Texas Scores Big Win Over Biden Admin as Judge Orders Feds to Stop 'Disassembling, Degrading, Tampering with' Border Barriers
A federal judge on Monday halted the Biden administration’s efforts to cut holes in razor wire Texas has put along its border with Mexico to keep out illegal immigrants.
Texas Attorney General Ken Paxton sued in federal court last week seeking a temporary restraining order to stop federal officials from touching the wire while the two sides battle the issue out in court.
On Monday, U.S. District Chief Judge Alia Moses of the Western District of Texas, an appointee of former President George W. Bush, ruled in the state’s favor.
“The Court shall grant the temporary relief requested, with one important exception for any medical emergency that mostly likely results in serious bodily injury or death to a person, absent any boats or other life-saving apparatus available to avoid such medical emergencies prior to reaching the concertina wire barrier,” the ruling said.
Federal judge orders Biden Admin to stop cutting razor wire along Texas-Mexico border.
Another win for Texas & our historic border mission.
Biden created this crisis & has tried to block us at every turn.
Attorney General Paxton & I are pushing back.https://t.co/b0xhFaSCqJ
— Greg Abbott (@GregAbbott_TX) October 30, 2023
The core of the judge’s ruling noted that Texas owned the wire being destroyed by federal authorities.
“Here, the Plaintiff is likely to succeed on its trespass to chattels claim. First, the Plaintiff established that it owns the concertina wires,” Moses wrote.
“Second, the Plaintiff established that the Defendants ‘actual[ly] damage[d]’ the concertina wires,” she said.
The ruling said video and other evidence made it clear that as Border Patrol officials removed the wire to allow illegal immigrants into Texas, the wire was damaged.
🚨 WOW: Federal judge just blocked the Biden Administration from cutting or removing razor wire along the southern border in Texas.
Another big win for Texas and @KenPaxtonTX! pic.twitter.com/6gmrab68Lu
— Congressman Troy E. Nehls (@RepTroyNehls) October 30, 2023
“The Defendants may continue to damage wires, which is especially likely because they damaged more property a mere day after this Motion was filed,” the judge said, noting one reason for the temporary restraining order.
The ruling noted that federal officials were trespassing because they did not have permission from Texas or the owners of the property upon which the wire was located.
Moses noted that Texas “alleges that by ‘damaging, destroying, and exercising dominion over state property,’ the Defendants are causing the Plaintiff to incur ‘extensive costs.’”
Texas “argues that it will continue to incur considerable additional expenses to expand social services, medical care, education, and other government programs, to accommodate the influx of illegal aliens,” the ruling said, adding that it provided “sworn declarations from various Texas state officials, who describe the significant annual cost of providing emergency medical services, social services, and public education to illegal aliens.”
The judge said Texas was able to prove the balance of public interest was on its side.
“First, the Plaintiff asserts that its use of concertina wire deters illegal entries and activities, including human trafficking, drug smuggling, and terrorist infiltration,” Moses wrote. “Second, the Plaintiff argues that the Defendants’ actions are unlawful, and that even if a lawful basis exists, the Defendants must seek redress ‘through legal proceedings, not self-help actions.’”
“Deterring unlawful activity, including illegal entry, is in the public interest,” she said.
As such, the ruling said, the Biden administration was banned from “removing the property from its present location for any reason other than to provide or obtain emergency medical aid, as noted above” as well as “disassembling, degrading, tampering with, or transforming the property in any way for any reason other than to provide or obtain emergency medical as noted in this order.”
A hearing on the injunction will be held on Nov. 7.
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