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Court: US can reject asylum along parts of Mexico border

HOUSTON (AP) — A federal appeals court on Friday cleared the way for the U.S. government to forbid Central American immigrants from seeking asylum at the two busiest stretches of the southern border in a partial legal victory for the Trump administration.

In June, migrants who crossed the Rio Grande near McAllen, TX, surrender to U.S. Border Patrol agents. From here, they will be transported to a processing center.- photo courtesy U.S. Customs and Border Patrol

The ruling from the 9th U.S. Circuit Court of Appeals allows President Donald Trump to enforce the policy in New Mexico and Texas, rejecting asylum seekers who cross from Mexico into either state. Under Friday’s ruling, U.S. District Judge Jon Tigar’s July 24 order stopping the policy would apply only in California and Arizona, which are covered by the 9th Circuit.

The two busiest areas for unauthorized border crossings are in South Texas’ Rio Grande Valley and the region around El Paso, Texas, which includes New Mexico. Nearly 50,000 people in July crossed the U.S. border without permission in those two regions, according to the U.S. Border Patrol.

The policy would deny asylum to anyone who passes through another country on the way to the U.S. without seeking protection there. Most crossing the southern border are Central Americans fleeing violence and poverty, who would largely be ineligible. The policy would also apply to people from Africa, Asia, and South America who come to the southern border to request asylum.

If the policy is implemented, ineligible migrants who cross in New Mexico and Texas could be detained and more quickly deported. The U.S. Department of Homeland Security did not immediately respond to a request for comment Friday.

Under American law, people can request asylum when they arrive in the U.S. regardless of how they enter. The law makes an exception for those who have come through a country considered to be “safe” pursuant to an agreement between the U.S. and that country.

Canada and the U.S. have a “safe third country” agreement. But the U.S. doesn’t have one with Mexico or countries in Central America. The Trump administration has tried to sign one with Guatemala, but the country’s incoming president said this weekthat Guatemala would not be able to uphold a tentative deal reached by his predecessor.

The U.S. government is already turning away many asylum seekers at the southern border.

About 30,000 people have been returned to Mexico to await asylum hearings under the government’s Migrant Protection Protocols program. Tens of thousands of others are waiting in shelters and camps to present themselves to U.S. border agents at official ports of entry that have strict daily limits on asylum seekers.

Mexico’s asylum system is itself overwhelmed, and there are widespread reports of migrants being attacked and extorted . Border cities across from New Mexico and Texas include Juarez, Nuevo Laredo, and Reynosa, all of which are well-known for their violence and gang presence.

Tigar had ruled the policy could expose migrants to violence and abuse, deny their rights under international law, and return them to countries they were fleeing.

The appeals court ruled that Tigar’s order hadn’t considered whether a nationwide order was necessary and that there wasn’t enough evidence presented yet to conclude that it was. The court instructed Tigar to “further develop the record in support of a preliminary injunction” extending nationwide.

Judges Mark Bennett and Milan Smith voted to limit Tigar’s order. Judge A. Wallace Tashima dissented.

Tigar is a nominee of former President Barack Obama. Trump previously derided Tigar as an “Obama judge” after Tigar ruled against another set of asylum restrictions last year. That comment led to an unusual rebuke from Chief Justice John Roberts, who said the judiciary did not have “Obama judges or Clinton judges.”

Trump nominated Bennett, while Smith was nominated by former President George W. Bush. Tashima was nominated by former President Bill Clinton.

The American Civil Liberties Union and other legal groups sued the Trump administration after it announced the restrictions last month.

“We will continue fighting to end the ban entirely and permanently,” said Lee Gelernt, a lawyer for the ACLU.

The Department of Justice declined to comment.

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KHP: Driver distracted by cell phone in fatal rear-end crash

BARTON COUNTY — One person died in an accident just before 5:30p.m. Friday in Barton County.

The Kansas Highway Patrol reported a 2001 Dodge Ram driven by Ashley Bowles, 25, Great Bend was eastbound on U.S. 281 one mile north of Hoisington.

The driver was distracted by cellphone and rear-ended a 1999 Buick LeSabre driven by Lee Depperschmidt, 84, Rush Center, who was stopped waiting to make a left turn into private driveway.

EMS transported a passenger in the Buick Ida John, 78, Lincoln, California. to the hospital in Hoisington where she died. Depperschmidt was transported to a Wichita hospital. Bowles was not injured. All three were properly restrained at the time of the accident, according to the KHP.

Free child development screenings Aug. 23

If you have a concern your child may have a developmental delay or be in need of special education services, call for a free developmental screening with the Hays Interagency Coordination Council on Aug. 23.

Children from ages birth to school age who live in Ellis or Rush counties are eligible to be screened.

Speech, language, vision, hearing, thinking, self-help, behavior and motor development will be checked.

The developmental screenings will be held Friday, Aug. 23. Call 785-625-3257 to set up a free screening appointment for your child.

These developmental screenings are offered monthly and sponsored by the Hays Interagency Coordination Council and Hays USD 489.

 

Mother, 2 young children killed in Kansas house fire

BURLINGTON, Kan. (AP) — Authorities say a mother and her two young children have been killed in a house fire in eastern Kansas.

photo by Rick Felsburg courtesy WIBW TV

Coffey County Sheriff Randy Rogers says a fourth person suffered severe burns Friday morning while escaping from the home in Burlington. The survivor was flown to an area burn center.

Rogers didn’t identify any of the victims, pending notification of their relatives. The cause of the fire is under investigation.

Hoxie Main Street Art Walk Aug. 23

HOXIE – The Main Street Arts Council, based in Hoxie, invites all area art enthusiasts to the annual “Main Street Art Walk” scheduled for Friday, Aug. 23 from 5 to 8 p.m. in downtown Hoxie.

Enjoy an evening of art, food, fresh air and fun as you make your way through Main Street viewing the artworks of more than 20 area artists.

New this year, a raffle drawing for three great prizes will be held in conjunction with the evening’s event. Those interested can pick up a map at the check-in table (to be located on the corner of Equity Bank), visit all artists and acquire his/her signature, then drop off the map (with participant name and contact information) at The Living Room, 721 Main St. for a chance to win. Prizes include a $35 gift card to The Elephant Bistro & Bar, a Patron-level membership with the Main Street Arts Council, and an art supplies gift basket.

A silent auction featuring donated works from the participating artists will be set up and available for bidding from 5 to 7:45 p.m. at The Living Room. Funds raised help support area student scholarships to study the arts and music.

Food vendors, including Mama Deb’s Cookin’, Christie’s and Dustin & Kylie Bell’s BBQ will be set up throughout the evening.

Artists participating this year with their designated business host location include Kay Azzara, The Elephant; Sally Cameron, First State Bank; Bonnie Cameron and Abby Killingsworth, Community Impact Center/Hoxie Rec; Jackie Campbell and Jessica Campbell, Eland Law Office; Jana Getz, Hoxie State Insurance; Charlie Hein and Shirley Popp, Farm Bureau; Diane Pratt, Helaina Heskett, Hilde Heskett, Brylie Lindeman, Taegen Lindeman, Bailynn Moser, and Adleigh Ziegler, The Living Room; Terence Koehn, The Sheridan Sentinel; Michelle Morris, Cressler Creations; Kenzie Nondorf and Emma Weiner, Oscar’s; Karl Pratt, Pratt Real Estate; Bonnie Stasser, Equity Bank; Alvin Wildeman, Jennifer’s Cuts; and Thomas Zimmerman and Rodney Zimmerman, The Hoxie Times.

Planning Commission to discuss changes in development density requirements, parking requirements

HAYS POST

The Hays Area Planning and Development Commission will meet at 6:30 p.m. Monday in Hays City Hall, 1507 Main.

Agenda items for Aug. 19 include discussion of proposed changes to the Unified Development Code regarding a reduction in development density requirements and changes in parking requirements.

City staff is considering some changes to the UDC that would remove specific requirements for development density.

Minimum landscaping area, floor area, lot area, street frontage, and maximum building height are all regulated within the UDC and can directly impact density.

According to a commission memo, staff has found that the UDC has various requirements that can be too restrictive and create the need for unnecessary larger property lots. Making changes to the regulations would provide developers more options for more dense developments.

Staff recommends setting a public hearing for Mon., Sept. 16, 2019 to consider changes to UDC Table 3.1.301A, Development Standards, and Sec. 2.2.306 (C) (9), Hotel/Motel Compatibility Standards.

Staff has also considered a change that would add flexibility to parking requirements for small business owners.

Allowing a limited amount of on-street parking to be counted towards the total parking required could help reduce costs for some developments.

A second public hearing is being recommended for Sept. 16 to  consider adding proposed language to the UDC allowing limited on-street parking to be counted towards total parking requirements.

Priest already deemed sexually violent sentenced again

ST. LOUIS (AP) — The first Catholic priest in the U.S. to be labeled sexually violent when he was convicted in Illinois was sentenced Friday to 10 years in prison for abusing two boys in Missouri in the 1990s.

75-year-old Fred Lenczycki photo courtesy child Sex Offender of Illinois

Fred Lenczycki, 75, pleaded guilty in May to two counts of sodomy for crimes that occurred from 1991 to 1994, when he served a parish in north St. Louis County. He was sentenced to 10-year sentences for each count, to run concurrently.

Lenczycki admitted grabbing the genitals of one boy and trying to force the other to expose himself. Though the crimes occurred more than 25 years ago, Lenczycki wasn’t charged until February.

Lenczycki apologized in a brief statement in court. His attorney, Matthew Radefeld, called the sentence “disappointing” because Lenczycki has been undergoing counseling and “made great strides.”

St. Louis County Prosecuting Attorney Wesley Bell, in a statement, called Lenczycki a “monster whose actions have affected countless victims and stolen the lives of countless children.”

One of the victims, Charlie Gensler III, now 37, called the sentence “a great step toward our healing and exposing the sexual abuse that occurs within the Catholic Church.” But, he said, the pain will never go away.

“Even though I’m happy with the sentence, it is basically all of us who are condemned to a life sentence of pain, grief and suffering,” Gensler said.

Lenczycki was removed from the ministry in 2002, when he was charged with sexually abusing three boys in the 1980s at a church in Hinsdale, Illinois. Those victims told authorities “Father Fred” repeatedly molested them, often using the pretense of swaddling them in “Baby Jesus” costumes for pageants that never took place.

Lenczycki pleaded guilty in 2004 and was sentenced to five years in prison. In 2008, a year before his release, he became the first U.S. priest to be labeled sexually violent when he was committed under Illinois’ Sexually Violent Persons Commitment Act.

Church and court files show that Lenczycki admitted abusing up to 30 boys in Illinois, Missouri and California over 25 years. He now lives in suburban Chicago.

Victims of clergy sexual abuse have demanded more accountability and transparency from the Catholic church since last year, when a Pennsylvania report detailed seven decades of child sexual abuse by predator priests. The Vatican convened a sexual abuse summit in February to hear the testimony of several victims.

In addition to the criminal cases, Lenczycki is named in several lawsuits.

Gerald Green

Gerald Green, son of Joe & Josephine (Diederich) Green, was born on December 28, 1930 and he departed this life on August 12, 2019 at the age of 88.

Jerry grew up on a farm north of Herndon, KS and later moved in to Herndon. He attended grade school at St. Mary’s in Herndon and graduated high school from Herndon Public School in 1949. He served in the United States Army, during the Korean War, from 1952-1954, stationed in Japan.

On January 17, 1959, Jerry was united in marriage to Dorothy Baron. They became parents of six daughters, Catherine, Anne, Angela, Christina, Stephanie and Victoria and one son, Gerard. During these years, he drove the Herndon School bus and later drove the bulk mail truck from McCook, NE to Sterling, CO, besides farming and raising livestock. Later he became a route mail carrier from Oberlin, KS. In 2002, he married Mildred Barnett.

During his life he thoroughly enjoyed his children and his Catholic faith. Over the years he was an active member of St. Mary’s Assumption Catholic Church in Herndon. After moving to Colby, he became a member of the Sacred Heart Catholic Church, was a 4th degree member of the Knights of Columbus and a member of the VFW.

Preceding him in death were his parents; his wife, Dorothy; two brothers, infant Giles and Joseph Green and one stepson.

He is survived by his wife Mildred; children, Catherine (Dan) Horinek, Sisters, OR; Major Anne Green, Augusta, GA, Angela (Gary) Shields, Topeka, KS; Christina (Greg) Flaming, Berryton, KS, Stephanie (Igor) Nikishin, Canton, OH; Victoria (Rod) Holdsworth, Paola, KS and Gerard (Cheryl) Green, Rosalia, KS; two stepsons; one step daughter; 23 grandchildren; 24 great grandchildren; 8 step-grandchildren and 15 step-great grandchildren.

Visitation is 5-7:00 p.m. Sunday, August 18, 2019, at Baalmann Mortuary, Colby, with a Vigil at 7:00 p.m. Funeral Mass is 10:00 a.m. Monday, August 19, 2019, at Sacred Heart Catholic Church, Colby, with burial at 2:30 p.m. in St. Mary’s Cemetery, Herndon. Memorials are suggested to St. Mary’s Cemetery, Herndon, or for Masses and can be sent in care of Baalmann Mortuary, PO Box 391, Colby, KS 67701. For information or condolences visit www.baalmannmortuary.com

Jan Marie (Johnson) Deenihan

Jan Marie (Johnson) Deenihan, daughter of Kenneth Warren and Beryl (Sehulke) Johnson, was born March 1, 1959 in Phillipsburg, Kansas and passed away August 12, 2019 in Hays, Kansas at the age of 60.

Jan grew up in Glade and graduated from Phillipsburg High School. October 26, 1984, she married Michael Deenihan at the Hill City Park Gazebo. They had their marriage blessed in the Immaculate Heart of Mary Catholic Church on New Year’s Eve. They were married nearly 21 years, raising three daughters together, until Michael passed away August 7, 2005.

Jan was a member of the Immaculate Heart of Mary Catholic Church in Hill City, Kansas. She was an active member of the community working 30 years for the city. Displaying her selflessness and desire to put others first, Jan was very active in Girl Scouts. She was a troop leader for several troops at one time, the Service Unit Manager for several years, a Camp Adult Guide, served on a few council advisory committees, and was treasurer for the local foundation. During this time, she earned the nickname, Jinx. She was a past honored Queen of Bethel 54 in Phillipsburg, Kansas. As an active member of the Ladies VFW Auxiliary, she served as a member of the Color Guard throughout the years for Memorial Day Services.

Jan loved spending time with her family and enjoyed much of her free time traveling to visit her mother and daughters. But her grandchildren gave her the greatest pleasure of all. Jan was the “Best Grammy” ever! You’d find her heading to everything she possibly could if her grandchildren were involved. Just a few of the activities she attended were dance recitals, cheer competitions and baseball tournaments, showing up even if only one game was scheduled. Moose and Minnie, her two grand-dogs, were well loved whenever Jan would “babysit” them.

Jan was preceded in death by father, Kenneth W. Johnson; husband, Michael Deenihan and foster brother, Derald Lewis. Survivors left behind to cherish her memory include: mother, Beryl Johnson, Glade; sister, Kay Rose and husband, Steven, Agra; brother, T.D. Johnson and Jenneth Streit, Phillipsburg; daughters: Bridget Deenihan and husband Jonathan Kosik, Nashville, Tennessee, Brianna Wolf and husband Blake, Concordia, and Erin Deenihan and partner Amanda Ray, Hays; three grandchildren: Hunter Wolf, Aspen Wolf, and Adeline Kosik, along with other relatives and many friends.

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NWS: Chance for more storms returns Friday, Saturday

The National Weather Service in Dodge City has issued a hazardous weather outlook for the remainder of Friday and overnight Saturday.

Forecasters are predicting isolated strong to severe thunderstorms possible after 4 p.m. south and east of Dodge City. The storms could bring quarter-size hail, wind gusts of up to 60 mph and heavy rainfall.

After 7 p.m., the chance for additional storms return, this time north of a line from Garden City to Rush Center. Wind up to 60 mph, heavy rain and large hail also could accompany these storms.

The chance of rain Friday night and overnight in Hays is about 70 percent. Skies are expected to begin to clear after 7 a.m. Saturday.

Click HERE for current weather conditions.

FHSU alum, Ellsworth native named director of SW Kan. eco-devo group

LIBERAL — Liberal/Seward County Development Corporation has announced the hiring of Eli Svaty as the Executive Director of Economic Development. Eli brings an energy and enthusiasm to the position that supports the overall goals of the organization and the area.

Svaty grew up on a farm south of Ellsworth, Kansas. He graduated from Sterling College in 2006 with a degree in language and literature. He moved to Liberal in August of that year when he began his career as a teacher with USD 480 and Liberal High School. For the past 13 years, he has worked for the district teaching English and coaching basketball, golf, and scholars bowl. During that time, he also earned a Master’s Degree from Fort Hays State University.

While in Liberal, Eli met his wife Marilyn, a graduate of Liberal High School. They have four children — Caleb, Cairo, Zoe and Atticus — who range in age from 11 to 1. Marilyn spends most of her time with the children and also works part time for the Liberal Area Coalition for Families.

While the transition from classroom to economic development might not be a typical one, Svaty sees a number of parallels between the positions. First, much of what education demands is salesmanship. Students are often reluctant to write papers or read novels, and it is up to the teacher to convince them that this investment of time and energy is worthwhile. The same will be needed to bring new businesses and industries here. Second, as a coach, Mr. Svaty was exposed to the perspectives of the rest of the state and their views of our region. Seward County has great opportunities and great resources, and living here has helped him understand that and given him the desire to correct the misconceptions around the state.

This position also requires significant communication with Topeka and the work being done there. Svaty has existing connections with the Department of Commerce, and his brother served as Secretary of Agriculture for Governor Parkinson and continues to work for Gencur-Svaty Public Affairs in Topeka. Eli is also a certified grant writer and has written grant proposals for nonprofit organizations in the area.

— Liberal/Seward County Development Corporation

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