AG Paxton: Supreme Court Allows Biden's Support of Foreign Invasion

AUSTIN – Texas Attorney General Ken Paxton issued a statement following the Supreme Court of the United States issuance of an order allowing the Biden Administration to resume dismantling concertina wire barriers placed by Texas on its side of the Rio Grande riverbank.

"The Supreme Court's temporary order enables Biden to persist in his unlawful effort to support the foreign invasion of America," remarked Attorney General Paxton. "The removal of Texas's border barriers does not contribute to law enforcement or the safety of American citizens. This battle is far from over, and I anticipate defending our state's sovereignty."

In October 2023, Attorney General Paxton filed a lawsuit against the Biden Administration for destroying concertina wire fencing deployed by Texas to curb the unprecedented surge in illegal immigration. Texas swiftly obtained an emergency restraining order from a federal judge, instructing federal agents to halt their actions. While the federal judge deemed the Administration's actions likely unlawful, she later denied the State's request for a temporary injunction pending trial. Attorney General Paxton successfully appealed to the U.S. Court of Appeals for the Fifth Circuit, securing an administrative stay and subsequently an injunction pending appeal to prevent the federal government from continuing its destruction of Texas property while the court deliberated further. The Fifth Circuit's order did not prohibit barrier removal if necessary for emergency medical aid. Nevertheless, the Biden Administration urgently appealed to SCOTUS to lift the injunction. Today, despite the dissent of four Justices, the Supreme Court lifted the injunction pending appeal.

Although the Supreme Court has allowed the ongoing destruction of Texas's border security measures, the appeal is ongoing, and the Office of the Attorney General is scheduled to present the case before the Fifth Circuit on February 7.