Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton could have a valid claim in suing the federal government and may prevail on a portion of their complaint to resume construction of the border wall initiated by former U.S. President Donald Trump.
“The argument is that this trickle-down effect of people relocating to Missouri who illegally crossed the border are somehow putting Missourians at harm,” said Timothy Intessimone, an attorney in Joplin. “The conservative nature of our U.S. Supreme Court may be friendly toward this America first nationalist idea. However, I think it’s going to be difficult.”
The two Republican state attorneys general filed their federal complaint in the Southern District of Texas Victoria Division last week against Secretary of the U.S. Department of Homeland Security Alejandro Mayorkas, Acting Commissioner of U.S. Customs and Border Protection Troy A. Miller, the U.S. Customs and Border Protection, the U.S. Department of Homeland Security, U.S. Pres. Joe Biden and the United States.
“It's interesting that more states haven't joined in that are on the border,” Intessimone told the St. Louis Record. “I think that would make for a more impactful argument. The states of Arizona, Nevada, and New Mexico would have a much greater argument to show the impact of the shutting down of building this wall, including even economic impact to workers in our state.”
The five counts, according to the Oct. 21 complaint, include the following.
Violations of the Take Care Clause
“What they are saying here is that if we don't have secure borders, we're not taking care of our own and ensuring the safety and security of the citizens of the sovereign state of Missouri,” Intessimone said.
Violations of the Impoundment Control Act of 1974.
“It’s a pretty obscure statute,” Intessimone said. “The overall goal is the protection of Missouri citizens but the statute is a little bit more dated and from a different era but it’s still not uncommon for very old laws to be applied and used because there's still valid provisions within our governmental policy that people can make claims on that have never been repealed.”
Arbitrary and Capricious Agency Action—Failure to Consider State Reliance Interests
“It seems that the state and the attorney general believe there's a significant economic impact, which necessitates joining in with other states, in particular, Texas,” Intessimone added. “The argument is if people are able to come in and cross over the border then they could, in turn, come to Missouri and affect our healthcare system, our Medicaid system, our public infrastructure, and also the job market.”