Justice Department Sues Arizona Gov. Doug Ducey Over Makeshift Shipping Container Border Wall

The Justice Department has filed a lawsuit against Arizona Governor Doug Ducey for the makeshift shipping container border wall along the state's border with Mexico.

The lawsuit claimed that the state has trespassed on lands owned and managed by the federal government without the required permits. The state has been imposing such decisions and actions under the executive order from Ducey.

Federal prosecutors argued that the shipping containers could damage federal lands, threaten public safety, and hinder federal law enforcement's ability to do their duties.

In line with the lawsuit, the DOJ is asking the court to order the state to stop installing the containers and remove them from the remote San Rafael Valley in Cochise County.

The Justice Department also wanted to declare Ducey's executive order a violation of the Constitution. Ducey issued the executive order amid his final weeks in office. The executive order directs the state's Department of Emergency and Military Affairs to urgently fill gaps in the border wall.

Arizona's border wall along the U.S.-Mexico border was installed with 60 double-stacked shipping containers and concertina wire at the top.

Arizona's Shipping Container Border Wall

Arizona officials had been warned by the Reclamation and Forest Service that they were trespassing on federal lands and were violating federal law with the installment of the shipping containers along the U.S.-Mexico border wall.

The lawsuit, which was filed in the Arizona District Court on Wednesday, noted that Arizona has refused to stop its trespasses and installation of shipping containers and remove the makeshift border wall from federal lands.

The Justice Department said the state has indicated that it will still trespass on federal lands and install more shipping containers.

It further noted that Arizona impedes the National Forest System's accessibility to the federal land. It added that the shipping containers could also slow down access to crime scenes or the investigation of criminal activity.

The Justice Department maintained that Arizona is violating the U.S. Constitution's supremacy clause, stating that federal laws take priority over state laws when there is conflict.

The department noted that the Arizona Department of Emergency Management personnel cleared out vegetation to put more shipping containers. The DOJ said almost four miles of shipping containers were illegally placed along the border.

Arizona Governor Doug Ducey's Executive Order

The Republican governor has accused the administration of President Joe Biden of failing to address the urgent "danger of criminal and humanitarian crises" at the U.S.-Mexico border. The shipping container was estimated to be 3,000 containers long. It is also projected to reach 10 miles and cost around $95 million.

Santa Cruz County Sheriff David Hathaway recently slammed the building of the wall, issuing a warning that anyone aiding with the construction of the wall in his county will be arrested. Hathaway said the area officials are placing containers "entirely on federal land, on national forest land."

After Ducey signed the executive order, contractors quickly worked on the shipping containers' wall. Ducey sued the U.S. Forest Service, the U.S. Bureau of Reclamation, and their chiefs last October. Agriculture Department Secretary Tom Vilsack was also included in the complaint.

The Arizona governor said in the complaint that the action was necessary because of the "high burden" the state has experienced with the influx of migrants arriving at the border.

He noted that the state will protect itself from mass migration. Ducey added that the state's security and citizens "must not be ignored."

This article is owned by Latin Post.

Written by: Mary Webber

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