Federal Judge Prohibits Removal of Texas Border Barriers

A federal judge has prohibited the Biden administration from removing Texas’ wire fencing to mitigate illegal immigration.

“The district court found that the Border Patrol exceeded its authority by cutting Texas’s c-wire fence for purposes other than a medical emergency, inspection, or detention. Moreover, the public interest supports clear protections for property rights from government intrusion and control,” the court wrote. “Defendants are ENJOINED during the pendency of this appeal from damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass, Texas, as indicated in Texas’s complaint.”

In a press release, Texas Attorney General Ken Paxton said, “I am very pleased the appellate court has forbidden federal agents sent by the Biden administration from destroying our concertina wire fences.”

“Given the ongoing disaster at the southern border due to the federal government’s intentional actions, more than ever it is necessary to take every step we can to hold the line. I will continue to fight against the Biden administration’s radical policies and work to make Texas a safer, more secure place to live.”

In October, a federal judge issued a temporary restraining order prohibiting the Biden administration from tampering with a wire fence designed to protect Texas’ border with Mexico.

Chief U.S. District Judge Alia Moses ruled that Texas would likely be harmed if federal officials dismantled the fence.

In his 11-page decision, Moses wrote, “[T]he Court GRANTS the Motion for a temporary restraining order until the parties have an opportunity to present evidence at a preliminary injunction hearing before the Court.”

“The Plaintiff preliminarily establishes that it would face irreparable harm without a temporary restraining order,” the decision added. “The Plaintiff alleges that by ‘damaging, destroying, and exercising dominion over state property,’ the Defendants are causing the Plaintiff to incur ‘extensive costs.’”

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