Austin: A divided ruling from the 5th U.S. Circuit Court of Appeals has barred the Biden administration from dismantling razor-wire fencing installed by Texas along its border with Mexico. The fencing was erected as part of state efforts to deter illegal migration.
The 2-1 decision allows Texas, led by its Republican administration, to continue its lawsuit against the federal government over allegations of trespassing without being required to remove the barriers. This decision overturned a federal judge’s November 2023 denial of Texas’s request for a preliminary injunction to stop federal actions against the fencing near Eagle Pass, Texas.
Court Majority Supports Texas Claims
Circuit Judge Kyle Duncan, a Trump appointee, authored the majority opinion, stating that Texas aimed to protect its property rather than regulate U.S. Border Patrol. He concluded that the state is likely to succeed in its trespass claims, asserting that the federal government waived its sovereign immunity.
Duncan dismissed concerns that siding with Texas would obstruct immigration law enforcement or strain U.S.-Mexico relations. He emphasized the public interest in defending property rights from unwarranted government interference while ensuring federal immigration law enforcement does not overreach into private property rights.
Federal Government’s Response Pending
The U.S. Department of Justice has not yet issued a comment on the ruling. However, Texas Attorney General Ken Paxton celebrated the decision, declaring it a “huge win for Texas” in a post on social media platform X.
Dissenting Opinion Warns of Overreach
Circuit Judge Irma Carrillo Ramirez, a Biden appointee, dissented, arguing that Texas failed to prove the federal government had waived sovereign immunity or that it would likely prevail in the lawsuit. Ramirez expressed concern that Texas’s claims amounted to a “virtual power of review” over federal immigration enforcement, potentially undermining federal authority.
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Broader Context and Legal Battles
This decision forms part of a broader struggle between the Biden administration and Republican-led states over immigration enforcement. Many Republicans attribute the rise in illegal border crossings to President Joe Biden’s policies.
In May, the 5th Circuit considered another case involving Texas’s installation of a 1,000-foot floating barrier in the Rio Grande. The court is also reviewing a lower court’s order blocking a Texas law enabling state officials to arrest and deport individuals in the country illegally.
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The New Orleans-based 5th Circuit is known for its conservative leanings, making it a key battleground for legal disputes over immigration. Meanwhile, the Biden administration has pursued legal action against Iowa and Oklahoma for similar laws that it claims obstruct federal immigration enforcement.
