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SACRAMENTO, Calif. (AP) — Nineteen states sued on Monday over the Trump administration's effort to alter a federal agreement that limits how long immigrant children can be kept in detention."We wish to protect children from irreparable harm," California Attorney General Xavier Becerra said as he announced the lawsuit he is co-leading with Massachusetts Attorney General Maura Healey. Both are Democrats.A 1997 agreement known as the Flores settlement says immigrant children must be kept in the least restrictive setting and generally shouldn't spend more than 20 days in detention.The U.S. Department of Homeland Security said last week it would create new regulations on how migrant children are treated. The administration wants to remove court oversight and allow families in detention longer than 20 days. About 475,000 families have crossed the border so far this budget year, nearly three times the previous full-year record for families.A judge must OK the Trump administration's proposed changes in order to end the agreement, and a legal battle is expected from the case's original lawyers.It's not likely that U.S. District Court Judge Dolly Gee would approve the changes; it was her ruling in 2015 that extended the application of the Flores agreement to include children who came with families. She ordered the Obama administration to release children as quickly as possible.Still, Becerra argued California has a role to play in the case because the state is home to so many immigrants."The federal government doesn't have a right to tell us how we provide for the well-being of people in our state," he said.California does not have any detention centers that house migrant families. The Trump administration argued that because no states license federal detention centers, they wanted to create their own set of standards in order to satisfy the judge's requirements that the facilities are licensed.They said they will be audited, and the audits made public. But the Flores attorneys are concerned that they will no longer be able to inspect the facilities, and that careful state licensing requirements will be eschewed.Becerra echoed that argument, saying that removing state authority over licensing centers could allow the federal government to place centers in California or other states that don't meet basic standards of care.Attorney General Bob Ferguson of Washington, also a Democrat, said prolonged detention will have long-term impacts on the mental and physical health of immigrant children and families."When we welcome those children into our communities, state-run programs and services bear the burden of the long-term impact of the trauma those children endured in detention," he said.California on Monday also sought to halt a Trump administration effort that could deny green cards to immigrants using public benefits.Other states joining the lawsuit are Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.__Associated Press journalists Colleen Long in Washington, D.C., and Rachel La Corte in Olympia, Washington, contributed to this report. 3247
SACRAMENTO, Calif. (AP) — Advocates looking for California to secede from the United States can begin collecting signatures for a longshot initiative asking voters to weigh in, Secretary of State Alex Padilla said Monday.The proposed initiative is the third so-called Calexit proposal since President Donald Trump's election. Previous efforts were withdrawn or failed to gather the required signatures.The latest would ask voters about secession in 2020. If it passed, a second election would be held a year later asking voters to affirm the decision.RELATED: #Calexit: Groups calling for California secession after Trump winMarcus Ruiz Evans, co-founder of the group Yes California, said the second vote would show that Californians are serious about secession and would strengthen the case for foreign governments to recognize the state's independence.Evans and Yes California co-founder Louis Marinelli also proposed independence initiatives in 2015 and 2017. They did not turn in signatures in 2015 and withdrew the 2017 Calexit proposal amid scrutiny of Marinelli's ties to Russia. A rival group, California Freedom Coalition, proposed a Calexit initiative but did not turn in the required signatures.Proponents have until Oct. 17 to collect nearly 366,000 signatures.Previous Calexit initiatives would have deleted a portion of the state constitution that says California is an inseparable part of the United States. The latest version does not change the constitution. 1488
SACRAMENTO, Calif. (AP/KGTV) — California Gov. Gavin Newsom on Friday signed a law that will make the state the first to allow employers, co-workers and teachers to seek gun violence restraining orders against other people.The bill was vetoed twice by former governor Jerry Brown, a Democrat, and goes beyond a measure that he signed allowing only law enforcement officers and immediate family members to ask judges to temporarily take away peoples' guns when they are deemed a danger to themselves or others.They were among 15 gun-related laws Newsom approved as the state strengthens what the Brady Campaign to Prevent Gun Violence calls the nation's toughest restrictions."California has outperformed the rest of the nation, because of our gun safety laws, in reducing the gun murder rate substantially compared to the national reduction," Newsom said as he signed the measures surrounded by state lawmakers. "No state does it as well or comprehensively as the state of California, and we still have a long way to go."Newsom also signed into law AB 893, which prohibits gun and ammunition sales at the Del Mar Fairgrounds. The bill was introduced by Assemblyman Todd Gloria in February. The ban is set to go into effect in 2021.Anyone who violates the law could face a misdemeanor charge, according to the bill. Before the law was signed, Gloria called the bill a "victory for gun sense and making our communities safer in San Diego."State Senate President pro Tempore Toni Atkins (D-San Diego) said the bill "offers tangible, real steps to keep all California residents safe."“I congratulate Assemblymember Todd Gloria for getting AB 893 signed into law by Governor Newsom today. AB 893 responds to our community’s desire to stop selling guns and ammunition on state property, specifically at the Del Mar Fairgrounds," Atkins said in a release. "This bill offers tangible, real steps to keep all California residents safe by closing off another pathway for criminals to move guns from the legal market to the unregulated one.”Gun shows have been hotly debated at the Del Mar Fairgrounds over the last year. In September 2018, the 22nd DAA's Board of Directors temporarily suspended the shows until safety policies were developed. The decision ended the Crossroads of the West gun show after nearly three decades.Friday, Michael Schwartz, executive director of the San Diego County Gun Owners political action committee, said the bill was discriminatory.“Banning a gun show on just one state owned property, but not on all is proof positive that this is discrimination based on political bias and has nothing to do with safety. We are opposed to discrimination against a group of law-abiding citizens who are simply practicing their civil rights," Schwartz wrote. 2774
SACRAMENTO, Calif. (AP) — A California appeals court says it's legal to have small amounts of marijuana in prison — so long as inmates don't inhale.The 3rd District Court of Appeal ruled that California voters legalized recreational possession of less than an ounce (28 grams) of cannabis in 2016, with no exception even for those behind bars.But the court says state law does prohibit smoking weed in prison. Prison officials can also still punish pot possession as a rules violation."According to the plain language of ... Proposition 64, possession of less than an ounce of cannabis in prison is no longer a felony," the court ruled Tuesday. "Smoking or ingesting cannabis in prison remains a felony."RELATED: City votes in favor of marijuana production site in Kearny MesaThe court overturned the Sacramento County convictions of five inmates who had been found with marijuana in their prison cells."The voters made quite clear their intention to avoid spending state and county funds prosecuting possession of less than an ounce of marijuana, and quite clear that they did not want to see adults suffer criminal convictions for possessing less than an ounce of marijuana," Sacramento County Assistant Public Defender Leonard Tauman said in an email. The appeals court "quite properly honored what the electorate passed."Attorney General Xavier Becerra's office said it is reviewing the ruling and did not say if he will appeal.RELATED: Nevada becomes first state to ban pre-employment marijuana tests"We want to be clear that drug use and sales within state prisons remains prohibited," said corrections department spokeswoman Vicky Waters. She said the department "is committed to providing a safe, accountable environment for prisoners and staff alike and we plan to evaluate this decision with an eye toward maintaining health and security within our institutions."The three-judge panel rejected the state's argument that guards will lose control over prisons if inmates are free to possess small quantities of marijuana, noting that possession can still be punished as a rules violation with longer prison terms or a reduction in privileges.While prison officials can still punish inmates for violating the rules, "this ruling will prevent inmates from having years added to their sentences for simple possession, reducing overcrowding and saving ,000-75,000 a year in unnecessary costs," said Assistant Public Defender David Lynch.RELATED: More than 100 illegal pot farms busted in Anza, tons of weed seizedThe judges scolded the attorney general's office for a counter-argument it said "uses arcane rules" and "twists the meaning of the words of the statute."Becerra's office argued that the court's reading of the law was absurd because it in effect allows controlled substances into prisons. But the court noted that it previously ruled that it's not illegal for inmates to have properly prescribed medications or medical marijuana behind bars — though it may be against the rules."The Attorney General raises the same hackneyed and losing arguments in each case involving contraband in jails or prisons," the judges wrote.Lawmakers held "an over abiding consensus" in the 1940s that drug use by inmates was "the ultimate evil," they wrote. But those old laws belie "a gradual change in attitude" first toward medical and eventually toward recreational marijuana."As a matter of public policy, his position may be sound," the judges wrote. "The fact that the Attorney General may not agree with the voters does not empower us to rewrite the initiative."They ultimately concluded that "a result is not absurd because the outcome may be unwise." 3667
SACRAMENTO, Calif. — A peaceful protest in a sleepy suburb that’s home to the head of the California National Guard was among four demonstrations monitored by National Guard spy planes, according to the Los Angeles Times.The four planes took to the skies over cities in June to monitor protests following the killing of George Floyd. Three watched demonstrations in Minneapolis, Phoenix and Washington, D.C. But the target of the fourth was the affluent Sacramento, California suburb of El Dorado Hills.Authorities have not explained how and why that neighborhood was chosen when other cities that had seen property destruction and street clashes — like Los Angeles, Oakland and Long Beach — were not. El Dorado Hills only saw peaceful protest during the summer unrest.The Times says that state records show that the El Dorado County Sheriff's Office requested the use of the plane, and the National Guard also sent a Lakota helicopter to the area.The Times reports that Maj. Gen. David S. Baldwin, the head of the California National Guard, lives in El Dorado Hills. Baldwin told the Times that the agency's decision to send a plane had "nothing to do" with the fact that he lived in the area.“The use of the RC-26 to meet the sheriff’s request for aerial support to provide situational awareness for law enforcement is concerning and should not have happened,” a spokesperson for California Gov. Gavin Newsom said. “It was an operational decision made without the approval — let alone awareness — of the governor. After the incident, operational policies and protocols were reaffirmed and strengthened to ensure RC-26 aircraft are not used for these incidents again.” 1677