A Texas county filed an appeal with the U.S. Supreme Court this week in the latest bid to stop construction of hundreds of miles of fencing along the U.S.-Mexico border.
In asking the court to review a lawsuit previously dismissed by a federal court judge, lawyers for El Paso County contend that U.S. Homeland Security Secretary Michael Chertoff overstepped his legal authority when he waived 37 federal laws that could have slowed or blocked construction of fencing along the border.
Attorneys for the county also allege that Chertoff violated the 10th Amendment, which grants states the right to enforce laws neither prohibited by nor delegated to the federal government.
Congress authorized the fence to help secure the border and slow illegal immigration, and then gave Chertoff the power to waive the federal laws in 2005.
Previous legal challenges to the waiver authority, which includes a lawsuit by several environmental groups in San Diego, failed to gain traction in courts. The Supreme Court also declined to hear border fence challenges.
El Paso County Attorney Jose Rodriguez said Wednesday he believed the 10th Amendment protects the county and other jurisdictions from Chertoff's action.
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