The city of San Diego is suing the federal government for building razor wire fencing on city land near the Mexican border, arguing that the fence damages sensitive habitat and trespasses on city property.
The lawsuit, filed with the federal Southern District Court on Jan. 5, names the Department of Homeland Security and Department of Defense, along with Homeland Security Secretary Kristi Noem, Defense Secretary Pete Hegseth and other federal officials. It argues that U.S. Marines illegally entered city land in December and built fences in Marron Valley, east of Otay Mountain.
The fences caused “irreparable harm to protected plant and wildlife habitats, riparian areas, and vernal pools” the city argued, saying the fence blocks city access to the site and jeopardizes conservation programs designed to protect that habitat. The city is asking the court to halt any more fence construction and declare the city’s right to ownership and use of the land.
“The City of San Diego will not allow federal agencies to disregard the law and damage city property,” City Attorney Heather Ferbert said in a statement. “We are taking decisive action to protect sensitive habitats, uphold environmental commitments, and ensure that the rights and resources of our community are respected.”
The Department of Defense declined to comment, citing pending litigation. The Department of Homeland Security didn’t respond to questions from CalMatters, and neither agency has filed responses to the lawsuit yet.
The case represents a new front in California’s battle with the Trump administration over immigration enforcement and the role of federal power versus state and local authority.
The most high-profile conflicts have concerned the use of National Guard and active duty military in California cities. In December a federal judge ordered the National Guard to leave Los Angeles and return to Gov. Gavin Newsom’s control. Shortly afterward the Supreme Court blocked deployment of the National Guard in Chicago, effectively shutting down the administration’s appeals against California.
In this case the fight is over wildlands instead of urban neighborhoods.
___
This story was originally published by CalMatters and distributed through a partnership with The Associated Press.
By DEBORAH BRENNAN/CalMatters
CalMatters