Washington, D.C. (September 30, 2024)— In a landmark decision, a federal judge ruled that the Department of Homeland Security (DHS) violated the National Environmental Policy Act (NEPA) by failing to conduct the required environmental analysis of its immigration-related actions, which have significantly increased border crossings.
The case, Massachusetts Coalition for Immigration Reform v. Department of Homeland Security, marks the first time DHS has been held accountable under NEPA for neglecting to assess the environmental impacts of its immigration policies. NEPA mandates that any federal agency considering a “major Federal action” must evaluate its “environmental effects.”
“This ruling represents a victory for American citizens harmed by the Biden-Harris administration’s open-border policies and reinforces the requirement for environmental reviews in federal policy-making,” said Julie Axelrod, the Center’s Director of Litigation in charge of the case. “It is astonishing that no major environmental group took action on this, but the Center was proud to step in and lead the charge.”
Key findings of the case include:
- Violation of NEPA: DHS failed to assess the environmental impacts of terminating key border security measures, such as the U.S.-Mexico border wall and the Remain in Mexico policy.
- Expert Testimony: Border experts – former Acting Commissioner of Customs and Border Protection Mark Morgan and former Chief of the Border Patrol Rodney Scott – testified that the removal of these policies directly contributed to the border crisis and had significant environmental consequences.
- Court Ruling: U.S. District Judge Trevor McFadden ruled that DHS is not exempt from following environmental laws when dealing with immigration issues.
- The case will now move forward to determine appropriate remedies, with briefings scheduled for later this year.
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