The Biden administration’s Department of Justice (DOJ) sued the state of Arizona Wednesday, demanding it removes shipping containers placed under Gov. Doug Ducey (R) as a temporary patch in border wall holes. In a response shared with The Arizona Sun Times, Ducey’s Office stated the claims made are either inaccurate or redundant.
“Arizona’s border barrier was always intended to be a temporary solution until the federal government erects a permanent solution,” wrote Anni Foster, general council for the governor’s office. “Arizona agencies and contractors stand ready to assist in the removal of the barriers, but the federal government owes it to Arizonans and all Americans to release a timeline on when construction will begin and details about how it will secure the border while construction is underway.”
The Arizona Sun Times also reached out to the Arizona Attorney General’s Office for a reaction to the lawsuit but did not hear back.
Among the major allegations in the DOJ’s complaint are concerns that the temporary barrier presents public and environmental safety issues, that Arizona’s efforts interfere with the federal government’s operations in that area, and trespass against the United States.
In response, Foster said if anyone is causing safety issues, it is the federal government itself. She claimed that after the Biden administration halted all border wall construction in January 2021, Arizona forests and public land became strewn with abandoned clothing and property. Additionally, while the DOJ claimed the shipping containers presented a safety issue because they can shift or fall over, Foster said a far greater safety concern is the rampant crime and drug smuggling that occur at the border abandoned by the federal government.
Moreover, Yuma County Sheriff Leon Wilmot said the temporary barrier helped alleviate some issues farmers were facing in the area. As reported by The Daily Signal, farmers in Yuma were facing hardships as migrants would trample their crops while crossing the border through previously open spaces of the wall. With the barriers in place, Wilmot said mass immigration became more manageable, and farmers found fewer crops trampled.
Additionally, regarding the claim that Ducey’s wall negatively impacts federal agents’ ability to conduct work in the area, Foster pointed to personnel saying the opposite. According to Foster, Chief of the Border Patrol’s Tucson Sector John Modlin said closing gaps is helpful for him because it reduces the areas where migrants can enter the country.
As for the trespassing allegations, this is something Ducey has already addressed. In October, Ducey first clashed with the federal government when the Bureau of Reclamation sent him a letter saying he was violating federal law but placing the shipping containers. However, Allen Clark of the Arizona Department of Emergency and Military Affairs stated that the U.S. Constitution protects the rights of states to defend themselves when “actively invaded” or they cannot wait for help. Clark said Ducey’s actions were protected under the Constitution.
Furthermore, Arizona Attorney General Mark Brnovich also commented on the lawsuit after receiving a letter from the DOJ sharing its intent to file suit on Tuesday. “Once again, we’ll see you in court,” Brnovich said.
President Biden says there are more important things to talk about than the border, yet his DOJ is suing to immediately tear down our crowd control structure. Once again, we'll see you in court. pic.twitter.com/TDpKI6E7da
— Mark Brnovich (@GeneralBrnovich) December 13, 2022
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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].
Photo “Shipping Containers Arizona Southern Border” by Doug Ducey.Â
