Texas Asks Judges to Protect State’s Razor-Wire Border Fence From Biden Administration; Fifth Circuit Looks Poised to Deal Biden Setback on Border Fence

Texas asks judges to protect state’s razor-wire border fence from Biden administration:

Texas went before a federal appeals court Thursday to defend its own get-tough border policies, asking judges to revive an order preventing the Biden administration from slashing through its razor-wire border fence to help illegal immigrants enter the U.S.

The Justice Department says federal law gives the Border Patrol the right to cut the concertina wire if it’s interfering with how agents want to control the border.

But Texas Solicitor General Aaron Nielson said the law only grants access if the Border Patrol is attempting to arrest and deport people. He said that doesn’t cover the Biden administration, which is cutting holes to let people in.

“This is black and white trespass under Texas law,” he said.

Texas has placed more than 100 miles of razor wire along the banks of the Rio Grande as part of Gov. Greg Abbott’s effort to plug gaps in the border he says have been opened by the Biden administration’s more relaxed approach.

The Border Patrol then cut or smashed the wire in some locations to make it easier for migrants to ascend the banks and enter the U.S.

A district court ruled that the federal government was acting too aggressively in trampling on Texas, but ruled that the feds had sovereign immunity so the lawsuit failed.

A panel of the 5th Circuit disagreed and sided with Texas, issuing the injunction. The Supreme Court stepped in and erased the injunction after the Biden administration sought to blame several drownings in the Rio Grande on the wire. —>READ MORE HERE

Fifth Circuit Looks Poised to Deal Biden Setback on Border Fence:

A Fifth Circuit panel appeared set to reinstate restrictions on the US Border Patrol from cutting down razor wire placed by Texas on the southern border to try to stem illegal immigration.

Judges Kyle Duncan and Don Willett, both appointed by Donald Trump to the US Court of Appeals for the Fifth Circuit, on Thursday questioned lawyers with the state and the Justice Department about how they might be able to reinstate an injunction they issued in December against federal authorities removing the fencing along the Rio Grande near Eagle Pass, Texas.

The 29-mile fence is part of the escalating fight between the administration and Texas Gov. Greg Abbott (R) over how to manage record high levels of migration.

At Thursday’s argument, Duncan was skeptical of DOJ attorney Melissa Patterson saying the circuit should weigh the US Supreme Court’s decision vacating that injunction, saying the government presented new facts on drownings to the justices that weren’t before the appeals court.

“You think what the Supreme Court did should bear on what we’re deciding now?” Duncan asked.

Chief US District Judge Alia Moses of the Western District of Texas last year denied Texas’ request for a preliminary injunction, finding that sovereign immunity blocked it from pursuing state law claims against the US government.

But a separate panel of the Fifth Circuit, including Duncan and Willett, disagreed. They issued an injunction blocking US authorities from removing the razor wire. The US Supreme Court then vacated the order in a 5-4 ruling. The high court gave no explanation. —>READ MORE HERE

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