A federal appeals court ruled Wednesday that Texas has the right to build a razor-edge border wall to deter illegal immigration into the Lone Star State.
Texas Governor Greg Abbott announced the ruling against X, saying President Biden “made a mistake in cutting the razor wire.”
“We continue to add more razor wire border barriers,” the Republican leader wrote.
Wednesday's 2-1 ruling by the 5th Circuit Court of Appeals clears the way for Texas to file a lawsuit accusing the Biden administration of trespassing without removing the fence.
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Additionally, a federal judge denied a preliminary injunction against Texas in November 2023 after the state resisted federal efforts to remove fencing along the Rio Grande near Eagle Pass, Texas. canceled.
U.S. Border Patrol agents cut an opening with razor wire after a migrant family crossed the Rio Grande from Mexico in Eagle Pass, Texas, on September 27, 2023. (John Moore/Getty Images)
Circuit Judge Kyle Duncan, who was appointed during President-elect Trump's first term, told the majority on Wednesday that Texas does not “regulate” the Border Patrol, only to protect its own property. wrote that a trespass claim is likely to succeed.
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Duncan said the federal government waived sovereign immunity and rejected concerns that the Texas ruling would impede enforcement of immigration laws and damage the government's relationship with Mexico.
A Venezuelan immigrant asks the Texas National Guard to allow his family to pass through razor wire after crossing the Rio Grande from Mexico on September 27, 2023 in Eagle Pass, Texas. (John Moore/Getty Images)
He said the public interest is in “clearly protecting property rights from government intrusion and control” and ensuring that federal immigration enforcement does not “needlessly infringe on the rights of countless property owners.” said.
Republican Attorney General Ken Paxton called the ruling “a huge victory for Texas.”
“The Biden Administration is prohibited from damaging, vandalizing, or otherwise interfering with the Texas border fence,” Paxton wrote in a post on X. “When we witnessed the federal government tearing down the fence to allow illegal aliens into the country, we immediately filed suit. I have fought for the sovereignty and security of Texas every step of the way. ”
Migrants attempt to cross Mexico's southern border in Ciudad Juarez in February. (David Peinado/Anadolu via Getty Images)
The White House is engaged in a legal battle with Texas and other states seeking to stop 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.
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The appeals court is also considering a judge's order blocking a Texas law that allows state authorities to illegally arrest, prosecute and issue deportation orders against people in the country.
