BREITBART | Published November 29, 2024
The U.S. Court of Appeals for the Fifth Circuit ruled on Wednesday that the State of Texas can continue to build razor-wire border barriers. The court also ruled that the Biden administration was wrong to cut the barriers put in place by the Texas National Guard under Governor Greg Abbott’s Operation Lone Star.
“The federal court of appeals just ruled that Texas has the right to build the razor wire border wall that we have constructed to deny illegal entry into our state,” Governor Abbott posted on social media. “Biden was wrong to cut our razor wire.”
The judges ruled that the State of Texas is entitled to a preliminary injunction because the State is “seeking only to safeguard its property.” The judges ruled that Texas was not trying to “regulate” the Border Patrol, Reuters reported.
Circuit Judge Kyle Duncan, a Trump appointee, wrote for the 2-1 majority opinion that the public interest supports “clear protections for property rights from government intrusion and control.” He added that federal immigration law enforcement must not “unnecessarily intrude into the rights of countless property owners.”
Judge Don Willett, also a Trump appointee and former Texas Supreme Court justice, joined with Duncan on the majority opinion.
Biden appointee Judge Irma Carrillo Ramirez dissented, claiming that Texas claimed a “virtual power of review” over the federal efforts to enforce immigration law.
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SOURCE: www.breitbart.com
RELATED: Feds can’t destroy razor wire Texas installed near Eagle Pass, appeals court rules
The 5th Circuit Court of Appeals in New Orleans has instructed the federal government to stop “damaging, destroying or interfering” with Texas’ concertina wire fence in the Eagle Pass area. Credit: Chris Stokes for The Texas Tribune
THE TEXAS TRIBUNE | Published November 29, 2024
A federal appeals court on Wednesday stopped the federal government from destroying a fence of razor wire that Texas installed along the U.S.-Mexico border near Eagle Pass to deter migrants from entering the country illegally.
The ruling, criticized by activists, came hours before Mexico President Claudia Sheinbaum told President-elect Donald Trump that immigrants headed to the U.S. are being “taken care of” in her country.
Texas had placed more than 29 miles of wire in the Eagle Pass area by last September when Attorney General Ken Paxton sued the Biden administration over Border Patrol agents’ alleged illegal destruction of state property by cutting the wire.
On Wednesday, the 5th Circuit Court of Appeals in New Orleans issued a 2-1 opinion that reversed a lower court’s ruling and granted Texas a limited preliminary injunction against the federal government.
“It was shocking to me that the federal government would go out of their way to cut razor wire to allow illegals to cross when we’re just trying to protect our own land,” Paxton said during a Wednesday evening appearance on Newsmax. “This wasn’t their land. This was our land, our private property. It had nothing due to the federal government. So this is a good win for Texas, a good win for the country, that this court recognized our ability to protect our land.”
The legal dispute had not stopped Texas from installing such razor wire in Eagle Pass, where the state earlier this year took over a municipal park, Shelby Park, against the city’s wishes.
“We continue adding more razor wire border barrier,” Gov. Greg Abbott wrote on X about the appellate court’s ruling Wednesday evening.
A spokesperson for the U.S. Department of Homeland Security did not immediately respond to a request for comment.
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