Biden’s call to halt border wall construction unconstitutional: Accountability Office launches investigation

Sept. 10, 2019 – Government contract workers, who are building the Arizona border wall built by a Pentagon grant and covered along the Colorado River.

The federal Government Accountability Office/GAO confirmed Tuesday, March 23, that it is investigating the constitutionality of Biden‘s January action to freeze construction of a border wall along the U.S.-Mexico border.

Former President Trump, who made border wall construction a key 2016 campaign promise, began construction of the wall amid legal battles and battles with Congress. But on Biden’s first day in office, he used his executive power to call off border wall construction. However, the construction of the border wall is funded by a budget of $1.4 billion approved by Congress. The money was used as part of a $900 billion stimulus bill to offset the damage caused by the Communist virus (COVID-19) pandemic in December.

U.S. media outlet Politico reported that the GAO will investigate whether the Biden Administration violated any laws by freezing construction. The report argues that this is likely unconstitutional because the Constitution only authorizes Congress to dispose of federal funds.

A spokesman for the watchdog said Wednesday, “Yes, we have received a request for a legal opinion from Congress on this matter. And we have accepted that request.” But he did not disclose the exact nature of the GAO investigation.

Some senators who spoke with Politico noted that Biden has been a senator for decades and should be aware of the rule.

Sen. Roy Blunt (R-Mich.) told Politico, “He’s (Biden) been in Congress a long Time …… He knows it’s Congress’ job to authorize the use of this money, and all the president has to do is spend it effectively.”

Biden suspended construction of the border wall on his first day in office, Jan. 20, and also repealed several other Trump-era immigration rules. Biden has called the construction of the border wall a wasteful expenditure.

In his order, Biden said, “Like every nation, the United States has the right and the obligation to secure its borders and protect its people from threats. But building a giant wall across the entire southern border is not a serious policy solution. It is a waste of money, and it diverts attention from real threats to our homeland security.”

Biden’s order further states that “no more U.S. taxpayer money should be spent on a border wall” and that the federal government will “conduct a serious review of all resources allocated or reallocated for a southern border wall.”

On Tuesday, more than 60 Republican House members and four Republican senators sent a letter to the GAO in which they said, “We are writing to request a legal opinion on the Biden administration’s action to suspend construction of the border wall and order a freeze as a co-signatory to the March 17, 2021, letter from 40 U.S. senators requesting the Government Accountability Office. “

The congressmen added: “Congress has provided funding for this purpose, and we believe (Biden) has violated the Forfeiture Control Act (ICA).”

Republicans seized on Biden’s immigration orders, including Biden’s support for a pathway to citizenship for 11 million illegal immigrants living in the U.S., and said the orders were responsible for a surge in the influx of refugees along the U.S.-Mexico border.

Trump also said in an interview with Fox News this week that Biden is actively working to “destroy” America by executive order.

You can’t accept millions of people,” Trump said. They’re going to come in by the millions before this mess is over.” “We want people to come in, but they have to be able to help our country. They have to be credentialed to come in, and they have to come in legally.”