The 9th Circuit Court of Appeals dominated for the Trump administration Monday in a case difficult its use of waivers to bypass environmental laws in setting up components of the border wall.
The state of California and a number of other environmental teams sued President Donald Trump and the Department of Homeland Security (DHS) in September 2017 to cease building of a border wall prototype and ongoing repairs to 14 miles of an current barrier in San Diego.
“Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the Secretary of the DHS has long had the authority ‘to install additional physical barriers and roads … in the vicinity of the United States border,’” the 9th Circuit’s opinion states, quoting the IIRIRA.
The IIRIRA grants the secretary of the DHS “the authority to waive all legal requirements” as is “‘necessary to ensure expeditious construction’ of those barriers and roads,” in keeping with the 9th Circuit.
The 9th Circuit’s three-judge panel dominated 2-1 in favor of the federal authorities. The dissenting decide, Consuelo Callahan, wrote she supported the Trump administration’s argument, however thought the courtroom lacked jurisdiction to evaluation California’s enchantment.