Missouri and Texas announced Thursday they are suing the Biden Administration in an effort to restart construction on the border wall.
Republican Missouri Attorney General Eric Schmitt in conjunction with the Texas Attorney General’s Office filed the suit Thursday alleging the administration’s refusal to use fund previously apportioned for the border wall is a violation of separation of powers and the “Take Care” clause of the Constitution. The clause mandates the president “shall take Care that the laws be faithfully executed.”
“Time and time again, the Biden Administration has refused to take concrete action to quell the worsening border crisis, inviting the cartels and human and drug smugglers to take advantage of our porous border,” Schmitt said in a statement.
“Without a border wall, illegal immigrants, coyotes, and bad actors can simply march across our southern border and into the interior. The border wall needs to be built, the funds have been appropriated to continue to build the wall, and yet the Biden Administration outright refuses to do so.”
“Missouri stands ready to hand the Biden Administration another loss,” he continued. “If Joe Biden continues to refuse to take the necessary steps to secure the border, Missouri will.”
🚨Today at 2:30PM MT in El Paso, TX Attorney General @KenPaxtonTX and I will be at the border to announce next steps in the fight against the Biden Administration’s failed border policies and the massive flow of illegal immigrants. #BidenBorderCrisis
— Eric Schmitt (@Eric_Schmitt) October 21, 2021
Congress allocated $1.375 billion for “construction of barrier system along the southwest border,” in 2020. An additional $1.375 billion was again appropriated for border wall construction in fiscal year 2021.
Upon taking office, Biden ended construction on the border wall through an executive order, calling it a “waste of money.” (RELATED: ‘Escalating Into A Firing War’: Texas Gov. Abbott Says ‘Aggressive’ Mexican Cartels Shooting At National Guard)
“The President and his agencies may not unilaterally override duly enacted appropriations bills to fulfill a campaign promise,” the suit reads. “The President’s January 20 proclamation (and DHS’s actions implementing it) run afoul the Constitution and federal law.”
The suit alleges Biden lacks the constitutional authority to refuse to spend the funds appropriated by Congress for the wall and that the DHS “acted without authority” when it ended construction along the border. Missouri and Texas seek the court to declare the ending of the border wall construction unlawful and force the administration to resume construction.