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Reparations bill, amid headwinds, could skirt California’s affirmative action ban

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Reparations bill, amid headwinds, could skirt California’s affirmative action ban


With diversity programs under full assault by the Trump administration, California lawmakers are considering a measure that would allow state colleges to consider whether applicants are descendants of African Americans who were enslaved in the United States.

The bill, which would probably face a legal challenge if passed, is part of a package of 15 reparations bills supported by the California Legislative Black Caucus being considered in the current legislative session.

Assembly Bill 7, introduced by Assemblymember Isaac G. Bryan (D-Los Angeles), if passed, could potentially skirt around the state’s ban on affirmative action. California voters in 1996 approved a state ballot measure, Proposition 209, that bars colleges from considering race, sex, ethnicity, color or national origin in admissions under Proposition 209. The U.S. Supreme Court in 2023 also ruled those programs were unconstitutional.

Bryan, however, says his has nothing to do with race and doesn’t use the terms “Black” or “African American” in its text.

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“Descendants of people who are enslaved could identify in a variety of racial ways, and then phenotypically even present in different ways than they racially identify,” he said in an interview with The Times. “But if your ancestors were enslaved in this country, then there’s a direct lineage-based tie to harms that were inflicted during enslavement and in the after lives thereafter.”

The bill, and others in the reparations package, had seen widespread support within the Legislature’s Democratic supermajority and are representative of California’s values, Bryan said.

“I think California is quite clear where it positions itself in this moment, and that is in the support of all people, recognizing the harms of the past and trying to build a future that includes everybody. And if that appears in conflict with the federal government, I think that has more to do with the way the government is posturing than who we are as Californians,” he said.

Last year, when only 10 of 14 bills in the reparations package passed through the Legislature, reform advocates felt the efforts were lackluster. Lawmakers believed it was a foundation they could build upon, Assemblymember Lori D. Wilson (D-Suisun City) said in September.

AB 7’s focus on lineage, said Taifha Alexander, a professor at UCLA and expert in critical race theory, could face legal trouble if a judge believed it used lineage as a proxy for race. It could be ruled unconstitutionally discriminatory under the 14th Amendment.

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A separate reparations bill, however, could help offer a legal definition to separate race from lineage. Senate Bill 518 would create a state bureau for descendants of American slavery. The state agency would verify a person’s status as a descendant and help applicants access benefits.

Comprehensive reparation legislation isn’t a novel idea and has been enacted before, Alexander said. In the Civil Liberties Act of 1988, the federal government formally apologized to Japanese Americans for their illegal incarceration in detention camps during World War II, and included a one-time payment of $20,000 to survivors.

Reparations — in the form of cash payments — fell flat with voters when last polled by the UC Berkeley Institute of Governmental Studies and co-sponsored by The Times in 2023. More than 4 in 10 California voters “strongly” opposed cash payments and 59% opposed the idea, with 28% in support. None of the bills currently before the Legislature includes cash reparations.

Other forms of reparations, such as a change to the college admissions process and social programs, are still valid ways to address inequities, Alexander said.

But a bill like AB 7, which looks to circumvent existing law, could face headwinds from the public who could see it as unfair, she said.

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With the outcome of the 2023 Supreme Court case which banned college admissions processes from using race, she said the policy was unlikely to be popular.

Opponents argue the bill’s distinction between race and ancestry is not enough to survive judicial review, and believe a court will find lineage to be a proxy for race to circumvent the ban.

“Suppose, instead, that a state passed a law making university admission more difficult for descendants of American slavery. Would anyone argue that such a law should be upheld? Of course not,” Edward Blum, president of Students for Fair Admissions and the lawyer who argued and won the case to ban affirmative action, said in a statement to The Times.

“It would be struck down immediately as unconstitutional racial discrimination. That hypothetical reveals the core defect of AB 7 — it makes a race-linked classification under the guise of ancestry and will not withstand judicial review. If enacted, this legislation will face a swift and vigorous legal challenge in federal court and be struck down. It takes Herculean stupidity to believe otherwise,” Blum wrote.

Other bills still working through the legislative process include measures that would set aside home purchase assistance funds for descendants of American slavery that are buying their first homes and direct state agencies to address mortgage lending discrimination.

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The reparations legislation that has failed to advance includes a proposed state constitutional amendment that would have banned prisons from requiring inmates to work, which some consider state-sanctioned slavery or indentured servitude.



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Big Boy: World’s largest locomotive embarks on California tour

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Big Boy: World’s largest locomotive embarks on California tour


(KTXL) — Northern California residents will have an opportunity to see the world’s largest steam locomotive when Union Pacific’s “Big Boy” makes numerous stops in the state over the next several days.

Big Boy No. 4014 is in the middle of a coast-to-coast tour that will take the train from California to Pennsylvania in celebration of the 250th anniversary of the United States. The train began the journey last month in Cheyenne, Wyoming, the locomotive’s home base, and arrived in Portola, California on Wednesday.

After stops in Oroville, Marysville and Lincoln Thursday, Big Boy will arrive for a multi-day stay in Roseville, California.

“We’re proud to welcome the Big Boy back to Roseville, a city that owes its founding more than a century ago to the railroad,” Roseville Mayor Krista Bernasconi said in a news release. “Big Boy’s return isn’t just a nod to our past; it brings visitors from across the region to explore the shopping, dining, events and attractions that make Roseville such a vibrant place to be.”

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The train will be on public display at 375 Atlantic Street in Roseville for two days: 1-5 p.m. on April 10 and 9 a.m. to 3 p.m. on April 11.

While in the Golden State, the train will also make brief “whistle-stops” in several other area towns:

  • Oroville, April 9, 2-2:30 p.m., 2181 High Street
  • Marysville, April 9, 3:30-3:45 p.m., 7th Street Crossing
  • Lincoln, April 9, 4:30-4:45 p.m., 7th Street Crossing
  • Colfax, April 12, noon-12:45 p.m., Amtrak Depot, 99 Railroad Street
  • Truckee, April 12, 4:45-5 p.m., 10065 Donner Pass Road

Admission is free, though Union Pacific warns that guests should always stay 25 feet back from the tracks and never climb on the locomotive.

U.S. Labor Secretary Lori Chavez-DeRemer, former Oregon congresswoman who now serves in President Donald Trump’s administration, will be in town to celebrate the visit. The cabinet member plans to talk with the Big Boy’s “steam team” and learn more about the locomotive, officials said.

Union Pacific’s No. 4014 Big Boy makes a stop in Hempstead, Texas, on Oct. 4, 2024. (Jason Fochtman/Houston Chronicle via Getty Images)

Big Boy No. 4014 was one of 25 locomotives commissioned for Union Pacific Railroad beginning in 1941. According to the company, they were built to haul heavy equipment during World War II between Ogden, Utah and Cheyenne, Wyoming.

The locomotives are 133 feet long and weigh 1.2 million pounds. They are “hinged,” which helps the huge trains navigate curves.

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The Big Boys were eventually decommissioned, including the retirement of No. 4014 in December 1961 after traveling more than a million miles, according to Union Pacific.

But in 2013, the company reacquired the locomotive from a museum in Pomona, California. And in May 2019, Big Boy No. 4014 was returned to service, celebrating the 150th anniversary of the completion of the Transcontinental Railroad.



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California Candidate Offers Donors Money-Back Guarantee

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California Candidate Offers Donors Money-Back Guarantee


Matt Mahan wants money to burn.
Photo: Casey Flanigan/Sipa USA/AP Photo

Finding new ways to raise money for political campaigns is a big cottage industry, particularly in California with its 14 expensive media markets. Now a novel wrinkle is being deployed by gubernatorial candidate and San Jose mayor Matt Mahan, as the New York Times explains:

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Two months ago, Silicon Valley could not have been more agog about Matt Mahan, the moderate Democrat who had just entered the California governor’s race as a tech industry ally opposed to a billionaires’ tax …

Mr. Mahan quickly raised millions, including contributions from Sergey Brin, the Google co-founder. But he has struggled to gain traction among voters. Now, with the June primary fast approaching, Mr. Mahan’s supporters have concocted a rather unusual campaign-finance strategy.

The pitch: Help us raise $35 million by April 17, and you’ll get your money back if we fall short.

No, donors aren’t being promised a win or a refund. But they will get their money back if Mahan doesn’t raise enough money to become viable in the home stretch before mail ballots start being cast in early May (the end of the all-by-mail primary is June 3, the date by which those ballots must be postmarked). The conditional nature of these donations, moreover, means they will be anonymous until such time as Team Mahan hits the target and the money is transferred into an official campaign account. It provides a nice hedging device for big-money folk nervous about the fragile shape of the ten-candidate field that is vying for two general-election slots. And the cup-rattling is off to a pretty good start, says the Times:

The campaign is organized by David Crane, an influential California political fixer whose advocacy group, Govern for California, is popular among tech executives. Mr. Crane has told people in recent days that the group’s “escrow” account has $13.5 million so far with $5 million more in the pipeline, according to communications The Times reviewed. Donors pitching it include Michael Moritz, a billionaire venture capitalist and one of Mr. Mahan’s biggest supporters, and Blake Byers, a tech executive and investor.

Mahan’s money hustlers are his campaign’s strength and also one of his weaknesses. California progressives are intensely suspicious of the Silicon Valley bros who have been moving rapidly to the right in the last few years. Some have joined hands with Donald Trump and others have gravitated to “Abundance” Democrats, like Mahan, who have little tolerance for his party’s interest-and-constituency-group “base” and its policy preferences. If Mahan’s campaign did take off, it might stimulate a consolidation of support behind one of the more progressive candidates (probably Eric Swalwell, Katie Porter, or Tom Steyer). That’s particularly true now that Trump’s endorsement of Republican Steve Hilton has likely limited the number of Democratic participants in the general election to one.

For the moment, any Mahan surge is hypothetical. His late entry into the race at the end of January means he wasn’t even being included in early polls. The one public poll where he does appear, a March 15 survey from Berkeley IGS, showed him tied for seventh place at 4 percent. Yes, he needs money to catch up, but he also needs a compelling message that goes beyond “lefties hate me!” Said lefties would undoubtedly shrug and support Mahan if he is in a general election with Hilton. But they have plenty of other options — at least one of whom, Steyer, has more money to burn than Mahan can ever raise — before it comes to that.

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Attorney disputes federal claims after ICE shooting in California; family seeks medical update

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Attorney disputes federal claims after ICE shooting in California; family seeks medical update


The attorney for the man shot by U.S. Immigration and Customs Enforcement agents in Patterson is disputing federal claims and raising questions about what led up to the shooting, and what’s happening now at the hospital.

Carlos Ivan Mendoza Hernandez’s fiancée and attorney say they still don’t know his condition and are struggling to get basic information from authorities.

They’re also disputing ICE’s version of events and point to court documents that they say tell a very different story.

“I have a lot of concern right now about getting info, finding out how is he doing, is he alive, is he recovering and what is his situation,” said Patrick Kolasinski, Hernandez’s attorney.

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Dashcam video captured the moments Tuesday morning when Hernandez tried to pull away from agents who were attempting to arrest him as ICE said he is wanted for questioning in El Salvador in connection with a murder. Kolasinski speculated that his reaction may have been driven by fear.

“I wasn’t with him, I can only imagine if you see what’s happening in immigration detention and find yourself about to be detained,” Kolasinski said. “It’s normal to try and flee.”

ICE claims Hernandez is a member of the 18th Street gang and is wanted in El Salvador. But his attorney says none of that is true. 

“Carlos is a family man who was on his way to work when he was detained by ICE. He has had no criminal contacts in the United States,” Kolasinski said.

Court documents from 2019 show Hernandez was charged with aggravated homicide, which was later reduced to simple homicide. The court documents also shows Hernandez was found not guilty.

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“He was, in fact, acquitted, so he cannot possibly have a warrant out for his arrest,” Kolasinski said.

CBS Sacramento reached out to ICE regarding the court document from El Salvador, but has yet to hear back.

“I think the problem is the training,” Kolasinski said. “You have a not dangerous person and when they try to flee. First of all, the car was way too far behind. When you do a traffic stop, you pull up close behind. If you’ve ever gotten a ticket, you’ll see CHP is on your bumper. Why? So this can’t happen.”

Hernandez’s attorney and his fiancée both say they’re now struggling to get basic information.

“Sheriff’s office, no one, no one responded to me, being searching for answers,” said Cindy, Hernandez’s fiancée.

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Cindy said she didn’t hear from the authorities first, but from her sister. After arriving at the hospital, she said an FBI agent took her into a room.

“He said, ‘I’m going to record you because I need to have this recorded, right?’ So I was expecting him to talk to me about Carlos. I literally asked how he’s doing, is he’s in the hospital. He said, ‘I cannot share any information. I’m not authorized.’”

CBS Sacramento reached out to the FBI and is awaiting a response. 

As they wait for answers, she said this goes beyond just one case.

“Right now it’s me and that’s the reason I’m here. I’m also representing our community,” Cindy said. “I don’t want this situation to continue and continue blaming these people, in this case, Carlos.”

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Right now, his family and his attorney say they’re still attempting to find out his condition. 

Kolasinski said Wednesday evening that Hernandez is detained under the U.S. attorney’s office. Kolasinski added that Hernandez underwent a medical procedure, but the family doesn’t know his condition. 



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