Court Orders DHS to Build the Border Wall – Indirectly

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Update: Attorney General Andrew Bailey has obtained an injunction that prevents the US Government from using the border wall funds for anything other than building a new border wall. This allows Texas to continue to access federal funding to build the wall.

Andrew Bailey learned that the administration has not appealed the order and the last day to appeal it was yesterday.

The Report

According to a press release, Missouri Attorney General Andrew Bailey obtained a court order forcing the Biden Administration to use congressionally appropriated funds to construct a barrier along the southern border.

“The Biden Administration has failed to abide by the law to finish the construction of a wall along the southwest border,” said Attorney General Bailey. “Joe Biden refuses to carry out his constitutionally mandated responsibilities, so we took him to court to force him to do his job. This is a huge step forward in the fight to secure our border at a key moment in our nation’s history.”

The Biden-Harris administration won’t build the wall directly, but they can’t use the funds for anything else. It allows Texas to continue access federal funds to build the wall.

In FY 2020, Congress passed a law explicitly requiring the President to construct barrier systems at the southern border to keep unauthorized individuals out of our country. The law provided $1.4 billion to build the border wall and explicitly stated the money “shall only be available for construction of barrier systems along the southwest border.” The Biden Administration refused to comply with Congress’ command.

When asked why the Biden Administration “did not build a barrier, such as a wall, to keep migrants out,” it replied that “[i]t is not the policy of this administration” because “[w]e do not agree with the building of a wall.” DHS expressed its intention to “end wall expansion.”

DHS tried to say Bailey didn’t have standing. It didn’t work.

The government was ordered to build the wall.


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