Texas has the right to construct a razor wire border wall to prevent illegal immigration, according to an appeals court ruling: 'Significant victory'

Legal battles between the White House and Texas over immigration control measures continue.

Texas has the right to construct a razor wire border wall to prevent illegal immigration, according to an appeals court ruling: 'Significant victory'
Texas has the right to construct a razor wire border wall to prevent illegal immigration, according to an appeals court ruling: 'Significant victory'

On Wednesday, a federal appeals court ruled that Texas has the right to construct a razor wire border wall in order to discourage illegal immigration into the state.

Texas Gov. Greg Abbott stated that President Biden's decision to cut the razor wire was incorrect.

The Republican leader wrote, "We are still increasing the razor wire border barrier."

The 5th U.S. Circuit Court of Appeals ruled 2-1 on Wednesday, allowing Texas to proceed with a lawsuit against the Biden administration for trespassing without requiring the removal of fencing.

In November 2023, a federal judge had initially refused to grant a preliminary injunction to Texas, but later reversed his decision when the state resisted federal efforts to remove fencing along the Rio Grande in the vicinity of Eagle Pass, Texas.

Texas border razor wire
U.S. Border Patrol agents cut an opening through razor wire after immigrant families crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)

A Trump appointee, Circuit Judge Kyle Duncan, wrote on Wednesday that Texas was only trying to protect its own property and was likely to succeed in its claims against U.S. Border Patrol.

Duncan stated that the federal government disregarded its sovereign immunity and dismissed its objections that a Texas court decision would hinder the implementation of immigration law and jeopardize the government's ties with Mexico.

TEXAS BORDER RAZOR WIRE
A Venezuelan immigrant asks Texas National Guard troops to let his family pass through razor wire after they crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)

He argued that the public interest requires strong safeguards for property rights against government interference and that federal immigration enforcement should avoid overstepping its bounds and infringing on the rights of numerous property owners.

A "huge win for Texas" was declared by Republican Attorney General Ken Paxton regarding the ruling.

"Texas's border fencing has been protected by the Biden Administration from being damaged, destroyed, or interfered with, as stated by Paxton in a post on X. Immediately after observing the federal government destroying fences to allow illegal aliens to enter, we filed a lawsuit and have fought tirelessly for Texas's sovereignty and security."

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

Legal battles have been ongoing between the White House and states, including Texas, aimed at preventing illegal immigration.

In May, the 5th Circuit heard arguments in a separate case between Texas and the White House regarding whether the state can maintain a 1,000-foot floating barrier on the Rio Grande.

A judge's order blocking a Texas law that would allow state officials to arrest, prosecute, and remove people in the country illegally is also being reviewed by the appeals court.

by Bradford Betz

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