Appeals court rules Texas has right to build barbed wire wall

A federal appeals court ruled Wednesday that Texas has the right to build a barbed wire wall to deter illegal immigration into the Lone Star State.

Texas Governor Greg Abbott announced the decision on X, saying President Biden was “wrong to cut our razor wire.”

“We continue to add additional barbed wire barriers,” the Republican leaders wrote.

A 2-1 decision by the 5th U.S. Circuit Court of Appeals on Wednesday clears the way for Texas to pursue a lawsuit accusing the Biden administration of trespassing without removing the fence.

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It also reversed a federal judge’s refusal to issue a preliminary injunction in November 2023 to Texas because the state resisted federal efforts to remove fencing along the Rio Grande River. in the area near Eagle Pass, Texas.

US border patrol officer Cut the opening with barbed wire. After an immigrant family crossed the Rio Grande River from Mexico In Eagle Pass, Texas on September 9, 27, 2023. (John Moore/Getty Images)

Circuit Judge Kyle Duncan, a Trump appointee during the president-elect’s first term. Wrote to the majority on Wednesday that Texas was only trying to protect its own property, not “control” the U.S. Border Patrol. and is more likely to succeed in a trespass claim.

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Duncan said the federal government has waived its sovereignty protection rights. and rejected concerns that the Texas decision would impede immigration enforcement. and undermines government relations with Mexico.

Venezuelan immigrant asks Texas National Guard to let his family walk through barbed wire after they crossed the Rio Grande River from Mexico in Eagle Pass, Texas on September 9. September 27, 2023. (John Moore/Getty Images)

He said public interest It “unequivocally supports the protection of property rights from government intrusion and control” and ensures that federal immigration enforcement does not “Unnecessarily interferes with the rights of countless property owners.”

Republican Attorney General Ken Paxton This decision is called “Big win for Texas.”

“The Biden administration is prohibited from damaging, destroying, or interfering with the Texas border fence,” Paxton wrote in a post on The law came and we” fought every step of the way for the sovereignty and security of Texas.”

Migrants attempt to cross the southern border in Ciudad Juarez, Mexico. in February (David Pinedo/Anadolu via Getty Images)

The White House is locked in a legal battle with Texas and other states. that tries 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 maintain a 1,000-foot-tall floating barrier on the Rio Grande River.

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The appeals court is also reviewing a judge’s order blocking the Texas law. That would allow government officials to arrest, prosecute, and order the removal of people from the country illegally.