Federal Judge Says US Can't Sell Off Border Wall Building Materials

Biden government says it will stop sales of wall materials left from first Trump term

Border wall sections being erected by the Texas Facilities Commission in Cameron County, Texas in 2023.

Photo courtesy of Texas Facilities Commission

A federal judge in Texas ruled in a virtual hearing Dec. 27 that U.S.-Mexico border wall materials, including steel bollards, structural tubes, concrete and fencing bought during the first Trump administration cannot be sold by federal agencies before President-Elect Donald Trump retakes office on Jan. 20.

The Biden administration had said in 2023 it would continue border wall construction in Texas on federal land using funds that had been earmarked for it from as far back as 2020 because they could not legally be used for any other purpose.

However, no new work other than placement of temporary barriers has happened since then, and some leftover materials have appeared on auction firm Ritchie Bros.' government surplus website GovPlanet.com. The U.S. Dept. of Homeland Security said it will abide by the order, which bans the administration from selling or giving away the border wall materials until Jan. 27, 2025. But many of the GovPlanet materials listings have already disappeared from the auction site.

Judge Drew Tipton, based in McAllen, Texas, also ordered the Biden administration to turn over purchasing records accounting for $1.4 billion that Congress allocated to build the wall on the Mexico border. He said the records will help track materials that Texas Attorney General Ken Paxton alleged the federal government auctioned in violation of a May court order requiring the funds be spent on wall construction.

Tipton, a judicial appointee of President Trump, had asked for the accounting of the materials to determine if any had been unlawfully disposed of or sold in the last year. An attorney for the U.S. Justice Dept. asserted at the hearing that the Items sold came from funds outside of that court order.

"We have successfully blocked the Biden Administration from disposing of any further border wall materials" before Trump takes office, Paxton said in a statement.

Trump, whose personal attorneys joined the lawsuit filed by Paxton and Missouri Attorney General Andrew Bailey in March, also celebrated the ruling on social media. Trump said he plans to restart border wall construction upon taking office.

ENR Associate Technology, Equipment and Products Editor Jeff Yoders has been writing about design and construction innovations for 20 years. He is a five-time Jesse H. Neal award winner and multiple ASBPE winner for his tech coverage. Jeff previously wrote about construction technology for Structural Engineer, CE News and Building Design + Construction. He also wrote about materials prices, construction procurement and estimation for MetalMiner.com. He lives in Chicago, the birthplace of the skyscraper, where the pace of innovation never leaves him without a story to chase.