Gonzalo Curiel, an Indiana-born federal judge will hear arguments in a lawsuit that could block construction of a border wall with Mexico. President Donald Trump used the judge’s Mexican heritage to paint him as biased against him in 2016 court case because of his immigration stance.
Curiel is expected to hear arguments on a lawsuit from the state of California and advocacy groups that a border wall with Mexico must go through normal environmental reviews. That can delay the whole process, Associated Press reports. While the White House wants the judge to dismiss the challenges, wall opponents want him to rule in their favor.
The president has criticized the judge two years ago, when lawsuits against Trump University neared trial, suggesting that Curiel’s Mexican heritage meant he could not be impartial in the fraud cases. Gregory Vega, a former U.S. attorney in San Diego, said that the judge who had to leave his home and needed protection while prosecuting Mexican drug kingpins in the 1990s was unfazed by Trump’s criticism.
“He’s had a credible threat made on his life. I don’t think when he was called names, I don’t think that really bothered him,” said Vega, who is a longtime friend of Curiel.
The first lawsuit came from the Center for Biological Diversity. Afterwards, three other groups made the same move and California Attorney General Xavier Becerra was next. The judge consolidated all three cases into one.
The issue that is now being discussed is a 2005 law that gave the Homeland Security secretary broad powers to waive dozens of laws requiring environmental and other reviews, including the National Environmental Policy Act, Clean Air Act, and Endangered Species Act.
The reviews are time-consuming and subject to prolonged legal challenges, according to Associated Press. The White House has issued three waivers since August. The previous five waivers were issued by George Bush’s administration.
California and the groups contend the administration’s authority to waive environmental reviews expired. According to the Center for Biological Diversity, the 2005 law cannot reasonably be interpreted to exempt compliance with the waived laws in perpetuity. This state says that the powers expired ten years ago, but Trump administration says that they are still in effect and that Curiel or any other judge cannot overrule Congress.
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