The man who allowed a private group to build a portion of a wall at the U.S.-Mexico border in Sunland Park, N.M., is reportedly being charged with illegally constructing without a permit and could now face jail time.

George Cudahy, owner of American Eagle Brick Factory, allowed the group We Build The Wall to use his property to build a portion of the wall but apparently did so without first securing the proper permits, according to KFOX 14.

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The city of Sunland Park filed a criminal complaint last month, and Cudahy failed to appear in court for his initial hearing last week. The city will reportedly file a criminal summons if Cudahy misses his next hearing.

Sunland Park officials are alleging the wall portion was built illegally.

If convicted, Cudahy could face a maximum of three months in jail for building without a permit.

The city made clear the legal action is against Cudahy, not We Build the Wall, a private group largely operational due to money raised through a GoFundMe page.

Sunland Park’s mayor also filed a cease-and-desist order aimed at stopping the group from continuing with the project.

After completing a portion of the 18-foot-tall wall, the group was ordered to keep its gate open indefinitely after failing to obtain the proper permits.

Former Kansas Secretary of State Kris Kobach (R) and former White House chief strategist Stephen Bannon, two high-profile supporters of the project, were in attendance last month when the group unveiled a half-mile stretch of the privately funded border wall.