Asked by CNN on Tuesday whether there are plans to continue finalizing contracts, even in areas where the property is not owned by the federal government, Customs and Border Protection Commissioner Mark Morgan replied “yes”.
“We believe that probably by January 17, 19, we will have well over 700 miles out of the 800 financed … The contract will have already been awarded,” said Morgan. “The main milestone is the award of a contract.”
“The Army Corps exists to build,” said Tiefer. “This is their mission. Therefore, they are expected to always follow the orderly path of buying the land before signing contracts.”
Attempts to completely halt construction, as Biden promised, will be difficult, especially if contracts continue to be closed – a challenge that Morgan acknowledged on Tuesday. “They can terminate these contracts if they want, but this is going to be a very long and confusing process,” said Morgan.
“We will have to come to terms with each individual contractor, “added Morgan, noting that payments will have to be made for what they have already done, as well as for the materials produced. He estimated that the process could cost billions.
Raini W. Brunson, a spokesman for the US Army Corps of Engineers, said the agency had nothing to add other than Morgan’s comments.
In a statement, CBP said that most of the miles financed through fiscal 2020 are owned by the federal government and noted that real estate design and acquisition activities “occur in parallel”.
“Real estate acquisition activities continue for other areas of the project while the construction contractor is working in areas that have been acquired or were already owned by the government, thus mitigating any possible delays,” says the statement. “Based on CBP’s experience in building barriers in 2007-2009, this is the most efficient process for building quickly in areas where Border Patrol agents need it most.”
Morgan praised the government’s progress in building the border wall on Tuesday in a call with reporters, saying the goal of completing 450 miles by the end of 2020 has been met.
Of the 450 miles, most are replacing old, dilapidated barriers with a new, improved border wall system, a marked difference from the fence previously built in some regions.
About 47 miles went up where there were no barriers previously, according to data provided by CBP.
Over the past four years, Trump has repeatedly cited the border wall as an achievement and as a critical component of his immigration agenda. Biden set a different tone.
The government has long-standing authority to terminate contracts, although this also comes at a cost, according to contracting experts. But the next government may also have to deal with contracts awarded in areas where the government does not yet own the land.
“It is not a question of whether they can terminate these contracts. It is a question of whether or not they can grant these contracts,” said Tiefer.