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Ducey sues the Biden administration for control of land along the border with Mexico

Published: Friday, October 21, 2022 - 3:46pm
Updated: Friday, October 21, 2022 - 3:47pm
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Arizona Gov. Doug Ducey is again suing the Biden administration after being told his actions are against the law.

The latest case is over the use of shipping containers as border barriers to stop illegal migration and organized crime.

The core of Ducey’s new case is whether Arizona or the federal government controls land within 60 feet of the border with Mexico.

President Theodore Roosevelt claimed it for the federal government before Arizona became a state.

But Ducey wants a judge to rule the move was unconstitutional and let the state keep using shipping containers as border barriers. If not, Ducey asks that the boundary itself be declared a public nuisance which the state is allowed to quell.

The U.S. Bureau of Reclamation issued a prepared statement in response to the lawsuit:

"We are communicating directly with the state with the intent to ensure the integrity of federal water management infrastructure, the safety of our workforce and to maintain our operational readiness to fulfill our mission and honor the U.S.’s treaty obligations."

Ducey also sued the Biden administration after being told to not funnel COVID-19 money to schools with no mask requirements or pandemic-induced closures. The case was dismissed.