October 4, 2024
Judge Sides with Arizona Ranchers Against Biden-Harris Admin, Rules Border Wall Reversal Broke Federal Law
by Jack Davis
WesternJournal.com
The Biden-Harris administration has suffered a setback in court in its efforts to sweep aside objections from two Arizona ranchers who claimed stopping construction of the border wall led to environmental damage.
The ruling from U.S. District Court Judge Trevor McFadden, a Trump appointee, supported allegations from ranchers Steven Smith and Gail Getzwiller that the administration violated the National Environmental Policy Act by halting wall construction, according to Newsweek.
McFadden said the Biden administration “repeatedly flouted long-standing environmental law” in its “haste to reverse its predecessor’s border policies,” leading ranchers to suffer environmental damage.
“Presidential administrations enjoy significant discretion in the enforcement of our Nation’s immigration laws and protection of our borders. But this latitude does not license violations of other laws,” McFadden wrote, according to Fox News.
Smith “suffered concrete and particularized injuries” McFadden wrote.
Court documents noted that Smith demonstrated in court that litter left by illegal immigrants was harming his cattle, and that they were taking water meant for his cattle.
“While this may aid thirsty trespassers, it causes Smith to lose ‘thousands and thousands of gallons of water,’ which ‘can take [him] days and days and days to regain,” court documents said.
“In sum, the Court finds that Smith suffered tangible harms that were caused by an influx of illegal immigrants,” McFadden wrote, according to Newsweek. “The Court fully credits Smith’s testimony in general, and his descriptions of these tangible harms in particular.
The judge ruled that Smith was entitled to relief after illegal immigrants “trespassed onto his land, stole his water, and trashed his property.”
“At trial, Smith proved as a matter of fact that his harms traced to migrants who reacted predictably to DHS’s decisions,” the ruling reads.
The government had tried to have those claims rejected, but failed.
“The Court therefore rejects each of the Government’s arguments,” the judge wrote in a 2023 ruling that ended the government’s efforts to throw out the case.
In a deposition, Smith had stated what he was facing.
“My very way of life is under threat. As a rancher, sustainability is essential. We know that we must take care of and conserve the land, or it would not be a resource for future generations. All this crossing damages the land so much. The cattle are too stressed to thrive. Having the threat of border crossers is almost like having another predator in the local ecosystem,” he said.
“I love the land, and I will always ranch the land here. I have an abundant amount of faith, and I believe that I do it for the purpose of honoring God. He gave us dominion over the land to take care of it, and I believe that it is up to me to keep the area cleaned up and to be a steward of the earth. I am responsible for this land,” he wrote.
“When President Trump was first elected, the border was absolutely quiet, like I have never seen it in my 35 years of life,” the deposition said.
“At the beginning of the Trump Administration, I did not feel the constant threat of running into trouble, often in the form of cartel members, that I do when the border is uncontrolled,” Smith said.
But under Biden, he wrote, “Men with what we think must be gang tattoos on their faces can show up, and break into our house at any time, and we witness drug smugglers packing dope going through our property. It is hard and stressful, and it certainly affects the quality of our lives and our enjoyment of our home and the land around us on a daily basis.
“My wife is often, quite reasonably, scared to death, and I am always concerned for her.”
http://www.westernjournal.com/judge-sides-arizona-ranchers-biden-harris-admin-rules-border-wall-reversal-broke-federal-law/
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