Texas Sues Lawbreaking Biden: Build the Wall
On behalf of the State of Texas, Texas Attorney General Ken Paxton, along with the State of Missouri, has submitted their motion for a preliminary injunction asking a federal court to order the Biden Administration to immediately resume the building of the southern border wall. This is a follow-on pleading to Attorney General Paxton’s border wall lawsuit filed in October. The lawsuit claims that the Biden Administration violated federal law when it prohibited the Department of Homeland Security from spending the money that Congress has appropriated to build a border wall.
“The Biden Administration again and again refuses to aid Texans battling the border crisis every day,” Attorney General Paxton said. “Their response to this crisis is irresponsible, inhumane, and inexcusable. It is time for them to quit hiding behind red tape and help Americans in need. This congressionally-approved border wall will help law enforcement along the border and restore order to our state. A physical wall is essential for border security, and I am demanding that President Biden do his part to keep Texas and America safe.”
This action challenges the Executive Branch’s pervasive violations of the Constitution and federal law in its southwest border policy.
Less than a year in office, the Biden Administration’s immigration policy has created a humanitarian catastrophe at the border. The results of this crisis are as predictable as they are tragic—an explosion of illegal immigration, resulting in total encounters on pace to be the highest ever recorded. Central to the federal government’s immigration failures has been the Biden Administration’s refusal to spend funds appropriated by Congress mandating the construction of a wall along the southwest border, and the Department of Homeland Security’s recent termination of contracts to perform work on construction projects to build the wall.
In 2018, DHS assessed the effectiveness of physical barriers on t
This action challenges the Executive Branch’s pervasive violations of the Constitution and federal law in its southwest border policy.
Less than a year in office, the Biden Administration’s immigration policy has created a humanitarian catastrophe at the border. The results of this crisis are as predictable as they are tragic—an explosion of illegal immigration, resulting in total encounters on pace to be the highest ever recorded. Central to the federal government’s immigration failures has been the Biden Administration’s refusal to spend funds appropriated by Congress mandating the construction of a wall along the southwest border, and the Department of Homeland Security’s recent termination of contracts to perform work on construction projects to build the wall.
In 2018, DHS assessed the effectiveness of physical barriers on the southwest border in controlling illegal immigration and drug trafficking, and proclaimed: “Walls Work. When it comes to stopping drugs and illegal aliens from crossing our borders, border walls have proven to be extremely effective.” App.007. DHS noted that border wall construction in one sector led to a 90 percent decrease in border apprehensions. App.008. As a result, border walls render illegal crossings much more difficult and remove a powerful incentive for illegal border crossings.
DHS again assessed the effectiveness of border walls in 2020, concluding they “have proved to be a critical component in gaining operational control of the border.” App.010. Indeed, in the Yuma Sector alone: (1) “Illegal entries in areas with new border wall system plummeted over 87% in FY 20 compared to FY 19”; (2) “In FY 19,
CBP deployed a temporary barrier, which it has replaced with a permanent system, at the Sanchez Canal, which resulted in illegal entries decreasing in this area by more than 1,000 per month”; and (3) “In FY 19, in areas of older existing border fencing or barriers, Yuma Sector apprehended 12 large groups (over a 100 persons) compared to zero large groups in FY 20 with new border wall system.”
App.011.1
The Rio Grande Valley and El Paso Sectors also showed promising results. “In a section of RGV (Zone 1) apprehensions have decreased since the construction of the border wall system. This is a location that has never had any border infrastructure.” App.011. Specifically, CBP saw (1) a “79% decrease in apprehensions in this area (Zone 1) since the completion of border wall system,” and (2) “a 26% decrease in narcotics seizures since the completion of border wall system in this area.” App.012. And “[i]n another section of RGV, prior to construction of the border wall system it was common to see illegal aliens running across a heavily traveled road, putting themselves and members of the community at risk” but the border wall system “forced [smugglers] to take their groups further west into areas that are less dense with brush and easier for CBP surveillance cameras to detect illicit activity.” Id.
Finally, the “El Paso Sector has experienced a significant reduction in drug and smuggling activities in areas where the new border wall system was built. Most notably, in Zones 14 and 15 of the Santa Teresa (STN) AOR where apprehensions have decreased by 60% and 81% respectively when comparing the last half of fiscal year FY 20 to the first half of FY 20. El Paso Station has experienced similar results from the new border wall in Zones 20 – 23, with a reduction in apprehensions of 70% during the same timeframe.” App.012.
At bottom, “[t]he results,” DHS remarked, “speak for themselves: illegal drug, border crossings, and human smuggling activities have decreased in areas where barriers are deployed.” App.011 (emphasis added). “Destroying the wall,” DHS found, “would put needless strain on DHS resources, lead to increases in crime, and make it nearly impossible for us to determine who is coming into our country.” App.012.
Consistent with these assessments, Congress appropriated funds for the construction of border walls on the southwest border. In DHS’s appropriation bills for FY 2020 and FY 2021, Congress appropriated $1.375 billion each year for “construction of barrier system along the southwest border,” and provided that this money “shall only be available for barrier systems.” App.015-16 (emphasis added).
But while on the campaign trial, then-presidential candidate Joe Biden promised termination of border wall construction, declaring that “[t]here will not be another foot of wall constructed on my administration[.]”2
He kept his promise. On January 20, 2021, President Biden, in one of his first official actions, issued a Proclamation directing DHS to “pause immediately the obligation of funds related to construction of the southern border wall” and to “pause work on each construction project on the southern border wall.” App.021. This included pausing “wall projects funded by direct appropriations.” App.022. The justification according to the White House: “building a massive wall that spans the entire southern border is not a serious policy solution” and “a waste of money[.]” App.021.
Following the Proclamation issued on January 20, DHS implemented it by stopping all work on any border wall projects, including border fencing or associated structures, leaving hundreds of miles of planned and funded—but unfinished—wall along the southwest border.
In fact, DHS has taken specific steps pursuant to the Proclamation to ensure that the wall never gets built……….Read the rest
Biden: fortify protections for Dreamers, end the Muslim and Africa ban, halt border wall construction……..
FACT SHEET: President Biden Outlines Steps to Reform Our Immigration System by Keeping Families Together, Addressing the Root Causes of Irregular Migration, and Streamlining the Legal Immigration System
Biden-Harris Administration Forms Family Reunification Task Force and Issues Executive Orders on Regional Migration and Legal Immigration
On January 20th, the Biden Harris Administration took the first steps in a broad, whole of government effort to finally reform our immigration system, including sending to Congress legislation that creates a pathway to citizenship for the nearly 11 million undocumented immigrants living in and contributing to our country. Today, the Administration is announcing a series of additional actions it is taking to rebuild and strengthen our immigration system.
Today’s actions build on executive actions the President took his first day in office, including steps to preserve and fortify protections for Dreamers, end the Muslim and Africa ban, halt border wall construction and protect Liberian nationals living and working in our country. On day 1, the President also sent the United States Citizenship Act to Congress, which seeks to modernize our immigration system and smartly manage our borders, while addressing the root causes of migration.
President Biden’s strategy is centered on the basic premise that our country is safer, stronger, and more prosperous with a fair, safe and orderly immigration system that welcomes immigrants, keeps families together, and allows people—both newly arrived immigrants and people who have lived here for generations—to more fully contribute to our country. President Biden knows that new Americans fuel our economy, as innovators and job creators, working in every American industry, and contributing to our arts, culture, and government.
Today’s executive actions will:
Create a Task Force to Reunify Families. President Biden believes that families belong together. He has made clear that reversing the Trump Administration’s immigration policies that separated thousands of families at the border is a top priority. A key part of this effort is the creation of a task force to reunite families that remain separated. This task force will work across the U.S. government, with key stakeholders and representatives of impacted families, and with partners across the hemisphere to find parents and children separated by the Trump Administration. The task force will make recommendations to the President and federal agencies regarding steps that they can take to reunify families. Further, the task force will report regularly to the President and recommend steps to prevent such tragedies from occurring again. This Order also revokes the Trump Administration’s Executive Order that sought to justify separating children from their parents.
Develop a Strategy to Address Irregular Migration Across the Southern Border and Create a Humane Asylum System. The Trump Administration’s policies at the border have caused chaos, cruelty and confusion. Those policies have undermined the safety of our communities, penalized asylum seekers fleeing violence, and destabilized security across the Western hemisphere. Today, the Biden Harris Administration will begin to roll back the most damaging policies adopted by the prior administration, while taking effective action to manage migration across the region.
Specifically, the Biden Harris Administration will begin implementing a comprehensive three-part plan for safe, lawful, and orderly migration in the region. First, the Administration will address the underlying causes of migration through a strategy to confront the instability, violence, and economic insecurity that currently drives migrants from their homes. Second, the Administration will collaborate with regional partners, including foreign governments, international organizations, and nonprofits to shore up other countries’ capacity to provide protection and opportunities to asylum seekers and migrants closer to home. Finally, the Administration will ensure that Central American refugees and asylum seekers have access to legal avenues to the United States. The Secretary of Homeland Security is also directed to review the Migrant Protection Protocols (MPP) program. The situation at the border will not transform overnight, due in large part to the damage done over the last four years. But the President is committed to an approach that keeps our country safe, strong, and prosperous and that also aligns with our values. This Executive Order also directs a series of actions to restore the U.S. asylum system, including by rescinding and directing agency review of a host of Trump Administration proclamations, rules, and guidance documents that have effectively closed the U.S. border to asylum seekers.
Restore Faith in Our Legal Immigration System and Promote Integration of New Americans. President Biden believes that immigrants are essential to who we are as a nation and critical to our aspirations for the future. The prior administration enacted hundreds of policies that run counter to our history and undermine America’s character as a land of opportunity that is open and welcoming to all who come here seeking protection and opportunity. This Executive Order elevates the role of the White House in coordinating the federal government’s strategy to promote immigrant integration and inclusion, including re-establishing a Task Force on New Americans, and ensuring that our legal immigration system operates fairly and efficiently. The order requires agencies to conduct a top-to-bottom review of recent regulations, policies, and guidance that have set up barriers to our legal immigration system. It also rescinds President Trump’s memorandum requiring family sponsors to repay the government if relatives receive public benefits, instructs the agencies to review the public charge rule and related policies, and streamline the naturalization process.
FEBRUARY 2, 2021PRESIDENTIAL ACTIONS
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Over 40 million foreign-born individuals live in the United States today. Millions more Americans have immigrants in their families or ancestry. New Americans and their children fuel our economy, working in…
Biden-Harris Administration Forms Family Reunification Task Force and Issues Executive Orders on Regional Migration and Legal Immigration On January 20th, the Biden Harris Administration took the first steps in a broad, whole of government effort to finally reform our immigration system, including sending to Congress legislation that creates a pathway to citizenship for the nearly…
Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities
JANUARY 20, 2021
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
JANUARY 20, 2021
The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere President Biden is sending a bill to Congress on day one to restore humanity and American values to our immigration system. The bill provides hardworking…
FEBRUARY 2, 2021
1:48 P.M. EST MS. PSAKI: We have a few updates for you all at the top this morning. First, today, the President is signing three executive orders to rebuild and strengthen our immigration system. These actions are centered on the basic premise that our country is safer, stronger, and more prosperous, with a fair, safe, and…
Executive Order on the Establishment of Interagency Task Force on the Reunification of Families
FEBRUARY 2, 2021PRESIDENTIAL ACTIONS
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to reunite children separated from their families at the United States-Mexico border, it is hereby ordered as follows:Section 1. Policy. It is the policy of my Administration to respect and…
Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
FEBRUARY 2, 2021PRESIDENTIAL ACTIONS
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:Section 1. Policy. For generations, immigrants have come to the United States with little more than the clothes on their backs,…
FEBRUARY 1, 2021PRESS BRIEFINGS
12:32 P.M. EST MS. PSAKI: Happy Monday. I just have a couple of things for all of you at the top. First, over the weekend, the President’s Homeland Security Advisor, Dr. Liz Sherwood-Randall, convened a coordination call with the Acting FEMA Administrator and the Director of the National Weather Service on the storm system moving…
JANUARY 29, 2021PRESS BRIEFINGS