Judge Denies Request to Halt Border Wall Construction
03 Sep Judge Denies Request to Halt Border Wall Construction
Judge Denies Request to Halt Border Wall Construction
In a major setback to critics of the Department of Homeland Security’s border wall, a federal judge in Texas has denied a request to temporarily halt construction of the wall, which is fast underway in the El Paso area.
Quietly issuing his ruling on Friday, August 29, just before the start of the Labor Day weekend, US District Judge Frank Montalvo turned down a request by the County of El Paso and other plaintiffs for a preliminary injunction.
Last June, the plaintiffs filed the request as part of a lawsuit that challenged the authority of the Department of Homeland Security and Secretary Michael Chertoff to waive dozens of federal environmental and other laws in order to pave the way for a new border fence.
In rejecting an injunction, Judge Montalvo cited, among other reasons, the1996 immigration reform and other laws that gave broad powers to the Attorney General and later the Department of Homeland Security, as well as the Department of Homeland Security’s contentions that undocumented immigrants cause environmental damages by creating new roads and trails, by leaving behind trash and by jeopardizing wetlands with invasive parasites and diseases.
“After carefully considering the parties’ arguments, the Court concludes Plaintiffs fail to successfully develop their claim that preserving the waived laws outweighs the public’s interest in securing its borders..â€
