Chertoff issued 30 waivers last week, The New York Times reported. They involved a wide range of laws involving the protection of the environment, archaeological and Indian sites and even religious freedom.

"Criminal activity at the border does not stop for endless debate or protracted litigation," Chertoff responded in a news release.

Congress gave Chertoff the power to suspend laws that interfere with border security and also denied federal courts oversight over his decisions. That leaves the Supreme Court as the only recourse for the Sierra Club and Defenders of Wildlife.

The groups filed their lawsuit last year when Chertoff issued waivers of 19 laws he said would interfere with construction of a border fence in a national conservation area in Arizona.