US sues Arizona, Gov. Doug Ducey over shipping containers on Mexico border

PHOENIX — The U.S. Justice Department has sued Arizona Gov. Doug Ducey and the state Wednesday over shipping containers used as a makeshift wall at the border with Mexico, saying it is trespassing on federal lands.

The complaint filed in U.S. District Court for Arizona comes three weeks before the Republican governor steps aside for Democratic Gov.-elect Katie Hobbs, who has said she opposes the construction.

The government is asking for a judge to order the removal of the containers from U.S. land along the border and damages for the state's "unlawful trespasses, including any costs and expenses incurred by the United States."

In addition, the lawsuit 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."

The action is the latest move in a high-profile standoff between the governor and the federal government over conditions along the nation's southern border. In a response to the federal authorities earlier in the day, Ducey's lawyer noted what they view as inaccurate claims but struck a less defiant tone on an issue they view as demanding long-overdue federal action.

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Ducey sued the U.S. Bureau of Reclamation in late October, asking a judge to allow the state to continue placing shipping containers at the border near Yuma after officials with the federal agency sought to halt construction days earlier. The governor maintains Arizona has the legal authority to put the containers in gaps where the federal government, though having plans to build a barrier, has not yet done so.

"The State’s actions have substantially curtailed federal law enforcement personnel from freely accessing the border area, and Arizona’s placement of armed guards on federal land risks putting federal law enforcement officials in danger," the Justice Department Office of Legislative Affairs wrote in an email about its planned action obtained by The Arizona Republic, part of the USA TODAY Network. "Arizona’s actions have also stymied federal efforts to complete construction of border infrastructure projects in certain locations."

The planned lawsuit will be on behalf of the U.S. Department of Agriculture and Interior.

C.J. Karamargin, a spokesperson for Ducey, said the governor has always wanted federal action to resolve the problem.

"The shipping containers were always a temporary solution to an ongoing problem," Karamargin 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."

Ducey's administration has previously said it has no plans to remove the containers until a permanent solution is in place.

U.S. Customs and Border Protection officials have said construction is set to begin in January on the gaps near Yuma, using "temporary mesh fencing" and vehicle gates.

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Rep. Raúl Grijalva, D-Ariz., who chairs the House Natural Resources Committee, called the federal response "welcome news and long overdue."

“We need immediate action to finally address the illegal and useless container wall on federal and Tribal lands," he said. "Governor Ducey has wasted $95 million in taxpayer dollars, blocked critical wildlife corridors, and manufactured a dangerous situation with unauthorized armed security personnel along our southern border."

Ducey has tested the government over the related matter of illegal immigration as well.

This year, Arizona has sent more than 2,000 migrants to Washington, D.C., on dozens of bus trips under a program initiated by Ducey and underwritten by state taxpayers. The trips cost about $82,000 each, according to the state's contract, resulting in a bill to the state that topped $5 million as of October.

This article originally appeared on USA TODAY NETWORK: Feds sue Arizona over shipping containers wall at the US-Mexico border