As Donald Trump heralded 450 miles of new border wall in a stop in south Texas on Tuesday, lawyers in a two-year legal battle filed new arguments in a suit to stop the wall.

The suit pits the American Civil Liberties Union and community groups as well as ranchers here in Arizona against the U.S. government over funding for the border wall.

In a filing Tuesday, lawyers for the ACLU argued the Trump administration is acting against the constitution by using military funding to build the wall. Dror Ladin is the organization’s lead attorney in the suit.

"So many things have happened since then but it really was just two years we were in the longest government shutdown specifically because Congress was not giving the president the billions of dollars he wanted for a wall," Ladin said. 

The incoming Biden administration has not told the ACLU it will drop the petition that Trump took to the Supreme Court to fight the suit.