CORRECTED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA State of Arizona, Plaintiff, v. Alejandro Mayorkas in his official capacity as Secretary of Homeland Security; United States Department of Homeland Security; Troy Miller in his official capacity as serves as Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection; Tae Johnson in his official capacity as Senior Official Performing the Duties of Director of U.S. Immigration and Customs Enforcement. Defendants.

 

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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

State of Arizona, Plaintiff, 

v.

Alejandro Mayorkas in his official capacity as Secretary of Homeland Security; United States Department of Homeland Security; Troy Miller in his official capacity as serves as Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection; Tae Johnson in his official capacity as Senior Official Performing the Duties of Director of U.S. Immigration and Customs Enforcement. Defendants. 

CORRECTED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

No. 2:21-cv-00617-DWL 

INTRODUCTION

This is an action challenging Defendants’ pervasive violations of the National Environmental Policy Act of 1969 (“NEPA”) as it relates to immigration policy. Although those immigration policies undeniably have significant effects on the environment, Defendants have not even attempted to comply with NEPA. 

CLAIM FOR RELIEF 

NEPA Violations

68. The allegations in the preceding paragraphs are reincorporated herein. 

69. Population growth in the State of Arizona is the reasonably foreseeable, direct, and proximate result of the Defendants actions, individually and when considered collectively along with all past, present and reasonably foreseeable future actions. 

70. Population growth has significant environmental effects within the State, which Defendants were required to analyze under NEPA. 

 71. Each of the actions had other significant environmental effects which DHS similarly failed to consider. In particular, Defendants have not prepared either an EIS or EA to study the pertinent environmental effects. 

72. In taking the above-referenced major federal actions without conducting any sort of environmental analysis, Defendants have taken final agency actions that are arbitrary, capricious, and otherwise not in accordance with law, or without observance of procedure required by law, within the meaning of the Administrative Procedure Act. 5 U.S.C. § 706(2). As such, Defendants’ actions should be held unlawful and set aside. Id. 

PRAYER FOR RELIEF

Plaintiff respectfully request that this Court enter judgment: 

 A. Declaring that Defendants have violated NEPA by halting the construction of the border wall in Arizona and by processing migrants into the United States who were and who would have been covered by the MPP without preparing an EIS or EA; 

B. Enjoining Defendants from continuing to take actions, including diverting and impounding appropriated funds, to prevent the continuation of construction of border wall under contracts already entered into by the United States until such time as Defendants comply with NEPA; 

C. Enjoining Defendants any further from processing migrants into the United States, who were and who would have been covered by the MPP until such time as Defendants comply with NEPA; 

D. Enjoining Defendants to secure the border in Arizona to the satisfaction of this Court to prevent additional unlawful migration until such time as Defendants comply with NEPA; 

E. Awarding Plaintiff costs of litigation, including reasonable attorneys’ fees, under the Equal Access to Justice Act, 28 U.S.C. § 2412; and 

F. Granting any and all other such relief as the Court finds appropriate. 

RESPECTFULLY SUBMITTED this 11th day of April, 2021. 

MARK BRNOVICH
ATTORNEY GENERAL

REFERENCE: 

Arizona Attorney General Mark Brnovich Attorney General Mark Brnovich Sues Federal Government Over Environmentally Harmful Immigration Decisions
Monday, April 12, 2021