A divided U.S. appeals court has ruled to temporarily block the Biden administration from dismantling the razor-wire fencing installed by Texas along its border with Mexico. The 2-1 decision from the 5th U.S. Circuit Court of Appeals allows Texas to move forward with its lawsuit against the federal government, accusing it of trespassing by attempting to remove the border fencing.
The ruling, issued on Wednesday, reverses a November 2023 decision from a lower federal judge who had denied Texas’ request for a preliminary injunction. This decision means Texas can maintain its border security measures, including the controversial razor-wire fencing near the Rio Grande, as the state prepares for further legal battles.
Circuit Judge Kyle Duncan, appointed by President Donald Trump, wrote the majority opinion, stating that Texas was simply attempting to protect its own property and was likely to succeed in its trespassing claims against the federal government. Duncan dismissed concerns that upholding Texas’ stance would interfere with federal immigration enforcement or harm diplomatic relations with Mexico.
“The public interest supports clear protections for property rights and ensures that federal law enforcement does not unnecessarily intrude on the rights of property owners,” Duncan wrote.
The case is central to an ongoing legal conflict between the Biden administration and Republican-led Texas over immigration control and border security. Texas has aggressively pursued measures to deter illegal migration, including installing razor-wire fencing, as the state argues that the federal government has failed to adequately secure the U.S.-Mexico border.
The decision comes amid broader tensions over the handling of immigration. Republicans, including Texas Attorney General Ken Paxton, have criticized the Biden administration for what they see as lenient policies that have led to an increase in illegal border crossings. Paxton, celebrating the court’s ruling, called it a “huge win for Texas” on social media.
Circuit Judge Irma Carrillo Ramirez, a Biden appointee, dissented, arguing that Texas had not demonstrated sufficient legal grounds to challenge the federal government’s actions. She contended that the state’s lawsuit over the razor-wire fencing represented a “virtual power of review” over federal immigration law enforcement, potentially undermining the federal government’s ability to execute immigration laws.
The court’s decision is just one chapter in a series of legal disputes between Texas and the federal government over border security measures. In May, the full 5th Circuit heard arguments in a separate case about Texas’ controversial 1,000-foot-long floating barrier in the Rio Grande. Texas has also sought the right to arrest and prosecute individuals crossing the border illegally, and the court is reviewing a judge’s order that would block this law.
This latest ruling further underscores the growing divide between state and federal approaches to managing the U.S.-Mexico border, particularly as Republicans accuse the Biden administration of being too permissive on immigration enforcement. With additional cases pending, the 5th Circuit Court’s decisions will likely play a crucial role in shaping the future of U.S. immigration policy.
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