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Polluted Tijuana River gets more attention, but anxious residents want more urgency

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Polluted Tijuana River gets more attention, but anxious residents want more urgency

Rain is coming in south San Diego, which means higher water levels in the polluted Tijuana River — and, potentially, even worse air quality.

Now, residents worry that the home air filters newly provided by San Diego County won’t be enough to curb the noxious air from the rising river.

And despite increased federal and state attention in recent weeks, local officials and residents say that solutions are still elusive and distant in the wake of the November elections and Gov. Gavin Newsom’s refusal to declare a state of emergency over the situation.

Last month, Newsom visited the decrepit facilities at the South Bay International Wastewater Treatment Plant in San Diego and the refurbished San Antonio de los Buenos plant in Baja California for the first time.

After years of deferred maintenance, the plant in San Diego received an additional $103 million in the 2024 federal budget for repairs that will take years. The Baja plant is expected to start processing sewage soon, and once both plants are online and fully operational, sewage flows are expected to be reduced by 90% when combined with other measures.

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Other federal agencies are also investigating the health concerns of nearby residents who have been suffering respiratory illnesses and unexplained stomach bugs. The Centers for Disease Control and Prevention arrived last month to conduct a health survey. Local officials and more than 500 residents have signed a petition asking the Environmental Protection Agency to declare the river a Superfund site and look into the presence of hazardous waste in the riverbed.

“Thanks to our partnership with international, federal, and local partners, we are making real progress,” Newsom said in a statement last month after his visit.

For its part, the county Board of Supervisors voted last month to purchase $2.7 million worth of air purifiers for residents, with the money ultimately coming from the California Air Resources Board.

Unanswered calls for a state of emergency

Some critics argue that the politicians haven’t acted with the necessary sense of urgency. Newsom met with Baja Gov. Marina del Pilar Ávila Olmeda, San Diego County Supervisor Nora Vargas and the International Boundary Waste and Water Commission, but local officials and residents felt snubbed.

“It feels like it was just a photo op,” said Marcus Bush, a council member for National City and a member of the Air Pollution Control District who signed the petition to the EPA. No San Diego County mayors or media outlets were invited to Newsom’s news briefing; when asked, the governor’s office offered no explanation.

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“I would like to give our governor the benefit of the doubt,” Bush said, but added, “Why aren’t you taking calls or info?” He wondered aloud whether Newsom was dodging questions about his refusal to declare a state of emergency for the region.

Gov. Gavin Newsom, in blue shirt, meets with officials in San Diego on Oct. 28, 2024.

(Courtesy of Supervisor Nora Vargas)

All 18 San Diego County mayors signed a letter this year asking Newsom to declare a state of emergency. The California Coastal Commission also voted unanimously to ask the Biden administration to declare a federal state of emergency, but under federal law, such requests must come from the governor. Newsom has rebuffed those entreaties, and the White House seems no closer to making any significant moves forward.

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In letters addressing the California Coastal Commission and mayors of San Diego County, Newsom’s office asserted that declaring a federal state of emergency would not accelerate the repairs needed at the sewage plant. The office also said that it did not consider the situation at the river to fit the definition of a natural disaster under federal law.

Residents have argued that a state of emergency could bring the U.S. Army Corps of Engineers to clean up and divert the river. Last year, heavy rainstorms washed into the river thousands of tons of debris that took nearly five months to clear and broke several pumps in the sewage system. Some have asked for more efficient trash skimmers that could help prevent waste from clogging the treatment plant.

“Everyone agrees that raw sewage in a river is an environmental and health emergency in crisis, but [Newsom and Vargas] are also actively doing things that undermine the emergency,” Bush said.

The Superfund split

Muddying matters further, the county supervisors voted last month to delay consideration of a petition asking the EPA to declare the river a Superfund site. Vargas, who represents the south San Diego district most affected by the noxious odors, voted in favor of the delay.

The petition was introduced by Supervisor Terra Lawson-Remer, who represents the area along the coast just north of the Tijuana River’s mouth. After the vote, Lawson-Remer joined other local officials to file the petition anyway.

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“I moved forward because I think it’s urgent,” she said in an interview. It “would be nice for the Board of Supervisors as a whole to act, but it’s not necessary.”

In the board meeting last month, Lawson-Remer said she was concerned about more pollutants in the river than just sewage. Toxic chemicals and heavy metals have been detected that could be leaching into the sediment — something local officials are not equipped to clean up on their own. A petition is the first step in a lengthy process that could take years, even if the EPA decides the river is eligible for a Superfund designation.

Vargas did not agree to be interviewed. But in the Board Meeting and in public statements, she cited concerns that moving too hastily to petition the EPA could negatively affect property values and local businesses.

The Voice of San Diego news site reported that Vargas voted against the EPA petition out of concern that a Superfund designation could halt her project to clean up the South Bay to create parks for underserved communities.

“I support the spirit of this board letter,” Vargas said last month. But “this has the potential to delay local efforts already in progress and negatively affect the limited recreational space that we already have in South County.”

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The board voted voted 3 to 2 to extend consideration of the petition by 90 days and have the county gather feedback and information.

Lawson-Remer said the reasons Vargas cited for the delay don’t hold water. “The health of our families and health of our children is by far the No. 1 concern,” she said. “Property values are secondary.”

An uncertain future

Imperial Beach Mayor Paloma Aguirre has been to the White House twice to speak with Brenda Mallory, the chair of President Biden’s Council on Environmental Quality, to ask for assistance. She plans to make one last plea in person next month.

President-elect Donald Trump previously authorized $300 million to stop the cross-border pollution as part of the U.S-Mexico-Canada trade agreement in 2020. But Trump’s vow to cut federal budgets when he takes office in 2025 has Aguirre concerned about a reduction in disaster relief funding. Lee Zeldin, Trump’s choice to lead the EPA, is also expected to scale back regulations.

“If he dismantles the EPA … good luck to all of us, because I don’t know what the strategy will be,” Aguirre said.

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A damaged local economy

Meanwhile, residents say that the pollution has already hurt the local economy. Visitors to Imperial Beach have steadily fallen with beach closures due to the contamination, according to numbers provided by the mayor’s office — to just under 700,000 in 2023 from 2.1 million in 2018.

Local restaurateur Gabriel Uribe has run Baja Oyster and Sushi Bar for 25 years in Imperial Beach, a few miles from his ranch, where he also hosts outdoor parties for quinceaneras and graduations.

Guests have left Uribe’s parties early because the air reeks of rotten eggs, he said, and the air filters from the county won’t solve all his problems. “That is like just a Band-Aid on a wound that needs stitching,” he added.

Uribe, who signed the EPA petition, worries that his property’s value could be affected if a Superfund site is declared, or even that his property could be taken through eminent domain. But he wants officials to act urgently to address his health concerns.

“My chest is wheezing. I have an irregular heartbeat,” said Uribe, who’s gone to the emergency room because he couldn’t breathe.

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Deborah Vance, who runs a real estate agency in Imperial Beach, said her business has already been affected by the pollution as prospective buyers have been unwilling to purchase property in the city. She struggled to sell four listings in Imperial Beach this last year, a slowdown that had been unheard of in the past.

“It’s beyond impactful,” she said of the pollution. All of the agents who worked with her, she added, have quit or moved on. “It’s devastating.”

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.

The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.

The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.

The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.

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PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS

The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)

Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.

But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.

“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.

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Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.

The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.

Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)

Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.

The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.

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“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.

The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”

ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES

Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)

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Raoul and his staff are reviewing the DOJ’s complaint.

“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”

The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.

The Associated Press contributed to this report.

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.

Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.

The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.

In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.

The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”

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That phrase turned out to be crucial.

Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.

“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.

That standard will rarely be met, the court added.

“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.

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“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.

Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.

Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.

Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.

Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”

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California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.

“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”

The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.

But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.

Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”

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The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.

Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.

By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.

Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.

“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.

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Illinois state lawyers disputed the administration’s account.

“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.

The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”

But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”

Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.

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A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.

His brief prompted the court to ask both sides to explain their view of the disputed provision.

Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.

If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.

State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.

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Video: Trump Announces Construction of New Warships

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Video: Trump Announces Construction of New Warships

new video loaded: Trump Announces Construction of New Warships

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Trump Announces Construction of New Warships

President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.

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President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

By Nailah Morgan

December 23, 2025

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