The Justice Department sued Arizona Gov. Doug Ducey for using shipping containers to form a makeshift border wall, The Arizona Republic reports.
Ducey sued the U.S. Bureau of Reclamation in October, asking a court to let the state continue putting shipping containers at the border near Yuma after the federal agency sought to block him.
Ducey has argued that Arizona has the legal authority to fill gaps in the border wall that have not been completed.
Ducey’s office said that it has no plans to remove the container until a permanent solution is in place.
Customs and Border Protection officials have said they plan to construct “temporary mesh fencing” and vehicle gates starting in January.
The DOJ filed a lawsuit arguing the makeshift barrier is illegal, dangerous and interferes with federal duties.
The DOJ asked a judge to order the removal of the containers and asked for damages for the state’s “unlawful trespasses, including any costs and expenses incurred by the United States.”
The suit also asks for "a declaration that Arizona's use and occupancy of lands owned by the United States without the required permits or other authorization constitutes unlawful trespasses."
Biden admin criticizes stunt:
“I think the longer it's there, the more damage is done and the safety hazard continues to persist,” an administration official said of the container wall, according to the Arizona Republic. “We need serious solutions with input from local leaders and communities to effectively manage the migration challenge, and stacking shipping containers for a photo op isn't a serious solution or helpful.”
A spokesman for Ducey claimed that the governor has always wanted federal intervention on the matter.
"The shipping containers were always a temporary solution to an ongoing problem," he said. "From our perspective, the shipping container mission is a success. Not only have we plugged gaps in the border barrier, but we got the federal government to do their job."