On Friday, a federal judge rejected the Biden administration’s proposal to reallocate funds from border wall construction to initiatives such as environmental remediation, citing potential violations of the law. Judge Drew B. Tipton emphasized Congress’s authority in determining spending allocations, noting that it had designated nearly $1.4 billion annually for wall construction in fiscal years 2020 and 2021. The president’s decision to redirect these funds towards “remediation projects” was deemed contradictory to Congress’s intent.
The government contended that it should have flexibility in allocating the funds and asserted that the remediation projects were supplementary to the wall construction and thus permissible. However, Judge Tipton emphasized that Congress’s language in the law was unequivocal, stating that the funds were designated specifically for barriers along the border.
” The central question in this case, then, is this: Has the Government obligated FY 2020 and FY 2021 funds for the ‘construction of [a] barrier system’? The answer is largely no,” the judge concluded.
Texas Attorney General Ken Paxton, one of the plaintiffs challenging Homeland Security, hailed the ruling.
“Biden acted completely improperly by refusing to spend the money that Congress appropriated for border wall construction, and even attempting to redirect those funds,” he said. “His actions demonstrate his desperation for open borders at any cost, but Texas has prevailed.”
The border wall has been a problem for President Biden for years.
Even though he supported wall construction during his tenure as a senator in the Bush administration and while serving in the Obama administration, where some of that construction took place, Mr. Biden altered his stance during the 2020 campaign, promising to halt Mr. Trump’s construction efforts. Upon assuming office, he implemented a pause on construction on his first day and consistently urged Congress to revoke the billions of dollars allocated under Mr. Trump, which had not yet been spent.
“The pivotal inquiry in this case revolves around whether the Government has committed FY 2020 and FY 2021 funds to the ‘construction of [a] barrier system.’ The judge’s determination largely leans towards the negative,” concluded the judge.
Texas Attorney General Ken Paxton, one of the litigants contesting Homeland Security, lauded the verdict. “Biden’s actions were wholly improper by withholding expenditure of the funds appropriated by Congress for border wall construction and even attempting their redirection,” he remarked. “His actions underscore his eagerness for open borders regardless of the consequences, but Texas has emerged victorious.”
The border wall has posed challenges for President Biden since his tenure as vice president.
Despite previously supporting wall construction during his time as a senator in the Bush administration and serving in the Obama administration, which oversaw some of that construction, Mr. Biden reversed his stance during the 2020 campaign, pledging to halt Mr. Trump’s construction efforts.
Upon assuming office, he imposed a pause on construction on his first day and consistently implored Congress to revoke the billions of dollars allocated under Mr. Trump, which remained unspent. Lawmakers rebuffed his requests, leaving the funds in the pipeline with the condition that they be utilized within five years.
Facing impending deadlines, Mr. Biden endeavored to repurpose the funds for projects other than the actual border barrier, including flood control, cleanup, and environmental remediation.
Judge Tipton noted that the government had identified only two locations where new wall construction was underway: a 500-foot gap in Arizona and a structure along the Tijuana River channel in California.
However, the judge determined that the remainder of the funds had been designated for unlawful purposes.
In its defense, the Justice Department contended to the judge that walls were ineffective, but the judge pointed out that Homeland Security’s own data contradicted this assertion.
” DHS has even boasted about at least one incident where the physical barrier was ‘very effective’ in stopping ‘a violent mob of 1,000 people’ from entering, many of whom were ultimately apprehended,” the judge wrote.
He granted a seven-day stay on his ruling to allow the Biden administration the opportunity to appeal.
In another decision on Friday, Judge Tipton sided with the Biden administration, ruling that states lacked standing to challenge the broad utilization of “parole” to admit migrants from Cuba, Haiti, Nicaragua, and Venezuela.
The program permits up to 30,000 undocumented migrants per month, provided they notify Homeland Security of their arrival and enter through airports rather than crossing the southern border in large numbers.
