Ambros-Marcial v. United States
- Case Date: 11/4/2003
- Project Name: Protecting America's Freedom: National Security and Defense
On July 13, 2005, the U.S. District Court for the District of Arizona rejected efforts by immigrants-rights groups to undermine border security measures, dismissing their suit against the U.S. for failing to establish water stations in the Arizona desert. The decision was a victory for WLF, which had filed a brief urging dismissal. WLF argued that although 100 or more aliens die in the Arizona desert from dehydration every year while attempting to cross the border illegally, making such crossings easier by establishing water stations would serve only to encourage more illegal immigration. The court held that the suit, a claim for damages filed by relatives of Mexicans who died in the Arizona desert, failed to state a valid legal claim. The court agreed with WLF that the Federal Tort Claims Act (FTCA) does not grant the federal courts jurisdiction over tort claims based on "discretionary functions" of the federal government -- such as a decision whether to install water stations.
More Information and Downloads:
11/4/2003: Download the Brief
Litigation Update: Court Rejects Challenge To Decision Blocking Water Tanks In Arizona Desert