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The U.S. Court of Appeals for the Fifth Circuit has once again stopped the U.S. from removing barbed wire along the Rio Grande border in Texas. This ruling marks the second time in a year that the court has supported Texas in the ongoing disagreement over the wire around Eagle Pass.
Written by Mattathias Schwartz
Once again, a federal appeals court has restricted the Biden administration’s ability to remove the barbed wire barriers put up by Texas officials along the southern border to prevent migrants from entering the US.
The recent decision made on Wednesday imposed a requirement on Texas officials. The court ruling stated that the state’s concertina wire would be protected as long as federal agents had access to both sides of it, even in Shelby Park. This park, located in the border city of Eagle Pass, was seized by the state and federal authorities were kicked out earlier this year.
The recent decision marks a continuation of the conflict between state and federal agencies regarding border control, with Texas attempting to assert its own immigration policies. Governor Greg Abbott has been sending state law enforcement and National Guard troops to the U.S.-Mexico border since 2021 as part of Operation Lone Star. Texas’ actions, including arresting migrants under a new state law and installing barriers along the Rio Grande, have resulted in legal disputes.
The legal conflict regarding barbed wire started in October 2023 when Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration. Paxton claimed that U.S. Border Patrol agents were unlawfully removing Texas’ concertina wire fencing. He argued that the state had the authority to control what he referred to as an increase in aliens entering the country.
A judge in a district court denied Texas the injunction they asked for, explaining that the federal government was likely to prevail in the ongoing case due to sovereign immunity, a legal principle that can protect state and federal governments from lawsuits. In December 2023, the U.S. Court of Appeals for the Fifth Circuit temporarily restricted the Biden administration from removing the wire except in cases of medical emergencies. However, the Supreme Court overturned this ruling in January, returning the case to the lower courts.
The Fifth Circuit court dismissed the Biden administration’s argument that Texas could not challenge federal actions at the border due to sovereign immunity and the Supremacy Clause. The court ruled that Texas was not trying to regulate Border Patrol, but only protect its own property.
Some Republicans aligned with Trump view the Fifth Circuit as a prime example of conservative legal philosophy moving forward. Three judges from this circuit are frequently mentioned as potential Supreme Court candidates for Trump’s second term. Stuart Kyle Duncan, one of these judges, authored the ruling on Wednesday.
On X, Mr. Paxton shared that he sees Wednesday’s ruling as a significant victory. He mentioned that his office has been working diligently to uphold Texas’ sovereignty and security throughout the legal process.
The request for comment made to the Homeland Security Department was not responded to promptly.
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