Texas has secured another legal victory over the Biden administration, this time in a lawsuit that mandates the completion of the border wall. This decision comes as a significant win for the state in its efforts to curb illegal immigration and secure its borders.
On May 29, a ruling was issued, which allowed for a 60-day window for appeal. However, since the Biden administration did not appeal by the deadline of July 29, the court’s order remains in full effect.
Two lawsuits were consolidated and brought to the U.S. District Court Southern District of Texas McAllen Division, one by the Texas General Land Office and the state of Texas, and the other by Missouri and Texas. The former lawsuit names the defendants as the president, Department of Homeland Security Secretary Alejandro Mayorkas, and DHS, while the latter includes U.S. Customs and Border Protection and its director in addition to the aforementioned defendants. The ruling pertains to both of these lawsuits.
In March, Texas was granted a victory in the consolidated cases, and now this recent decision follows suit.
The lawsuits contend that both the president and Mayorkas have breached federal law. The court has been requested to guide them to adhere to the law and use the funds that Congress has assigned for their intended purpose.
During 2020 and 2021, Congress approved a budget of approximately $1.4 billion to construct a barrier system along the southwest border. However, the construction was halted by President Joe Biden on his first day in office. As a result, taxpayers had to bear the cost of $6 million initially and $3 million per day for the border wall not being built. Furthermore, materials that were already purchased for building the wall were left unused and left to rust on the ground, as reported by The Center Square.
In October of 2021, legal action was taken by Missouri and Texas against the President and Mayorkas. Their request to the court was to order the completion of border wall construction. The GLO, which is the owner of more than 500,000 acres of land near the U.S.-Mexico border, also filed a lawsuit. The GLO’s land includes an estimated 31 linear miles along the Rio Grande. When Governor Greg Abbott initiated the construction of Texas’ own border wall, the first site chosen for construction was on GLO land.
Mayorkas has consistently argued that he has the discretion to change or implement policies as he deems fit in response to the numerous lawsuits filed against him. In this particular case, the DHS contended that Mayorkas had the authority to determine how the funds allocated for constructing the border wall and barriers should be spent, despite the statutory provisions dictating their use.
During the progression of the cases, Mayorkas decided to reallocate the border wall funding towards maintenance repairs and environmental projects.
In his ruling, Judge Drew Tipton approved the plaintiff’s plea for a permanent injunction, affirming their success in proving their claims made under the Administrative Procedures Act for the violation of the Consolidated Appropriations Act.
U.S. District Judge David Briones issued an order to halt border wall construction by ordering the federal government, respective agencies, officers, employees, and others to refrain from implementing a July 22 Amended Plan. The order also restricts the use of border wall construction funds for purposes other than “the construction of physical barriers, such as additional walls, fencing, buoys, etc.” Judge Briones further directed that these funds cannot be spent on mitigation and remediation efforts, repairing existing barriers, or installing system attributes at existing sites.
According to Tipton, this case stands out from most APA cases as the plaintiffs contested a directive that was issued by Mayorkas through a memo, rather than an agency regulation. While it is possible for Mayorkas to resolve the issue by eliminating or retracting his memo and re-obligating the appropriations in question, Tipton points out that it would not be enough to prevent DHS from making the same unlawful spending decisions if it wished to do so. This is why he issued a permanent injunction, which provides greater relief and preserves the various obligations and policies within the Plan that the plaintiffs did not contest. Tipton also dismissed any remaining claims made by the Biden administration.
Texas Attorney General Ken Paxton hailed the recent ruling as a decisive triumph against President Biden’s efforts to defund the border wall. Paxton emphasized that the administration had illegally attempted to prevent the construction of the wall and redirect funds meant to ensure American safety and sovereignty. Instead, the administration worked to keep the border open, a move that Paxton believes would have had disastrous consequences.
According to him, the GLO, Texas, and Missouri had taken legal action against the unlawful scheme and emerged victorious. He further added that the Administration has decided not to appeal their defeat and will have to comply with the legal requirement of building the wall.
