Texas Border Wall Showdown

March 17, 2020

IRLI argues that the plaintiffs should be kicked out of court

WASHINGTON – Yesterday the Immigration Reform Law Institute (IRLI), on behalf of Congressman Andy Barr of Kentucky, filed a friend-of-the-court brief in the Fifth Circuit Court of Appeals in support of the Trump administration. The administration is appealing an injunction an activist Texas district judge had placed on Trump’s emergency transfer of funds to build a border wall.

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, that 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 explains 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. And if the plaintiffs lack standing, the court has no jurisdiction to decide the case, and should dismiss it.

“This case shouldn’t be in court in the first place,” said Dale L. Wilcox, executive director and general counsel of IRLI. “It’s so obvious that a small border county has no basis to challenge how the President conducts foreign policy. We hope we convince the court of this, and that it tosses the plaintiffs out on their ears.”

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]