Federal Judge Allows Feds to Resume Cutting Texas Border Wire

AUSTIN, Texas — Attorney General Ken Paxton of Texas has lodged an appeal after a federal judge's ruling allowing President Joe Biden and Homeland Security Secretary Alejandro Mayorkas to proceed with dismantling the state's border barriers. Texas had sought a preliminary court injunction to stop the federal government from cutting, damaging, or interfering with the concertina wire fence installed by Texas officials until a final trial could be conducted.

Last October, Paxton initiated a lawsuit and requested a preliminary injunction against the Biden Administration's Department of Homeland Security ("DHS"), DHS Secretary Mayorkas, and various other agencies and officials. This legal action came after federal agents destroyed Texas's concertina wire and permitted the entry of individuals into Texas almost daily for weeks. In response, a federal judge issued a temporary restraining order on an emergency basis following escalated destruction of Texas's concertina wire by federal agents just days after the state filed the lawsuit.

However, today's decision permits the Biden administration to resume its practice of destroying Texas's concertina wire, which was set up by Texas law enforcement to halt the uncontrolled influx of individuals into the state.

Attorney General Paxton expressed disappointment, stating, "I am disappointed that the federal government's blatant and disturbing efforts to subvert law and order at our state's border with Mexico will be allowed to continue. Biden's doctrine of open borders at any cost threatens the safety of our citizens, and we will continue to fight it every step of the way."

Although the court denied Texas's motion, it found no merit in the Biden Administration's arguments that Texas's wire fence hinders Border Patrol's duties or response to medical emergencies. The court stated, "[T]he evidence presented amply demonstrates the utter failure of the Defendants to deter, prevent, and halt unlawful entry into the United States. The [Biden Administration] cannot claim the statutory duties they are so obviously derelict in enforcing as excuses to puncture [Texas'] attempts to shore up the [Administration's] failing system. Nor may they seek judicial blessing of practices that both directly contravene those same statutory obligations and require the destruction of [Texas's] property. Any justifications resting on the [Biden Administration's] illusory and life-threatening 'inspection' and 'apprehension' practices, or lack thereof, fail."

The Office of the Attorney General, along with co-counsel the Texas Public Policy Foundation, plans to appeal to the U.S. Court of Appeals for the Fifth Circuit. They aim to continue safeguarding Texans from the perilous repercussions of the Biden administration's policy of dismantling deterrents to illegal immigration.