It is a no-go for an appeal submitted to The US Supreme Court (SCOTUS) to overturn a lower court’s ruling. SCOTUS refused to review a lawsuit against the Department of Homeland Security (DHS) which alleged that the agency was negligent in its duties to protect the environment in relation to the large population of Deferred Action for Childhood Arrivals (DACA) recipients. This ruling not only impacts New Jersey but all US states.
The Gavel Comes Down Hard
Three groups, including Californians for Population Stabilization (CAPS), petitioned SCOTUS to review their lawsuit which had already been dismissed by the 9th U.S. Circuit Court of Appeals (Ct. App.). Represented by the Center for Immigration Studies’ Julie Axelrod, the original lawsuit suffered a swift defeat in a San Diego federal courtroom, followed by a repeat performance in the 9th Ct. App. The panel contended that the “plaintiffs lacked legal standing to bring the claims.”
SCOTUS agreed with the previous court’s decision to dismiss CAPS lawsuit and declined any further review. The lawsuit alleges that DHS violated the National Environmental Policy Act (NEPA) by failing to take comprehend how the DACA program negatively impacts the environment among other immigration policies with which they contend. The lawsuit alleges that, under NEPA regulations, such a review is required for large-scale programs such as DACA.
DACA is the brainchild of former President, Barack Obama, and was implemented in 2012. The program allowed migrants who came to the US as children to temporarily live and work in the US without the threat of deportation.
The Issue is Not Going Away Anytime Soon
Despite the defeat, the fight is not over. The Arizona Attorney General has opted to join the fray by claiming that Biden’s immigration policies will not only override Trump’s but contribute to environmental hazards. He sued DHS in a Phoenix federal court claiming that the large numbers of internationals migrating to his state will harm the environment. His case remains before the court.
