ELR Citation: 51 ELR 20140
No(s). 20-55777 (9th Cir. Jul 19, 2021)

The Ninth Circuit affirmed judgment for the Department of Homeland Security (DHS) in a challenge to the Department's implementation of the Deferred Action for Childhood Arrivals (DACA) program and other immigration programs and policies. Plaintiffs argued DHS violated NEPA by failing to consider the environmental impacts of 33 actions that allowed the "entry and settlement of a myriad of foreign nationals in the United States," causing population growth that harmed the environment. A district court ruled in favor of DHS, finding that plaintiffs lacked standing to challenge many of the Department's immigration decisions. The appellate court agreed, finding that plaintiffs lacked standing to challenge the DACA program, the Department's Categorical Exclusion A3 (CATEX A3), its application of CATEX A3 to four DHS actions, and its issuance of EAs and FONSIs in August 2014. It therefore affirmed the judgment of the district court.