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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

There was a rare sight at San Diego City Hall on Tuesday.A local developer pitched a massive mixed-use complex with hundreds of homes to the council, in front of mostly empty seats. "Our focus has always been on creating a sense of place for the entire neighborhood," said builder Gary Levitt, of Sea Breeze Properties.Sea Breeze Properties plans to transform a 72-acre site just south of the 56 into hundreds of homes, plus offices, retail, and even a hotel and movie theater. The project, Merge 56, didn't get a single 'no' vote from multiple community planning groups.Some nearby residents even came to the meeting to support the project. But even with that backing, it still took five years just to get the council's unanimous vote of approval Tuesday.Levitt said the delays come from regulations, including environmental impact reports, and cost his company an extra million - about 15 percent of that in city processing fees.Councilman Scott Sherman said that is one reason we're in housing crisis. "At the end of the day all the prices get passed along to the consumer and the price of housing," Sherman said. Levitt said ideally it would take two years for a project to get approved. "It's a very expensive process and at the end of the day you're just playing with paper," he said. The project includes 242 new homes, condos, and apartments. Additionally, 47 of them will be affordable units. Two environmentalists did raise concerns about local impacts but the council didn't acknowledge them in their deliberation. Levitt's work, however, isn't done. He still has a number of permits to obtain. They're administrative, but he estimates it'll be about four months before he breaks ground.   1771

THOUSAND OAKS, Calif. (KGTV) -- Five people were arrested Sunday in Ventura County after attempting to steal several Apple products from the store inside The Oaks Mall. Around 3:17 p.m. three of the suspects entered the store, all wearing hooded sweatshirts with the hoods up, police said. Once inside the group proceeded to steal Apple iPhones and laptops totaling ,000.00. All three suspects ran out of the store, crashing into and knocking down a female customer. Police said other Apple customers were able to tackle two of the suspects - identified as Donte Sims and Timothy Terry, both of Antioch, California - and keep them down in time for law enforcement arrived. Sims and Terry were arrested on criminal conspiracy and burglary charges. The third suspect got away but was seen getting into a waiting vehicle. Around 3:36 p.m. Sunday, a Ventura County Sheriff patrol deputy caught a vehicle with three people driving over the speed limit on State Route 118 in Simi Valley. Sacramento resident Mona Benoit was arrested for driving under the influence of a controlled substance. Her passengers, Tynisha Noel of Fresno and Edward Benton of Antioch were arrested after a search of the vehicle revealed that the Apple merchandise stolen from the Thousand Oaks stores was in the vehicle - along with merchandise reported stolen after a burglary in Los Angeles. Thousand Oaks Police Department Detectives identified the group as an organized retail theft crew and are investigating.  1571

There's a renewed push to reform qualified immunity, a legal doctrine that protects police officers, along with some others, from civil lawsuits.In Congress, Sen. Justin Amash of Michigan proposed a bill to eliminate qualified immunity entirely. It has bipartisan support.Understanding why qualified immunity was established could help inform a vision for the future.Imagine a scenario where you're walking down the street and someone clearly violates your rights. The rule of law says they should be held accountable and you'd expect that they would. But can the same be said about police officers who violate a person’s rights?Qualified immunity protects public employees, like police officers, from being held personally liable for knowingly violating someone else’s rights, as long as the officer didn’t break any “clearly-established” laws in the process.Critics argue qualified immunity tilts the scales of justice and makes it hard to hold officers accountable for crimes they admit to committing.The legal path that led to qualified immunity started with the passage of the Civil Rights Act of 1871. Congress declared that every American has the right to sue any public employees who violate their rights.Then, in the late 1960s, a Supreme Court ruling would start morphing the concept into what we know today.It was 1967 when the court granted exceptions to police officers accused of violating rights if they acted in good faith and believed their actions were within the law. Another ruling, in 1982, shifted the burden entirely to the citizen, requiring they prove the officer’s actions broke a “clearly-established” right.That means presenting a case where the Supreme Court found an official guilty of the same “particular conduct” under the same “specific context” as is being alleged. Without it, the officer is protected from liability.The Supreme Court granted one exception for a particularly cruel case in 2002.In June 2020, the Court declined to take up a petition asking it to re-examine qualified immunity. The order was unsigned, and Justice Clarence Thomas was the only one to write a dissent.He wrote the “qualified immunity doctrine appears to stray from the statutory text.”Justice Thomas and Justice Sonia Sotomayor have urged the court to take up the doctrine multiple times in the past. In 2018, Justice Ruth Bader-Ginsburg joined in a dissent authored by Justice Sotomayor. It said that the way the Court previously ruled on qualified immunity had established “an absolute shield for law enforcement officers.” 2550

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 progressive public interest groups Protect Democracy and the Constitutional Accountability Center."The stakes are too high to allow the president to install an unconfirmed lackey to lead the Department of Justice — a lackey whose stated purpose, apparently, is undermining a major investigation into the president," Whitehouse said in a statement.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 has come under fire from Democrats and others because he was a vocal critic of special counsel Robert Mueller's investigation before joining the Justice Department.He was serving as Sessions' chief of staff before Sessions was ousted, 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 the Mueller investigation that had previously been supervised by Rosenstein.Democrats had previously urged Whitaker to recuse himself from supervising the Mueller investigation, 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 because it's a temporary appointment and "he had been serving in the Department of Justice at a sufficiently senior pay level for over a year."The Senate Democrats' lawsuit, however, argues that his appointment is 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. Attorney Tom Goldstein, who is representing Maryland in that case, also filed a separate motion asking the Supreme Court to declare Rosenstein as acting attorney general.Whitaker has also come under scrutiny from House Democrats, who will take control of the chamber in January. Four expected committee chairmen sent letters to Whitaker and others asking for information about Whitaker's involvement in a company shuttered by the Federal Trade Commission, declaring they plan to investigate the matter next year.Trump said in an interview on "Fox News Sunday" that "it's going to be up to him" when asked if he would accept attempts by Whitaker to curtail the Mueller investigation. 2918