Texas, Missouri Sue Joe Biden for Halting Construction of Border Wall

LA JOYA, TEXAS - JULY 01: An unfinished section of border wall is seen on July 01, 2021 in La Joya, Texas. Recently, Texas Gov. Greg Abbott has pledged to build a state-funded border wall as a surge of mostly Central American immigrants crossing into the United States continues to …
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Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt have filed a lawsuit against President Joe Biden for halting the construction of border wall along the United States-Mexico border.

On Thursday, Paxton and Schmitt dropped a lawsuit against Biden accusing the administration of unlawfully canceling border wall projects that were funded by Congress. Since taking office, Biden has repeatedly canceled border wall projects despite their being approved and funded by Congress.

An analysis from July found that the administration had wasted $2 billion in American taxpayer money to not continue constructing border wall. The lawsuit states:

This Complaint focuses on the President of the United States’ refusal to spend funds appropriated by Congress mandating the construction of a wall along the southwest border, and the Department of Homeland Security’s termination of contracts to perform work on construction projects to build the wall.

In 2018, DHS assessed the effectiveness of physical barriers on the southwest border in controlling illegal immigration and drug trafficking, and proclaimed: “Walls Work. When it comes to stopping drugs and illegal aliens from crossing our borders, walls have proven extremely effective.” DHS noted that border wall construction in one sector led to a 90 percent decrease in border apprehensions. [Emphasis added]

DHS has previously recognized the importance of the construction of the southwest border wall. Among other things, DHS’s prior assessment concluded that “Walls Work,” that border walls are highly effective in deterring and preventing illegal immigration and illegal drug trafficking across the southwest border, and that the construction of border barriers on the southwest border led to a 90 percent reduction in border apprehensions in the Yuma region in particular. [Emphasis added]

Discontinuing that construction through the January 20 Proclamation (and subsequent implementation by DHS) represents a sharp departure from DHS’s previous policy, and it constitutes a final agency action subject to judicial review. Among other things, the President’s Proclamation and DHS’s statements make clear beyond any possible doubt that DHS has no intention of expending a single penny of appropriated money for Congress’s stated purpose of actual “construction of barrier system along the southwest border.” [Emphasis added]

According to the lawsuit, Biden’s administration failed to “consider the costs of ending construction of the southwest border wall to the States.”

“It transparently failed to do so, having made its decision without seeking input from Texas and Missouri and without inquiring about the costs Texas and Missouri bear from illegal immigration,” the lawsuit states:

DHS failed to consider the States’ reliance interests in securing the southwest border. The Supreme Court in Regents required DHS to consider reliance interests, including States’ reliance interests, especially when it “changes course[.]” Here, DHS simply did not consider any of Missouri’s or Texas’ reliance interests, such as increased costs for providing social services, rendering DHS’s actions arbitrary and capricious. [Emphasis added]

The lawsuit asks, among other things, for the court to hold that Biden’s termination of border wall projects was unlawful and require the administration to spend appropriated funds on border wall construction, as it was intended by Congress.

“The Biden Administration’s flat refusal to use funds that have already been set aside by Congress to build the border wall is not only illegal and unconstitutional,” Paxton said in a statement. “It’s also wrong, and it leaves states like Texas and Missouri footing the bill.”

The case is Missouri v. Biden, No. 6:21-cv-00052 in United States District Court for the Southern District of Texas.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.


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