Lompoc killer to be sentenced
Jorge Tovar Fernandez, 32, pleads guilty to first-degree murder
By NEIL HARTSTEIN NEWS-PRESS STAFF WRITERA Lompoc man who pleaded guilty to killing the mother of their 6-year-old daughter in Santa Maria five years ago will be sentenced to 25 years to life in state prison when he returns to court on Feb. 24, prosecutors said.
Santa Barbara County District Attorney Joyce E. Dudley announced last week that Jorge Tovar Fernandez, 32, had pled guilty to the willful, premeditated and deliberate murder of Elyse Marie Erwin, in violation of Penal Code section 187, first degree murder.
“This horrific murder was the worst kind of domestic violence,” District Attorney Dudley said. “It occurred years after the couple separated, but the defendant continued to engage in relentless stalking behavior.
If you, or someone you know, is experiencing any form of domestic violence, or is being stalked, please call 9-1-1. In doing so, you could become a life-saver.”
According to prosecutors, Ms. Erwin was returning to a friend’s residence on Goodwin Road in Santa Maria on Easter morning, April 16, 2017, when Mr. Fernandez confronted her.
“As Ms. Erwin was exiting her car, the defendant shot Ms. Erwin in the back of the head,” prosecutors said. “Ms. Erwin died on the scene.”
The defendant will be sentenced by Judge Patricia Kelly on Feb. 24, 2023 in Department 8 of the Superior Court in Santa Maria. At that time, the defendant will be sentenced to 25 years to life in state prison, prosecutors said.
Mr. Fernandez’s jury trial had been scheduled to begin on Feb. 6, 2023. “We weren’t scheduled to go back to court until January for pretrial motions,” Deputy District Attorney Trapnell said.
The D.A.’s office had decided it would not seek the death penalty but instead seek a sentence of life in prison without parole if Mr. Fernandez was convicted.
However, he changed his mind and opted to forgo his trial and plead guilty in exchange for the lighter sentence that allows the possibility of parole.
“When we reached an agreement, we calendared the case for plea on Dec. 15, and he entered a guilty plea,” D.D.A. Trapnell said.
Mr. Fernandez smiled in court Thursday, as he did during prior courtroom appearances and in his booking photo. D.D.A. Trapnell could not explain his odd reaction given the seriousness of the proceeding.
“As for the smiling in court, he smiled throughout,” she said.
Santa Barbara County Sheriff’s detectives arrested Mr. Fernandez days after Ms. Erwin’s death.
He and Ms. Erwin, parents of a 6-year-old girl at the time, were involved in an intense custody fight that required law enforcement officers to keep the peace, according to testimony at his 2019 preliminary hearing.
Mr. Fernandez gave different stories to law enforcement officers about where he was at the time of the shooting, including that he had driven up State Route 1.
A detective, however, testified during the preliminary hearing that his story couldn’t be true because a massive landslide had closed a long stretch of the road.
FYi
Hillside welcomes donations. To help, contact Michael Padden-Rubin, director of development at 805-687-0788, ext. 115, or mpaddenrubin@hillsidesb. org or visit hillsidesb.org.
By DAVE MASON NEWS-PRESS MANAGING EDITORReindeer are pulling Santa’s sleigh again at Hillside.
The Santa Barbara residential facility for people with developmental disabilities has installed its Christmas lights at its campus, 1235 Veronica Springs Road.
There you’ll find reindeer pulling Santa’s sleigh and strings of light that form a Christmas tree. And you’ll be greeted by a snowman.
Everyone is welcome to check out the lights at the sixth annual Shining Light on Abilities, which continues through Dec. 31. Admission is free.
Earlier this month, people gathered at the site to sing Christmas and Hanukkah songs.
The vocalists included Assistance League of Santa Barbara carolers led by Ann Rudolph, and everyone was accompanied by accordionist Gail Campanella. Santa Claus came too.
Then, like magic (considering this is Southern California), snowflakes fell — just in time
Above, passersby stroll by the Christmas decorations, which will remain up through Dec. 31 at Hillside. At right, young passengers take a ride on Santa’s sleigh.
for Hillside President and CEO Michael Rassler, Santa Claus and Candace, a Hillside resident, to lead the countdown to the lighting of the decorations and lights.
To close the program, everyone
Please see HILLSIDE on A4
“On that date, the victim’s family will have the option to give victim impact statements, and the judge will formally sentence the defendant,” Senior Deputy District Attorney Heather Trapnell told the News-Press Monday.
She and Deputy District Attorney Catherine Martin were the prosecuting attorneys for the case.
Evidence showed a 9 mm handgun was the murder weapon as the weapon used in the killing.
Mr. Fernandez owned a 9 mm Beretta, but claimed he no longer had it in his possession, but law enforcement officers searching his Lompoc backyard found a 9 mm ammunition magazine in a plastic bag in a cinder block fence.
email: nhartsteinnews@gmail.com
Councilmember Kyriaco addresses Goleta issues
By KATHERINE ZEHNDER NEWS-PRESS STAFF WRITERJames Kyriaco will be sworn in tonight for his second term on the Goleta City Council, and Luz Reyes-Martin will take the oath for her first term.
The council members will be sworn in during the 5:30 p.m. meeting at Goleta City Hall, 130 Cremona Drive, Goleta. It marks the first such ceremony for council members elected on a districtby-district basis. Councilmember Kyraico will represent District 2, and Ms. Reyes-Martin, District 1.
In advance of tonight’s
Gifts presented for jails’ inmates, staff
SANTA BARBARA/SANTA
MARIA — The Santa Barbara County Sheriff’s Office Programs Unit, Chaplain Program and Impact Ministry have brought holiday cheer to inmates and staff at local jails.
Ministers and chaplains from faith-based organizations as well as community members throughout the county donated
UCSB Lands two players on Collegiate Baseball Preseason AllAmerica Team
By KRISTEN KELLER UCSB SPORTSCollegiate Baseball News announced this morning the studentathletes who were selected as Preseason All-Americans. Upon this announcement, UCSB Baseball had two athletes receive second team recognition heading into the 2023 season.
The first athlete named a Second Team Preseason All-American is righthanded pitcher Ryan Gallagher. The Granite Bay, California native started in 15 games for the Gauchos and went 8-0 on the mound. He earned an ERA of 2.25 throughout the season, striking out 67 batters throughout the season. He earned Big West Freshman Pitcher of the Year while also earning All-Big West Second Team honors. To top off his stellar freshman season, Gallagher also received Freshman All-America Team honors from Collegiate Baseball.
Joining Gallagher with Second Team Preseason All-America honors is Mike Gutierrez. The Jurupa Valley, California native started in 15 games for the Gauchos last season, registering a 9-1 record across that time. His 3.19 ERA was good enough to notch All-Big West Second Team honors as he struck out 86 batters in 87.3 innings pitched.
The Gauchos finished last season with a 44-14 while making it to the NCAA Regional hosted by Stanford University. UCSB will release its 2023 schedule in the coming weeks.
Kristen Keller is the associate athletic director for communications and digital strategy at UCSB. sports@newspress.com
KSBX ends FM service
SANTA BARBARA — Climate change is being blamed for the end of FM service for KSBX, 89.5.
But listeners in Santa Barbara can still listen to the station at KCBX.org, via smart speakers and through the NPR apps.
Listeners in Goleta and on some of the outskirts of Santa Barbara will be able to listen to the station at KCBX-FM, 90.9.
KCBX explained Monday that the FM service for KSBX can’t continue because of “ducting,” which is created by warmer waters.
“Ducting” changes how radio signals travel over bodies of water. It allows FM frequencies to travel farther across the ocean. That means FM frequencies from far distances can interfere with local signals.
General Manager Frank Lanzone said KCBS will continue to cover Santa Barbara news.
Lompoc government to take holiday break
LOMPOC — Lompoc City Hall and other city facilities will be closed to the public from Friday through Jan. 2.
The holiday closure will include Lompoc City Hall, the Lompoc Public Library, the Anderson Recreation Center, the Dick DeWees Community and Senior Center, and the Lompoc Aquatic Center.
The Lompoc Aquatic Center closed Sunday for its annual winter maintenance and will remain closed through Jan. 1.
The Lompoc Outdoor Community market will continue throughout the break Saturdays, 9 a.m. to 3 p.m. rain or shine.
Lompoc Library and Village Library book drops will remain open, and library digital resources will continue to be available online.
Utility bill payments may be made online during
chips, cookies, energy bars, chocolates, ramen, shampoos and conditioners. Over the weekend, volunteers assembled the items into 875 gift bags that they distributed to inmates and staff members Sunday at the Main Jail in Santa Barbara and Monday at the Northern Branch Jail near Santa Maria.
This is the fifth year that Impact Ministry has brought holiday joy to inmates and staff.
— Dave Masonthe closure or placed in the yellow drop box in the median of the parking lot entrance at Civic Center Plaza. Inquiries for new utility services can be sent to utilityconnections@ci.lompoc.ca.us.
Regular solid waste collection service will take place during the break, and the Lompoc Landfill will be closed on Dec. 25 and Jan. 1.
City essential services will remain operational, and the public can continue reporting any road hazards or other public works issues. Lifethreatening emergencies should be reported by calling 9-1-1.
Non-emergency street maintenance issues: Call 805-875-8021 or use the online form.
Non-emergency urban forestry/tree issues: Call 805-875-8034.
Non-emergency transit/bus issues: Call 805-7367666.
Non-emergency airport issues: Call 805-8758268.
— Neil HartsteinTRAFFIC, CRIME AND FIRE BLOTTER
One injured in Hwy. 101 crash
SANTA BARBARA — A two-vehicle collision on Highway 101 north of the Turnpike Road exit on Monday afternoon injured one person and blocked two lanes for at least 20 minutes, according to the California Highway Patrol.
The collision between a Lexus sedan and Toyota pickup occurred about 4 p.m., a CHP spokeswoman said.
Ambulances were called to the scene, and CHP reports one took an injured person to Cottage Hospital.
The two vehicles blocked the No. 1 and No. 3 lanes until tow trucks arrived and removed them, the CHP said. Both vehicles sustained front end damage.
— Neil HartsteinEfforts ongoing to manage discharge from wrecked fishing boat
SANTA BARBARA COUNTY — A Unified Command continues to manage a response to a discharge of diesel and hydraulic fluid from a fishing vessel that ran aground Thursday near Chinese Harbor on Santa Cruz Island, off the coast of Santa Barbara County, the Santa Barbara County Fire Department said Monday.
The vessel, the Speranza Marie, owned by Ocean Angel VI, LLC, has a capacity of 4,000 gallons, and was estimated to be carrying approximately 1,000 gallons of diesel fuel, as well
as an unknown amount of hydraulic fluid.
Representatives within the United Command include the U.S. Coast Guard, California Department of Fish and Wildlife’s Office of Spill Prevention and Response, Santa Barbara County Fire, Channel Islands National Park, Channel Islands National Marine Sanctuary, and Ocean Angel VI.
The vessel remains in place, and Global Diving and Salvage, a vessel salvage contractor, is working to stabilize, defuel and remove the vessel.
A non-recoverable sheen is present within Chinese Harbor. Staff with Fish and Wildlife and the National Park Service are assessing potential impacts to intertidal habitats and wildlife. Efforts are ongoing to assess and remove any pollution threats from the vessel prior to salvage operations.
Based on the continuing analysis of the vessel’s structure, appropriate rigging and anchor systems will be utilized to move and refloat the vessel.
The Coast Guard has established a safety zone around the incident site and a notice to mariners is in place for boaters to avoid the area.
The Oiled Wildlife Care Network has been notified and remains on standby to assist in the event impacted wildlife need to be captured. A dead cormorant was recovered near the site on Friday, and the carcass has been retained.
The squid vessel was estimated to have 16,000 pounds of dead squid on board. All recoverable squid will be removed and disposed of properly to reduce the attraction of other wildlife to the scene.
Anyone observing oiled wildlife should not attempt to capture it. Instead please report observations of oiled wildlife to the oiled wildlife hotline at 877-823-6926.
— Neil HartsteinLouisiana soldier sues U.S. Department of Defense over COVID vaccine mandate
By VICTOR SKINNER THE CENTER SQUARE CONTRIBUTOR(The Center Square) — A U.S. Army sergeant is suing President Joe Biden, the U.S. Department of Defense, and others over the military COVID19 vaccine mandate and repeated denials of his requested religious exemption.
Master Sergeant Robert Galey, Jr. filed suit in U.S. District Court for the Western District of Louisiana with the help of the Pelican Institute last week in anticipation of his supervisors moving forward with a General Officer Memorandum of Reprimand this week, a punishment that he argues will effectively end his career.
“We’re arguing the Army’s military vaccine mandate is unconstitutional under the First Amendment and the Religious Freedom Restoration Act,” said James Baehr, special counsel for the Pelican Institute, which is carrying the case filed on Dec. 15 pro bono.
The lawsuit comes as Congress appears poised to approve a National Defense Authorization Act that includes language requiring the military services to rescind the vaccine mandate, which Galey argues will be too late to prevent his separation.
“NDAA is trying to eliminate the vaccine mandate and stop the separations from happening,” Mr. Baehr said, “but his commander said they’re still moving forward with separation.”
“They can move forward with that as quickly as a few weeks,” he said.
Sgt. Galey has served as an active-duty infantry soldier for 16 years, with eight deployments to combat zones including Iraq and Afghanistan, and he’s currently stationed at Louisiana’s Fort Polk.
President Biden included the COVID-19 vaccine on the list of required immunizations for all service members on July 29, 2021, and Sgt. Galey requested an exemption based on his Christian
House Jan. 6 Committee refers Trump for criminal investigation
By CASEY HARPER THE CENTER SQUARE(The Center Square) – The House committee investigating the Jan. 6, 2020, riots at the U.S. Capitol on Monday voted to refer multiple criminal charges against former President Donald Trump to the Justice Department for potential prosecution.
The committee, which has investigated for a year and a half including holding a series of televised public hearings, accused Mr. Trump of inciting an insurrection on Jan. 6 when protesters gathered at the Capitol, many of whom were contesting the results of the 2020 presidential election won by President Joe Biden.
Charges against the former president include obstructing an official proceeding, defrauding the United States, making false statements and assisting or aiding an insurrection.
U.S. Rep. Jamie Raskin, D-Md., said the committee
advanced referrals “where the gravity of the specific offense, the severity of its actual harm, and the centrality of the offender to the overall design of the unlawful scheme to overthrow the election compel us to speak.”
The Justice Department is under no obligation to follow up on the referral, meaning the gesture could end up being mostly a symbolic Congressional condemnation of the former president. The DOJ already is conducting its own investigation.
The committee also referred four House Republicans to the Ethics Committee for refusing to comply with subpoenas the committee issued. Lawmakers presented their findings and are expected to release a report Wednesday which will include more details.
Mr. Trump shared on TruthSocial Monday a message saying he shared a video on Jan. 6 on Twitter telling attendees to “go home.” Mr. Trump has been vehemently outspoken against the committee.
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Another California company relocating headquarters to Texas – Boingo Wireless
By BETHANY BLANKLEY THE CENTER SQUARE CONTRIBUTOR(The Center Square) – Boingo Wireless, a total connectivity provider of distributed antenna systems (DAS), Wi-Fi and private networks, is building a new office in Frisco, with plans to relocate its corporate headquarters from Los Angeles to the rapidly expanding north Texas city, Gov. Greg Abbott announced on Monday.
The announcement is yet another example of many California businesses that continue to relocate to Texas, with the exodus ramping up since Gov. Gavin Newsom took office.
“With more corporate relocation and expansion projects than any other state, Texas remains the premier destination for companies looking to unleash their full economic potential,” Gov. Abbott said. “Boingo’s new office location in Frisco will bring more goodpaying jobs and brighter opportunities for hardworking Texans in our state’s growing tech industry. I look forward to an ongoing partnership with the company as they prepare to relocate the company’s headquarters to North Texas.”
“Expanding our presence in Texas is a strategic move for Boingo,” Boingo CEO
Mike Finley said. “We already have longestablished partners and employees in the state and opening a new office at The Star in Frisco supports our company’s vision and our ability to attract and retain top talent. It will allow us to connect deeply with regional key customers, engage with their communities and understand their unique needs.”
Boingo designs, builds, and manages converged, neutral host public and private networks at major venues around the world. Its footprint of DAS, Wi-Fi, small cells and macro towers provides secure connectivity in airports, transit stations, stadiums, military bases, hospitals, commercial properties and enterprises worldwide.
Boingo is expanding its presence in Frisco after the Omni PGA Frisco Resort announced in February it had chosen it to design, build, and manage a neutral host cellular DAS network for its new golf resort. The resort, scheduled to open in Spring 2023, will feature championship golf courses, an event space, an expansive retail and entertainment district, and be the new home of PGA of America.
Major PGA championships will soon be held there, including the KitchenAid Senior PGA Championship in 2023, the KPMG Women’s PGA Championship in 2025 and the PGA
Championship in 2027.
The new project is expected to create 247 new jobs and generate approximately $1.48 million in capital investment. The over $200 million company received a Texas Enterprise Fund grant of $517,400 to help build its new headquarters in Frisco.
Frisco Mayor Jeff Cheney said Boingo’s “relocation is a major win for our city’s economic development. Innovation is a strategic focus for Frisco. Welcoming Boingo elevates our position among Smart Cities as a leader in 5G technology.”
Frisco, one of the fastest growing cities in the U.S., has become a new hub for many tech companies, including Magna5, a nationwide provider of managed IT, the North American offices of Redwood Software and the Abacus Group, over 200 startups, and major employers like T-Mobile, according to the FEDC.
It’s also a major sports business headquarters, home to the Dallas Cowboys, the Dallas Cowboys Cheerleaders, the Dallas Stars and FC Dallas. The latest major business sports move was the PGA of America moving its headquarters to Frisco and building a new, 600-acre mixed-use development with an initial investment of more than $500 million.
California state Senator Scott Wiener
files bill to decriminalize psychedelics
By TOM JOYCE THE CENTER SQUARE CONTRIBUTOR(The Center Square) - A California state Senator has filed a bill to decriminalize the possession and personal use of certain psychedelic drugs.
State Senator Scott Wiener, DSan Francisco, introduced Senate Bill 58 on Monday.
Sen. Wiener’s bill would include these drugs: psilocybin, psilocin,
Dimethyltryptamine (“DMT”), mescaline (excluding peyote), and ibogaine.
“Psychedelics have tremendous capacity to help people heal, but right now, using them is a criminal offense,” Sen. Wiener said in a press release. “These drugs literally save lives and are some of the most promising treatments we have for PTSD, anxiety, depression, and addiction. We need to end the outdated, racist,
failed War on Drugs and finally pursue drug policies that help people instead of incarcerating them.”
Sen. Wiener has filed this bill before. His bill passed in the California Senate in 2021. However, it stalled in the Assembly Appropriations Committee.
Heroic Hearts Project, a veteran service organization, voiced support for the legislation,
arguing that these products can improve mental health for military veterans.
“Psychedelics helped healed the unseen scars from my 10 years of service in the War on Terror,” California veteran and Heroic Hearts advocate Michael H. Young said in the release. “This sacred plant medicine showed me how to put myself back together again. I am more whole now. I can
sang “Happy Birthday” to the residents celebrating their December birthdays. Santa Claus reminded everyone: “Be good and no peeking!” (You’d better watch out.)
The decorations efforts were helped by Troop 37’s Scouts, who volunteered for the fifth time to come to Hillside during their Thanksgiving vacation.
“Helping at Hillside with Shining Light on Abilities around Thanksgiving has become a Troop 37 tradition,” said Will Rubison, a Scout who came all the way from San Francisco to help with the decorations.
“I wanted to be here to show the younger Scouts the importance of volunteering, plus Hillside always feeds us well,” Mr. Rubison said in a news release.
Mr. Rassler expressed his gratitude to the Hillside Facilities Team and those who helped to create the seasonal display. He said they included residents, their families and loved ones; neighbors, sponsors, donors, volunteers, the community and the trolley light tours that bring people to the Veronica Road campus.
Besides the lights and decorations, the display includes a slideshow that is projected on a large screen and features some of Hillside’s 59 residents. The special show, which you’ll find running continuously if you look through the picture window at the main Hillside building, was created by Office Manager Elizabeth Arendt.
“I was happy to be part of the slideshow
critical that future growth be affordable to our local workforce’
KYRIACO
Continued from Page A1
ceremony, Mr. Kyriaco talked to the News-Press about major issues such as traffic congestion, the revenue from the newly passed sales tax increase, crime, homelessness and efforts to revitalize Old Town Goleta.
First, Mr. Kyriaco addressed the lack of street lighting in some areas.
“I will continue to work toward additional street lighting throughout the city, particularly focusing on more equitable distribution of lighting in areas like Old Town that are asking for more lighting as a matter of safety,” Mr. Kyriaco said.
The News-Press asked Mr. Kyriaco about how he hopes to improve traffic congestion.
“I look forward to seeing traffic improvements such as the EkwillFowler extension that will add another East-West option through Old Town, as well as the new San Jose Creek Bike Path project and the Hollister Avenue Interim Striping Project,” Mr. Kyriaco said. “I am proud that, rather than spending tens of millions on a permanent project along Hollister, we are instead embarking on a solution that is quick to implement and will have ample opportunities for evaluation and adjustment as needed.”
Mr. Kyriaco addressed how the
FYI
James Kyriaco’s constituents can contact him at 805-961-7535 or jkyriaco@ cityofgoleta.org.
revenue from the newly passed 1% sales tax increase will be used.
“I intend to keep my word and follow the priority spending plan that the council supported, prioritizing road and infrastructure improvements, improving emergency response times and implementing our plans for preserving and protecting our beaches, creeks and streams, as well as addressing housing and childcare needs for our local workforce,” he said.
The News-Press asked Mr. Kyriaco about how he plans to reduce homelessness. “The city just hired a homelessness services coordinator (Chuck Flacks) and will be investing more resources towards successful implementation of our Homelessness Strategic Plan and ensuring the successful launch of Buena Tierra, the new supportive housing that is being added at the former site of the Super 8 motel.”
Mr. Kyriaco also addressed how he plans to boost Goleta’s businesses.
“One of my top priorities will be ensuring the successful development of a new Economic Development Strategic Plan for the city, which will do much to promote a strong business climate,” he said. “I also look forward to ensuring that upcoming Old Town improvements and the Old Town Visioning Process are done in a way that helps protect our existing local businesses.”
“Goleta has grown significantly in recent years, adding over 1,300 new housing units,” said Mr. Kyriaco. “It’s critical that future growth be affordable to our local workforce and planned carefully and thoughtfully so that we don’t suffer unwanted negative impacts
that harm our quality of life.”
Mr. Kyriaco spoke about how he hopes to bring affordable housing to the city. “Goleta will continue to contribute additional affordable housing to meet the needs of our local community. There are current projects under consideration that can help meet the need for more affordable housing, and Goleta has taken action to ensure that at least 20% of all future housing development in the city includes real affordability.”
The News-Press asked Mr. Kyriaco to address the issue of crime.
“I am thankful that our law enforcement partners at the county sheriff’s office continue to do an excellent job and that Goleta continues to consistently be named one of California’s 50 safest cities. While there are some concerning trends like catalytic converter thefts that are plaguing much of the western United States, I am pleased that overall crime remains low and that Goleta
remains a safe place to live, work and play.”
Mr. Kyriaco also noted that Goleta enjoys first-rate service from the Santa Barbara County Fire Department and that he looks forward to working during the next four terms on adding a fire station and more personnel to protect Goleta from wildfires and other emergencies.
Finally, Mr. Kyriaco spoke about the revitalization of Old Town.
“Old Town revitalization is well underway with the Hollister Interim Striping Project, the improvements to the Goleta Community Center, the San Jose Creek Bike Path project, and the Ekwill-Fowler project all moving forward. However the Old Town Visioning Process, scheduled to begin in early 2023 will be a wonderful way for the community to come together and help inform traffic circulation, zoning and economic vitality plans for many years to come.”
email: kzehnder@newspress.com
Army has denied 1,804 religious accommodation requests
faith in October 2021.
Sgt. Galey opposes the vaccine “due to what he believes and understands is a connection between these vaccines and their testing, development, or production using aborted fetal cell lines,” according to the lawsuit.
“Plaintiff holds the sincere religious belief that life is sacred, from conception to natural death, and that abortion is the impermissible taking of an innocent life in the womb,” the lawsuit read. “Plaintiff is actively involved in pro-life and crisis pregnancy service work at his church.”
Sgt. Galey’s requested exemption was supported by letters from his minister,
chaplain, and immediate commander, but the request was denied by his commander Col. Andrew O. Saslav in November 2021. The request was also rejected by the Surgeon General of the Army, Assistant Secretary of the Army for Manpower & Reserve Affairs and the Acting Assistant Secretary of the Army for Manpower and Reserve Affairs.
The final rejection was issued on September 28, 2022.
“Master Sergeant Galey has been threatened with imminent involuntary administrative separation, the loss of his military career, and the loss of all military medical and retirement benefits going forward,” the lawsuit read.
Mr. Baehr noted that “all the other military services have been protected and covered by judges (forbidding vaccine-related separations), but the Army has not.”
“Folks are still being separated in the Army,” he said.
The lawsuit contends that through September 16, 2022, the Army has denied 1,804 religious accommodation requests for the vaccine mandate.
“Out of 8,476 requested across all components of the Army, the Army granted only 32 permanent religious accommodation requests,” the lawsuit reads. “Defendants have denied 98.2% of religious accommodation requests.”
“I am grateful that Congress has recognized the harm that the COVID-19 vaccine mandate is having on the Army, but the NDAA changes won’t make me whole,” Sgt. Galey said. “I have missed out on training opportunities, been removed from leadership, and had my orders to an important follow-on assignment deleted, all for simply expressing my faith.”
Substances decriminalized in Oregon, Colorado, D.C.
love again. I am ready to serve my community again. Every veteran deserves responsible access to psychedelic healing modalities. Decriminalize psychedelics now!”
The bill also has some support from law enforcement. It includes a retired San Francisco Police
Department Sergeant. “As a former law enforcement professional, I have seen what works and what doesn’t,” Sgt. Carl Tennenbaum, retired San Francisco Police Department officer, said in the release.
“Removing criminal penalties for psychedelics will improve public safety in California, allow law enforcement to focus on the violent crime that threatens all of us, and it will give hope to first
responders and many others that suffer from PTSD, depression by allowing personal use of psychedelic medicines for healing. We’re in a mental health crisis, it’s time California did something about it.”
SB 58 is co-authored by Senator Josh Newman, D-Fullerton, and Assemblymembers Evan Low, D-Silicon Valley, Matt Haney, DSan Francisco, Isaac Bryan, DLos Angeles, Lola Smallwood-
Cuevas, D-Los Angeles, Alex Lee, D-Fremont, and Buffy Wicks, D-Oakland. Assemblymember Ash Kalra, D-San Jose, is the principal co-author of the bill in the California Assembly.
California would not be the first place to decriminalize these substances. Oregon and Colorado have decriminalized them, as have Washington, D.C., and California cities such as Oakland, San Francisco, and Santa Cruz.
She
ALFANO, Lee Constance (Porrini)
Born in Los Angeles, CA on January 4, 1931, to Francisco and Maria Porrini, newly emigrated from Italy.
Survived by sister, Doris Schlerf; children, Nancy (Brad Banks), Mark (Kimberly) and Victoria (Mark Blethen); seven grandchildren, Tiana & Steven Hayes, Kristina Vercellono, Robert, Mary Margaret, and Matthew Blethen, Isabella Alfano and numerous nieces and nephews.
A graduate of UCSB in 1992, she later served as librarian at Foothill School in Goleta where she received the California Congress of Parents Honorary Service Award.
Obituary notices are published daily in the Santa Barbara News-Press and also appear on our website www.newspress.com To place an obituary, please email the text and photo(s) to obits@ newspress.com or fax text only (no photos) to (805) 966-1421. Please include your name, address, contact phone number and the date(s) you would like the obituary to be published. Photos should be in jpeg format with at least 200 dpi. If a digital photo is not available, a picture may be brought into our office for scanning. We will lay out the obituary using our standard format. A formatted proof of the obituary and the cost will be emailed back for review and approval. The minimum obituary cost to print one time is $150.00 for up to 1.5” in length -- includes 1 photo and up to 12 lines of text, approximately 630 characters; up to approximately 930 characters without a photo. Add $60.00 for each additional inch or partial inch after the first 1.5”; up to approximately 700 characters per additional inch. All Obituaries must be reviewed, approved, and prepaid by deadline. We accept all major credit cards by phone; check or cash payments may be brought into our office located at 715 Anacapa Street.
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p.m. -0.5’ 8:08 p.m. 3.5’ none Dec. 21 7:08 a.m. 6.5’ 12:34 a.m. 2.0’ 8:59 p.m. 3.6’ 2:32 p.m. -1.1’ Dec. 22 7:48 a.m. 6.8’ 1:18 a.m. 2.2’ 9:49 p.m.
63/47/s
57/40/c
Barstow 57/34/s 61/36/s
Big Bear 49/18/s 52/22/s
Bishop 56/27/pc 58/27/pc
Catalina 61/51/s 64/52/s
Concord 56/40/c 55/43/pc
Escondido 68/38/s 70/42/s
Eureka 52/48/sh 56/48/c
Fresno 54/38/pc 56/42/c
Los Angeles 67/45/s 69/48/s
Mammoth Lakes 42/19/c 46/16/pc
Modesto 55/37/pc 53/42/c
Monterey 58/41/pc 63/48/s
Napa 56/40/c 54/41/pc
Oakland 54/42/c 55/47/c
Ojai 67/43/s 71/44/s
Oxnard 61/44/pc 63/45/s
Palm Springs 69/46/s 73/50/s
Pasadena 68/44/s 70/48/s
Paso Robles 62/33/s 62/39/s
Sacramento 52/40/c 53/40/c
San Diego 64/42/s 64/46/s
San Francisco 56/45/c 57/48/pc
San Jose 58/40/c 62/47/pc
San Luis Obispo 63/43/pc 69/47/s
Santa Monica 65/45/s 67/46/s
Tahoe Valley 42/27/sn 46/27/c
Atlanta 42/38/sh 47/40/c
Boston 40/26/s 39/30/s
Chicago 34/18/pc 30/28/c
Dallas 54/37/pc 52/35/pc
Denver 47/23/pc 49/-22/sn
Houston 56/40/pc 56/44/c
Miami 80/68/t 81/71/pc
Minneapolis 3/-8/pc 4/-2/sn
New York City 40/28/s 39/32/pc
Philadelphia 40/27/s 42/32/pc
Phoenix 64/40/pc 65/43/s
Portland, Ore. 47/31/r 39/18/c
St. Louis 43/23/pc 39/33/c
Salt Lake City 36/33/pc 43/17/sf
Seattle 38/24/sn 31/18/c
Washington, D.C. 44/28/pc 45/34/s
Beijing 39/18/pc 33/18/c Berlin 45/40/c 46/39/r Cairo 74/57/pc 67/56/s
Cancun 84/68/s 84/70/s London 54/41/r 51/46/pc
Mexico City 71/53/pc 70/52/pc
Montreal 30/20/c 32/19/c
New Delhi 72/47/pc 70/45/pc
Paris 53/47/r 54/49/pc
Rio de Janeiro 75/71/r 76/71/r
Rome 59/43/pc 61/48/pc
Sydney 69/57/pc 72/60/pc Tokyo 51/40/s 52/40/c
‘It’sand share that I like to help other residents,” said Mona, who has resided since 2015 at HIllside. Earlier this year, she graduated from Project SEARCH, a job coaching program for individuals with disabilities. In addition to residents such as Mona, the slideshow mentions sponsors, including Demboski & Chapman Financial and Insurance Solutions; Easy Lift Transportation; Jordano’s; Klein DeNatale Goldner Attorneys At Law; MarBorg Industries; John D. Rubin Enterprises; and Unity Shoppe. email: dmason@newspress.com KENNETH SONG / NEWS-PRESS
Life theArts
REVIEW
‘Avatar: e Way of Water’ proves to be seaworthy
CALENDAR
By DAVE MASON NEWS-PRESS MANAGING EDITOR‘Avatar: The Way of Water” is a deep dive into emotional turbulence, waves of action and a sea of wonder.
It’s a long movie — longer than it needed to be, actually, at 3 hours, 12 minutes. And viewers will likely be debating some of the plot points for a long time.
But ultimately, the movie delivers a great story with well-
developed characters. This film has a lot of heart.
Director James Cameron, who co-wrote the screenplay with Rick Jaffa and Amanda Silver, has topped what he did in the first “Avatar” film (2009) — the highest grossing movie of all time, by the way. The long-awaited sequel easily topped the box office in its first weekend with a $134 million gross.
In “The Way of Water,” it’s been more than a decade since Jake Sully (Sam Worthington), who evolved from a human into
one of the Na’vi people, found his destiny and his wife Neyteri (Zoe Saladana) on the extrasolar moon Pandora. Today, the couple are raising their children on Pandora, and Jake continues to lead the Omaticaya Clan in its fight against the humans who have returned to colonize Pandora by force.
But he’s found he and his family are being targeted by the Na’vi avatar containing the memories of Col. Quaritch (Stephen Lang), whom Jake killed during combat back in the original movie. It’s
not spoiling too much
That brings an incredible dimension to the “Avatar” story, which introduces new life forms and more mysticism in a culture that respects nature. Unfortunately, the human troops don’t share that respect, and “The Way of Water,” as you’d expect, delivers ecological messages.
And the cast delivers great performances. Mr. Worthington
As
Kate Winslet, who starred in
The calendar appears Mondays through Saturdays in the “Life & the Arts” section. Items are welcome. Please email them a full week before the event to Managing Editor Dave Mason at dmason@ newspress.com.
TODAY 10 a.m. to 5 p.m. “Interlopings: Colors in the Warp and Weft of Ecological Entanglements” is an exhibit that runs through March 12 at the Santa Barbara Botanic Garden, 1212 Mission Canyon Road, Santa Barbara. Hours are 10 a.m. to 5 p.m. daily. The exhibit features weavings dyed with pigments from non-native plants on Santa Cruz Island. The weavings were created by artists Helen Svensson and Lisa Jevbratt. For more information, see sbbotanicgarden.org. 11 a.m. to 5 p.m. The exhibit “Parliament of Owls” runs through Feb. 5 at the Santa Barbara Museum of Natural History, 2559 Puesta del Sol, Santa Barbara. Hours are 11 a.m. to 5 p.m. Tuesdays through Sundays, 11 a.m. to 8 p.m. Thursdays. For more information, see sbma.net.
DEC. 31 8:30 p.m. to 10 p.m. The Santa Barbara Symphony will perform its annual New Year’s Eve concert, featuring music varying from The Beatles to James Bond to Broadway, at The Granada, 1214 State St., Santa Barbara. Pops conductor Bob Bernhardt will conduct the concert, which will feature renowned soprano Mela Sarajane Dailey. There will also be champagne, noise-makers and, of course, party hats. To purchase tickets, go to thesymphony.org or thegranadasb.org or call the symphony at 805-893-9386.
9 p.m. The Boogie Knights and Spazmatics will perform during the New Year’s Eve Disco Boogie Ball at the Chumash Casino Resort in Santa Ynez. Tickets cost $50. To purchase, go to chumashcasino.com/entertainment.
JAN. 3
7:30 p.m. The American Theatre Guild will present the North American tour of “R.E.S.P.E.C.T,” a theatrical concert celebrating the music of Aretha Franklin, at The Granada, 1214 State St. Tickets cost $59 to $114. To purchase, go to granadasb.org.
JAN. 4
7:30 p.m. The American Theatre Guild will present the North American tour of “R.E.S.P.E.C.T,” a theatrical concert celebrating the music of Aretha Franklin, at The Granada, 1214 State St. Tickets cost $59 to $114. To purchase, go to granadasb.org.
JAN. 21
7:30 p.m. The Santa Barbara Symphony will perform its “Plains, Trains & Violins” concert at The Granada, 1214 State St. The concert includes Miguel del Aguila’s Concerto for Violin and Orchestra, “The Journey of a Lifetime” (El viaje de una vida) with violin soloist Guillermo Figueroa and the concert world premiere of Elmer Bernstein’s “Toccata for Toy Trains.” The orchestra will also perform Dvorak’s Symphony No. 9 (“From the New World”). Tickets cost $35 to $175. To purchase, go to granadasb.org.
JAN. 22
3 p.m. The Santa Barbara Symphony will perform its “Plains, Trains & Violins” concert at The Granada, 1214 State St. The concert includes Miguel del Aguila’s Concerto for Violin and Orchestra, “The Journey of a Lifetime” (El viaje de una vida) with violin soloist Guillermo Figueroa and the concert world premiere of Elmer Bernstein’s “Toccata for Toy Trains.” The
also perform Dvorak’s Symphony No. 9 (“From the New World”). Tickets cost $35 to $175. To purchase, go to granadasb.org.
4 to 5 p.m. “Roy Dunn: Capturing Imagery of Our Wild Neighbors” will take place at the Wildling Museum of Art and Nature, 1511-B Mission Drive, Solvang.
AVATAR
Continued from Page B1
Kate Winslet, who starred in Mr. Cameron’s “Titanic” and reunited with the director for the first time since that epic, plays Na’vi warrior Ronal with power and heart. And “Sopranos” star Edie Falco plays a nasty villain, Gen. Ardmore.
“Way of the Water” uses a mix of live action, computergenerated images and performance capture acting to
deliver a visually stunning story. The early battle scenes are OK, but the movie finds its rhythm in the later battles, where the action will keep you on the edge of your seat.
Pay close attention as you watch, and see this film with a significant other, friend or family member. You’ll want to compare notes afterward on what happened and why.
Meanwhile, it’s tempting to describe the wonderful sea creatures in “Way of the Water,” especially a whale-like
one called the tulkun, but that would be spoiling too much.
Fortunately, Mr. Cameron and his team paused the fighting and allowed viewers a chance to get to know these creatures and their connection with the people.
Pandora is an ideal world in which people and nature live in harmony. Ultimately it’s an inspiration to people living today on 21st-century Earth.
The world can be a better place. Just look at Pandora.
email: dmason@newspress.com
Shelters seek homes for pets
Local animal shelters and their nonprofit partners are looking for homes for pets.
For more information, go to these websites:
• Animal Services-Lompoc, countyofsb.org/phd/animal/home.
sbc.
• Animal Shelter Assistance Program in Goleta, asapcats.org. ASAP is kitty corner to Santa Barbara County Animal Services.
• Bunnies Urgently Needing Shelter in Goleta, bunssb.org. BUNS is based at Santa Barbara County Animal Services.
• Companion Animal Placement
Assistance, lompoccapa.org and facebook.com/capaoflompoc.
CAPA works regularly with Animal Services-Lompoc.
• K-9 Placement & Assistance League, k-9pals.org. K-9 PALS works regularly with Santa Barbara County Animal Services.
• Santa Barbara County Animal Care Foundation, sbcanimalcare. org. (The foundation works regularly with the Santa Maria Animal Center.)
• Santa Barbara County Animal Services in Goleta: countyofsb.org/ phd/animal/home.sbc.
• Santa Barbara Humane (with
campuses in Goleta and Santa Maria), sbhumane.org.
• Santa Maria Animal Center, countyofsb.org/phd/animal/home. sbc. The center is part of Santa Barbara County Animal Services.
• Santa Ynez Valley Humane Society/DAWG in Buellton, syvhumane.org.
• Shadow’s Fund (a pet sanctuary in Lompoc), shadowsfund.org.
• Volunteers for Inter-Valley Animals in Lompoc: vivashelter. org.
Dave Mason‘Avatar: The Way of Water’ tops the weekend’s box office
By DAVE MASON NEWS-PRESS MANAGING EDITOR“Avatar: The Way of Water” made a giant splash during its opening weekend, to the sound of $134 million.
That’s how much the longawaited sequel grossed as it easily seized the No. 1 spot at the North American box office.
While it did well, “The Way of Water” performed below expectations, which were high for a good reason. After it was released in 2009, the first “Avatar” movie went on to become the highest-grossing movie of all time with $2.9 billion. But in its first weekend, the original “Avatar” grossed $77 million, and “The Way of Water” did almost twice that well in its first weekend. So stayed tuned; the box office numbers could climb a lot during the Christmas season.
Last weekend, “Violent Night,” an R-rated film about Santa Claus (David Harbour) defending a wealthy family against mercenaries, remained in second place, grossing $5.6 million.
For the first time since it opened, “Black Panther: Wakanda Forever” wasn’t No. 1. Instead, the Marvel Studios sequel dropped to third place with a gross of $5.4 million.
The animated “Strange World” fell to fifth place with a gross $2.2 million.
“The Menu,” a horror thriller, dropped to fifth place with $1.7 million.
“Devotion,” based on the true story about Ensign Jesse Brown and Lt. Tom Hudner during the Korean War, fell to sixth place with $825,000.
“The Fabelmans,” the Steven Spielberg-directed film about an adolescent filmmaker in postWorld War II Arizona, stayed in seventh place with $750,000.
“Black Adam,” starring Dwayne
$500,000.
“I
place with $309,815.
“Empire
email: dmason@newspress.com
Holiday Decor contest winners announced
SANTA BARBARA — 33 Jewels and 1st Chase Restaurant & Lounge are tied for first place in Downtown Santa Barbara’s Holiday Decor contest.
Located at 814 State St., 33 Jewels won The Golden Peacock Nest Award. The business used
a peacock theme in its interior decor. And 1st Chase Restaurant &
NatureTrack releases ‘The Accessible Outdoors’
LOS OLIVOS — NatureTrack Film Festival’s award-winning documentary “The Accessible Outdoors” was recently released and is now available to the public.
You can watch the 15-minute documentary for free at vimeo. com/634811616. NatureTrack Film Festival, which is based in Los Oilvos, released the documentary to celebrate International Day of Persons with Disabilities, which took place Dec. 3.
The documentary was directed by Mitchka Saberi and Francisco Lopez, and executive-produced by NatureTrack’s founder Sue Eisaguirre. The documentary made the rounds to more than two dozen festivals where it picked up several awards.
“The Accessible Outdoors” highlights the importance of access to nature for people with disabilities and how important nature appreciation is in general. It features interviews with various disability activists and wheelchair users. It also shows the Freedom Trax device, the game-changer for wheelchair users who long to be close to nature. Families can reserve a Freedom Trax for beach outings, or in the parks where terrain can be uneven. The devices are also available to
nonprofits, “This past year, NatureTrack Foundation has expanded its outdoor field trips to be accessible to wheelchair users, and we’ve met so many wonderful people along the way!”
Ms. Eisaguirre said in a news release. “Access to nature is a universal right, which includes our community members with disabilities. Getting out onto the
Ms. Eisaguirrre
Thought for Today
HOROSCOPE
Horoscope.com
Tuesday, December 20, 2022
ARIES — Today you may ask yourself if you’re satisfied. How is your personal life? Do people live up to your standards or are you always left feeling dissatisfied? It may be time to make some important decisions in your life. What do you really want out of life? You might find some of the answers today.
TAURUS — Nothing is simple where your family is concerned. If you’ve forgotten that, don’t worry. Today will remind you. You may have to deal with some of your lingering problems with certain family members. You will find you have all the energy you need in order to find the solutions to the conflicts that have been eating at you for a while.
GEMINI — You like to give people advice and help them find direction in their livessometimes when they haven’t even asked. But now it’s your turn to feel a little lost. You may need to get away from it all to get some perspective on your life. What about taking a trip to some faraway land? Today is a good day to make your future vacation plans.
CANCER — Cancer, you may put your integrity under the microscope today. We all have deep convictions that we would never let go of. But society pressures us, and it isn’t always easy to live in perfect harmony with our ideals. The question to ask yourself today is just how willing are you to change your most heartfelt beliefs in order to live in society?
LEO —Your freedom is more important to you than anything else in your life. It’s often very difficult for you to get involved, whether personally or professionally. Nevertheless, today you may have to think about it. Could it be that your thirst for freedom is just an escape? You may need to ponder this question. Who knows?
VIRGO — Certain very narrow-minded people may get on your nerves. You’re lucky enough to be an open, tolerant person, Virgo. You take people and situations just as they come. Today you may find yourself in the middle of negotiations between two people with opposite views. Help them open
their eyes to each other’s point of view.
LIBRA — Today you will be able to explore the power of your emotions. Don’t try and fight what you call your “oversensitivity.” A force from childhood will permeate you and help you to find out what your real needs are. Shouldn’t you think about staying away from people who influence you a little too much? Think about it and go with your emotions.
SCORPIO — Scorpio, you feel secure in the warmth and depth of your emotions. Today you will have the opportunity to reenergize and regenerate yourself from the inside out. Take advantage of the energies at play to deepen your relationships with the people you love. Get to know them even better. Your powers of seduction will mesmerize them.
SAGITTARIUS — The atmosphere may seem a bit oppressive today, Sagittarius. You like to be free to do what you want to do, and it may bother you that the people around you don’t make themselves available to you. They seem preoccupied by their own business. This could bring out some old wounds that haven’t completely healed.
CAPRICORN — You may feel a bit tied down today. It won’t necessarily be a bad day, but you may wonder about certain aspects of your family life. Don’t try and kid yourself. You should think hard about what you want for your family for the next few years and how you intend to go about getting it.
AQUARIUS — There are days when you should take everything with a grain of salt. Today you may realize how important it is to gain the appreciation and respect of a certain person. It isn’t worth getting worked up about. You will only make things worse. You may just need to do something that puts the fire back into your emotions.
PISCES — Pisces, you shouldn’t even try to find a reasonable explanation for what goes on around you today. There isn’t one. Be carried by the tides of emotions from the past that run through your body and soul. There’s no use trying to control them - they need to come out. Instead, take the time to revitalize yourself in the intimacy of your home or at a friend’s, if possible.
SUDOKU
CODEWORD PUZZLE
By FRANK STEWART Tribune Content AgencyTuesday, December 20, 2022
“I gather from your writing that you don’t place much value on those ‘rules’ that defenders are supposed to observe,” a club player said.
“It’s better to call them guidelines,” I replied. “They have too many exceptions and require too much judgment to be rules.”
“What about ‘aces are meant to take kings’?” he asked.
My friend had been today’s East, and West led the queen of hearts against 3NT. East overtook with the king, and South ducked and won the heart return.
EIGHT TRICKS
“South next led a club to dummy’s ace,” East said, “and since aces are meant to take kings, I dumped my king! South could win only eight tricks; he couldn’t set up a third club trick without losing a club to my partner, who ran his hearts. If I play low on the ace of clubs, South makes 3NT.”
East defended well. He inferred that South lacked the jack of clubs since he hadn’t taken a finesse. But South should lead a spade to dummy at Trick Three and return a low club. Then the contract is unbeatable.
heart. The next player passes. What do you say?
ANSWER: If you judge the hand worth inviting game, temporize with a response of two clubs, planning to support the hearts next. (In a style where two clubs would force to game, you would respond 1NT, forcing.) I would judge the hand worth only a raise to two hearts. The heart support is poor and the hand is full of losers. But the decision is close.
South dealer N-S vulnerable
Codeword is a fun game with simple rules, and a great way to test your knowledge of the English language.
Every number in the codeword grid is ‘code’ for a letter of the alphabet. Thus, the number 2 may correspond to the letter L, for instance.
All puzzles come with a few letters to start. Your first move should be to enter these letters in the puzzle grid. If the letter S is in the box at the bottom of the page underneath the number 2, your first move should be to find all cells numbered 2 in the grid and enter the letter S. Cross the letter S off the list at the bottom of the grid.
Remember that at the end you should have a different letter of the alphabet in each of the numbered boxes 1- 26, and a word in English in each of the horizontal and vertical runs on the codeword grid.
“In life, as in chess, forethought wins.”
— Charles Buxton
States sue to keep Biden from ending Title 42 immigration rule
By CAMERON ARCAND THE CENTER SQUARE CONTRIBUTOR(The Center Square) – Arizona Attorney General Mark Brnovich, in concert with 18 other states, is asking the U.S. Supreme Court to prevent the Biden administration from ending Title 42 enforcement at the southern border.
Mr. Brnovich and Louisiana AG Jeff Landry “filed an emergency stay application” on Monday in a late attempt to keep the COVID-19 public health order in place. Title 42 allows for the quick removal of some foreign nationals who cross the southern border over pandemic-related health concerns.
“Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” the Republican said in a statement.
“Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000,” he added.
However, his office noted in a news release that a federal appeals court in Washington D.C. shot down a “similar request” on Friday to keep the policy in place.
Mr. Brnovich and Mr. Landry are joined by Missouri, Alabama, Alaska, Kansas, Kentucky, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Tennessee, Utah, Virginia, West Virginia and Wyoming in the application to the court.
“That termination of Title 42 will cause enormous challenges is thus a view shared even by Federal Respondents’ own lawyers and the Administration’s most ardent supporters,” the application states.
“And the idea that the States will not suffer substantial irreparable harm as a result of the imminent catastrophe that a termination of Title 42 will occasion is therefore fanciful. Indeed, a different district has squarely held otherwise,” it continues. The policy was intended to be temporary, but it has since become one of the main tools used by border authorities to mitigate the ongoing crisis. Democrats and Republicans alike have criticized the decision to scrap the policy.
If Title 42 is not ordered to continue, then it will end on Wednesday.
Border states such as Texas and Arizona have been preparing for a massive influx of border crossers if and when Title 42 ends.
Federal court halts plan to end Remain in Mexico Policy
By BETHANY BLANKLEY THE CENTER SQUARE CONTRIBUTOR(The Center Square) – The U.S. District Court for the Northern District of Texas has stayed a Biden administration rule terminating the Migrant Protection Protocols (MPP), otherwise known as the “Remainin-Mexico” program, requiring it to remain in effect.
The Trump administration created the MPP as a way to curtail illegal entry by requiring those making immigration claims to remain in Mexico as their cases make their way through the U.S. court system. In January 2021, the Biden administration first attempted to terminate it, and in April 2021, Texas and Missouri sued.
The case has a complex history, having gone from the U.S. District Court for the Northern District of Texas Amarillo Division to the Fifth Circuit Court of Appeals, which upheld the district court’s ruling, to the U.S. Supreme Court, which remanded the case back to the district court.
On Dec. 15, U.S. District Judge Matthew Kacsmaryk granted the request of Texas and Missouri and stayed a DHS Oct. 29, 2021, memoranda terminating the MPP. He also denied all requests for relief by the federal government, which is expected to appeal.
Judge Kacsmaryk also rejected all arguments made by the Biden administration, including that Department of Homeland Security
Secretary Alejandro Mayorkas’ memo was “agency discretion” not subject to judicial review or that the MPP fell outside of the jurisdiction of the Immigration Naturalization Act.
He issued the stay arguing the plaintiffs were likely to succeed on the merits of their case.
Texas Attorney General Ken Paxton said the ruling was a major victory after he “sued the administration nearly two years ago,” which has since “played games all the way to SCOTUS.”
Mr. Paxton tweeted, “Texas & USA WINS” as a result of the ruling and “[President] Biden’s openborder agenda won’t survive my legal attacks.”
In a statement, he said the administration’s policies were ushering in “tens of thousands of illegal aliens … crossing our border every single week, overwhelming our communities and making our state and nation less safe” as a result of “the Biden administration’s unwavering determination to get as many illegal aliens into this country as possible.”
“A key part of their open-borders agenda has been ending the Remain-in-Mexico program,” Mr. Paxton added. “But the law is not on their side. The court made the right decision here in protecting Remain-in-Mexico, and I look forward to fighting to make sure the program is secured indefinitely.”
Missouri Attorney General Eric Schmitt also pointed out key
arguments from the order in which Judge Kacsmaryk said, “Defendants fail to adequately consider costs to States and their reliance interests” and that Texas and Missouri “showed that there will be irreparable harm without preliminary relief.”
While the AGs maintain the ruling is a victory, law enforcement officers and Border Patrol agents argue it’s likely to do little to stop the surge at the southern border – especially since the Mexican government is transporting foreign nationals through Mexico to the Texas border, which Fox News reported last week.
Also last week, the Mexican National Immigration Institute announced that a massive migrant camp was being closed in the remote town of San Pedro Tapanatepec in the southern state of Oaxaca, after other large camps have been closed. This camp was opened six months ago to hold mostly Venezuelans and Nicaraguans who’d illegally entered Mexico to provide relief to the southern city of Tapachula at the Mexico-Guatemala border.
Roughly 50,000 people had passed through the camp in October alone, the Associated Press reported. It also reported that Mexico was issuing tens of thousands of temporary transit documents to enable them and other illegal foreign nationals to move north through Mexico. The Mexican government requires people illegally in Mexico to have temporary transit documents in
order to travel or work there without being arrested, law enforcement officers have explained to The Center Square.
With the Title 42 enforcement ending this week, a record 50,000 people a week are now being apprehended by Border Patrol agents at the southern border alone, The Center Square learned from a CBP briefing held with law enforcement on Monday.
A caravan of 44,000 people is currently en route to the U.S. southern border, The Center Square also learned.
The U.S. federal government has “delegated the authority” of who “remains in Mexico” to the Mexican government, a Border Patrol agent working in one of the busiest sectors in Texas told The Center Square on condition of anonymity for fear of losing his job.
“Mexico determines who will be allowed to return under this program based off of their country of origin, family unit status and age of children,” the agent said.
The agent also pointed out that “only 10-12 percent of those we apprehend claim asylum. The rest we either parole or NTA,” meaning release into the U.S. with a “Notice to Appear” to an immigration court. Many of the NTAs have no court or hearing date information, the agent said.
The agent asked The Center Square, “what is the state [Texas] going to do about the catch and release of the remaining 88% of those we apprehend?”
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Some question rule’s effectiveness as Mexican government transports foreign nationals to U.S. border