Federal appeals court rules Biden's Border Patrol unlawfully cut razor wire Texas installed along U.S.-Mexico border

 November 30, 2024

A federal appeals court ruled Wednesday that Texas could secure its border using razor wire and other barriers, Breitbart reported. This decision came after the Biden administration cut razor wire installed under Texas Gov. Greg Abbott.

The U.S. Court of Appeals for the Fifth Circuit sided with the Lone Star State because it was "seeking only to safeguard its property" with these measures. It found that President Joe Biden's administration was improper in its insistence on stopping that effort.

Texas GOP Gov. Greg Abbott, who ordered the measures in the first place, celebrated the ruling with a post to X, formerly Twitter. "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. Biden was wrong to cut our razor wire.”

The Ruling

The court granted a preliminary injunction so that the federal government could no longer meddle in border security measures Texas implemented. The judges ruled in a 2-1 decision that, contrary to claims made by the Biden administration, the state was not trying to "regulate" the Border Patrol.

The majority opinion was written by Circuit Judge Kyle Duncan, who was appointed by then-President Donald Trump. He wrote that the law provides "clear protections for property rights from government intrusion and control."

Duncan added that federal immigration officials may not "unnecessarily intrude into the rights of countless property owners." He was joined in this opinion by another Trump appointee, Judge Don Willet, who previously served as a Texas Supreme Court justice.

Not surprisingly, Biden's Judge Irma Carrillo Ramirez was the lone dissenter on the three-judge panel. She wrote in her opinion that Texas inappropriately asserted a "virtual power of review" over federal immigration enforcement by taking action where the administration failed.

This ruling will now ensure the state's right to secure the border as it sees fit. It also allows private property owners along the border to do the same.

Eagle Pass

Under Biden, the border was overrun with illegal immigrants in places like Eagle Pass, Texas. The state took the brunt of it as a border state, and Abbott implemented Operation Lone Star to stem the tide through methods such as installing razor wire.

However, after the Texas National Guard installed over 100 miles of wire along the border at key crossings, Border Patrol cut down the wire in September 2023, Fox News reported. "Biden should be thanking Texas, not obstructing our efforts to secure the border," Abbott said.

"Joe Biden completely abandoned his constitutional duty to secure the border. Texas stepped up in his absence to build the wall, repel illegal crossings, and protect our country," the governor added.

Experts have found that the razor wire is effective in stopping illegal immigration by the crossing point by several miles. This additional impediment to an easy journey deters all but the most motivated.

This was a win for Texas and all Americans concerned about the impact of illegal immigration. With Trump coming into office next year, this will likely be just the start of the change.

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