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Property lost during immigration crackdown in Minnesota tees up latest showdown court contempt threats

Kraig Pakulski 0 19 Article rating: No rating

By Devan Cole, CNN

(CNN) — When Judge Jeffrey Bryan took the bench Tuesday at his courtroom in downtown St. Paul, Minnesota, he had serious questions for the Trump administration: What happened to the personal property of some two dozen immigrant detainees, and why shouldn’t officials be held in contempt as a way of ensuring those items get returned?

The queries set off a lengthy and at times contentious hearing during which Bryan, an appointee of then-President Joe Biden, repeatedly sparred with the top federal prosecutor in Minnesota, in what has become the latest flashpoint in a fraught relationship between federal judges in the North Star State and administration officials.

The tension began during President Donald Trump’s immigration crackdown there earlier this year and continued as courts in recent weeks have identified repeated violations of their orders in cases brought by immigrants challenging their arrest and detention.

Many of those immigrants were ordered released after judges, including Bryan, concluded that they were being held unlawfully. But as they were processed in and out of detention facilities, noncitizens in some two dozen cases before Bryan lost cash, phones, clothing and critical documents such as passports, work permits and driver’s licenses.

Almost immediately after the hearing got underway, Bryan and Daniel Rosen, the US Attorney for the District of Minnesota, whom the judge summoned for the proceeding, found themselves locked in a war of words. Rosen, a Trump appointee, accused the judge of “smearing” him and one of his deputies by warning that they may be held accountable for contemptuous behavior.

But the stakes were quickly raised when Bryan, concerned by the possibility that Rosen would bow out of the hearing altogether, floated the possibility of imprisonment to compel his participation in the proceeding. That form of contempt is separate from the civil contempt the judge is weighing to ensure belongings are returned to the immigrants.

“I haven’t ruled out the consequence of imprisonment,” Bryan said. “Although I’ll be honest with you, sir, I think that that’s very, very unlikely.”

Making such a decision, the judge said, “would a historical low point for the office of the United States Attorney and for this District.”

The hearing ultimately continued and over the course of several hours, Rosen and attorneys for some of the immigrants informed Bryan that in recent days many of the possessions had been located and returned to the immigrants. Those resolutions had the effect of removing the threat of civil contempt, a prospective measure intended to force compliance with a court order.

The orders at issue were handed down when Bryan directed officials to release an immigrant detainee. The judge’s release order included a standard provision requiring officials with Immigration and Customs Enforcement to also return all property taken from the immigrant while they were held in custody.

As the hearing unfolded, it became clear that in three cases, unreturned property was working its way back to its owners, but that in two instances, the government had outright lost belongings. Those lost items include a woman’s driver’s license and a man’s car keys, cell phone and earphones.

“We take very seriously the fact that it’s lost. Property shouldn’t be lost, but property did get lost,” Rosen told Bryan as he argued that officials made good faith attempts to locate the property and that any further efforts to find the stuff would be “futile.”

“I think these fall into the realm of human error. Human error for which the petitioner is entitled to compensation,” he said, adding later: “There was no contempt of court. Not in one single order. There was no defiance, no disobedience, and that’s what’s required for contempt.”

Bryan did not make a decision from the bench and

Congressional members demand investigation into purchase of American’s cellular location data

Kraig Pakulski 0 22 Article rating: No rating

WASHINGTON D.C. (KEYT) – On Tuesday, California's Senators joined 68 other members of Congress calling for an investigation into the warrantless purchase of cell phone location data by the Department of Homeland Security.

"Location data is extremely sensitive, and can reveal someone’s religion, their political views, medical
conditions, addictions, and with whom they spend time. It is for that reason that ordinarily, the government must obtain a warrant from a judge in order to demand such data from phone or technology companies," explained Tuesday's letter from members of Congress. "Consumers must explicitly consent to how their data will be used. It is not enough for an app developer to include fine print that app data will be sold or to obtain general consent to access location data. Through its recent cases against Venntel, Mobilewalla, and X-Mode Social, the FTC has made it clear that it is an unfair business practice in violation of Section 5 of the FTC Act for data brokers to sell location data to the government that was obtained without consumer consent. Data brokers that continue to sell such data to the government are violating federal law."

The letter, addressed to Joseph Cuffari, the Inspector General for the Department of Homeland Security, specifically requests that the federal watchdog investigate if any component of the Department of Homeland Security, which includes Immigration and Customs Enforcement (ICE), is purchasing illegally obtained date about Americans and how the law enforcement agencies use it.

Tuesday's letter noted that Senator Wyden of Oregon called for a Congressional hearing over the purchase of location data by ICE after independent news organization 404 Media reported that the federal agency purchased a surveillance tool that harvested data from people's smart hones remotely late last year.

This was not the first time that a component of the Department of Homeland Security had purchased phone location data without a warrant authorizing the search.

In 2023, Inspector General Cuffari signed off on a report that found that the U.S. Secret Service, Customs and Border Patrol (CBP), and Immigrations and Customs Enforcement (ICE) -which are all components of the U.S. Department of Homeland Security- had purchased the data in violation of federal law.

"СВР, ІСE, and Secret Service purchased access to commercial telemetry data (CTD) collected from mobile devices that included, among other things, historical device location," concluded the 2023 Inspector General report. "Specifically, the components did not adhere to DHS' privacy policies and the
E-Government Act of 2002, which require certain privacy sensitive technology or data obtained from that technology, such as CTD [commercial telemetry data], to have an approved Privacy Impact Assessment (PIA) before such technology is developed or procured."

"Your subsequent report, published on September 28, 2023, found that CBP, ICE and the Secret Service all violated federal law through their warrantless purchase and use of location data," noted Tuesday's letter. "In addition, your review found serious problems regarding how these agencies were overseeing their employees' use of this sensitive data, including employees sharing accounts and passwords to phone tracking databases, a complete failure

Buellton Wine & Chili Festival Returns With Flavor Galore!

Kraig Pakulski 0 26 Article rating: No rating

BUELLTON, Calif. (KEYT) – The annual Buellton Wine & Chili Festival is coming up soon, and you better be ready with a wine glass in one hand and a spoon in the other for the most flavorful event on the Central Coast!

The event features local music, food, and drinks from up and down the coast, with over 30 chili and salsa cooks competing to prove they're the best.

Firestone Walker Brewing Company executive chef, Alex Aviles, and Andre Nuño from En Fuego Events previewed the upcoming event on your Morning News – of course never empty handed.

"We're stoked. I mean, it's our 3rd year on the Central Coast right now, another anniversary for us, so we're trying to get out and party every chance we get," says Aviles. "This is just another one of those situations where we get out of the kitchen and go party with everybody in Buellton and anybody who wants to come visit." 

Locals can choose from a tiered list of ticket options, offering the chance to sample the more than 30 wineries, craft breweries, seltzers, ciders and spirit companies, AND chili and salsa.

Locals get to taste all the chili they'd like, and then cast their vote for who they think is the best. According to Nuño, the flavors are limitless.

"It's however you make your chili. We wanted this to feel like, you know, if you're at home and you just make the best chili for your family," says Nuño.

The Buellton Wine and Chili Festival will take place on March 15th at 12 p.m. at the Flying Flags RV Resort campground.

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The post Buellton Wine & Chili Festival Returns With Flavor Galore! appeared first on News Channel 3-12.

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