News
July 13, 2025

Arizona Border Wall Waiver Draws Lawsuit

Caroline Raffetto

TUCSON, Ariz. (13 News) — A fresh legal battle is brewing in Arizona’s borderlands as environmental advocates try to halt plans for more border wall construction in the state.

The Center for Biological Diversity, joined by Conservation CATalyst and other groups, filed a lawsuit challenging Homeland Security Secretary Kristi Noem’s recent move to bypass three dozen federal protections to extend the border barrier through Arizona’s San Rafael Valley.

"Broadly, this lawsuit challenges the federal government’s unconstitutional power grab," said Russ McSpadden, southwest conservation advocate for the Center for Biological Diversity.

Secretary Noem’s waiver aims to speed up building through a corridor that conservationists say is vital for wildlife like the endangered jaguar and rare ocelot, which are known to roam across the Mexico-Arizona border.

"What they’re saying is these laws don’t matter, building this border wall as fast as possible matters more than American law," McSpadden said, adding that the waiver overrides the Endangered Species Act, the National Environmental Policy Act, and dozens of other laws that Congress enacted to protect public lands and wildlife.

Local ranchers and some residents, however, say finishing the wall is overdue. They point to reduced illegal crossings under the Trump administration and back DHS’s position that national security laws like the Illegal Immigration Reform and Immigrant Responsibility Act and the Real ID Act give the agency the authority to act quickly.

"DHS is trying to sidestep environmental and public protection laws to rush border construction, and this is through one of the most ecologically important corridors in North America," McSpadden said.

The lawsuit names Secretary Noem, DHS, and U.S. Customs and Border Protection as defendants. The groups are seeking an injunction to halt any new construction while the case proceeds in court.

Wildlife at Risk

The San Rafael Valley and nearby Huachuca Mountains are among the last U.S. habitats for roaming jaguars and ocelots. Trail cameras recently documented an ocelot in the region and an eighth known jaguar sighting in the Southwest in three decades.

Legal Argument

Environmental lawyers argue that Congress never intended for national security waivers to permanently override bedrock environmental laws — and that waiving 30 statutes sets a dangerous precedent for bypassing democratic checks and balances.

Broader Significance

This lawsuit highlights a long-running tension at the U.S.-Mexico border: how to balance national security, immigration enforcement, and the protection of fragile desert ecosystems that are home to rare species.

What’s Next

If the injunction is granted, wall construction could pause until the courts decide whether DHS exceeded its authority. A ruling against the waiver could influence future border wall plans in other parts of the Southwest.

Community Divide

Some borderland communities say the wall brings safety, while others fear damage to cross-border cultural ties, wildlife migration, and local ecotourism that depends on intact desert landscapes.

Originally reported by J.D. Wallace in KOLD.

News
July 13, 2025

Arizona Border Wall Waiver Draws Lawsuit

Caroline Raffetto
Construction Industry
Arizona

TUCSON, Ariz. (13 News) — A fresh legal battle is brewing in Arizona’s borderlands as environmental advocates try to halt plans for more border wall construction in the state.

The Center for Biological Diversity, joined by Conservation CATalyst and other groups, filed a lawsuit challenging Homeland Security Secretary Kristi Noem’s recent move to bypass three dozen federal protections to extend the border barrier through Arizona’s San Rafael Valley.

"Broadly, this lawsuit challenges the federal government’s unconstitutional power grab," said Russ McSpadden, southwest conservation advocate for the Center for Biological Diversity.

Secretary Noem’s waiver aims to speed up building through a corridor that conservationists say is vital for wildlife like the endangered jaguar and rare ocelot, which are known to roam across the Mexico-Arizona border.

"What they’re saying is these laws don’t matter, building this border wall as fast as possible matters more than American law," McSpadden said, adding that the waiver overrides the Endangered Species Act, the National Environmental Policy Act, and dozens of other laws that Congress enacted to protect public lands and wildlife.

Local ranchers and some residents, however, say finishing the wall is overdue. They point to reduced illegal crossings under the Trump administration and back DHS’s position that national security laws like the Illegal Immigration Reform and Immigrant Responsibility Act and the Real ID Act give the agency the authority to act quickly.

"DHS is trying to sidestep environmental and public protection laws to rush border construction, and this is through one of the most ecologically important corridors in North America," McSpadden said.

The lawsuit names Secretary Noem, DHS, and U.S. Customs and Border Protection as defendants. The groups are seeking an injunction to halt any new construction while the case proceeds in court.

Wildlife at Risk

The San Rafael Valley and nearby Huachuca Mountains are among the last U.S. habitats for roaming jaguars and ocelots. Trail cameras recently documented an ocelot in the region and an eighth known jaguar sighting in the Southwest in three decades.

Legal Argument

Environmental lawyers argue that Congress never intended for national security waivers to permanently override bedrock environmental laws — and that waiving 30 statutes sets a dangerous precedent for bypassing democratic checks and balances.

Broader Significance

This lawsuit highlights a long-running tension at the U.S.-Mexico border: how to balance national security, immigration enforcement, and the protection of fragile desert ecosystems that are home to rare species.

What’s Next

If the injunction is granted, wall construction could pause until the courts decide whether DHS exceeded its authority. A ruling against the waiver could influence future border wall plans in other parts of the Southwest.

Community Divide

Some borderland communities say the wall brings safety, while others fear damage to cross-border cultural ties, wildlife migration, and local ecotourism that depends on intact desert landscapes.

Originally reported by J.D. Wallace in KOLD.