Arizona Attorney General Mark Brnovich has filed a suit in federal court in which he claims that Biden’s immigration policy has violated the National Environmental Policy Act (NEPA).

Brnovich’s complaint alleges that Biden should have filed environmental impact statements before increasing population growth in the State of Arizona by halting Trump’s border wall construction and ending his Migrant Protection Protocols (MPP) — commonly known as the “Remain in Mexico” policy.

NEPA’s environmental assessment requirements do apply to population growth; in fact, Congress was “particularly” concerned about “the profound influences of population growth” on the environment when it wrote the NEPA requirements.

Moreover, Ninth Circuit courts have been holding that federal government actions that cause population growth may require an environmental impact statement at least since 1975.

If Brnovich prevails, which may be possible, Biden would have to resume border wall construction and reinstate the MPP.

Legal basis for Brnovich’s suit

NEPA requires federal agencies to evaluate the impact of all major federal actions that may significantly affect the quality of the human environment and to issue an environmental impact statement for the ones that would.


Published originally on The Hill.
Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow him at