The Biden administration announced Friday that it will cease selling materials originally intended for constructing a border wall along the U.S.-Mexico border. The decision comes just weeks before President-elect Donald Trump’s inauguration, as he has pledged to prioritize resuming border wall construction—a project that faced significant opposition from Democrats and establishment Republicans during his first term.
The announcement follows legal action by Texas Attorney General Ken Paxton, who sought to halt the outgoing administration’s efforts to obstruct border wall construction in President Biden’s final weeks in office. Paxton requested a hearing to investigate potential legal violations after reports surfaced that portions of the border wall were sold off for “pennies on the dollar,” according to a press release from his office.
“The Biden Administration confirmed to the court today that it will agree to an order preventing the outgoing administration from disposing of any further border wall materials over the next 30 days—allowing President Trump to use those materials as he sees fit. This will be adopted as an order of the court, making it enforceable if any violations occur,” the release continued.
The court also ruled that Texas is entitled to access documentation verifying that the Biden administration has complied with an injunction secured by Attorney General Paxton in May 2024. The injunction required the administration to allocate statutorily obligated funds toward border wall construction after an attempt to unlawfully redirect the money. If it is determined that the Biden administration sold off border wall materials purchased with funds covered by the injunction, or if the Department of Justice failed to accurately report on materials already auctioned, the responsible parties could face contempt of court charges.
“We have successfully blocked the Biden Administration from disposing of any further border wall materials before President Trump takes office,” Paxton said in a statement Friday. “This follows our major victory forcing Biden to build the wall, and we will hold his Administration accountable for illegally subverting our Nation’s border security until their very last day in power, especially where their actions are clearly motivated by a desire to thwart President-elect Trump’s immigration agenda.”
In January 2021, the Biden administration abruptly halted border wall construction after 450 miles were completed during Trump’s first term. Beginning in 2023, unused border wall materials were auctioned off, with some listed for sale on GovPlanet.com, an online auction platform. The Department of Defense confirmed that the materials had been handed over to the Army Corps of Engineers and subsequently made available for purchase.
