UNITED STATES BORDER – Missouri and Texas announced Thursday that they are jointly suing the Joe Biden Administration over the halting of the border wall construction.

Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton filed the lawsuit on Thursday, accusing Biden of violating the “Take Care” clause of the Constitution, which states that the President “shall take care that the laws be faithfully executed,” as well as separation of powers. According to the Attorneys General, Biden is violating this clause due to his refusal to use funds specifically allocated for the wall.


In fiscal year 2020, Congress set aside $1.375 billion for “construction of barrier system along the southwest border.” Then, in fiscal year 2021, another $1.375 billion was appropriated for the wall. Biden ended construction almost immediately when he took office, saying the construction was a “waste of money.”

“Time and time again,” said Schmitt, “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.

“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.”

According to the lawsuit, Biden doesn’t have constitutional authority to unilaterally decide against using funds set aside by Congress for a specific use (the wall, in this case). Biden’s Department of Homeland Security “acted without authority” by ending construction, the lawsuit says.


“The President and his agencies may not unilaterally override duly enacted appropriations bills to fulfill a campaign promise,” the suit further says. “The President’s January 20 proclamation (and DHS’s actions implementing it) run afoul the Constitution and federal law.”

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The lawsuit seeks to force the administration to resume construction.

“Missouri stands ready to hand the Biden Administration another loss,” Schmitt said. “If Joe Biden continues to refuse to take the necessary steps to secure the border, Missouri will.”

It’s been no secret that while Biden has attempted to control the optics of the situation at the border, things have gotten completely out of control and the administration has released and lost track of thousands of illegal immigrants. Additionally, there have been, according to a US Immigration and Customs Enforcement, approximately 16,000 COVID-19 infected children released into the country at the borders.