Judge Curiel, attacked by Trump, rules border wall can proceed
A federal judge whom President Trump suggested would be biased against him because of the judge’s “Mexican” heritage sided with the administration Tuesday in a lawsuit over whether officials could move forward with expedited plans to build a border wall.
In a 101-page opinion thick with legalese, U.S. District Judge Gonzalo P. Curiel wrote that the government had the authority to waive environmental laws and proceed with its border wall.
Curiel wrote he was “aware that the subject of these lawsuits, border barriers, is currently the subject of heated political debate in and between the United States and the Republic of Mexico as to the need, efficacy and the source of funding for such barriers,” but that he could “not consider whether underlying decisions to construct the border barriers are politically wise or prudent.”
The ruling granting what is known as “summary judgment” is an unequivocal win for the Department of Homeland Security and Justice Department, though those who had sued to slow down construction said they would look to a higher court to intervene.
“We intend to appeal this disappointing ruling, which would allow Trump to shrug off crucial environmental laws that protect people and wildlife,” said Brian Segee, a senior attorney at the Center for Biological Diversity, one of the groups that was suing. “The Trump administration has completely overreached its authority in its rush to build this destructive, senseless wall. They’re giving unprecedented, sweeping power to an unelected agency chief to ignore dozens of laws and crash through hundreds of miles of spectacular borderlands. This is unconstitutional and shouldn’t be allowed to stand.”
Justice Department spokesman Devin O’Malley said, “Border security is paramount to stemming the flow of illegal immigration that contributes to rising violent crime and to the drug crisis, and undermines national security. Congress gave authority to the Department of Homeland Security to construct a border wall without delay to prevent illegal entry into the United States, and we are pleased DHS can continue this important work vital to our nation’s interests.”
Advocacy groups and the state of California had sued the administration over its border wall plans, arguing that the Department of Homeland Security was improperly relying on a years-old immigration law so it could ignore its obligations under other, environmental laws and put Trump’s vision into place quickly. The government argued the Homeland Security Secretary wide had latitude to waive other requirements to construct barriers to improve border security.
The case was interesting in its own right, as it threatened to delay Trump’s implementation of one of his signature campaign promises. The president is seeking is seeking $25 billion for enhanced border security, including hundreds of miles of new barrier construction. His proposal would extend the physical structure on the border by about 300 miles and replace another 400 miles with more formidable barriers. Right now, about 1/3 of the 2,000-mile U.S.-Mexican border has some kind of wall or fencing.
But the case was also notable for the judge deciding it. Curiel was the judge in an unrelated lawsuit against the now defunct Trump university, and Trump, on the campaign trail, had lashed out at him and noted his Mexican heritage.
Curiel’s parents were immigrants from Mexico. He was born in Indiana, a point he noted in his latest ruling.
“As fellow Indiana native Chief Justice Roberts observed in addressing a case surrounded by political disagreement: ‘Court[s] are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices,’” Curiel wrote.
Read the full story at The Washington Post.
U.S. Border Patrol officer Tekae Michael stands near prototypes of President Donald Trump’s proposed border wall in San Diego, Calif. (Frederic J. Brown/AFP/Getty Images)
U.S. Border Patrol officer Tekae Michael stands near prototypes of President Donald Trump’s proposed border wall in San Diego, Calif. (Frederic J. Brown/AFP/Getty Images)





