The Mercury News Weekend

Another suit filed over Trump’s wall plans

- By Nomaan Merchant

HOUSTON » Environmen­tal groups filed another lawsuit Thursday challengin­g the Trump administra­tion’s use of waivers to speed up constructi­on of a border wall, this time in Texas.

Three groups sued the Department of Homeland Security, a week after the agency waived environmen­tal laws along a roughly 25mile stretch of border in the Rio Grande Valley, which is the southernmo­st point of Texas.

Lawsuits have been filed to try to stop constructi­on in California and NewMexico. So far, no judges have stopped DHS from moving forward with constructi­on, though a federal appeals court in California heard arguments in that state’s case in August.

In Texas, the government wants to connect existing sections of fencing on river levees in Hidalgo County and to close other gaps in fencing in neighborin­g Cameron County. It argues that more barriers are necessary to stop the flow of drugs and immigrants. Congress already funded constructi­on in both areas, though it hasn’t yet provided the larger amounts of money President Donald Trump has requested for his signature campaign priority to build a wall along the U.S.-Mexico border.

Environmen­tal groups say DHS is wrongly using authority that it received in 2005 for specific projects to waive reviews under more than two dozen laws.

Jean Su, a lawyer for the Center for Biological Diversity, argued that when the previous border fence was built, Congress directly gave DHS the authority to issue waivers. But that waiver authority was not meant to carry over automatica­lly for future projects, she said.

“It will be a longer pro- cess, but that process is a basic part of ourdemocra­tic system and the protection of our environmen­t,” Su said.

Defenders of Wildlife and the Animal Legal Defense Fund joined the lawsuit, which was filed in Washington.

Advocates warn that the government’ s proposed constructi­on would cut through the nonprofit National Butterfly Center and local heritage sites.

Since sections would be built north of the Rio Grande, it would also effectivel­y consign some U.S. land to the so- called “Mexican side.”

Homeland Security Secretary Kirstjen Nielsen, in announcing the waivers last week, said constructi­on was necessary because the Rio Grande Valley “is an area of high illegal entry” and that Congress had required her agency to “achieve and maintain operationa­l control of the internatio­nal land border.”

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