WASHINGTON, D.C. — While Presidential candidate Kamala Harris told Fox News she would follow the law, the Biden administration failed to follow and continues to ignore the National Environmental Policy Act (NEPA) as it implements immigration policies that have led to a surge in unauthorized migrants.
Despite environmental and social impacts linked to the increased population, neither the administration nor its critics have invoked NEPA. The Republican Party, which frequently challenges the administration’s immigration policies, has yet to file any lawsuits under NEPA, or even discuss the failure of a Democrat president ignoring the nation’s environmental law. NEPA is a powerful tool that has and can block or delay federal actions.
One private organization recently filed a NEPA action on behalf of a Texas farmer.
NEPA The Nations Environmental Law
NEPA requires federal agencies to conduct environmental reviews before implementing any major federal actions. This includes assessing not only the physical environmental impacts but also the social and cultural consequences of policy changes. The failure to conduct such reviews on immigration policies, particularly the rollback of the “Remain in Mexico” policy, may represent a significant legal oversight.
Changes in immigration policy since 2020 have led to an influx of unauthorized migrants, which in turn has created immense pressure on housing, water resources, and energy infrastructure. This has a direct environmental impact, yet the Biden administration has not prepared a full Environmental Impact Statement (EIS) as required under NEPA for major federal actions.
No One Knows How Many Are Living In U.S. Illegally: Numbers are just estimates
Pew Research Center estimated the number of those living in the U.S. illegally at 11 million as of 2022 and states in a 2024 report that the number is likely significantly higher. “These new estimates do not reflect events since mid-2022. The U.S. unauthorized immigrant population has likely grown over the past two years, based on several alternative data sources. For example, encounters with migrants at U.S. borders reached record levels throughout 2022-23, and the number of applicants waiting for decisions on asylum claims increased by about 1 million by the end of 2023.”
“These new estimates do not reflect events since mid-2022. The U.S. unauthorized immigrant population has likely grown over the past two years, based on several alternative data sources. For example, encounters with migrants at U.S. borders reached record levels throughout 2022-23, and the number of applicants waiting for decisions on asylum claims increased by about 1 million by the end of 2023.”
Pew Research Center
Environmental Impact of Immigration Surge
The need for new housing is one of the most significant consequences of this surge. An estimated 4.38 million homes are needed to accommodate the increased population. To build these homes, approximately 963,854 acres of land would be required. Building such a vast number of houses would likely lead to deforestation, habitat destruction, and loss of agricultural land. Normally, such projects would require a detailed environmental review, but no EIS has been conducted for this population-driven housing demand.
The strain on water resources is another major issue. The additional population is projected to need 1.25 trillion liters of water annually, which would require 328,241 water storage facilities, each with a capacity of 3.8 million liters. This demand is particularly concerning in states like California, where water shortages are already a significant issue. In California alone, home to around 1.85 million unauthorized immigrants, over 53,000 water storage facilities or equivalent resources would be necessary to meet the demand.
On the energy front, the population growth has led to a need for 136.7 billion kWh of electricity per year, or about 3.3% of the U.S.’s total electricity generation. If the administration relies on solar energy to meet these needs, it would require 341,730 acres of solar panels. The land use implications of such large-scale renewable energy projects have yet to be reviewed under NEPA.
Media Silence on Environmental Oversight
Despite these clear environmental consequences, mainstream media outlets have largely ignored the issue. Major news organizations like The New York Times, CNN, and MSNBC, ABC, NBC, and CBS all known for covering environmental topics, have not addressed the Biden administration’s failure to follow NEPA in relation to immigration policy.
The media’s focus has remained on the political and humanitarian aspects of immigration without considering the broader environmental impacts or cultural impacts to U.S. citizens.
This silence is surprising given the Democratic Party’s strong emphasis on environmental protection. NEPA is a cornerstone of U.S. environmental law, and it is used to ensure that federal agencies consider the environmental consequences of their actions.
Yet, neither environmental advocacy groups nor media outlets aligned with environmental causes have questioned the administration’s decision to proceed without proper environmental review.
Why NEPA Matters
NEPA was designed to ensure that major federal actions are carefully reviewed for their environmental, social, and cultural impacts before they are implemented. Typically, when large-scale projects like housing developments, energy production expansions, or transportation infrastructure upgrades are proposed, NEPA requires a thorough environmental review process, including an EIS. This review helps to mitigate environmental harm and ensures that all alternatives are considered.
The Biden administration’s immigration policies, which have significantly increased the country’s population, clearly fall under the “major federal actions” category. By failing to conduct an EIS, the administration risks ignoring the environmental consequences of its policies.
The omission of an EIS also raises questions about the social and cultural impacts of this population surge. Rapid population growth without adequate planning can strain local law enforcement, health care services, and education systems. These social consequences are often part of NEPA reviews, but in this case, they have been left unexamined.
GOP Fails to Use NEPA
While conservative media outlets, such as Fox News, regularly criticize the Biden administration’s handling of immigration, they too have overlooked NEPA’s potential as a legal tool. Republicans, who frequently oppose the administration on both immigration and environmental issues, have not filed any NEPA-based lawsuits. This is notable given NEPA’s history of being used to halt or delay federal projects, including those related to infrastructure and energy.
Republican lawmakers have had success in challenging federal actions through NEPA in the past. They have used the law to slow down or stop projects they believe harm the environment or infringe on states’ rights. However, they have not employed this strategy against the Biden administration’s immigration policies, despite the clear environmental consequences.
The failure to use NEPA as a legal challenge suggests that Republican opposition to the Biden administration’s immigration policies may be more rhetorical than substantive. It is an omission that leaves a significant legal opportunity unexplored, especially as environmental concerns and population growth increasingly intersect.
Republican lawmakers are often accused by the opposition of using illegal immigration as a campaign tool while not really wanting to fix the problem. In the past, despite running on fixing illegal immigration, when Republicans have held all levers of power, they have done nothing to curtail the illegal immigration problem.
Social and Cultural Consequences
In addition to the environmental impacts, the increase in population from unauthorized migration also brings social and cultural challenges that NEPA requires agencies to consider. The sudden growth in population places pressure on schools, hospitals, and local governments that are already struggling with budget constraints. The law also mandates an analysis of how these pressures could affect public safety, cultural assimilation, and religious freedom.
Local law enforcement agencies in areas with high numbers of new residents may struggle to keep pace with rising demands. In regions already facing economic challenges, this additional strain could lead to an increase in crime rates. Public services, including health care and education, are also expected to bear the brunt of rapid population growth, further stretching resources in underserved areas.
Culturally, the rapid influx of new residents from diverse backgrounds may lead to tensions in communities unprepared to integrate such a large number of newcomers. NEPA mandates that the government assess how such population shifts could affect social cohesion and the protection of religious freedoms, but again, no such analysis has been conducted.
Impact on Net-Zero Goals
The Biden administration has set ambitious climate goals, including achieving net-zero emissions by 2050. However, the additional population from unauthorized migration makes these goals even harder to reach. The increased demand for energy, transportation, and housing infrastructure will raise overall emissions, requiring deeper cuts from U.S. citizens and businesses to offset the growing population’s carbon footprint. The construction of millions of new homes, roads, and energy infrastructure, combined with increased water usage, will create new emissions that will need to be offset to stay on track with net-zero goals【59†source】【61†source】.
While the administration aims to decarbonize the U.S. economy, adding a significant number of new residents complicates the process. To maintain momentum toward net-zero emissions, existing residents may be required to make even greater sacrifices in energy usage, transportation, and housing efficiency. This increased burden raises questions about whether the administration has fully considered the implications of its immigration policies on its climate agenda.
The Path Forward
As the Biden administration’s immigration policies continue to be implemented, the legal challenge based on NEPA remains a significant possibility. Legal experts argue that the environmental and social consequences of these policies clearly fall under NEPA’s jurisdiction, and the administration’s failure to conduct the necessary reviews could lead to lawsuits that challenge the legitimacy of these policies.
However, until either environmental advocacy groups or political opponents decide to pursue a NEPA-based legal challenge, the Biden administration’s immigration policies will continue to move forward without the necessary environmental and social review. The media’s silence on this issue, particularly outlets that traditionally cover environmental topics, only serves to obscure a critical legal and environmental question.
The question remains: how long will the Biden administration be able to avoid NEPA’s requirements before someone decides to challenge them?
References:
- Single-Family Build Time Trends Upward – Eye on Housing
- Water Use and Conservation – U.S. Energy Information Administration
- Electricity Generation Capacity – Public Power Association
- Undocumented Immigrants in California – Public Policy Institute of California
- Housing Needs in the U.S. – New Home Source
- The Math
- What A NEPA lawsuit could look like
- Center for Immigration Studies – Landmark NEPA Case
- United States District Court For District of Columbia – Case can continue Memorandum and Order
Stay tuned for updates on this developing story as the legal implications of the Biden administration’s immigration policies and their environmental impacts continue to unfold.