For Star subscribers: Gov. Doug Ducey's installation of shipping containers on federal land along the border is 'flawed on so many fronts,' new legal papers say.
Howard Fischer PHOENIX — A lawsuit by Gov. Doug Ducey seeking control of land along the border to place shipping containers is"flawed on so many fronts" that it should not be allowed to proceed, lawyers for the federal government say.
People are also reading… Put another way, he said the land at issue — land the United States acquired from Mexico through the Treaty of Guadalupe and, later, the Gadsden Purchase — could not possibly belong to the state because the state did not exist. And Smith said acknowledgment of that federal ownership was a condition on Arizona being accepted into the Union.
It started in August with the governor ordering his Department of Emergency and Military Affairs to build nearly 3,820 feet of containers near Yuma on land controlled by the Bureau of Reclamation. Then he directed the agency to begin construction of another 10 miles of containers on Forest Service land in Cochise County.
"Arizona is going to do the job that Joe Biden refuses to do — secure the border in any way we can," the governor said in filing suit last month, referring to the president's decision shortly after taking office to halt construction of the border fence that his predecessor, Donald Trump, had started."We're not backing down."
But U.S. District Court Judge Susan Bolton ruled it is settled precedent that the term"invasion" does not apply to a state's claim based on illegal immigration.And he said even if Ducey were right — that the state can use the constitutional power of self defense in immigration issues — the governor's arguments still fail.
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