A Texas county has filed an appeal with the U.S. Supreme Court in the latest bid to stop construction of hundreds of miles of fencing along the U.S.-Mexico border.
Lawyers for El Paso County say that U.S. Homeland Security Secretary Michael Chertoff overstepped his legal authority when he waived 37 federal laws that could have slowed or blocked construction of fencing along the border.
Attorneys for the county also allege that Chertoff violated the 10th Amendment. It grants states the right to enforce laws that are neither prohibited by the federal government nor delegated to it.
Congress authorized the fence to help secure the border. It gave Chertoff the power to waive the federal laws in 2005. Homeland Security officials say they expect to prevail.
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