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Attorney General Catherine Hanaway Secures Court Victory Halting Biden Administration’s Illegal Diversion of Border Wall Funds

JEFFERSON CITY, Mo. – Today, Missouri Attorney General Catherine Hanaway announced a sweeping victory in federal court, successfully halting the Biden Administration’s attempt to illegally divert congressionally appropriated funds away from building the southern border wall.

The first Trump Administration and Congress appropriated billions of dollars to secure the border, protect Missouri, and ensure the overall safety of Americans. At the heart of Missouri’s case $40 million was set aside during Fiscal Year (FY) 2020-2021 for the construction of physical barriers along the U.S.-Mexico border. Instead of using the $40 million for its appropriated use, the Biden Administration attempted to unlawfully redirect them for unrelated purposes, including so-called “wildlife corridors,” in direct violation of federal appropriations law. This diversion left the United States vulnerable at a time when border security is vital.

The Missouri Attorney General’s Office led the legal challenge from the beginning, arguing that the Biden Administration could not spend money outside the scope Congress established. The court agreed, blocking the Biden Administration’s plan and preserving the funds for their intended purpose: protecting the border and ensuring public safety.

“This ruling is a clear win for the rule of law and for Missouri families,” said Attorney General Hanaway. “Whether it’s the Biden Administration or a local government, we will always hold those in power to the highest standards. Taxpayer dollars must be used lawfully and for their intended purposes. Under the Biden Administration’s refusal to secure the border, every state has become a border state, Missouri included, because the consequences of illegal crossings, drug trafficking, and crime reach far beyond the southern border. That’s why our Office will continue to stop unlawful expenditures and fight crime and criminals wherever they threaten the safety of Missourians.”

The federal budget funds in question for FY 2020-2021 expire on September 30, 2025, halting any further efforts to unlawfully disperse more than $40 million in taxpayer funds. This victory also found the Biden Administration’s blatant disregard of Congress’ constitutional authority over appropriations likely to be unlawful.

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