Victory! Texas Border Wall Suit Tossed

December 7, 2020

Agreeing with IRLI, Fifth Circuit finds no jurisdiction

WASHINGTON – On Friday, the Fifth Circuit Court of Appeals ruled in favor of the Trump administration in its appeal of an injunction that an activist Texas district judge had placed on Trump’s emergency transfer of funds to build a border wall. In March, the Immigration Reform Law Institute (IRLI), on behalf of Congressman Andy Barr of Kentucky, had filed a friend-of-the-court brief in the Fifth Circuit arguing that the plaintiffs had no standing to bring their suit, and thus the courts lacked jurisdiction to hear it. In Friday’s opinion, the Fifth Circuit agreed.

Previously in the case, after IRLI, on behalf of Congressman Barr, had filed a brief in the Fifth Circuit in support of the government’s emergency application to stay, or suspend, the injunction pending appeal, the Fifth Circuit did stay the injunction, allowing wall-building to go forward until it decided the merits of the case.

On those merits, IRLI had explained in its brief the numerous reasons why the plaintiffs, which include the County of El Paso, have no standing to sue to stop the Commander-in-Chief of the armed forces from transferring military funds to build a protective barrier at the border. The Fifth Circuit agreed, and dismissed the case for lack of jurisdiction.

“This case should never have been in court in the first place,” said Dale L. Wilcox, executive director and general counsel of IRLI. “It’s obvious that a small border county has no basis to challenge how the President conducts foreign policy. We are glad the court agreed, and put an end to this meritless challenge. Soon, the wall will be complete.”

The case is County of El Paso v. Trump, No. 19-51144 (5th Cir.).

For additional information, contact: Brian Lonergan • 202-232-5590 • [email protected]