Governor Kristi Noem Threatens Lawsuit Against Department of Homeland Security

Noem demands Biden administration halt construction of border wall on private land

South Dakota governor cites eminent domain concerns

South Dakota Governor Kristi Noem has threatened to sue the Biden administration if it does not halt construction of a border wall on private land in her state.

Noem, a Republican, sent a letter to Homeland Security Secretary Alejandro Mayorkas on Tuesday, demanding that the department "immediately cease and desist" construction of the wall on private property in South Dakota.

The governor argues that the construction of the wall on private land without the consent of the landowners is a violation of the Fifth Amendment of the U.S. Constitution, which prohibits the government from taking private property for public use without just compensation.

"The federal government does not have the authority to seize private property for the purpose of building a wall," Noem wrote in the letter.

"This is a clear violation of the Fifth Amendment, and we will not hesitate to take legal action to protect the rights of our citizens," she added.

The Biden administration has said that it is committed to building the wall on the U.S.-Mexico border, but has not yet released a detailed plan for how it will do so.

The Trump administration began construction of the wall in 2017, but the project was halted by the Biden administration in January 2021.

Noem's threat to sue the Biden administration is the latest in a series of legal challenges to the construction of the wall.

In February, a federal judge in Texas blocked the Biden administration from halting construction of the wall, but the administration has appealed that ruling.

The legal battle over the wall is likely to continue for months, if not years.