Biden Vowed Not Another Foot of Wall. Then His Team Waived Laws to Build It. Jean-Pierre: 'You Want Us to Break the Law?' (October 5, 2023)

As a candidate, Joe Biden promised not one more foot of border wall. On Oct. 5, 2023, his administration waived a stack of federal laws to build more of it in Texas, and a reporter asked the White House what changed.

“As a candidate, President Biden didn’t say, ‘There will not be another foot of wall constructed that — except what was appropriated in 2019.’ He said, ‘There will not be another foot of wall constructed [in] my administration.’ So, something changed. What?” the reporter asked [1].

“You want us to break the law? Is that what you want? You want us to not comply with the law?” Press Secretary Karine Jean-Pierre shot back, according to the official White House transcript. “I’m not — I’m — I’m asking about —” the reporter said. “He was declarative.” [1]

“If you have to build a border wall but you don’t think that it’s going to work, then once it’s done, are you just going to tear it down?” the reporter asked. “I’m not getting into hypotheticals from here,” Jean-Pierre said [1].

The video above shows the exchange at the Oct. 5, 2023, briefing. Quotes are from the official White House transcripts and the Federal Register [1][2][3].

”An Acute and Immediate Need”

The notice had been published that morning in the Federal Register, signed by Homeland Security Secretary Alejandro Mayorkas. “There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project areas,” it said [3].

It gave the reason. “As of early August 2023, Border Patrol had encountered over 245,000 such entrants attempting to enter the United States between ports of entry in the Rio Grande Valley Sector in Fiscal Year 2023,” the notice said [3].

To speed the work, it waived laws including the National Environmental Policy Act, the Endangered Species Act and the Clean Air Act for the project in Starr County, Texas [3].

”Do You Believe the Border Wall Works?”

Earlier that day in the Oval Office, reporters asked Biden. “You pledged not to build another foot of border wall. What changed?” a reporter asked. “Nothing,” Biden said [2].

“The border wall — the money was appropriated for the border wall. I tried to get to them to reappropriate it, to redirect that money. They didn’t. They wouldn’t,” Biden said. “Do you believe the border wall works?” a reporter asked. “No. Okay, thank you,” Biden said [2].

”Why Is the Homeland Security Secretary Saying That It’s Necessary?”

At the briefing, a reporter pointed out the contradiction. “If the border wall is ineffective, why is the Homeland Security Secretary saying that it’s necessary to prevent unlawful entries into the United States?” [1]

“I have not seen that full — that full statement,” Jean-Pierre said. “It’s in the notice that went out this morning,” the reporter said. “I — I hear you. I’m just saying I’ve not seeing that full — his full statement on that,” she answered [1].

Another reporter quoted the 2020 promise: “‘There will not be another foot of wall constructed in my administration.’ How can you say that he’s not breaking that promise?” Jean-Pierre answered: “I believe there was a different president in 2019 — right? — that was a Republican president — who actually pushed this forward.” [1]

“But why is the administration waiving laws to expedite construction if the border wall is ineffective?” a third reporter asked. “I answered that question a couple times already. I’ll answer it one more time for you,” Jean-Pierre said [1].

”This Is Not New”

Jean-Pierre insisted the plan was old news. “Now, this was something that was announced six months ago. DHS actually announced this six months ago. And so, this is not new. This is actually not new,” she said [1].

“But will this help with the situation in Texas?” a reporter asked. “We believe that a border wall is not effective. You heard that from the President when your colleague, Selina, asked him directly,” Jean-Pierre said [1].

”Why Not Just Go to Court?”

The reporter who asked about the promise pressed further. “You guys do this all the time. The student loans — the student loan forgiveness program — you went to court to fight for that. If this is such a problem — building 20 miles of wall — why not just go to court?” [1]

“We went to Congress. The Congress appropriates the funding,” Jean-Pierre said [1].

By the Numbers

245,000+: border crossers caught between ports of entry in the Rio Grande Valley Sector in fiscal 2023, as of early August [3].
2019: the year Congress set aside the wall money [1][3].
20 miles: the wall the reporter described [1].

What Happened Next

Trump ordered more wall. On his first day back in office, President Donald Trump declared a national emergency at the southern border. “The Secretaries of Defense and Homeland Security shall immediately take all appropriate action, consistent with law, including 10 U.S.C. 2214, to construct additional physical barriers along the southern border,” the proclamation said [4].

For Jean-Pierre claiming Biden had done more than anyone to secure the border, see HYGO News’ page on Aug. 31, 2023. For her calling Trump’s wall “useless” seven months earlier, see the page on March 7, 2023.