https://ago.mo.gov/attorney-general-bailey-obtains-court-order-blocking-joe-biden-from-illegally-diverting-funds-away-from-building-the-border-wall/
In FY 2020, Congress passed a law explicitly requiring the President to construct barrier systems at the southern border to keep unauthorized individuals out of our country. The law provided $1.4 billion to build the border wall and explicitly stated the money “shall
only be available for construction of barrier systems along the southwest border.” The Biden Administration refused to comply with Congress’ command.
When asked why the Biden Administration “did not build a barrier, such as a wall, to keep migrants out,” it replied that “
t is not the policy of this administration” because “[w]e do not agree with the building of a wall.” DHS expressed its intention to “end wall expansion.” The Administration even “call[ed] on Congress to cancel remaining border wall funding” because they knew that without congressional action, they would need to use the appropriated funds for their specified purpose: finish the construction of President Trump’s border wall. Yet when Congress did not capitulate to its demands, the Biden Administration ignored its constitutional obligations to abide by Congress’ appropriations laws and opted not to use the funding for the purpose Congress directed.