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Thread: California Sues Trump Over The Border Wall, Citing Environmental Laws

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  1. #1
    Administrator Jean's Avatar
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    California Sues Trump Over The Border Wall, Citing Environmental Laws

    Posted By Will Racke On 4:47 PM 09/20/2017

    California on Wednesday added to its long list of immigration-related legal actions against President Donald Trump, suing the administration over plans to build a wall along the U.S.-Mexico border.

    The lawsuit, filed in the San Diego federal court, aims “to protect the State of California’s residents, natural resources, economic interests, procedural rights, and sovereignty from violations of the United States Constitution” and federal law, reports the Los Angeles Times.

    In planning to build the wall, the Department of Homeland Security has failed to comply with federal and state environmental laws and relied on federal statues that don’t authorize construction of a border barrier, according to the lawsuit. The brief also alleges the federal government violated the U.S. Constitution’s separation-of-powers doctrine “by vesting in the Executive Branch the power to waive state and local laws, including state criminal law.”

    California Attorney General Xavier Becerra announced the lawsuit during a visit to Border Field State Park near San Diego, where DHS plans to begin construction of wall prototypes this fall. Becerra has overseen more than two dozen legal actions against the Trump administration, including major lawsuits to prevent it from winding down the Deferred Action for Childhood Arrivals (DACA) program and from withholding federal grants from sanctuary cities.

    Wednesday’s border wall lawsuit asks a judge for an injunction against building the wall until DHS shows compliance with environmental laws, reports Reuters. Becerra is also asking the court to rule that DHS cannot waive any federal guidelines in order to expedite the project.

    California’s lawsuit is one of several that argues border wall construction would violate environmental laws. The Center for Biological Diversity has filed multiple lawsuits against the Trump administration, alleging violations of the Endangered Species Act and the National Environmental Policy Act.

    However, several federal statutes give the homeland security secretary wide latitude to waive certain laws and regulations that could interfere with the construction of border security infrastructure. In August, then-Homeland Security Secretary John Kelly waived 35 environmental regulations in order to expedite wall construction.

    The Trump administration has also sought to use a federal anti-terror law to avoid lengthy environmental impact studies required for projects on federal lands. Under the 2005 REAL ID Act, DHS can waive any and all laws “necessary to ensure expeditious construction of the barriers and roads” that would deter illegal border crossings.

    DHS officials intend to move forward with the testing phase in the coming months. Officials selected in August the winning contractors who will build prototypes on federally owned land near San Diego.
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  2. #2
    Senior Member Beezer's Avatar
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  3. #3
    Administrator Jean's Avatar
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    California suing Trump over border wall, escalating battle with White House

    By Brooke Singman

    California Attorney General Xavier Becerra announced Wednesday that the state will sue the Trump administration over one of President Trump’s paramount campaign promises—the border wall.

    Becerra’s lawsuit, which targets planned projects in San Diego and Imperial counties, marks the latest shot in California's legal and legislative war against Trump.

    The state essentially has emerged as the heart of the Trump "resistance," pumping out lawsuits against his immigration policies and even passing a resolution Friday in the Assembly censuring Trump for his comments on the violence stemming from white nationalist protests in Charlottesville, Va.

    Becerra's latest lawsuit charged that the Trump administration "violated the U.S. Constitution, failed to comply with federal and state environmental laws, and relied on a federal statute that does not authorize the proposed projects."

    "The Trump administration has once again ignored laws it doesn't like in order to resuscitate a campaign talking point to build a wall on our southern border," Becerra said in a statement Wednesday. "President Trump has yet to pivot from candidate Trump to leader of a nation built on the rule of law. That's dangerous."

    The lawsuit comes as Trump works with Congress to try and secure funding for a border wall -- though the specifics of the project itself remain unclear.

    The president issued an executive order in January calling for securing the “southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking and acts of terrorism.”

    Last month, the administration awarded contracts to four companies to begin construction.

    The president tweeted last week that “the WALL, which is already under construction in the form of new renovation of old and existing fences and walls, will continue to be built.”

    White House Press Secretary Sarah Sanders underscored the president’s commitment to the border wall earlier this month.

    “I don’t think the president has been shy about the fact that he wants a wall,” Sanders said. “It’s certainly something he feels is an important part of a responsible immigration package.”

    This isn’t Becerra's first lawsuit against the Trump administration. Just last week, Becerra joined state attorneys general from Minnesota, Maryland and Maine in filing suit against the administration over its decision to end the Deferred Action for Childhood Arrivals program, arguing that the White House violated the Constitution and federal laws by rescinding the Obama-era program.

    But Trump has put the onus on Congress to draft legislation that would protect ‘Dreamers,’ even meeting with Democratic congressional leadership last week to discuss a path forward.

    California has been firmly against most Trump administration immigration policies. The state’s legislature also passed a sanctuary state measure over the weekend and is awaiting approval by Democratic California Gov. Jerry Brown that would bolster protections for illegal immigrants in the state—a move Attorney General Jeff Sessions called “unconscionable” on Tuesday.

    “The bill risks the safety of good law enforcement officers and the safety of the neighborhoods that need their protection the most,” Sessions said during a speech in Portland, Ore., on Tuesday. “There are lives and livelihoods at stake.”

    Sessions urged Brown not to sign the law that would halt local police from cooperating with federal authorities to deport illegal immigrants.

    The Trump administration has faced significant roadblocks in efforts to crack down on jurisdictions that do not cooperate with federal immigration agents. Last week, a federal judge in Chicago ruled that Sessions could not withhold public grant money from sanctuary cities for refusing to follow federal immigration law—an option the attorney general has used to threaten states and localities who call themselves ‘sanctuaries.’

    “We strive to help state and local law enforcement,” Sessions said. “But we cannot continue giving such federal grants to cities that actively undermine the safety of federal law officers and actively frustrate efforts to reduce crime.”
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  4. #4
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    "The Trump administration has once again ignored laws it doesn't like in order to resuscitate a campaign talking point to build a wall on our southern border," Becerra said in a statement Wednesday. "President Trump has yet to pivot from candidate Trump to leader of a nation built on the rule of law. That's dangerous."
    Are you kidding me? Talk about calling the kettle black. Seems he is the one who wants to ignore laws and the rule of law.
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  5. #5
    MW is offline
    Senior Member MW's Avatar
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    Becerra has overseen more than two dozen legal actions against the Trump administration
    Do the good people of California now you're being so frivilous with their tax dollars, Mr. Becerra?
    Beezer likes this.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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  6. #6
    Super Moderator Newmexican's Avatar
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    May 2005
    Heart of Dixie
    Beccera has filed multiple lawsuits against the Trump administration including the DACA lawsuit. A little info on the Xavier Beccera makes it all understandable.


    BY RED SMITH · JANUARY 6, 2017

    By Katy Grimes

    “As Chicanas and Chicanos of Aztlán, we are a nationalist movement of Indigenous Gente that lay claim to the land that is ours by birthright. As a nationalist movement we seek to free our people from the exploitation of an oppressive society that occupies our land. Thus, the principle of nationalism serves to preserve the cultural traditions of La Familia de La Raza and promotes our identity as a Chicana/Chicano Gente.”


    By Katy Grimes and Megan Barth

    CA Marxists Ramping Up Destabilization of the Golden State

    Immediately following the November election, California Governor Jerry Brown appointed U.S. Rep. Xavier Becerra (D) to replace State Attorney General Kamala Harris, who won election to the U.S. Senate seat vacated by the retiring Sen. Barbara Boxer.

    Many wonder why Xavier Becerra was chosen by Brown. But all anyone has to do is peek into the radical California Legislature, and fanatical Gov. Jerry Brown, to see the trend of militant Marxist, Socialist, Jesuit, Liberation Theology, Latino activism on the increase.

    The goal by these extremists in California is to push the state, and eventually the country to such a crisis, a reorganization is the only cure. That is what Communists do. Modern day “Progressives” as they like to be called, like Brown and Becerra, refer to themselves as Multiculturalists and Progressives. But as history very clearly demonstrates, using Marxism as the cure to anything in society is a very dark fairytale.

    The term “progressive” is simply another way of saying “socialist” or “Marxist;” But it’s as important to recognize how liberation theology factors into the radical Latino lawmakers: In Latin America, the big enemy is not Marxism, it is capitalism. And the main enemy of liberation theology, according to its founder, the Rev. Gustavo Gutierrez of Peru, and many of its adherents, is the United States–Michael Novak, the author of the 1984 ”Freedom With Justice: Catholic Social Thought and Liberal Institutions.” Novak describes liberation theology as “gaining its excitement from flirting with Marxist thought and speech.”

    Xavier Becerra

    As Fox News pointed out in a 2003 interview on the Sean Hannitty Show, Becerra has a devout relationship with MEChA, as well as The Fabian Society. But don’t go looking for the clip; it is apparent Becerra’s people have been busy at work cleaning up his inline reputation and record.

    According to a NewsMax account on Free Republic:

    “I got to be the first in my family to go to college” thanks to MEChA, Becerra said.

    Hannity repeatedly pressed Becerra on why he would belong to a group that preaches racial discrimination, prompting the Bustamente backer to complain, “Are you calling me a racist?”

    When the Fox host pointed out that MEChA favors the return of California to Mexico, Becerra still declined to criticize the group, saying, “I got a lot of help from people in the organization who have promoted education for kids and who continue to do that. … What I know is what they do.”

    MEChA is a Hispanic separatist organization (400 chapters nationwide and in many high schools) that encourages anti-American activities, civil disobedience, and romanticizes Mexican claims to the “lost Territories” of California and the Southwestern United States, in a Chicano country called “Aztlan.” The official national symbol of MEChA is an eagle holding a machete-like weapon and a stick of dynamite.

    The Fabian Society and Fabian Socialism uses the teachings of John Maynard Keynes as their catechism of political economy. Like Marxism, it embraced the idea of a Communist Utopia, where the State owned everything and controlled every aspect of the public’s lives. They have installed Fabian Socialism and Keynesism as the new faith, both in the Universities and in Government bureaucracy. Keynes supported statism and socialism, and managed and planning economies. U.S. President Barack Obama has long advocated the use of Keynesian economic concepts — despite the fact that John Maynard Keynes was incompetent, a fraud, and accused of being a pedophile.

    These groups have worked diligently behind the scenes to implement their Socialist policies into our government, labor unions and throughout academia. They have infected the working class, demanding higher and higher wages, resulting often in welfare and other government handouts once their employers are ruined. They use illegal immigrants as messengers of their ideology, demeaning patriotism, and America. And they have manipulated the political process so that only those candidates well-versed in Marxism receive the attention of the corporate Media.
    Illegal Immigration and Marxism

    Even though the law doesn’t allow them to vote, illegal immigrants are changing the landscape of the U.S. government, especially in California, by impacting the census’ through mass migration.

    California allows illegal aliens to vote.

    Former Mechista Rep. Xavier Becerra, the U.S. congressman for California’s 31st District, says what all leftist Latino lawmakers say: their (illegal) constituents still pay taxes and contribute to society, therefore they should vote. — “An individual doesn’t have to be a citizen to pay taxes – you pay taxes if you work in this country, you pay taxes if you purchase something,” Becerra said.

    Led by Los Angeles County Federation of Labor head Maria Elena Durazo, a group of socialist and Communist California labor officials and Democrat Party operatives created a program to target Latinos and immigrants (illegal and legal) to permanently drive California politics far to the left, Democrat political consultant Richie Ross wrote in CalBuzz in 2010. Ross openly boasts of targeting the Latino community’s fear of anti-illegal immigration measures, to drive the community even further into the arms of the Democratic Party.

    In 1994, then-Governor Pete Wilson put Proposition 187 on the ballot. It was called the nation’s first anti-immigrant initiative, but in fact the goal of Proposition 187 was to make illegal aliens ineligible for public benefits including public social services, public health care services, and public school education. It came in the middle of a deep recession in California and was popular partly because the fiscal estimate from the California Legislative Analyst’s Office said that it would save the state about $200 million/year.

    Latinos and Communists

    The two most significant Marxist groups in the United States, the Communist Party USA and Democratic Socialists of America, are both committed to increasing the Latino vote in order to give Democrats a permanent electoral majority.

    Maria Elena Durazo,Los Angeles County Federation of Labor head, is closely associated with both groups. She is is also well connected to former LA Mayor and Gubernatorial hopeful Antonia Villaraigosa, as well as former California State Senator Gil Cedillo, both long time immigration activists.

    “Durazo, Villaraigosa and Cedillo, all trained under legendary Los Angles Communist Party USA activist, Democratic Party activist and “immigration reform” pioneer Bert Corona,” Trevor Loudon wrote in 2013. All three have long ties to both the Communist Party USA and Democratic Socialists of America, and coincidentally were all prominent California supporters of presidential candidate Barack Obama and long time ally of both the Communists and DSA.

    Villaraigosa has a long history with MEChA. As a student, he headed the UCLA chapter of MEChA, but left UCLA six weeks before graduation to become a full-time organizer with Corona’s Centro de Action Social Autonoma.

    Another radical activist is Rep. Luis Gutierrez (D-IL), a co-sponsor of the 2010 Comprehensive Immigration Reform. Gutierrez, a former member of the Marxist-Leninist Puerto Rican Socialist Party, chairs the Immigration Task Force of the Congressional Hispanic Caucus. Longtime amnesty activists Gutierrez and Rep. Xavier Becerra (D-CA), both members of the Congressional Progressive Caucus, worked on the amnesty effort.

    Communists seek to use amnestied illegals to build a “permanent progressive majority.” Most thinking Americans know that Democrats only care about illegals for the winning voting bloc they can provide, but most are unaware that this idea was hatched and developed by the American Communist Party, which Richie Ross clearly explains in his op ed:

    The campaigns we developed broke new ground, organized new union workers, and increased the political impact Latino voters have had on California politics – simultaneously tripling their number of registered voters, increasing the Democratic share of that vote by 50%, and doubling the percentage of the total votes cast in California from Latinos.

    Through the rest of the 1990′s our campaigns focused on legislative races in Los Angeles. We succeeded. But it was all small.

    In 2000, our message was controversial (until it worked). “If you want to make a difference, voting isn’t enough. Don’t bother voting unless you sign our pledge to get 100% of your family to vote.” Latino turnout rose… and accounted for 14% of the votes cast according to the State’s voter registration and voting history records.

    The Enemies Within

    Trevor Loudon’s 2013 book, Enemies Within: Communists, Socialists and Progressives in the U.S. Congress, “profiles fourteen Senators and more than fifty Representatives. Their ties to Communist Party USA, Democratic Socialists of America, Workers World Party, the Institute for Policy Studies, Council for a Livable World and other radical anti-American organizations.”

    Loudon identifies Bert Corona, as the “Communist Father of the ‘Immigrants Rights’ movement” in 1960. In 1964, Corona, Cesar Chavez and future Democratic Socialists of America member Dolores Huerta forced Congress to end the guest worker “Bracero” program. Later, Corona sought ways to address “problems confronting Mexicans in the United States who had no visas or citizenship documents” – in other words, illegal aliens – including “how to defend persons detained by immigration authorities and how to help immigrants acquire disability and unemployment insurance and welfare.”

    Loudon writes:

    On March 11, 1998, Los Angeles Democratic Socialists of America leader Steve Tarzynski wrote an email to another Los Angeles DSA leader Harold Meyerson.

    Tarzynski listed 25 people he thought should be on an “A-list” of “25 or so leaders/activists/intellectuals and/or “eminent persons” who would gather periodically to theorize/strategize about how to rebuild a progressive movement in our metropolitan area that could challenge for power.”

    Tarzynski listed himself, Harold Meyerson, Karen Bass, Sylvia Castillo, Gary Phillips, Joe Hicks, Richard Rothstein, Steve Cancian, Larry Frank, Torie Osborn, Rudy Acuna, Aris Anagnos, Abby Arnold, Carl Boggs, Blase Bonpane, Rick Brown, Stanley Sheinbaum, Alice Callahan, Jim Conn, Peter Dreier, Maria Elena Durazo, Miguel Contreras, Mike Davis, Bill Gallegos, Bob Gottlieb, Kent Wong, Russell Jacoby, Bong Hwan Kim, Paula Litt (and Barry Litt, with a question mark), Peter Olney, Derek Shearer, Clancy Sigal and Anthony Thigpenn.

    Included in a suggested elected officials sub-group were Mark Ridley-Thomas, Gloria Romero, Jackie Goldberg, Gil Cedillo, Tom Hayden, Antonio Villaraigosa, Paul Rosenstein and Congressmen Xavier Becerra, Henry Waxman and Maxine Waters.

    In further preparation for battle, the California legislature just hired former Attorney General, Eric Holder. “Having the former attorney general of the United States brings us a lot of firepower in order to prepare and safeguard the values of the people of California.” Kevin de Leon, the Democratic leader of the Senate, said in an interview. “This means we are very, very serious.”

    Very serious, and very Marxist, indeed.

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