5th Circuit Court blocks Biden administration from destroying razor wire along US-Mexico border

The 5th Circuit Court of Appeals gutted a lower court’s decision that allowed the Biden administration to continue destroying concertina wire and other border barriers set by the State of Texas.

Attorney General Ken Paxton sued the U.S. Department of Homeland Security (DHS) in October alleging that border guards were destroying the state’s barriers.

The 5th Circuit decided that an earlier decision by a district judge in Del Rio denying a preliminary injunction is faulty. The decision only provides an exception for medical emergencies.

“Concluding that the district court legally erred with respect to sovereign immunity and that Texas has otherwise satisfied the factors under Nken v. Holder, 556 U.S. 418, 434 (2009), we GRANT Texas’s request for an injunction pending appeal,” the judges wrote.

“Accordingly, Defendants are ENJOINED during the pendency of this appeal from damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass, Texas, as indicated in Texas’s complaint. As the parties have agreed, Defendants are permitted to cut or move the c-wire if necessary to address any medical emergency as specified in the TRO.”

The temporary victory for Texas and Paxton represents the latest in the many legal feuds between the state and federal authorities over efforts to deter illegal immigration and secure the border.

Gov. Greg Abbott on Monday signed a bill into law that criminalizes illegal immigration at the state level, which is sure to create a clash between the state’s efforts to crack down on illegal crossings and the U.S. government’s jurisdiction over immigration and border security.

Dan Butcher

Dan Butcher (aka HP Pundit) is not a Democrat or Republican. He is a free thinking independent bringing you news and commentary with a dose of much needed common sense.

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