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Updated October 22nd, 2021 at 18:39 IST

US border crisis: Texas, Missouri AGs sue Biden seeking to resume border wall construction

“[It] is arbitrary and capricious, fail to spend appropriations mandated by US Consolidated Appropriations Act of 2020 and 2021,” Rep attorney generals said.

Reported by: Zaini Majeed
US
IMAGE: AP | Image:self
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Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton on October 21, Thursday sued the Biden administration demanding that his administration must resume construction of the southern border wall amid the uncontrollable refugee spillover. President Joe Biden, on his first day in office, had blocked the Trump-era funding into the construction of barriers along US Mexico border asking the Department of Homeland Security to halt the controversial project altogether. 

On Thursday, however, AGs for Missouri and Texas challenged the Biden administration’s decision and filed a lawsuit at the US District Court for the Southern District of Texas against the sitting US president, his administration, and the Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, saying that the construction of the border wall with Mexico that witnesses illegal migrant infiltration must be resumed with immediate effect.

The construction that had nearly $1.4 billion designated, took effect in December of 2020 under the Consolidated Appropriations Act of 2021, just weeks before Biden assumed the American Presidency. The two AGs called out the Biden administration for halting the construction amid a worsening “border crisis.” They alleged that it was unlawful of the Biden administration to block funding and refuse to spend the money appropriated for the project which was approved even before Biden took office. 

“[It] is arbitrary and capricious, and fails to spend appropriations mandated by the Consolidated Appropriations Act of 2020 and 2021,” the attorneys general, both Republicans, said in a news release on Thursday as well a filing challenging the ‘Executive Branch’s pervasive violations of the Constitution and federal law in its southwest border policy.’

AGs in their lawsuit stated that the funding was approved after the DHS assessed the effectiveness of physical barriers on the US-Mexico border, and agreed that it was effective in controlling illegal immigration and drug trafficking. “Walls Work. When it comes to stopping drugs and illegal aliens from crossing our borders, walls have proven extremely effective,” the DHS at the time of passing the project had stated. The attorney generals also noted that DHS had said that the border wall construction led to a 90 percent decrease in border apprehensions, and with this assessment, Congress has appropriated funds. 

Border wall construction funds appropriated via 'legislative processes.' AGs argue

During his election campaign trail, then-presidential candidate Joe Biden had promised termination of border wall construction, declaring that “[t]here will not be another foot of wall constructed on my administration[.]” he then issued a Proclamation directing DHS to “pause immediately the obligation of funds related to the construction of the southern border wall” and to “pause work on each construction project on the southern border wall.” 

White House meanwhile had justified the Biden administration's decision saying: “Building a massive wall that spans the entire southern border is not a serious policy solution” and “a waste of money[.]” This, said the AGs, was inconsistent with DHS’ decision that had earlier acknowledged that it is “legally required to use” such funds “consistent with their appropriated purpose.” The filing argued that the US President cannot substitute his own policies and priorities in place of those established through the legislative process. 

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Published October 22nd, 2021 at 18:39 IST

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