In a significant victory for the State of Texas, the U.S. 5th Circuit Court of Appeals has ruled that the Biden administration must cease interfering with Texas’ installation of concertina razor wire barriers along the southern border. The decision, issued on November 27, reverses a lower court’s ruling in favor of the federal government and grants Texas a preliminary injunction to protect the barriers.
The ruling marks the latest development in a contentious legal battle over border security measures. Previously, a district court had allowed federal agents to remove the razor wire, citing conflicts with federal enforcement operations. Texas appealed, arguing that the federal government’s actions were an overreach and amounted to undermining state efforts to secure its border.
In its decision, the 5th Circuit stated, “Defendants are ENJOINED from damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass... in instances where Defendants have the necessary access to both sides of Texas’s c-wire for immigration law enforcement purposes.”
The court also clarified that federal agents must maintain necessary access to both sides of the barrier to enforce immigration law, particularly in Shelby Park near Eagle Pass.
Texas Pushes Back Against Federal Authority
Governor Greg Abbott lauded the court’s ruling, declaring it a validation of Texas’ border security initiatives. “BREAKING: the federal court of appeals just ruled that Texas has the right to build the razor wire border wall that we have constructed to deny illegal entry into our state,” Abbott posted on X (formerly Twitter). “We continue adding more razor wire border barrier.”
The state has faced opposition from the Biden administration, which argues that federal agents must have unimpeded access to address immigration issues and enforce federal laws. Texas has defied federal efforts to remove the barriers, despite a U.S. Supreme Court ruling in January permitting the federal government to cut through the wire.
Abbott’s social media posts indicate Texas has ramped up its efforts, installing miles of razor wire barriers. The governor emphasized that Texas would not retreat in the face of legal challenges and federal resistance, stating, “Despite the continued attacks and lawsuits by the Biden-Harris Administration, Texas refused to back down from protecting our state. We will hold the line.”
A Polarizing Issue
Texas’ use of concertina wire has drawn both support and criticism. Several Republican governors have expressed solidarity with Texas’ approach, seeing it as a necessary step to address illegal immigration. On the other hand, critics argue that the barriers pose risks to migrants and complicate federal border operations.
The temporary injunction granted by the 5th Circuit applies to multiple federal agencies, including the Department of Homeland Security, U.S. Customs and Border Protection, and the Border Patrol.
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