'Pattern of disregard': Red states seek court action against Biden admin's 'shameful' border wall disposal

The Biden administration has been auctioning off border wall parts since at least 2023 with parts listed for sale on auction marketplaces, after it abruptly shut down most border wall construction in 2021.

A defense official told Fox News last week that the Pentagon has been disposing of excess wall construction in accordance with the fiscal year 2024 National Defense Authorization Act, which required the defense secretary to submit a plan to use, transfer or donate all remaining wall material purchased with Pentagon funds. That plan was submitted in March.

The official said border states, including Texas, were first offered that material for purchase before auction. The official also said the materials no longer belong to the U.S. government, adding the Defense Department has no legal authority to recall the material or stop further resale of it.

"Through our reutilization, transfer and donation process, nearly 60% of those materials were transferred to authorized recipients, including U.S. Customs and Border Protection and the states of Texas and California," the official said. "The remaining 40% was sold to GovPlanet under a competitive sales contract process beginning in June 2024. The material currently being sold through GovPlanet online auctions no longer belongs to the U.S. Government, and DOD has no legal authority to recall the material or stop further resale of material it no longer owns."

President-elect Trump, meanwhile, said on Monday he had been working with Texas Attorney General Ken Paxton and others to acquire the materials.

"What they're doing is really an act, it's almost a criminal act," he said. "They know we're going to use it, and if we don't have it, we're going to have to rebuild it. And it'll cost double what it cost years ago, and that's hundreds of millions of dollars because you're talking about a lot of, a lot of wall."

Paxton said in a statement that Texas is going to court to "prevent any border security materials from being unlawfully sold and to find out the truth about what the federal government may be doing to subvert border wall construction."

"President Trump has an overwhelming mandate from the American people to build the wall and I will do everything in my power to prevent any acts of sabotage by the outgoing administration," he said.

"I made a promise to use every tool at my disposal from the GLO to secure our border and protect Texans," Buckingham said in the statement to Fox. "That is why I have offered state leaders and President-Elect Donald Trump the opportunity to store any wall panels his incoming administration may acquire on state land. I will never give up the fight to secure our porous southern border and protect our sons and daughters from violent, criminal illegal immigrants."

Fox News' Jennifer Griffin contributed to this report.