Environmental lawsuit against Biden for halting U.S. southern border wall can proceed, federal judge says

Construction crews install new border wall sections seen from Tijuana, Mexico., Jan. 9, 2019.

Judge Trevor McFadden said the federal district court has jurisdiction to hear the case, though he dismissed two of the Boston-area group’s 11 claims. The lawsuit argues the Biden administration violated federal environmental law when it halted construction of the wall, ended Trump's controversial “Remain in Mexico” asylum process, expanded refugee programs for Afghans, Central Americans and other populations, and eased certain policies for border patrol and immigration enforcement agents, among other measures.

Six people from Pennsylvania, Minnesota and Arizona who say they’ve dealt with the environmental consequences of federal immigration policy are also named as plaintiffs. Judge McFadden dismissed counts alleging the Homeland Security Department's instruction manual violates environmental law and that the Biden administration should have prepared a “programmatic” environmental analysis of its immigration-related actions. The next hearing is set for Sept. 29.

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