Sunday, according to KSAZ-TV, Santa Cruz County Sheriff David Hathaway referred to Arizona Governor Doug Ducey’s homemade border wall, comprised of double-stacked shipping containers, as “illegal dumping” and warned he would take action against anybody who continued its construction in his county.

According to The Hill, Governor Ducey declared in August that he was utilizing containers to fill holes in the southern Arizona border “regardless of location.” According to KSAZ-TV, Hathaway, whose county is in southern Arizona, argued that Ducey lacks the power to install the containers on federal and national forest territory.

“It’s not state land, it’s not private land, and the federal government has said this [is] illegal activity,” Hathaway explained. “So just the way if I saw somebody doing an assault or a homicide or a vehicle theft on public land within my county, I would charge that person with a crime.”

In October, the White House voiced similar concerns, requesting that Ducey suspend all work near the Arizona border and remove the shipping containers, and asserting that the area belonged to the federal government and the West Reservation of the Cocopah Indian Tribe. On October 21, Ducey filed a lawsuit against the federal government, according to the Associated Press.

“Arizona is going to do the job that Joe Biden refuses to do — secure the border in any way we can,” Ducey said. “We’re not backing down.”

Ducey is scheduled to leave office in January, and Democratic gubernatorial candidate Katie Hobbs will succeed him. AP News reports that Hobbs that she was investigating the incident and will handle it following her inauguration on January 5.