A federal appeals court on Wednesday ruled that Texas has the right to build a razor wire border wall to deter illegal immigration into the Lone Star State.
Texas Gov. Greg Abbott announced the ruling on X, saying President Biden was “wrong to cut our razor wire.”
“We continue adding more razor wire border barrier,” the Republican leader wrote.
Wednesday’s 2-1 decision by the 5th U.S. Circuit Court of Appeals clears the way for Texas to pursue a lawsuit accusing the Biden administration of trespassing without having to remove the fencing.
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It also reversed a federal judge’s November 2023 refusal to grant a preliminary injunction to Texas as the state resisted federal efforts to remove fencing along the Rio Grande in the vicinity of Eagle Pass, Texas.
U.S. Border Patrol agents cut an opening through razor wire after immigrant families crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)
Circuit Judge Kyle Duncan, a Trump appointee during the president-elect’s first term, wrote for Wednesday’s majority that Texas was trying only to safeguard its own property, not “regulate” U.S. Border Patrol, and was likely to succeed in its trespass claims.
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Duncan said the federal government waived its sovereign immunity and rejected its concerns that a ruling by Texas would impede the enforcement of immigration law and undermine the government’s relationship with Mexico.
A Venezuelan immigrant asks Texas National Guard troops to let his family pass through razor wire after they crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)
He said the public interest “supports clear protections for property rights from government intrusion and control” and ensuring that federal immigration law enforcement does not “unnecessarily intrude into the rights of countless property owners.”
Republican Attorney General Ken Paxton called the ruling a “huge win for Texas.”
“The Biden Administration has been enjoined from damaging, destroying, or otherwise interfering with Texas’s border fencing,” Paxton wrote in a post 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.”
Migrants attempt to cross the southern border in Ciudad Juárez, Mexico, in February. (David Peinado/Anadolu via Getty Images)
The White House has been locked in legal battles with Texas and other states that have tried to deter illegal immigration.
In May, the full 5th Circuit heard arguments in a separate case between Texas and the White House over whether the state can keep a 1,000-foot floating barrier on the Rio Grande.
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The appeals court is also reviewing a judge’s order blocking a Texas law that would allow state officials to arrest, prosecute and order the removal of people in the country illegally.
