Search results matching tags 'lawsuit' and 'Border fence'

US Supreme Court Denies Appeal of the Border Fence Lawsuit Filed By El Paso County

edominguez — Mon, 15 Jun 2009 16:20:00 GMT

County Attorney José R. Rodríguez announced today that he was notified this morning that El Paso County's appeal to the United States Supreme Court in its border fence case against the U.S. Department of Homeland Security was denied.

El Paso County Attorney expressed his disappointment with the decision. "We are disappointed but not surprised by this outcome. While we feel that we had a strong case, competition for space on the Supreme Court's crowded docket is high," Rodríguez said.

"This decision now ends our pursuit of this case. El Paso County would very much like to thank Mayer Brown LLP of Washington, D.C., for their defense and support in this case. Mayer Brown litigated this case without any cost to the county," said Rodríguez.

Although the appeal was rejected, Rodriguez expressed optimism that the Obama Administration has demonstrated a willingness to consult with local communities on the fence and other border security policies.

The lawsuit against the Department of Homeland Security was filed on June 23, 2008 by El Paso County, the City of El Paso, the El Paso County Water Improvement District No. 1, and the Ysleta del Sur Pueblo, among others. The lawsuit challenged Secretary Chertoff's statutory authority to issue a waiver of more than 30 federal, state, and local laws to accelerate the construction of a border fence in El Paso County. The County contended that the Congressional waiver of authority, without the opportunity for judicial review, was an unconstitutional delegation of legislative power and moreover, that it was insufficient to permit the Secretary to declare pre-empted every state and local law related to the waived federal statues.

On September 11th, 2008 a Federal District Judge of the Western District of Texas granted the Department of Homeland Security's motion to dismiss the lawsuit based on the merits of the case.

In his ruling, U.S. District Judge Frank Montalvo held that the waivers used by the Secretary of Homeland Security Michael Chertoff to expedite the construction of the border fence were constitutional because "...Congress constitutionally delegated its authority in the Waiver Legislation."

Judge Montalvo further ruled that the Waiver legislation did not violate the 10th amendment to the U.S. Constitution because the waivers were issued with the intent to "preempt state and local laws, which would interfere with Congress's objective to expeditiously construct the border fence."

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Border Fence Appeal Press Release.pdf

EL PASO COUNTY ATTORNEY TO TESTIFY BEFORE THE STATE HOUSE OF REPRESENTATIVES AGAINST THE BORDER WALL

edominguez — Fri, 12 Dec 2008 22:25:00 GMT

On Thursday November 13, 2008, El Paso County Attorney José R. Rodríguez will testify in Austin, Texas, before the Mexican-American Legislative Caucus (MALC) of the Texas House of Representatives on the negative consequences of building a border wall between the US and Mexico.

MALC Chair, Representative Eddie Lucio III, will preside over the hearing to be held in the House Appropriations room, E1.032, at 8:00 a.m. The participants will analyze, among other topics, the possible effects a wall between Mexico and Texas would have on the border’s predominantly Hispanic community, as well as the rest of the state. Testimony received will be used to formulate legislation in response to the border wall.

El Paso County Attorney José R. Rodríguez has been invited to testify in relation to the federal lawsuit the County and the City of El Paso filed this summer challenging Congress’ unconstitutional delegation of authority that allowed Secretary of Homeland Security Michael Chertoff to waive more than 30 federal, state, and local laws, in order to accelerate the construction of the border wall.

County Attorney Rodríguez will explain to house members that a border wall will not keep immigrants out, but on the other hand, will bring serious environmental, economic and cultural consequences to the El Paso and Juarez region.

Recent data from the Department of Homeland Security shows that this year, in the El Paso Sector, the number of undocumented immigrants apprehended by the Border Patrol dropped 60 % in relation to the previous year. This huge drop in detentions was achieved before the construction of the border fence even began by conducting operations that place Border Patrol agents in close proximity to one another along a certain area of the border to prevent illegal crossings. Rodríguez says this data refutes the Department of Homeland Security’s contention that the border wall is necessary to maintain operational control of the border.

El Paso County José R. Rodríguez believes that the billions of dollars that the federal government will spend building the border wall would be better invested in providing more resources to the federal agents that patrol the border.

Rodríguez believes that the border wall in El Paso will be negatively impact the water supply to many farmers in the Lower Valley and potentially affect the ability of the El Paso County Improvement District #1 to supply water to 50% of El Paso residents. The border fence will also hinder bi-national efforts to re-introduce endangered species such as the Mexican gray wolf because the protection of wolf habitats require open corridors in the border region.

The Border Wall will also harm conservation efforts that are underway to protect the Rio Bosque Wetlands Park, in El Paso’s lower valley, and will affect the cultural history of the region, as the border wall cuts through sacred ceremonial land used for centuries by the Ysleta Pueblo del Sur Tribe (Tigua).

County Attorney Rodríguez will explain to members of the Texas House of Representatives that the best way to tackle the problem of illegal immigration is to seek approval of comprehensive immigration reform.

“A multi-billion dollar effort to construct the Border Wall simply does not make sense. At a time when America faces a severe financial crises it is simply irresponsible to pour additional money into a wall that will scar our environmental landscape and damage our relationship with communities across the border,” Rodríguez said.

“Instead of deterring illegal immigration, the wall will symbolize not only a failed immigration policy, but also a country barricading itself from the rest of the world,” Rodríguez concluded.

WHO: Mexican-American Legislative Caucus (MALC) of the Texas House of Representatives

WHAT: Hearing on the effects of the border wall

WHEN: Thursday November 13, 2008, at 8:00 a.m.

WHERE: Texas House Appropriations room, E1.032
Austin, Texas.

FEDERAL DISTRICT JUDGE DISMISSES BORDER FENCE LAWSUIT FILED BY EL PASO COUNTY

edominguez — Wed, 17 Sep 2008 16:42:00 GMT

Plaintiffs prepare to appeal the case before the U.S. Supreme Court

El Paso County Attorney José R. Rodríguez announced today that U.S. District Judge Frank Montalvo has dismissed a lawsuit filed by El Paso County, the City of El Paso, the El Paso County Water Improvement District No. 1, and the Ysleta del Sur Pueblo, among others, against the construction of the border fence in El Paso County.

Judge Montalvo granted the Department of Homeland Security’s motion to dismiss based on the merits of the case on a final judgment issued on September 11^th, 2008. In his ruling, Judge Montalvo held that the waivers used by the Secretary of Homeland Security Michael Chertoff to expedite the construction of the border fence were constitutional because “…Congress constitutionally delegated its authority in the Waiver Legislation.” Judge Montalvo further ruled that the Waiver legislation did not violate the 10^th amendment because the waivers were issued with the intent to “preempt state and local laws, which would interfere with Congress’s objective to expeditiously construct the border fence.”

El Paso County Attorney José R. Rodríguez explained that, according to the law, the plaintiffs have 90 days to file an appeal before the U.S. Supreme Court. The law firm Mayer Brown LLP of Washington D.C., who is handling the litigation, is already working on the appeal, which the County Attorney will encourage El Paso Commissioner’s Court to join.

The lawsuit against the Department of Homeland Security was filed on June 23, 2008, and challenged Secretary Chertoff's statutory authority to issue a waiver of more than 30 federal laws, as well as any state and local laws related to such federal laws, to accelerate the construction of a border fence in El Paso County. # # #

Border Fence Lawsuit Dismissed Press Release.pdf

Border Fence Case Motion to Dismiss.pdf

Border Fence Case Final Judgement.pdf