Tipsheet

'We'll See You in Court!': Missouri and Texas Sue to Force Biden Admin to Finish Building the Border Wall

Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton announced during a press conference along the U.S.-Mexico border in El Paso, Texas, on Thursday that they filed a lawsuit against the federal government to force them to finish building the border wall system. 

President Joe Biden ordered a halt to all border wall construction projects during his first day in office. Months later, the federal government moved to officially cancel all contracts, leaving gaps in the border wall system and unfinished technology components to the system. 

"The lawsuit argues that the Biden Administration's refusal to use appropriated funds to build the border wall is a violation of the separation of powers and the Take Care Clause of the Constitution, is arbitrary and capricious, and fails to spend appropriations mandated by the Consolidated Appropriations Act of 2020 and 2021," the Missouri Attorney General's office said in a press release. 

"The border wall needs to be built, the funds have been appropriated to continue to build the wall, and yet the Biden Administration outright refuses to do so," said Schmitt. "As Missouri continues to fight human trafficking, an unsecured border only worsens that scourge of human trafficking across the country and within Missouri's borders. Earlier this year, I sued the Biden Administration for their cancellation of the 'Remain in Mexico' policy and won at the district court, 5th Circuit Court of Appeals, and the United States Supreme Court. Missouri stands ready to hand the Biden Administration another loss. If Joe Biden continues to refuse to take the necessary steps to secure the border, Missouri will." 

"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. It's also wrong, and it leaves states like Texas and Missouri footing the bill," Paxton said. "I will not sit idly by while this Administration wreaks more havoc on our state. This is my seventh border security and immigration related lawsuit against President Biden and his lawless executive agencies. I won't rest until Texas is safe from the disaster he created and the disaster he continues to investigate."