In one of many court cases involving Texas and the federal government, a federal judge on Friday temporarily halted the Biden administration from using $1.4 billion in funds authorized by Congress for the building of a border wall.
The decision is based on President Joe Biden's declaration from January 2021, which halted building of the border wall and ended the national emergency that had been in place at the southern border during the Trump administration. While agencies looked into the situation, the money that was supposed to go toward financing the border wall in the fiscal 2020 and 2021 appropriations was placed on hold.
"My administration's policy is to stop using public money to build a border wall. In addition, I am overseeing a thorough analysis of any funds allocated or diverted for the purpose of building a wall along the southern border," Biden said.
The Department of Homeland Security released a plan in June of that year that called for the cancellation of the majority of border wall construction and the amendment of the same plan in 2022 to include rehabilitation and the installation of barrier system enhancements including lighting, cameras, and sensors.
Texas and Missouri filed a lawsuit, claiming that the financing reappropriation was unlawful and that it went against the separation of powers. They also claimed that the states would suffer from more immigration into their borders, which would increase their expenses. George P. Bush, the Texas Land Commissioner, filed a lawsuit as well, and the two cases were combined.
DHS contended that Texas had not shown that a failure to construct further wall would lead to an increase in illegal immigration, asserting that social, economic, and political reasons might contribute to an increase in migration."
After ruling in favor of the Biden administration in a different lawsuit, U.S. District Judge Drew Tipton—a Trump appointee—ruled in favor of Texas and Missouri and placed a temporary injunction on the rerouting of money.
"Texas has shown injury-in-fact through costs that it has incurred in administering driver’s licenses, education, and healthcare to a rising number of illegal aliens," the judge stated in his decision. "Texas has adequately shown that eschewing the construction of additional physical obstacles would result in fewer apprehensions than would have otherwise happened, thus traceability is satisfied. Finally, there is a chance that a favorable court ruling might lessen the financial losses Texas would otherwise suffer, which makes this dispute redressable."
Texas Attorney General Ken Paxton said in a statement that Biden had violated congressional authority "by refusing to spend the money that Congress appropriated for border wall construction, and even attempting to redirect those funds."
"His actions demonstrate his desperation for open borders at any cost, but Texas has prevailed," he said. Fox requested comments from the White House and DHS.
Despite working on many wall-related projects, the government has repeatedly said that it opposes building border walls. Alejandro Mayorkas, the secretary of DHS, suspended rules in October to allow projects funded by FY 19 to proceed.
"We have repeatedly asked Congress to rescind this money, but it has not done so and we are compelled to follow the law," Mayorkas said.
Modern ports of entry and cutting-edge border surveillance equipment are just two examples of the smarter, more all-encompassing strategy that this administration feels is necessary for successful border security. Congress must provide the funding so that we may use these tried-and-true instruments."
The decision is based on President Joe Biden's declaration from January 2021, which halted building of the border wall and ended the national emergency that had been in place at the southern border during the Trump administration. While agencies looked into the situation, the money that was supposed to go toward financing the border wall in the fiscal 2020 and 2021 appropriations was placed on hold.
"My administration's policy is to stop using public money to build a border wall. In addition, I am overseeing a thorough analysis of any funds allocated or diverted for the purpose of building a wall along the southern border," Biden said.
The Department of Homeland Security released a plan in June of that year that called for the cancellation of the majority of border wall construction and the amendment of the same plan in 2022 to include rehabilitation and the installation of barrier system enhancements including lighting, cameras, and sensors.
Texas and Missouri filed a lawsuit, claiming that the financing reappropriation was unlawful and that it went against the separation of powers. They also claimed that the states would suffer from more immigration into their borders, which would increase their expenses. George P. Bush, the Texas Land Commissioner, filed a lawsuit as well, and the two cases were combined.
DHS contended that Texas had not shown that a failure to construct further wall would lead to an increase in illegal immigration, asserting that social, economic, and political reasons might contribute to an increase in migration."
After ruling in favor of the Biden administration in a different lawsuit, U.S. District Judge Drew Tipton—a Trump appointee—ruled in favor of Texas and Missouri and placed a temporary injunction on the rerouting of money.
"Texas has shown injury-in-fact through costs that it has incurred in administering driver’s licenses, education, and healthcare to a rising number of illegal aliens," the judge stated in his decision. "Texas has adequately shown that eschewing the construction of additional physical obstacles would result in fewer apprehensions than would have otherwise happened, thus traceability is satisfied. Finally, there is a chance that a favorable court ruling might lessen the financial losses Texas would otherwise suffer, which makes this dispute redressable."
Texas Attorney General Ken Paxton said in a statement that Biden had violated congressional authority "by refusing to spend the money that Congress appropriated for border wall construction, and even attempting to redirect those funds."
"His actions demonstrate his desperation for open borders at any cost, but Texas has prevailed," he said. Fox requested comments from the White House and DHS.
Despite working on many wall-related projects, the government has repeatedly said that it opposes building border walls. Alejandro Mayorkas, the secretary of DHS, suspended rules in October to allow projects funded by FY 19 to proceed.
"We have repeatedly asked Congress to rescind this money, but it has not done so and we are compelled to follow the law," Mayorkas said.
Modern ports of entry and cutting-edge border surveillance equipment are just two examples of the smarter, more all-encompassing strategy that this administration feels is necessary for successful border security. Congress must provide the funding so that we may use these tried-and-true instruments."
