In a new ruling by a federal judge, the Border Patrol must no longer remove any barbed wire fencing installed by Texas law enforcement.
Last week, Texas sued the Biden administration in court seeking to end the practice of cutting barbed wire fences installed by Texas law enforcement at the direction of Republican Gov. Greg Abbott. Texas authorities installed the barbed wire fences along the southern border with Mexico in response to the massive increases in illegal migrant crossings. U.S. District Court Judge Alina Moses temporally blocked the Border Patrol from “disassembling, degrading, [or] tampering with” any barbed wire installed by Texas authorities until the hearing on November 7th in which the two sides can argue in depth for reasons the barbed wire must stay or be removed.
The judge also reiterated the practical application of the lawsuit which is any “harm” being done at “the cost of the destruction of the Plaintiff’s property, which is the wire barrier.”
“The Court is mindful, however, that the Defendants enacted an extensive scheme, which includes immigration enforcement and the interdiction of migrants,” Judge Moses wrote in her order. “The question then becomes how much ‘harm’ should a state bear if the Defendants are unable to meet their obligations of securing the border and controlling the flow of migrants into the country.”
The hearing will take place on November 7th to consider the current injunction of removal of wire fencing, specifically “the intersection of: the private property rights of the persons consenting to the placement of the concertina wire on their land, the Plaintiff’s right to assist private property owners and avoid costs to the Plaintiff; and the Defendants’ responsibilities over national security and border security, and its powers to effectuate its duties, up to and including the destruction of private or state property,” the judge wrote.
The temporary injunction will expire on November 13th unless the court rules it permanent, extends the temporary injunction, or rules against Texas and requires the wire fencing to be removed. The judge also made clear in the ruling that the Border Patrol does have the exception to “move or cut the concertina wire to aid individuals in medical distress.”
