A federal appeals court ruled on Wednesday that Texas can build a razor wire border wall to prevent illegal immigration into the state.
Texas Governor Greg Abbott shared the decision on X, stating that President Biden was “wrong to cut our razor wire.”
“We continue adding more razor wire border barrier,” Abbott, a Republican, wrote.
The 2-1 ruling by the 5th U.S. Circuit Court of Appeals allows Texas to proceed with its lawsuit accusing the Biden administration of trespassing, without having to remove the fencing. It also overturned a federal judge’s decision in November 2023 that denied Texas a preliminary injunction while the state opposed federal efforts to remove fencing near Eagle Pass, Texas, along the Rio Grande.
Circuit Judge Kyle Duncan, appointed by Trump, wrote for the majority, stating that Texas was merely trying to protect its own property, not regulate U.S. Border Patrol. He also noted that the state was likely to succeed in its trespass claims.
Duncan explained that the federal government waived its sovereign immunity and dismissed concerns that Texas’ actions would hinder immigration enforcement or damage U.S.-Mexico relations. He emphasized that the public interest favors property rights, particularly in protecting against government intrusion, and ensuring that federal immigration enforcement does not unnecessarily infringe on property owners’ rights.
Republican Attorney General Ken Paxton called the decision a “huge win for Texas.”
“The Biden Administration has been enjoined from damaging, destroying, or otherwise interfering with Texas’s border fencing,” Paxton wrote on X. “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.”
The White House has been engaged in ongoing legal battles with Texas and other states attempting to curb illegal immigration.
In May, the full 5th Circuit heard arguments in a separate case concerning whether Texas can keep a 1,000-foot floating barrier in the Rio Grande. The appeals court is also reviewing a judge’s ruling blocking a Texas law that would enable state officials to arrest, prosecute, and remove individuals living in the U.S. illegally.
Also Read:
- Two dead and two injured in shooting incident in St. Louis
- Boyfriend fatally shoots suspected car thief in East St. Louis, woman says
