The ongoing legal battle between the state of Texas and the Biden administration regarding border security has taken another turn. A federal judge has temporarily granted Texas’ motion to prevent the removal of razor wire at the US-Mexico border.
The lawsuit, filed in the Western District of Texas, revolves around the removal of concertina wire by federal agents. Texas Attorney General Ken Paxton alleges that cutting the wire is tantamount to destroying state property and facilitating unauthorized entry into the US.
In response, US District Judge Alia Moses issued a temporary injunction to prevent the removal of the wire, except in cases of medical emergencies that may result in serious bodily injury or death.
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The legal battle is taking place against the backdrop of a migration surge that is straining both local and federal resources. As more migrants attempt to cross the US-Mexico border, the Department of Homeland Security (DHS) and US Customs and Border Protection (CBP) face the challenge of processing and ensuring the safety of those who have crossed onto US soil without authorization.
Texas argues that the removal of concertina wire undermines border security efforts and exposes the state to potential harm. The state claims that the federal government, by dismantling the border barrier installed by Texas, is not only compromising security but also causing irreparable harm. Texas seeks a temporary restraining order to prevent further damage to its concertina wire fence, preserving the status quo until the legal dispute is resolved.
The federal government, represented by DHS Secretary Alejandro Mayorkas, CBP’s acting commissioner Troy Miller, US Border Patrol Chief Jason Owens, and USBP Del Rio Sector acting chief patrol agent Juan Bernal, maintains that Border Patrol agents have a responsibility under federal law to detain and process unauthorized migrants.
They argue that the removal of concertina wire may be necessary to address conditions that put the workforce or migrants at risk.
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A preliminary injunction hearing is scheduled for November 7, where the judge will further examine the arguments presented by both parties. Until then, the temporary restraining order prohibiting the removal of concertina wire remains in effect.
However, the order is set to expire on November 13, unless the court decides to extend it.
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