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US government seeks to throw out border wall lawsuit

“Like other communities of colour, who have suffered comparable or worse injustice(s) at the hands of the United States government, the Plaintiffs seek refuge in the Fifth Amendment to the United States Constitution on multiple grounds.”

An aerial shot of a new "Defund The Wall" mural that was painted outside the Laredo federal courthouse.

An aerial shot of a new “Defund The Wall” mural that was painted outside the Laredo federal courthouse.

With 38 days until the election, the Trump administration has responded to the lawsuit by filing a motion asking the court to dismiss the case.

The motion argues that the President has full authority to construct a wall in the interest of border security – including by waiving any legal requirements in order to fast-track the process.

“Congress has repeatedly identified the construction of border infrastructure to prevent illegal entry of people and contraband as a significant priority,” it says.

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“Defendants respectfully move the court to dismiss plaintiffs’ complaint in full.”

The stoush over the wall is yet another flash point in what has already become a racially charged election.

It has also erupted at a time when Republicans and Democrats are aggressively campaigning to woo Hispanic and Latino voters, particularly in critical states such as Texas, Arizona and Florida.

On Saturday (AEST), at a Latinos For Trump roundtable in Doral, Florida, the President told the audience: “The people that understand the border better than anybody are the Hispanics. They don’t want bad people coming into our country. They don’t want people coming into the country that are going to take their jobs.”

South Texan lawyer Carlos Flores, who filed the lawsuit on behalf of the plaintiffs, said the legal battle would continue despite the motion. Plaintiffs had until October 5 to respond, he said, and would continue to challenge the matter in court.

Laredo resident and lawyer Carlos Flores overlooking the Rio Grande river.

Laredo resident and lawyer Carlos Flores overlooking the Rio Grande river.Credit:Farrah Tomazin

“This is about the US government’s unconstitutional actions against landowners in the Laredo sector,” Flores said.

“It’s a constitutional challenge to the use of power to seize land, waive laws, and build a wall based on a racist premise.”

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