WASHINGTON (Legal Newsline) – Two organizations, one environmental and another that advocates for the southern border communities, are suing the U.S. Department of Homeland Security and Secretary Kirstjen M. Nielsen over waivers of laws in regard to the construction of a wall on the country's southern border.
Sierra Club and Southern Border Communities Coalition filed a lawsuit against DHS and Nielsen on Dec. 7 in the U.S. District Court for the District of Columbia alleging that the waivers for the construction violate the Constitution.
Both organizations claim that the department issued waivers of several laws in order to allow the construction of sectors of the border wall. The laws that have been waived include the Safe Drinking Water Act, the Endangered Species Act, the Federal Water Pollution Control Act and others, the complaint states.
President Donald Trump signed an executive order on Jan. 25, 2017, that would allow the administration to take all necessary steps to construct a 1,900-mile wall along the Mexican border.
"Both before and after issuing that executive order, the president made a variety of statements indicating an intent to use the border wall as a tool for stoking racial animus towards Latino immigrants, citizens and residents for political purposes," the complaint states.
Right after the order, per the complaint, "the DHS secretary published in the Federal Register five 'notices of determination' purporting to 'waive' the application of dozens of laws, regulations and legal requirements designed to protect the environment, public safety, and historic and cultural resources under the authority of Section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996."
The plaintiffs are challenging the waivers regarding the construction of the wall in southern Texas.
"This case challenges the DHS Secretary’s two most recent waivers, issued in October 2018, which fast-track construction of approximately 24.6 miles of border infrastructure in southern Texas in Cameron and Hidalgo counties, areas rich with biodiversity and home to numerous communities and major population centers," the complaint said.
Both organizations are seeking a declaration that the waivers are unconstitutional and violate the Fifth Amendment, as well as to enjoin all construction of wall and fences in Cameron and Hidalgo counties until it comes into compliance with laws, plus costs and attorney's fees.
The organizations are represented by attorneys Zachary Fabish and Susan Williams, both of the Sierra Club.
U.S. District Court for the District of Columbia case number 1:18-cv-02877-KBJ