all-stars survived to play another game at the West Regional tournament in San Bernardino.Keyed by slugger Jose Mendoza and stellar pitching by Kainoa Baptista, the Green Monsters kept their postseason run alive while ending the Arizona Sunnyside Little League's hopes of advancing.  The squad from Chula Vista defeated Sunnyside 9-5 in an elimination game Tuesday afternoon.PVLL, which suffered its first loss of the postseason on Monday, took an early 3-0 lead on a first-inning three-run blast to right center by Mendoza.The Southern California champs broke the game open in the third inning.  Down two outs with runners on first and second, Aiden Skinner punched a deep single to right field scoring Jordan Bleisch.The long inning and blistering 108-degree heat seemed to wear down Arizona starting pitcher Cristobal Lorta.  Lorta started struggling with his form allowing Park View to extend their lead 7-0 on two wild pitches with runners on third and an RBI single to Conner Alonzo.Sunnyside's decision to keep Lorta on the mound in the fourth inning backfired when the leadoff batter, Ivan Rodriguez Jr., ripped the first pitch down the left field line for a double. Lorta then hit Mendoza and Makai Corpuz with a pitch leading to two more runs later in the inning.Arizona's last-gasp effort in their final turn at-bat shrunk Park View's lead 9-5 on a two-run homer by Jovanni Toledo but PVLL closer Atticus Gates to force a pop fly to left field for the final out.The Green Monsters won't get much time to enjoy their victory.  After playing three consecutive days in triple-digit heat, PVLL will return Wednesday night at 7 p.m. to face either Tri-City Little League of Northern California or Dixie Little League of St. George, Utah, in another elimination matchup.Park View may be favoring a match up against Tri-City.  The Green Monsters defeated the Northern California champs in a 16-8 rout that saw a grand slam and a pair of back-to-back homers from Rodriguez and Mendoza.  The winner of the West Regional advances to Williamsport, Pa., for the Little League World Series, which runs Aug. 16-26.10News' Jermaine Ong contributed to this report.-------------------------------------------NOTES  2477

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