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CA sues Trump administration over ‘birthright’ order

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CA sues Trump administration over ‘birthright’ order


From CalMatters criminal justice reporter Nigel Duara:

Resistance state Round 2 officially began Tuesday when California filed its first lawsuit against the new Donald Trump administration.

Eighteen states, including California, filed a lawsuit in federal court, challenging an executive order by Trump that would revoke the right of guaranteed citizenship to anyone born in the country. 

  • California Attorney General Rob Bonta, at a Tuesday press conference: “I am deeply disappointed that we’re here, and also not at all surprised. This isn’t some theoretical legal disagreement. It would strip Americans of their most basic rights.” 

Bonta and the other attorneys general are asking the court for an immediate injunction to stop the order from taking effect on Feb. 19 while they litigate the case in United States District Court for the District of Massachusetts. 

The attorneys general sued on grounds that the order violates the Fourteenth Amendment and the Immigration and Nationality Act by denying birthright citizenship to children born in the U.S.

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“Under the order, such children born after February 19, 2025 — who would have been unquestionably deemed citizens had they been born two days ago — will lack any legal status in the eyes of the federal government,” the lawsuit asserts. “They will all be deportable, and many will be stateless. They will lose the ability to access myriad federal services that are available to their fellow Americans.”

The order would also affect how, and whether, states can provide health care to low-income children who would be denied citizenship, the lawsuit alleges. In California, that’s Medi-Cal, California’s Medicaid program and the federal Children’s Health Insurance Program.

The executive order asserts that undocumented people are not “subject to the jurisdiction” of the U.S., and therefore not protected by the Fourteenth Amendment. 

Daniel Farber, faculty director of UC Berkeley Law’s Center for Law, Energy, and the Environment, said the Trump administration’s argument likely faces long odds in court. 

  • Farber: “I think there’s virtually no support among experts for the view that people who are born in the U.S. and whose parents aren’t lawfully in the country are somehow not subject to the jurisdiction of the United States.”

Lawsuit tracker: With Trump’s term underway, CalMatters is tracking the lawsuits California is filing against the administration. Check it out here.



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Amid angry backlash, serial child molester is rearrested the same day he was set to be paroled

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Amid angry backlash, serial child molester is rearrested the same day he was set to be paroled


Following major backlash about the scheduled release of a serial child molester through California’s elderly parole program, the 64-year-old is now facing new charges that could keep him behind bars.

News that David Allen Funston was set to be freed was met by outrage among victims, politicians and others. The former Sacramento County district attorney who prosecuted Funston said she was strongly opposed to his release: “This is one I’m screaming about.”

Funston, granted parole earlier this month, was set to be released on Thursday from state prison — but was rearrested that same day on new charges from a decades-old, untried case. The charges he’s facing are from a 1996 case in which he is accused of sexually assaulting a child in Roseville, according to the Placer County district attorney’s office.

In 1999, he was convicted of 16 counts of kidnapping and child molestation and had been serving three consecutive sentences of 25 years to life and one sentence of 20 years and eight months at the California Institution for Men in Chino. The sentences followed a string of cases out of Sacramento County in which prosecutors said Funston lured children under the age of 7 with candy and, in at least one case, a Barbie doll to kidnap and sexually assault them, often under the threat of violence.

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He was described by a judge at his sentencing hearing as “the monster parents fear the most.”

Prosecutors in Placer County, at the time, decided not to pursue the case against Funston in Roseville given the severity of the sentences he received in Sacramento County.

But given his scheduled release from state prison, prosecutors decided to file new charges against him. Placer County Dist. Atty. Morgan Gire said “changes in state law and recent parole board failures” led to his improper release.

“This individual was previously sentenced to multiple life terms for extremely heinous crimes,” Gire said in a statement. “When changes in the law put our communities at risk, it is our duty to re-evaluate those cases and act accordingly. David Allen Funston committed very real crimes against a Placer County child, and the statute of limitations allows us to hold him accountable for those crimes.”

He is now being held without bail in the Placer County jail, booked on suspicion of lewd and lascivious acts against a child, according to prosecutors. Funston’s attorney, Maya Emig, said she had only recently learned about his arrest and hadn’t yet had time to fully review the matter.

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But she noted that she believes “in the justice system and the rule of law.”

Emig called the Board of Parole Hearings’ decision to grant Funston elderly parole “lawful and just.”

California’s elderly parole program generally considers the release of prisoners who are older than 50 and have been incarcerated for at least 20 continuous years, considering whether someone poses an unreasonable risk to public safety.

In Funston’s case, commissioners said they did not believe Funston posed a significant danger because of the extensive self-help, therapy work and sex offender treatment classes he completed, as well as his detailed plan to avoid repeating his crimes, the remorse he expressed and his track record of good behavior in prison, according to a transcript from the Sept. 24 hearing.

At the hearing, Funston called himself a “selfish coward” for victimizing young children, and said he was “disgusted and ashamed of my behavior and have great remorse for the harm I caused my victims, their families in the community of Sacramento.”

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“I’m truly sorry,” he said.

But victims of his crimes, as well as prosecutors and elected leaders have questioned the parole decision and called for its reversal.

“He’s one sick individual,” a victim of Funston’s violence told The Times. “What if he gets out and and tries to find his old victims and wants to kill us?”

A spokesperson for Gov. Gavin Newsom said the governor also did not agree with Funston’s release and had asked the board to review the case. However, Newsom has no authority to overturn the parole decision.

Some state lawmakers also cited Funston’s case as evidence that California’s elderly parole program needs reform, recently introducing a bill that would exclude people convicted of sexual crimes from being considered by the process.

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Video shows skier dangling from chairlift at California ski resort

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Video shows skier dangling from chairlift at California ski resort


Thursday, February 26, 2026 7:21PM

Skier dangles from ski lift in Big Bear, video shows

BIG BEAR, Calif. — Stunning video shows a skier in Southern California hanging off a ski lift in Big Bear as two others held her by her arms.

The incident happened Tuesday. Additional details about the incident were not available.

At last check, the video had been viewed more than 13 million times on Instagram.

It appears the skier made it to the unloading area unscathed, thanks to her ski lift buddies.

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PPIC Statewide Survey: Californians and Their Government

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PPIC Statewide Survey: Californians and Their Government


Key findings of the survey include: Five candidates for governor are in a virtual tie heading into the June primary, with affordability emerging as a key issue. Amid concerns about the state budget, solid majorities of likely voters support raising taxes on the wealthiest Californians. Democrats are more enthusiastic than other partisan groups when it comes to voting in congressional elections this year.



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