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Biden Wins Lawsuit Over Arizona's Makeshift Border Wall

AP Photo/Gregory Bull, File

Arizona's Republican Governor Doug Ducey has agreed to dismantle the makeshift wall his state had constructed along the U.S.-Mexico border out of shipping containers after the Biden administration ludicrously sued him for doing its job of maintaining a secure border. 


According to documents filed in U.S. District Court, Ducey is folding to the Biden administration's wishes in order "to avoid the United States moving for an immediate temporary restraining order and/or preliminary injunction" against Arizona. 

The agreement to avoid further legal action in the waning days of Ducey's administration states that Arizona will "maintain its cessation of activity on National Forest System lands within the Coronado National Forest for any purpose relating to installing shipping containers along the international border (where 'installing' includes, but is not limited to, movement of equipment, staging, roadwork, welding, and installation of concertina wire)."

In addition, "to the extent feasible and so as not to cause damage to United States’ lands, properties, and natural resources, Arizona will remove all previously installed shipping containers and associated equipment, materials, vehicles, and other objects from the United States’ properties" in the U.S. Border Patrol Yuma Sector and Coronado National Forest by January 4, 2023, the day before Democrat Governor-Elect Katie Hobbs is set to be sworn into office. 

As Townhall reported earlier this month, the Biden administration sued Ducey and his administration for constructing what the governor's office said was intended to be a temporary border barrier to wall off illegal immigrants until the Biden administration built a permanent solution. 

At the time the federal government filed its lawsuit, Ducey General Counsel Anni Foster said "Arizona and contractors stand ready to assist in the removal of the barriers, but the federal government owes it to Arizonans and all Americans to release a timeline on when construction will begin and details about how it will secure the border while construction is underway."


That, apparently, wasn't good enough for the Biden administration which pressed ahead with its legal action that sought to punish Arizona for doing the job President Biden refuses to do. The Biden administration still hasn't provided a timeline or a plan to secure the border with a permanent barrier, but the containers are coming down anyway. 

The grounds for Biden's lawsuit against Ducey — again, for doing what the federal government should be doing — were claims that Arizona was trespassing on federal property by constructing its makeshift barrier and that the temporary shipping container wall was damaging native plants and impeding the flow of streams.

In the eyes of the Biden administration, apparently, allowing deadly fentanyl and dangerous criminals into the United States is just fine, but rolling over some sage brush requires the full mobilization of the West Wing's legal team. 

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