The U.S. Court of Appeals for the Fifth Circuit ruled on Wednesday that the State of Texas can continue to build razor-wire border barriers. The court also ruled that the Biden administration was wrong to cut the barriers put in place by the Texas National Guard under Governor Greg Abbott’s Operation Lone Star.
“The federal court of appeals just ruled that Texas has the right to build the razor wire border wall that we have constructed to deny illegal entry into our state,” Governor Abbott posted on social media. “Biden was wrong to cut our razor wire.”
The judges ruled that the State of Texas is entitled to a preliminary injunction because the State is “seeking only to safeguard its property.” The judges ruled that Texas was not trying to “regulate” the Border Patrol, Reuters reported.
Circuit Judge Kyle Duncan, a Trump appointee, wrote for the 2-1 majority opinion that the public interest supports “clear protections for property rights from government intrusion and control.” He added that federal immigration law enforcement must not “unnecessarily intrude into the rights of countless property owners.”
Judge Don Willett, also a Trump appointee and former Texas Supreme Court justice, joined with Duncan on the majority opinion.
Biden appointee Judge Irma Carrillo Ramirez dissented, claiming that Texas claimed a “virtual power of review” over the federal efforts to enforce immigration law.
In July, Breitbart Texas reported that Border Patrol agents cut border razor wires put in place by Texas National Guardsmen under orders from Governor Abbott. Fox News reporter Bill Melugin published a video showing the agents cutting the border barrier.
DPS officials told Melugin, Not only does the Texas Department of Public Safety have permission from the land owner to erect the barrier along the edge of their property, but the State also has permission to arrest migrants who cross the barrier for criminal trespass.
The ruling in the lawsuit affirms the State’s right to protect private property owners from illegal border crossers.
Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday morning talk show. He also serves as president of Blue Wonder Gun Care Products.
