Article Updated: On President Biden’s Inauguration Day, he issued an executive order to halt border wall construction and divert funds that had been allocated for the project. Seemingly a move done out of spit and sheer utter ignorance, this executive action immediately triggered a lawsuit from Texas, which argued that the reallocation of these funds violated federal appropriation laws, but that’s the Biden M.O. to funnel money where it benefits him.
Now, after the expiration of a deadline to appeal a court ruling, the Biden administration is legally compelled to continue building the border wall using approximately $1.4 billion that Congress had previously allocated for this purpose, the Texas Attorney General’s office announced Thursday.
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The funds in question were originally allocated during former President Donald Trump’s tenure, who made the border wall a cornerstone of his administration’s immigration policy. Six months into Biden’s presidency in 2021, Texas filed a lawsuit to stop the reallocation of the border wall funds, asserting that Biden’s executive order violated federal laws governing appropriations.
In May, U.S. District Judge Drew Tipton, a Trump appointee, sided with Texas and issued a final injunction. Judge Tipton had previously granted Texas a temporary injunction, halting the Biden administration’s efforts to reallocate the funds. The federal government had a 60-day window to appeal Judge Tipton’s order, but that deadline passed on Monday without an appeal, according to Attorney General Ken Paxton’s office. This means the federal government is now obligated to resume spending the allocated money for its intended use: building the border wall.
During a March hearing, Judge Tipton detailed the terms of his order, although a transcript of the hearing was not available at the time of the announcement. Attorney General Paxton’s office, which issued a news release about the lawsuit on Thursday, did not respond to requests for a copy of the transcript. The U.S. Justice Department, through a spokesperson, declined to comment on the matter.
“This is a final victory against Biden’s attempt to defund the border wall,” Paxton declared in a statement following the expiration of the appeal deadline. “I sued and won to stop their unlawful scheme. Now, the administration has thrown in the towel by declining to appeal their defeat and will be legally required to build the wall.”
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The controversy began on Biden’s first day in office when he issued an executive order to stop construction of the border wall, a project that Trump had aggressively promoted. Biden’s order aimed to redirect the funds allocated for the wall to other uses. However, as the lawsuit progressed through the courts, Biden acknowledged that his administration was legally bound to continue certain wall construction projects due to the congressional appropriation of funds specifically for that purpose.
“I tried to get them to re-appropriate it, to redirect that money,” Biden admitted last year. “They didn’t. They wouldn’t. And in the meantime, there’s nothing under the law other than they have to use the money for what it was appropriated. I can’t stop that.”
This legal development underscores the limitations of executive power in the face of congressional appropriations. Despite the Biden administration’s initial attempts to redirect funds away from the border wall, the judicial system reinforced the principle that appropriated funds must be used for their designated purpose unless Congress decides otherwise.
The border wall, a deeply polarizing issue in American politics, remains a contentious topic. Supporters argue that it is essential for national security and controlling illegal immigration, while opponents contend that it is an ineffective and inhumane measure. This latest legal battle highlights the ongoing struggle between differing political ideologies and the complexities of navigating federal laws and appropriations.
As the Biden administration complies with the court order, the continuation of the border wall construction will likely reignite debates and discussions about immigration policy and border security in the United States. The resolution of this lawsuit marks a significant moment in the ongoing saga of the U.S.-Mexico border wall, reflecting the enduring impact of decisions made by previous administrations and the persistent influence of judicial rulings on executive actions.
