Defenders Magazine
Defenders Magazine
Defenders in Action: Border Wall Crosses the Line
Defenders of Wildlife is suing the Bush administration over its refusal to consider sensitive habitat and species in its haste to build a wall along the U.S. border with Mexico. Defenders, along with the Sierra Club, filed a complaint in a U.S. district court in November calling the administration's attempt to waive U.S. environmental laws unconstitutional.
The move follows a decision by Homeland Security Secretary Michael Chertoff to continue building the wall even after a judge ordered a temporary halt to construction in Arizona's San Pedro National Conservation Area until the wall's impact on wildlife and public lands can be assessed. Under the REAL ID Act, passed in 2005, Chertoff has the authority to waive U.S. laws to expedite construction of barriers along the border. Defenders of Wildlife and the Sierra Club condemned Chertoff's move as short-sighted, arguing that by delegating the power to pick and choose which laws will apply to border wall construction, Congress has unconstitutionally given away its lawmaking responsibilities to a politically appointed executive branch official who is not accountable to the American public.
"The issue here is whether wildlife and other sensitive environmental values will be given fair consideration in the decisions the government makes," says Robert Dreher, vice president for conservation law for Defenders of Wildlife. "In the past, Secretary Chertoff himself has acknowledged the border wall's inherent failures, and yet he still chose to bypass our nation's laws to plow forward with the administration's destructive, ineffective plan."
The San Pedro River is one of the last free-flowing rivers in the southwestern United States, and its natural beauty and diverse wildlife attract visitors from around the globe. The conservation area through which it runs has been designated as a World Heritage Natural Area by the United Nations World Heritage program. Some 250 species of migratory birds have been recorded in the area.
"The secretary's action was a clear and unprecedented abuse of authority and demonstrated a profound disregard for the system of checks and balances assured in our constitution," adds Defenders' President Rodger Schlickeisen.
Defenders is backing a bill introduced by U.S. Rep. Raúl Grijalva (D-Ariz.) that would secure America's border with Mexico while reducing the impact on local communities and the environment. Grijalva's Borderlands Security and Conservation Act of 2007 would amend existing immigration and border security laws, including REAL ID and the Secure Fence Act, to help alleviate the impacts of border enforcement activities on public lands, wildlife and borderland communities.
Get more information about Defenders' border policy.













