Thread: El Paso case opposing border fence is 'stronger'

El Paso case opposing border fence is 'stronger'

AUSTIN -- Opponents of the controversial border fence being built between Mexico and the United States are looking to an El Paso case to slow down its construction after the U.S. Supreme Court rejected a lawsuit by environmental groups Monday.

"We think our case that we filed is stronger," said El Paso County Attorney José RodrÃ*guez.

The Supreme Court on Monday declined to hear a lawsuit filed by Defenders of Wildlife, the Sierra Club and others against U.S. Department of Homeland Security Secretary Michael Chertoff's use of waivers to circumvent laws that would impede construction of the border fence in environmentally sensitive areas of Arizona.

The department wants to build 670 miles of border fencing this year, and Chertoff has said he would use authority Congress gave him to waive more than 30 laws that could get in the way.

"We're obviously pleased that the Supreme Court has let the lower court's ruling stand," DHS spokeswoman Laura C. Keehner said in an e-mailed statement. "The American people expect this department to enforce the rule of law at the border."

The environmental groups argued the waivers violated the constitutional separation of powers between the administrative and legislative branches of government.

"The court's decision is definitely unfortunate," said Sierra Club spokesman Olive Bernstein.

But, he said the groups are hoping other avenues might work to slow down the fence building, including the lawsuit El Paso County, the city of El Paso, Ysleta Del Sur Pueblo and others filed last month.

The lawsuit, filed in U.S. District Judge Frank Montalvo's court, is similar to the environmental groups', arguing that Chertoff's use of waivers is unconstitutional.

RodrÃ*guez said the waivers allow Chertoff to bypass federal, state and local laws that leave the county wondering which laws it can and cannot enforce.

"What the county wants is just for the federal government to observe the laws that apply to El Paso County, both federal, state and local laws, so that those protections in those laws are afforded to our community," RodrÃ*guez said.

Tom Diamond, lawyer for the Ysleta Del Sur Pueblo, said the Tigua tribe joined the lawsuit because the fence would impede access to parts of the Rio Grande where members of the tribe have conducted religious ceremonies for centuries.

Chertoff's waivers allow the department to bypass laws that protect sacred tribal land.

"We doubt they're going to carry this off in a way that is sensitive to our needs," Diamond said.

Because the Supreme Court issued a simple denial and did not rule on the issues involved in the case, RodrÃ*guez and Diamond said, the case would not likely affect the local lawsuit.

Additionally, in the environmental groups' case, the section of fencing in dispute had already been built in Arizona, and Chertoff used fewer waivers.

The local case, the lawyers said, involves a larger section of fencing that hasn't been constructed and the use of many more legal waivers.

"We're all confident we have a much broader case," Diamond said. "We think we have a better shot at it."

Brandi Grissom may be reached at bgrissom@elpasotimes.com;512-479-6606.

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EL PASO CITY COUNCIL
Mayor John Cook
District 1 Ann Morgan Lilly
District 2 Susie Byrd
District 3 VACANT
District 4 Melina Castro
District 5 Rachel Quintana
District 6 Eddie Holguin Jr.
District 7 Steve Ortega
District 8 Beto O'Rourke
City Manager Joyce Wilson
El Paso County Commissioners Court
Anthony Cobos County Judge
Luis Sariñana Commissioner Precinct 1
Veronica Escobar Commissioner Precinct 2
Miguel A. Teran Commissioner Precinct 3
Daniel Haggerty Commissioner Precinct 4
Gilbert Sanchez District Clerk
Delia Briones County Clerk
Jaime Esparza District Attorney
José R. RodrÃ*guez County Attorney

What could be the Agenda for NOT wanting to Secure Our National Borders and NOT Enforce Our Immigration Laws? How do they PROFIT from the ILLEGALS? JUST FOLLOW THE MONEY "MY FRIENDS"! Could it be Our Elitist Politicians and their Elitist Contributors?

Just build the damn fence!!!

And El Paso is one of the MOST vulnerable spots along the border!