8.1.24 – Texas Attorney General’s Office

“Biden Forced To Continue Border Wall Construction – TAG Paxton Wins Again”

By TAG Ken Paxton –Press Release

AUSTIN – Texas Attorney General Ken Paxton secured a major victory stopping the Biden Administration’s attempt to unlawfully redirect statutorily obliged funds away from border wall construction in direct violation of federal law. 

After losing the case in federal court, the Biden Administration declined to appeal, forfeiting any further claims. 

The Biden Administration was directed by the court to continue border wall construction using the funding that Congress appropriated for the purpose.

At the urging of President Donald Trump, Congress dedicated roughly $1.4 billion to the construction of walls and barriers along the southern border in order to reduce the number of aliens entering the country in 2019 and 2020. 

Immediately upon taking office, President Joseph Biden issued an unlawful executive order stopping border wall construction and directing the Department of Homeland Security to devise a way to redirect the funds.

Texas sued under the Administrative Procedure Act to stop this scheme, arguing that Biden violated the Consolidated Appropriations Act and asking the court to require the Biden Administration to follow the law and use the appropriated money for the purpose Congress directed. 

Earlier this year, a federal district court granted a permanent injunction to end the Administration’s effort to illegally defund the border wall.

The Biden Administration allowed the sixty-day appeal window to expire on July 29, 2024, and the permanent injunction remains in place.

“This is a final victory against Biden’s attempt to defund the border wall. His Administration illegally sought to prevent the construction of the border wall and illegally attempted to repurpose the money allocated for American safety and sovereignty, working instead to keep the border open,” said Attorney General Paxton. 

“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.”

To read the final order:   Border Wall Final Judgment.pdf (texasattorneygeneral.gov)