A federal appeals court ruled on Wednesday that Texas has the right to build a razor wire border wall to prevent illegal immigration. Governor Greg Abbott celebrated the decision, criticizing President Biden for removing the wire in the past.
Abbott shared the news on X, stating that Texas will continue to strengthen its border barrier. The 2-1 decision by the 5th U.S. Circuit Court of Appeals allows the state to continue its lawsuit against the Biden administration, which it accuses of trespassing, without having to remove the razor wire.
The ruling also overturned a lower court’s decision from November 2023, which had denied Texas a preliminary injunction. The case centers around federal efforts to dismantle a fence along the Rio Grande near Eagle Pass, Texas.
Circuit Judge Kyle Duncan, appointed by former President Trump, wrote that Texas is merely trying to protect its property and is likely to succeed in its trespass claims. He dismissed federal concerns that the state’s actions could disrupt immigration enforcement or harm relations with Mexico.
Duncan emphasized that the public interest supports protecting property rights from government interference and ensuring that immigration enforcement does not infringe upon property owners’ rights.
Texas Attorney General Ken Paxton hailed the ruling as a “huge win,” claiming that the Biden administration had been attempting to damage the state’s border fencing. He added that Texas would continue to fight for its sovereignty and security.
The White House has been embroiled in multiple legal challenges with Texas and other states attempting to prevent illegal immigration. Earlier this year, the full 5th Circuit also heard arguments over Texas’ 1,000-foot floating barrier on the Rio Grande.
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