In response to the Biden administration's ongoing auctioning of border wall materials, Senator Bill Hagerty (R-TN) has introduced legislation to prevent the federal government from selling or otherwise disposing of these resources. This action follows renewed controversy surrounding the sale, with President-elect Trump criticizing the practice and seeking ways to reclaim the materials for future border security efforts.

Hagerty's bill aims to prohibit the use of federal funds for dismantling any part of the existing border wall and forbids the sale or transfer of materials originally acquired for its construction or maintenance. This legislation comes as the Biden administration continues to auction off border wall components on GovPlanet.com, a move that began in 2023 after construction was halted in January 2021. Despite the potential for these materials to be used by a future Trump administration, the auctions persist, with reports indicating weekly occurrences in Arizona.

President-elect Trump has strongly condemned the sales, labeling them as “almost a criminal act” and urging President Biden to cease the practice. Trump emphasized the potential financial repercussions, highlighting the increased costs of rebuilding the wall if the existing materials are unavailable. He is reportedly collaborating with Texas Attorney General Ken Paxton and other Texas officials to retrieve the auctioned materials.

A defense official stated that the Pentagon's disposal of surplus wall materials adheres to the 2024 National Defense Authorization Act (NDAA), which mandated a plan for the use, transfer, or donation of remaining materials. While border states were reportedly given priority, the official clarified that the sold materials are no longer government property, precluding any legal recourse to retrieve them. However, Hagerty's bill seeks to override existing legislation, including the NDAA, with his office asserting that the NDAA provision was originally intended to promote border wall construction.