City of San Diego files lawsuit against federal agencies after U.S. Marines constructed razor wire fence on protected city property without permission near border.
DULZURA, Calif. — The City of San Diego has filed a lawsuit against the federal government, alleging U.S. Marines unlawfully constructed a razor wire fence on city-owned land near the U.S.-Mexico border without permission or notice.
Aerial footage from Chopper 8 shows miles of concertina wire fence, bales of wire and vehicle tracks across city-owned land in Marron Valley, about an hour east of San Diego. The property has been owned by the city for over a century.
“City staff went down there and actually encountered the US Marines building the fence,” said City Attorney Heather Ferbert.
The city filed suit in U.S. District Court against the Department of Homeland Security, the Department of Defense and other federal agencies and officials, claiming the construction violates constitutional law and environmental protections that have been in place since 1997.
“We had no notice this was happening, and that’s part of what this lawsuit is about, there’s a process,” Ferbert said.
She says the disputed land is protected under a conservation agreement with the state of California, requiring the property remain untouched as environmentally sensitive habitat.
“We’ve committed contractually with the state of California that property will be untouched and protected as environmentally sensitive,” Ferbert explained.
According to the lawsuit, federal personnel disturbed endangered species habitat, including vernal pools, fair shrimp and protected bird species, with vehicle tracks, trash and equipment that now blocks city access to the property.
Ferbert described the damage observed by city staff: “There was like a plant split in half because something went through, either a person or a car.”
The lawsuit has not stopped construction. U.S. Marines were observed loading in all-terrain vehicles and accessing the road through a locked gate during a CBS 8 visit to the area.
The city is seeking an immediate halt to construction, removal of the barrier and restoration of property access.
The city says this isn’t about border security policy, it’s about whether the federal government can build on city property without permission, potentially violating environmental protections in place for nearly 30 years.
In a statement, a spokesperson for the epartment of Homeland Security said: “Under the Trump Administration we have the most secure border in American history. DHS will use every tool to defend the American people—and we look forward to challenging this lawsuit.”
Ferbert emphasized the constitutional issues at stake: “Just because it’s the federal government doesn’t mean they can ignore constitutional rights.”
The case was filed Monday in U.S. District Court for the Southern District of California.