A lawsuit launched by the Department of Justice against Arizona over a makeshift border wall made of shipping containers is set to be dismissed following a final payment of $2.1 million from the state to the U.S. Forest Service, even after Governor Katie Hobbs (D) dismantled the barrier and put the containers up for sale.
The shipping container wall was erected under former Governor Doug Ducey (R), whose administration argued the hastily constructed barrier was necessary until the Biden administration resumed construction on the southern border wall started by former President Donald Trump. A lawsuit was launched by the federal government just weeks before Hobbs took office.
Now, the federal government is ready to drop its lawsuit, but Arizona taxpayers will pay another $2.1 million to the Forest Service, per an agreement struck by attorneys, according to Fox 10 Phoenix. That payment will “fully remediate” the environmental damage allegedly wrought by the shipping container wall.
Hobbs, who called the shipping container wall a “political stunt,” has already paid the bill, according to a spokesman who spoke to Arizona Capitol Times. This means the lawsuit is likely soon to be dismissed by U.S. District Court Judge David Campbell.
The Arizona Sun Times contacted Hobbs’ office to confirm the status of the $2.1 million payment, and to ask if the state has an estimate on when the lawsuit will be formally dismissed. A spokesman did not reply prior to press time. The Forest Service declined to comment on receipt of the payment when reached by The Sun Times.
Shipping containers used to construct the wall were dismantled in January, then listed for sale for between $500 and $2,000 in June, with Fox 10 Phoenix reporting that officials claimed the containers remain “very functional” for normal use. An Arizona Department of Administration (ADA) web page reveals the containers will remain on sale until September 30, but are currently only available to government and non-profit organizations.
“Please be aware that these containers have been heavily used and would likely have very noticable [sic] dents and cracks,” warned the ADA in its advertisement. “We are unable to guarantee the color of the container. Each container will have operable doors, a roof and a floor.” The agency adds, “Buyer must agree to purchase without viewing the shipping container. No refunds.”
After the shipping container wall was removed, Yuma Mayor Douglas Nicholls told The Center Square that federal agencies had “no current plan” to replace the containers in “some areas” where they were removed, and added that the Biden administration was “slow getting started” on construction where it did plan to erect proper barriers.
Since the wall was removed, and following the lapse of Title 42, illegal immigration into the United States has surged. Last month, U.S. Customs and Border Protection (CBP) reported a 33 percent spike in illegal immigrant encounters, with a total of 183,503 coming into the United States after being apprehended by CBP agents or surrendering to federal law enforcement.
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Tom Pappert is a reporter for The Arizona Sun Times and The Star News Network. Follow Tom on Twitter. Email tips to [email protected].
Background Photo “Ducey’s Border Wall” by Gov Doug Ducey.