DHS Can Waive Environmental Review for Border Wall, Judge Says

The Department of Homeland Security may evade environmental reviews that would otherwise be required to construct a portion the wall on the Arizona-Mexico border, a magistrate judge recommended.

The waiver created by the Illegal Immigration Reform and Immigrant Responsibility Act doesn’t violate separation of powers principles in the US Constitution because Congress clearly established a policy to deter illegal border crossings, according to the Tuesday opinion.

The government should therefore win its summary judgment in a lawsuit brought by conservation groups alleging DHS unlawfully approved construction without National Environmental Policy Act or Endangered Species Act reviews, Magistrate Judge James E. ...