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Texas land commissioner sues the Biden administration over stalled border wall

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Texas Land Commissioner George P. Bush was in Starr County with a message for President Joe Biden.

"The president has really only two choices: Either follow the law or see your day in court," Bush said.

In a Wednesday press conference, Bush announced he is suing President Biden and Secretary of Homeland Security Alejandro Mayorkas over stalled border wall construction.

The president pulled the plug on border wall construction in January after taking office.

Bush - who recently announced he's running for attorney general - made it very clear the lawsuit is over the separation of powers. In the lawsuit, Bush argues that the Biden administration violated the constitution by stopping border wall construction that would've been paid for with part of the $5 billion that Congress allocated in the Consolidated Appropriations Act.

"This lawsuit is really focused on this acreage, this 3,100 acres but also more importantly, the understanding of the constitution that the president needs to follow the laws and expend the rest of those dollars that were appropriated to finish the wall," Bush said.

Bush argues that this stretch of 3,100 acres - which is owned by the state but leased to a farmer - is suffering because of the two mile area that's left without a wall. That has consequences for public schools throughout the state, which is where the money from leasing land like this goes. 

Starr County Judge Eloy Vera says there are some areas in the county where a wall might be needed - but he doesn't believe this land is one of them.

But Vera said their hands are tied when it comes to state-owned property.

Officials with DHS and The White House did not respond to requests to comment on the lawsuit.

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