Southern Border Wall Lawsuit Gets Revived

Photo by Greg Bulla on Unsplash

( – A federal lawsuit filed by Texas and Missouri in 2021 has now been revived as the New Orleans-based 5th U.S. Circuit Court of Appeals ruled that the two Republican states had the right to resume construction of the border wall. This ruling overturned the decision of a lower court.

U.S. Circuit Judge Edith Jones noted that Texas has claimed that the existence of border barriers has in the past been an effective way of reducing illegal migration, and has increased the rate of apprehension of illegal migrants who are trying to enter the country undetected. This is something the Department of Homeland Security has also previously affirmed.

In July 2021, the Texas General Land Office sued the federal government stating that the suspension of the border wall construction has resulted in the border becoming a “superhighway.” A few months later, in October 2021, Texas and Missouri sued stating that the halt in the construction of the border wall had resulted in their states bearing additional financial burdens for the healthcare, education, and driver’s licenses of the released illegal immigrants.

U.S. District Judge Micaela Alvarez had originally dismissed the case but had allowed the General Land Office’s lawsuit to move forward. Last December, the appeals court panel, led by Judge Jones, found that the two Republican states had the standing to proceed with the case because of the significant costs that they had taken on.

Judge Jones pointed out that the construction of the wall could have some benefits in reducing illegal immigration and thus, would help reduce the costs that Texas has because of the “non-border wall policy.”

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