Federal Judge Rules Biden Administration Violated Environmental Law in Halting Border Wall Construction

A federal judge ruled in favor of Arizona rancher Steven Smith, who argued that the Biden administration’s abrupt halt to border wall construction in 2021 violated environmental laws. Smith, along with other plaintiffs in the case Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security, challenged the Department of Homeland Security (DHS) for failing to follow the National Environmental Policy Act (NEPA) when reversing key Trump-era policies.

The lawsuit claimed that DHS did not perform the required environmental assessments before stopping the border wall, which had negative consequences for Smith and others along the southern border.

NEPA requires federal agencies to conduct environmental reviews before taking actions that could impact the environment. The plaintiffs argued that DHS neglected this obligation, particularly in halting the construction of the border wall and ending other border policies like the “Remain in Mexico” program.

U.S. District Court Judge Trevor McFadden, appointed by former President Trump, ruled after a two-day trial that Smith had been directly harmed by the Biden administration’s failure to follow NEPA protocols. This ruling highlighted the link between the government’s immigration policies and environmental issues on the rancher’s land.

Smith testified that since President Biden took office, illegal migrant activity on his ranch had increased significantly. He described frequent encounters with migrants, who were leaving trash behind on his property, which had harmful effects on the environment and his cattle.

Smith argued that the litter posed a risk to his livestock, who were consuming it, and that the environmental damage caused by increased migrant traffic was a direct result of the policy shifts under the new administration.

Water scarcity was another major concern for Smith, who testified that migrants were taking water from his troughs, depriving his cattle and wildlife of the limited resource. He estimated that “thousands and thousands of gallons” of water were lost, taking days to replenish. This loss of water further exacerbated the challenges on his ranch, contributing to his claim that DHS’s actions were negatively affecting his livelihood and the environment.

In his ruling, Judge McFadden determined that Smith had suffered concrete harm, including trespassing, water theft, and property damage, as a result of increased migrant activity linked to DHS’s decisions.

The judge concluded that Smith was entitled to relief, emphasizing that these harms were predictable outcomes of the administration’s decision to halt the border wall and reverse other immigration policies without conducting the necessary environmental reviews.