A federal appeals court has ruled that Texas can continue using a razor-wire border barrier to deter illegal immigration, marking a legal victory for the state in its ongoing dispute with the Biden administration.
The 5th U.S. Circuit Court of Appeals issued a 2-1 decision Wednesday, allowing Texas to move forward with its lawsuit accusing the federal government of trespassing without being required to remove the fencing.
The case arose after federal agents cut through sections of the barrier near Eagle Pass, a border city along the Rio Grande.
State officials criticized the federal actions, asserting that Texas has the right to safeguard its property and implement border security measures independently.
The ruling reverses a November 2023 decision by a federal judge that denied Texas’s request to prevent federal agents from dismantling the fencing.
The appeals court determined that Texas was not attempting to regulate federal immigration enforcement but rather protecting its property, making it likely to succeed in its trespassing claims.
The court emphasized the importance of safeguarding property rights and limiting unnecessary federal intrusion while also rejecting concerns that the ruling could harm U.S.-Mexico relations or impede immigration enforcement.
Texas officials view the decision as a critical step in their broader efforts to address border security challenges.
The state has faced several legal battles with the federal government over its border policies, including disputes about a floating barrier on the Rio Grande and a law permitting state officials to arrest and prosecute individuals in the country illegally.
This ruling provides an example of the escalating tensions between Texas and the federal government over how to handle immigration and border security.
Texas leaders argue that federal policies have failed to adequately address the issue, necessitating state-led initiatives.
With additional legal challenges still pending, the debate over border security in Texas remains a contentious and highly politicized issue.