A federal court judgment has found fault with the Biden administration's suspension of border wall construction.
The recent ruling pointed out violations of environmental law for not conducting a thorough review before stopping construction, Fox News reported.
Steven Smith, a rancher based in Arizona, brought a lawsuit against the Department of Homeland Security (DHS), accusing the agency of failing to perform an Environmental Assessment as required by the National Environmental Policy Act (NEPA). This assessment is crucial to determine if federal actions could significantly harm the environment.
The mandate from the Environmental Protection Agency (EPA) under NEPA is designed to protect the environment against hasty federal decisions. The lack of such an assessment led Judge Trevor McFadden to rule in favor of Smith, stating that the administration's actions resulted in personal and environmental damage on his property due to increased migrant crossings.
Since President Joe Biden's inauguration in 2021, Smith observed a noticeable uptick in migrant activity on his ranch, which profoundly affected local flora and fauna. This included the depletion of water sources, crucial for his cattle and wildlife, caused by migrants using his water troughs.
Judge McFadden's decision outlined a variety of harms suffered by Smith as a result of the increased border activity. These included environmental degradation and significant property damage due to trespassing and resource depletion.
The court found that the cessation of the "Remain in Mexico" policy indirectly led to population growth near the border areas, contributing to issues on Smith's ranch. Following are statements from Trevor McFadden’s ruling that consider the severe consequences Smith experienced due to these policy changes.
Smith testified about the changes he witnessed, noting the increased foot traffic of migrants across his property, which not only posed a safety risk but also created an environmental hazard.
Smith suffered tangible harm caused by the migrant crisis and is entitled to relief after illegal immigrants trespassed onto his land, stole his water, and trashed his property. At trial, Smith proved that his harm resulted from migrants reacting predictably to DHS's decisions.
Unused construction materials also posed an issue, highlighting the abrupt halt of wall construction. Workers last observed these materials in Sierra Vista, Arizona, in August.
Throughout the trial, Smith provided evidence depicting a daily struggle against the environmental impacts of migrant crossings. He detailed the exhausting process needed to replenish water supplies stolen by migrants, a critical resource for his ranch operations, which required days to recover.
Rancher Steven Smith described the severe depletion of his resources during the court proceedings, expressing the significant daily toll on his ability to maintain his ranch.
The court's decision highlights an overlooked aspect of immigration policy—its environmental impact. With Judge McFadden ruling that the Biden administration's suspension of the border wall construction violated NEPA, the ruling underscores the complex interdependencies between immigration policy implementation and environmental sustainability.
