Lawsuit Using Environmental Law Against Biden Immigration Policies Can Proceed: Judge

Most claims not dismissed, including border wall claim

A Border Patrol agent drives a van between a gap along the border wall between the United States and Mexico in Yuma, Ariz., on June 1, 2022. Patrick T. Fallon/AFP via Getty Images

A federal judge in Washington says a lawsuit that relies on the National Environmental Policy Act (NEPA) to challenge Biden administration actions on immigration can proceed, marking an unmatched, if still early, success for the use of environmental law against illegal immigration.

U.S. District Judge Trevor McFadden, a Trump appointee, ruled on Aug. 11 (pdf) that his court has jurisdiction over the case.