Proponents of a strongly defended US border have gotten more great news from Texas, this time thanks to a federal judge who ordered President Joe Biden to keep building the US-Mexico border wall with funds allocated to that purpose by former President Donald Trump. That judge was Judge Drew Tipton, who did so via a preliminary injunction that halted the Biden Administration from diverting funds originally allocated to the wall to other purposes.

As background, Congress, in 2019, appropriated over a billion dollars for building a border wall along the US-Mexico border. Team Biden then halted all border wall construction on his first day in office, bringing the project to a screeching halt. He was then sued by Texas and Missouri for not using the allocated funds for the border wall.

Texas AG Ken Paxton’s office described the situation, saying, “Under President Donald Trump’s leadership, Congress dedicated roughly $1.4 billion to the construction of walls and barriers along the southern border in order to reduce the number of illegal aliens entering the country. Immediately upon taking office, President Joseph Biden issued an executive order demanding construction stop and directing the Department of Homeland Security to devise a way to redirect the funds. Texas sued to stop this scheme and to require the Biden Administration to follow the law and use the appropriated money for the purpose Congress directed. A federal district court agreed with Texas and has now issued a preliminary injunction to prevent the Administration’s effort to illegally defund the border wall.”

Judge Tipton, in his ruling, found that refusal to use the funds for their appropriated purpose was unacceptable. He ruled that the Biden Administration was immediately enjoined from trying to reappropriate funds to other purposes and that it had to resume border wall construction, using the funds for the purpose Congress established.

In his ruling, Judge Tipton wrote, “The Government and all its respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from implementing the July 2022 Amended Plan to the extent that its obligations are not authorized under Subsection 209(a)(1) and Section 210 as laid out in this Order.”

He continued, “The Government is prohibited from obligating funds under Subsection 209(a)(1)—and corresponding funds under Section 210—toward mitigation and remediation efforts, repair of existing barrier, so-called system attribute installation at existing sites, or other similar purposes. Those types of expenses may be authorized under Subsections (a)(2) through (a)(5) where appropriate, however, Subsection (a)(1) permits only the construction of physical barriers, such as additional walls, fencing, buoys, etc.”

He then explained that the injunction would remain in effect until the case is resolved on its merits or an appellate court rules otherwise, saying, “This preliminary injunction shall remain in effect pending a final resolution of the merits of this case or until a further Order from this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court.”

Texas Attorney General Ken Paxton, in a statement on the ruling, said, “Biden acted completely improperly by refusing to spend the money that Congress appropriated for border wall construction, and even attempting to redirect those funds.” He continued, “His actions demonstrate his desperation for open borders at any cost, but Texas has prevailed.”

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