Biden Administration Suing Arizona Governor Over Border Wall

The lawsuit comes at the same time border crossings could surge if Title 42 asylum restrictions are lifted.
Posted at 7:49 PM, Dec 16, 2022

The federal government is suing Arizona Gov. Doug Ducey over his border wall made of cargo containers — calling for the immediate removal of the wall and requesting payments for damages caused to federal lands and wildlife. 

"I expect our party to pursue impeachment at the next Congress," said Arizona Congressman Andy Biggs. 

The lawsuit comes as some Republicans in Congress push for legislative action on immigration, including Biggs, who says come January he will move to impeach Homeland Security Secretary Alejandro Mayorkas right as Republicans take control of the House. 

"Secretary Mayorkas has committed high crimes and misdemeanors. His conduct is not incompetent — it's negligent. It is willful and intentional," Biggs said. 

Biggs says Mayorkas failed to keep control along the border. 

As the fight over security along U.S. borders reaches new heights, a decision by a federal judge means the Biden Administration must halt the use of Title 42 by December 21.   

"Title 42 was implemented by President Trump under the excuse that it was to prevent the spread of COVID infections by not allowing new people into the country," said Isadora Velazquez, an immigration attorney. "It's obviously going to affect border crossings." 

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Under President Donald Trump, about 70,000 asylum-seekers were forced to wait in Mexico for U.S. hearings under the policy introduced in January 2019.


Velazquez says she expects a surge in border crossings if the policy is lifted. 

"People that maybe were persuaded not to come to the U.S. under Title 42 will now be showing up at the border," Velazquez said. 

Velazquez cites misinformation as a huge factor in the border crisis. 

"It's inevitable that people that may have heard of 42 are now going to get the misinformation that the borders are open, which they will never be, because Title 8 of our laws clearly says no open borders. Asylum must be applied for people that show up," Velazquez said. 

The Biden administration plans to appeal the ruling to end Title 42. But Velazquez says the appeal is not likely to stand a chance.

"It would have to be something of national interest, something that is substantial, like COVID was for President Trump, meaning either another infection or that the crisis becomes at such level that the government can enforce it and try to find a way to justify," Velazquez said. 

Meanwhile, the Arizona governor's office responded to the lawsuit by saying, "the wall was always intended to be a temporary solution to an ongoing problem."