Red states file lawsuit against Biden administration for 'disregard' of border wall disposal.
Trump proposed that the disposal of materials could be classified as a "criminal act."
A top Texas official is condemning the "shameful" sale of border wall materials, as the state seeks a court investigation into whether the Biden administration has breached a court order.
Texas Land Commissioner Dawn Buckingham condemned the Biden Administration's latest effort to block Texas and President-Elect Donald Trump's efforts to secure the southern border, stating that it is a shameful act that highlights a continued disregard for the safety of Texas and American families in favor of increasingly disastrous open border policies.
A motion was filed in a district court in the southern district of Texas by Buckingham’s office and the states of Texas and Missouri on Tuesday to hold a status conference to determine if the government is in breach of the court’s permanent injunction from earlier this year. The injunction prohibited the administration from using funds allocated for wall construction for any other purpose.
Since 2023, the Biden administration has been selling off border wall parts on auction marketplaces, following its decision to halt most border wall construction in 2021.
The auctions have been ongoing, with border officials stating that they take place weekly. However, the practice recently gained attention when The Daily Wire released a video showing parts being transported, and Border Patrol agents revealed that the objective was to clear it out before Christmas.
The Pentagon has been disposing of excess wall construction in accordance with the fiscal year 2024 National Defense Authorization Act, which mandated the defense secretary to submit a plan to use, transfer or donate all remaining wall material purchased with Pentagon funds. The plan was submitted in March.
The Defense Department has no legal authority to recall or stop the resale of materials that were first offered to border states, including Texas, for purchase before auction, an official stated.
"Nearly 60% of the materials were transferred to authorized recipients, including U.S. Customs and Border Protection and the states of Texas and California, while the remaining 40% was sold to GovPlanet under a competitive sales contract process beginning in June 2024. The material currently being sold through GovPlanet online auctions no longer belongs to the U.S. Government, and DOD has no legal authority to recall the material or stop further resale of material it no longer owns."
Republicans continue to express outrage over the auctions, viewing them as an attempt to hinder the Trump administration's construction of the wall. Sen. Bill Hagerty, R-Tenn., has introduced legislation to put an end to the practice.
Trump stated on Monday that he had been collaborating with Texas Attorney General Ken Paxton and others to obtain the materials.
"They're performing an act that's almost criminal, and they know we'll use it," he said. "If we don't have it, we'll have to rebuild it, which will cost twice as much as it did years ago, and that's hundreds of millions of dollars because it's a lot of wall."
Paxton stated that Texas is taking legal action to prevent the unauthorized sale of border security materials and to uncover the truth about the federal government's actions regarding the construction of the border wall.
"I will do everything in my power to prevent any acts of sabotage by the outgoing administration as President Trump has an overwhelming mandate from the American people to build the wall," he stated.
The state of Texas plans to assist the incoming administration in constructing the wall along the southern border by purchasing the acquired materials and storing them on state land.
"Buckingham stated in a Fox interview that he promised to use all available resources from the GLO to safeguard the border and defend Texans. He added that he has offered state leaders and President-Elect Trump the chance to store any wall panels his administration acquires on state land. Buckingham vowed to continue fighting for the security of the southern border and to safeguard the safety of his fellow Texans from dangerous, criminal illegal immigrants."
Planet Chronicle' Jennifer Griffin contributed to this report.
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