Appeals court hands Texas a big victory, making it harder for Biden admin to let in illegal aliens
The U.S. Court of Appeals for the Fifth Circuit handed the Lone Star State a big win Wednesday, barring the Biden administration from “damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass.”
The Biden administration has worked feverishly in recent years to hinder the state’s efforts to secure its southern border with Mexico. These efforts have focused in large part on Shelby Park, a 47-acre municipal park in Eagle Pass where hordes of illegal aliens have stolen into the homeland.
The question of whether state troopers and members of the Texas National Guard could lay nearly 30 miles of concertina wire in the area has been batted around the courts for over a year.
The Fifth Circuit Court issued a temporary order in December 2023 prohibiting the Biden administration from cutting wire except when faced with medical emergencies. The following month, the U.S. Supreme Court vacated the order and kicked the matter back down to lesser courts.
Although the legal dispute was far from settled, Texas lay wire anyway, citing its need and responsibility to “maintain operational control.”
The installation of nearly 70,000 rolls of razor wire in Eagle Pass along with fencing and shoreline barriers apparently helped make an immediate difference. According to the Media Research Center, after closing off Shelby Park in January, the number of illegal alien encounters dropped 325% from the previous month and 41% from January 2023.
Federal agents responded to the reinforcement of the border by cutting through the wire on multiple occasions —something the Border Patrol union stated would “undoubtedly encourage more illegal immigration” and hinder Border Patrol agents’ efforts to target criminal elements crossing the border illegally.
‘This is a good win for Texas, a good win for the country.’
Texas Attorney General Ken Paxton, rumored to be under consideration by President-elect Donald Trump for the next FBI director, sued the Biden administration in October, accusing Border Patrol of illegally destroying state property when helping foreign nationals flout American law.
Paxton’s lawsuit indicated further that federal agents “not only cut Texas’ concertina wire, but also attach[ed] ropes or cables from the back of pickup trucks to ease” illegal aliens to steal into the country, reported the Texas Tribune.
District Judge Alia Moses granted the state temporary relief, allowing federal officials to cut wire only in cases of life-threatening medical emergencies.
The Fifth Circuit Court of Appeals issued a 2-1 opinion Wednesday granting Texas a preliminary injunction against the Biden administration. Circuit Judge Kyle Duncan, who was nominated to the court by President-elect Donald Trump, noted in the majority opinion:
The injunction is not barred by intergovernmental immunity because Texas is seeking, not to “regulate” Border Patrol, but only to safeguard its own property. Nor, for similar reasons, is the injunction barred by the Immigration and Nationality Act (“INA”). Finally, Texas has satisfied the injunction factors from Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008). Most importantly, the United States does not even contest that Texas has shown it will likely succeed on its state law trespass claims.
The court noted that while the Biden administration contends that the concertina wire poses a risk to human safety, the administration’s own behavior does as well as it has “facilitated and encouraged aliens to ‘undertake the dangerous task of crossing the river.'”
The court also rejected the Biden administration’s argument that the Lone Star State’s fencing undermines international relations, adding that “concerns about international relations do not erase property owners’ rights over thousands of square miles along the border.”
The lone dissenter on the court was a Biden-nominated judge, Irma Carrillo Ramirez.
The ever-defiant Republican Gov. Greg Abbott noted in response to the ruling that Texas will “continue adding more razor wire border barrier.”
Paxton called the result a “huge win for Texas,” tweeting, “We sued immediately when the federal government was observed destroying fences to let illegal aliens enter, and we’ve fought every step of the way for Texas sovereignty and security.”
“It was shocking to me that the federal government would go out of their way to cut razor wire to allow illegals to cross when we’re just trying to protect our own land,” Paxton reportedly told Newsmax Wednesday evening. “This wasn’t their land. This was our land, our private property. It had nothing due to the federal government. So this is a good win for Texas, a good win for the country, that this court recognized our ability to protect our land.”
The Tribune noted that a spokesman for the U.S. Department of Homeland Security did not respond to its request for comment.
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