The North American Butterfly Association's long-running lawsuit against the U.S. Department of Homeland Security may head to trial.

Executive Director Marianna Treviño-Wright filed the lawsuit after federal contractors accessed the butterfly center's property in 2017 without permission. The federal government claims the authority to patrol all land within 25 miles of the border without permission from property owners, but whether or not that authority extends to contractors — and what they can do on private property — is disputed.

On Tuesday, an appellate court determined the case could proceed to trial.

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