A judge for the US District Court for the Southern District of California granted summary judgment [order, PDF] for the Trump administration Tuesday, allowing construction of a border wall between the US and Mexico to proceed.
Plaintiffs, including the Center for Biological Diversity, Defenders of Wildlife, Sierra Club, Animal Legal Defense Fund [advocacy websites], the state of California and the California Coastal Commission [official websites] had sought summary judgement and injunctive relief over waiver determinations issued by the Department of Homeland Security that regarded San Diego and El Centro as “high areas of illegal entry,” both which of needed replaced border fences, according to the Secretary of DHS.
Plaintiffs claimed that the Waiver Determinations were ultra vires and unconstitutional according to the Non-Delegation Doctrine, the Take Care Clause, the Presentment Clause, the First Amendment and the Tenth Amendment. Judge Gonzalo Curiel rejected these arguments, instead granted summary judgment for the defendants.
Trump called Tuesday’s ruling a “win,” but is still seeking funding to complete the border wall.