Federal government sues over Gov. Doug Ducey’s shipping container wall at border

The U.S. Justice Department sued Gov. Doug Ducey and Arizona were sued by the U.S. Justice Department over the use of shipping containers as a border wall. The government claims that this is illegal, dangerous, and incompatible with federal duties.

The government wants a judge to order removal of containers from U.S. soil along the border, and damages for “unlawful Trespasses” by the state, which includes any costs or expenses incurred by the United States.

The lawsuit also requests “a declaration that Arizona’s illegal trespasses include the use and occupancy by Arizona of United States lands without any reqired permits or authorizations.”

The lawsuit was filed Wednesday at the U.S. District Court for Arizona.

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Ducey’s lawyer responded to federal authorities earlier in day. He noted the incorrect claims, but took a more measured tone regarding an issue that they consider urgent and required federal action.

This is the latest in a series of high-profile disputes between the governors and the federal government about conditions at the nation’s southern frontier.

In late October Ducey sued U.S. Bureau of Reclamation asking for a judge’s permission to allow Arizona to continue placing shipping containers near Yuma. This was after federal officials tried to stop construction days earlier. The governor claims Arizona has the legal right to place the containers in the gaps where the federal government has not yet built a barrier.

“The State’s actions have significantly curtailed federal police personnel from freely accessing a border area, and Arizona has placed armed guards onto federal land risks putting federal officers in danger,” The Arizona Republic obtained an email from the Justice Department Office of Legislative Affairs. “Arizona’s actions also have stymied federal efforts in certain areas to construct border infrastructure projects.”

Officials from the Biden administration described the container wall’s construction as an unhelpful stunt.

An administration official stated that the container wall was causing more harm than good. To effectively manage the migration problem, we need to find solutions that involve input from local leaders and communities. Stacking shipping containers just for photo ops is not a good idea or a solution.

The lawsuit was brought on behalf of the U.S. Departments of Agriculture and Interior.

C.J. Karamargin, spokesperson for Ducey said that the governor wants federal action to solve the problem.

He said that shipping containers had always been a temporary solution for an ongoing problem. “The shipping container mission has been a success from our point of view. We have not only filled the gaps at the border barrier but also got the federal government on board to do their jobs.”

Ducey’s administration previously stated that it does not plan to remove containers until a permanent solution has been found. U.S. Customs and Border Protection officials stated that construction will begin near Yuma in January using temporary mesh fencing and vehicle gates.

Ducey’s lawyer wrote to the Justice Department pointing out that Senator Mark Kelly (D-Ariz.) has acknowledged the need to take security measures along the border. In his letter to the Justice Department, the governor cites human-and drug-trafficking in the federal government’s neglect since January 2021 when President Joe Biden stopped construction of the border wall.

Rep. Raul Guilva, D. Arizona, chair of the House Natural Resources Committee, called federal response “welcome news” and “long overdue.”

He stated that “we need to take immediate action to address the illegal and ineffective container wall on federal and Tribal land.” “Governor Ducey has squandered $95 million in taxpayer money, blocked crucial wildlife corridors and created a dangerous situation along our southern border with unauthorized armed security officers. Governor Ducey wants to leave office in a mess. Unfortunately, that’s up to someone else.

Ducey also tested the government on illegal immigration.

Arizona sent over 2,000 migrants to Washington, D.C. this year under a program that Ducey initiated and was funded by taxpayers. According to the contract, the trips cost $82,000 each. The state was then charged $5 million for the bill.