In a significant victory for border security advocates and the rule of law, U.S. District Judge Drew Tipton issued a temporary injunction on Friday, preventing the Biden administration from redirecting $1.4 billion in congressionally appropriated funds away from border wall construction.
The ruling comes as a result of lawsuits filed by the states of Texas and Missouri, as well as Texas Land Commissioner George P. Bush, who argued that the administration’s actions were illegal and violated the separation of powers.
The legal battle began in January 2021, when President Joe Biden terminated the Trump-era national emergency at the southern border and ordered a pause on border wall construction.
In his proclamation, Biden stated, “It shall be the policy of my administration that no more American taxpayer dollars be diverted to construct a border wall. I am also directing a careful review of all resources appropriated or redirected to construct a southern border wall.”
Federal law REQUIRES the Biden Admin. to build border walls & barriers.
Biden violated that law by wrongly diverting funds appropriated by Congress that were intended for border walls.
Time to build that wall.https://t.co/G4DGVu77bp via @thecentersquare
— Greg Abbott (@GregAbbott_TX) March 9, 2024
However, the states of Texas and Missouri contended that the reappropriation of funding was not only illegal but would also lead to increased illegal immigration, resulting in higher costs for the states.
As Texas Attorney General Ken Paxton asserted in a statement following the ruling, “Biden acted improperly 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.”
Judge Tipton, a Trump appointee, agreed with the plaintiffs, finding that “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.” He further explained that “Texas has sufficiently demonstrated that the failure to build more physical barriers will reduce the number of apprehensions that otherwise would have occurred.”
The Department of Homeland Security (DHS) had argued that Texas failed to establish a direct link between the lack of border wall construction and increased illegal immigration, claiming that migration increases can be attributed to various social, economic, and political factors.
However, Judge Tipton’s ruling rejected this argument, stating that “this controversy is redressable because it is likely that a favorable judicial decision would reduce the financial harms that Texas otherwise would incur.”
This decision serves as a reminder of the importance of adhering to the Constitution and respecting the separation of powers. Congress, not the executive branch, holds the power of the purse, and it is essential that appropriated funds be used for their intended purpose. The Biden administration’s attempts to divert border wall funding, despite Congress’ clear intent, demonstrate a disregard for the rule of law and a concerning prioritization of open borders over national security.
As the legal battle continues, it is crucial that the judiciary continues to uphold the Constitution and protect the interests of states like Texas and Missouri, which bear the brunt of the costs associated with illegal immigration.
Judge Tipton’s ruling is a step in the right direction, ensuring that the will of Congress is respected and that the safety and security of American citizens remain a top priority.
