U.S. District Judge Frank Montalvo, a G.W. Bush appointee, recently denied a preliminary injunction request aimed at preventing the construction of the Department of Homeland Security’s planned border fence that will stretch approximately 100 miles from Columbus, New Mexico, to Fort Hancock, Texas. The request was filed by the City and County of El Paso, Texas, a local Indian tribe, and various environmental groups.
The losing side was headed by El Paso County Attorney José R. Rodriguez, a board member of the Mexican American Legal Defense and Education Fund (MALDEF). They unsuccessfully argued that Congress unconstitutionally granted DHS the authority to waive various laws in the construction of the fence.
Rodriguez is considering appealing to the U.S. Supreme Court. “The case is not over yet,” he says.