On Monday, a federal judge issued an order to the Biden administration, instructing them to cease the removal of razor wire from fences along the southern border in Texas, which was intended to prevent illegal migrant crossings.
Judge Alia Moses of the U.S. District Court for the Western District of Texas made this ruling on Monday, demanding that the Department of Homeland Security (DHS) stop interfering with miles of razor wire installed along the Rio Grande near Eagle Pass, specifically preventing “disassembling, degrading, tampering.”
This temporary order arises from a lawsuit brought by Texas Attorney General Ken Paxton, who contended that federal authorities had claimed the power to damage state property in order to enable illegal aliens to enter and be processed.
Last week, Paxton requested an immediate injunction, emphasizing that “federal agents escalated the situation by replacing bolt cutters with an industrial-strength telehandler forklift to dismantle Texas’ border fence.”
The motion for a temporary injunction detailed how federal agents used hydraulic-powered pallet forks to extract Texas’ fence, including concertina wire, fencing posts, clamps, and more, raising it in the air to facilitate the entry of over 300 migrants illegally into Texas.
Last week, DHS released a statement asserting that border agents have a legal obligation to safeguard migrants from harm, regardless of their legal status.
In an 11-page document filed in federal court in Del Rio, Judge Moses determined that the state of Texas met the necessary four-part test to be granted a temporary suspension of the federal government’s actions, with one crucial exception.
The court agreed to the temporary relief requested, with the significant exception of any medical emergency that could likely lead to serious bodily injury or death, provided there were no boats or other life-saving equipment available to prevent such emergencies before reaching the concertina wire barrier.
This temporary restraining order will remain in effect until the parties have an opportunity to present evidence at a preliminary injunction hearing scheduled for November 7th.