The ruling, announced by Texas Governor Greg Abbott, is seen as a direct challenge to President Biden's stance on border security.
According to Fox News, Governor Abbott, a Republican, declared that President Biden was "wrong to cut our razor wire," and affirmed the state's commitment to enhancing its border defenses. "We continue adding more razor wire border barrier," Abbott stated.
The 5th U.S. Circuit Court of Appeals, in a 2-1 decision, has effectively paved the way for Texas to press ahead with a lawsuit against the Biden administration, alleging trespassing. This ruling also overturns a previous decision from November 2023, where a federal judge denied Texas a preliminary injunction as it resisted federal attempts to dismantle fencing near the Rio Grande in Eagle Pass, Texas.
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Circuit Judge Kyle Duncan, appointed by former President Trump, penned the majority opinion. Duncan argued that Texas was merely protecting its property and was likely to triumph in its trespass claims. He dismissed the federal government's concerns that a Texas ruling could hinder immigration law enforcement and strain U.S.-Mexico relations.
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Duncan emphasized that the public interest "supports clear protections for property rights from government intrusion and control" and that federal immigration law enforcement should not "unnecessarily intrude into the rights of countless property owners."
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The ruling was hailed as a "huge win for Texas" by Republican Attorney General Ken Paxton. "The Biden Administration has been enjoined from damaging, destroying, or otherwise interfering with Texas’s border fencing," Paxton wrote. He further stated, "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."
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The White House has been embroiled in legal disputes with Texas and other states seeking to deter illegal immigration. The 5th Circuit is currently examining a separate case between Texas and the White House regarding a 1,000-foot floating barrier on the Rio Grande. Additionally, the court is reviewing an order that blocks a Texas law permitting state officials to arrest, prosecute, and order the removal of individuals residing in the country illegally. This ongoing legal battle underscores the tension between state and federal authorities over immigration policy and border security.
