Court Halts Biden Administration's Efforts to Remove Texas Border Concertina Fencing

NEW ORLEANS, LA — The U.S. Court of Appeals for the Fifth Circuit has issued an injunction against the Biden administration, temporarily preventing the removal of concertina wire fencing along the Texas-Mexico border. This decision marks a pivotal moment in the ongoing legal battle between the State of Texas and the federal government over border security measures.

Texas Attorney General Ken Paxton, who has been at the forefront of this legal challenge, secured the injunction pending appeal. This move comes in response to actions by U.S. immigration authorities to dismantle the razor wire fencing, which was installed by the Texas National Guard as part of Operation Lone Star. That operation involves deploying Texas National Guard troops and DPS troopers to the border to aid enforcement. 

The New Orleans-based appellate court's decision overturns a previous ruling by a federal district court. The lower court had concluded that the Biden administration enjoyed sovereign immunity, allowing Border Patrol agents to continue the destruction of the Texas-owned barriers. However, the appellate court found that the federal government was not immune from this lawsuit, leading to the current injunction.

Attorney General Paxton expressed satisfaction with the appellate court's decision, emphasizing the necessity of the fencing in light of what he describes as the "ongoing disaster at the southern border." He vowed to continue fighting against what he terms the "radical policies" of the Biden administration, aiming to ensure the safety and security of Texas residents.

The concertina wire fencing in question was strategically placed on private property along the Rio Grande, with the consent of landowners. The recent actions by U.S. Customs and Border Protection agents, which involved cutting, destroying, or otherwise damaging the fencing, have been at the center of the legal dispute.

This legal tussle is part of a broader series of court cases related to Operation Lone Star. Notably, a lawsuit was filed challenging a new Texas law that permits state officials to arrest, prosecute, and deport individuals who illegally cross the border.

As the concertina wire case continues to be litigated, the Office of the Attorney General and co-counsel the Texas Public Policy Foundation both said the they remain committed to defending the state's border security measures. The U.S. Department of Justice, representing the Biden administration, has not immediately responded to the latest court ruling. Paxton hailed the victory last night after 8 p.m.