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Texas, Missouri Sue President Biden Over Southwest Border Policy

Oct. 22, 2021, 5:05 PM

Texas and Missouri sued the Biden administration and Department of Homeland Security, arguing that president lacks constitutional or statutory authority to suspend further construction of the Southwest border wall.

The complaint, filed Thursday in the U.S. District Court for the Southern District of Texas, argues that the president can’t unilaterally override appropriations bills without violating separation of powers, and that the Homeland Security’s failure to act violates the Administrative Procedure Act.

The lawsuit acknowledges that the administration and DHS could potentially base their actions on the Impoundment Control Act of 1974, which allows the president to withhold budget authority through ...

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