Missouri Attorney General Andrew Bailey has obtained a court order compelling the Biden Administration to utilize congressionally appropriated funds for the construction of a barrier along the southern border.
Attorney General Bailey stated, “The Biden Administration has failed to comply with the law requiring the completion of a wall along the southwest border. Joe Biden refuses to fulfill his constitutionally mandated responsibilities, leading us to take legal action to ensure he does his job. This marks a significant advancement in securing our border at a crucial time in our nation’s history.”
In fiscal year 2020, Congress enacted legislation mandating the President to build barrier systems along the southern border to prevent unauthorized entry into the country. The law allocated $1.4 billion for the construction of the border wall, specifying that the funds “shall only be available for construction of barrier systems along the southwest border.” However, the Biden Administration chose not to adhere to Congress’ directive.
When inquired why the Biden Administration did not construct a barrier, such as a wall, to deter migrants, it responded, “It is not the policy of this administration,” and “We do not support the construction of a wall.” The Department of Homeland Security (DHS) announced its plan to “end wall expansion.” Additionally, the Administration urged Congress to revoke the remaining border wall funding, knowing that without legislative action, the allocated funds would have to be used for their intended purpose: to complete the construction of President Trump’s border wall. Despite this, when Congress did not yield to their request, the Biden Administration neglected its constitutional duty to comply with Congress’ appropriation laws, choosing instead not to utilize the funding as directed by Congress.
Missouri, along with Texas, promptly initiated a lawsuit. The Biden Administration’s attempt to claim that General Bailey lacked the standing to contest its decision not to use the funds was rejected by the Fifth Circuit Court of Appeals, affirming that states have the right to bring forth such a challenge.
The court’s decision to enforce the Biden Administration’s compliance with Congress’ mandate to construct the wall is accessible here.
(Photo by Greg Bulla on Unsplash )
