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Attorney General Issues Bulletin to Law Enforcement on Federal Immigration Detainers

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SAN FRANCISCO:(VVNG.com)- Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies that provides updated information on their responsibilities and potential liability for complying with Immigration and Customs Enforcement (ICE) federal detainer requests for undocumented immigrants. The updated bulletin informs state and local law enforcement agencies of new requirements they face since enactment of the Transparency and Responsibility Using State Tool Act (TRUST Act) and new federal case law that creates legal risk for local law enforcement agencies that voluntarily comply with federal detainer requests.

“When local law enforcement officials are seen as de facto immigration enforcers, it erodes the trust between our peace officers and the communities they serve,” Attorney General Harris said. “Federal immigration detainers are voluntary and this bulletin supports the TRUST Act and law enforcement leaders’ discretion to utilize resources in the manner that best serves their communities.”

In December 2012, Attorney General Harris issued an information bulletin titled, “Responsibility of Local Law Enforcement Agencies under Secure Communities”, which clarified that federal immigration detainers issued under the Secure Communities program are not mandatory, but are merely requests enforceable at the discretion of the state and local agency. Since enactment of the TRUST Act and issuance of new federal case law, law enforcement agencies face additional limits in their discretion and possible liability when complying with federal immigration holds. Attorney General Harris issued the updated bulletin to clarify the factors that local law enforcement agencies should consider when they receive detainer requests.

The TRUST Act requires that continued detention under Immigration and Custom Enforcement (ICE) agency detainers must meet conditions laid out in state law. First, continued detention by state and local law enforcement agencies must “not violate any federal, state, or local law, or any local policy,” and second, the detainee’s criminal history must include serious or violent crimes, federal charges, or inclusion in the California Sex and Arson Registry among other conviction criteria. Only if both of these conditions are met, then local law enforcement may continue to detain the individual.

Additionally, the bulletin confirms that ICE immigration detainer requests are not mandatory as stated by recent court rulings and correspondence from ICE’s Acting Director.

The information bulletin also informs state and local law enforcement agencies of potential legal liabilities that they may face when voluntarily complying with federal detainer requests. Citing a recent federal district court ruling in the District of Oregon in Miranda-Olivares v. Clackamas Co., the bulletin informs California law enforcement agencies “that because compliance with an ICE detainer is voluntary, a local agency could violate the Fourth Amendment by detaining an individual solely based on the request of ICE, without some other probable cause for arrest.” The bulletin notes that if a California court adopts the reasoning of the district court in Miranda-Olivares, local jurisdictions could be held liable for damages for such an unlawful detention.

The bulletin also clarifies that the TRUST Act and new federal case law only address discretion to detain individuals and not a law enforcement agency’s discretion to otherwise cooperate with federal immigration officials.

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At least 3 killed, 3 airlifted in 15 freeway crash near Baker

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BAKER, Calif. (VVNG.com) – At least three people have been confirmed killed, and three others were airlifted from a crash that shut down a stretch of 15 freeway Saturday evening.

It happened just after 7 p.m. on the northbound I-15 near Baker after an SUV crashed into the back of a semi truck and caught fire.

When firefighters arrived on scene they located the vehicle fully involved in fire with an unknown amount occupants still trapped inside.

Scanner traffic indicated that the fire quickly spread from the SUV to the semi truck, which was described as a 53-foot general cargo truck loaded with clothing.

Scanner traffic also indicated that three helicopters landed on the freeway to transport a 15-year-old, a child, and the child’s mother to Las Vegas University Medical Center.

In all, 1 person sustained critical injuries, 3 others sustained moderate injuries, and at least 3 people were pronounced deceased onscene with a possible fourth person still in the wreckage, scanner traffic reported.

Firefighters had a knock-down of the fire at about 9:45 p.m.

The identification of the deceased is not expected to be released until next-of-kin has been notified.

Officers from the CHP Barstow Station are handling the investigation into the cause of the accident.

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Motorcycle crash shuts down 15 Freeway in Hesperia

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HESPERIA, Calif. (VVNG.com) — A motorcycle crash briefly shut down the 15 freeway Saturday afternoon in Hesperia.

The crash was reported at 6:10 p.m., August 8th, 2020, on the northbound 15 Freeway between Oak Hill Road and Ranchero Road.

According to the California Highway Patrol incident logs, a motorcycle rider was struck by a vehicle.

The impact sent the bike into the right hand shoulder of northbound 15 freeway and the rider into the center divider.

CHP logs reported that at least 8 motorcycles pulled into the center divider while 15-20 motorcycle riders stopped in lanes of traffic after the crash.

Northbound and southbound traffic of the 15 freeway was briefly stopped while a helicopter landed on scene.

The motorcycle rider was airlifted to Loma Linda University Medical Center in critical condition.

There were no other injuries reported. The freeway was reopened at 6:45 p.m.

The cause of the crash is currently under investigation. This is a developing story with no further details currently available.

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Man arrested for the murder of his 30-year-old son in Victorville

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Deputies responded to a shooting in the 16700 block of Yucca Ave. (Hugo C. Valdez, VVNG.com)

VICTORVILLE, Calif. (VVNG.com) — A 49-year-old Victorville man was arrested for the murder of his son, officials said.

At about 10:00 PM on Friday, August 7, 2020, deputies responded to the 16700 block Yucca Avenue regarding to 911 calls of gunshots heard near an apartment complex, officials said.

Deputies from the Victorville Police Department arrived and detained a male, identified as Clyde Buschbaum Sr., outside of the complex.

Deputies quickly located an unresponsive male victim, outside of the apartment, suffering from gunshot wounds. The victim, identified as Clyde Buschbaum Jr., was pronounced deceased at the scene, officials said.

Homicide Detectives responded to conduct the investigation and determined there was an altercation between Clyde Jr. and his father, Clyde Sr.

“At some point during the altercation, Clyde Sr. shot and killed his son outside of the apartment,” stated sheriff’s officials.

Clyde Buschbaum Sr. was arrested and booked at High Desert Detention Center for murder.

The investigation is ongoing and anyone with information is asked to contact Detective Michelle Del Rio, Specialized Investigations Division – Homicide Detail at (909)387-3589. Callers can remain anonymous and contact WeTip at 800-78CRIME or www.wetip.com

Clyde Buschbaum Sr., 49, was arrested for the murder of his son in Victorville. (Hugo C. Valdez, VVNG.com)
Clyde Buschbaum Sr., 49, was arrested for the murder of his son in Victorville. (Hugo C. Valdez, VVNG.com)

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