Federal judge rules that Biden administration cannot divert funds from border wall construction

A federal judge ruled on Friday against the Biden administration’s plans to re-direct money from border wall construction to other projects more to its liking, such as environmental remediation.

Judge Drew B. Tipton, of the Southern District of Texas, said that it is up to Congress how that money is spent. Congress allocated nearly $1.4 billion for wall-building for fiscal years 2020 and 2021, according to The Washington Times.  

But the Biden administration argued that the “remediation projects” they wanted to spend that money on were ancillary to the wall, and that it should be allowed.

Judge Tipton said that based on the way the law was written, it was clear and specific that the money was intended to be spent on barriers along the border.

“The central question in this case, then, is this: Has the Government obligated FY 2020 and FY 2021 funds for the ‘construction of [a] barrier system’? The answer is largely no,” the judge concluded.

Texas is one of the plaintiffs challenging Homeland Security. Texas Attorney General Ken Paxton was pleased with the ruling:

“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 said. “His actions demonstrate his desperation for open borders at any cost, but Texas has prevailed.”

Judge Tipton has put his ruling on hold for one week to allow the Biden administration the chance to appeal.

In another ruling Friday, Judge Tipton sided with the Biden administration that states do not have standing when it comes to challenging an expansive use of “parole” to allow in migrants from Cuba, Haiti, Venezuela and Nicaragua, according to The Washington Times.

“That program welcomes up to 30,000 unauthorized migrants a month, as long as they alert Homeland Security they are coming and they fly into airports rather than surge across the southern border.”