Texas wins as judge orders feds to halt tampering with border barriers.
Texas Scores Big Win Over Biden Admin as Judge Orders Feds to Stop ‘Disassembling, Degrading, Tampering with’ Border Barriers
A federal judge on Monday halted the Biden administration’s efforts to cut holes in razor wire Texas has put along its border with Mexico to keep out illegal immigrants.
Texas Attorney General Ken Paxton sued in federal court last week seeking a temporary restraining order to stop federal officials from touching the wire while the two sides battle the issue out in court.
On Monday, U.S. District Chief Judge Alia Moses of the Western District of Texas, an appointee of former President George W. Bush, ruled in the state’s favor.
Federal judge orders Biden Admin to stop cutting razor wire along Texas-Mexico border.
Another win for Texas & our historic border mission.
Biden created this crisis & has tried to block us at every turn.
Attorney General Paxton & I are pushing back.https://t.co/b0xhFaSCqJ
— Greg Abbott (@GregAbbott_TX) October 30, 2023
The core of the judge’s ruling noted that Texas owned the wire being destroyed by federal authorities.
“Here, the Plaintiff is likely to succeed on its trespass to chattels claim. First, the Plaintiff established that it owns the concertina wires,” Moses wrote.
“Second, the Plaintiff established that the Defendants ‘actual[ly] damage[d]’ the concertina wires,” she said.
The ruling said video and other evidence made it clear that as Border Patrol officials removed the wire to allow illegal immigrants into Texas, the wire was damaged.
WOW: Federal judge just blocked the Biden Administration from cutting or removing razor wire along the southern border in Texas.
Another big win for Texas and @KenPaxtonTX! pic.twitter.com/6gmrab68Lu
— Congressman Troy E. Nehls (@RepTroyNehls) October 30, 2023
“The Defendants may continue to damage wires, which is especially likely because they damaged more property a mere day after this Motion was filed,” the judge said, noting one reason for the temporary restraining order.
The ruling noted that federal officials were trespassing because they did not have permission from Texas or the owners of the property upon which the wire was located.
Moses noted that Texas “alleges that by ‘damaging, destroying, and exercising dominion over state property,’ the Defendants are causing the Plaintiff to incur ‘extensive costs.’”
Texas “argues that it will continue to incur considerable additional expenses to expand social services, medical care, education, and other government programs, to accommodate the influx of illegal aliens,” the ruling said, adding that it provided “sworn declarations from various Texas state officials, who describe the significant annual cost of providing emergency medical services, social services, and public education to illegal aliens.”
The judge said Texas was able to prove the balance of public interest was on its side.
“First, the Plaintiff asserts that its use of concertina wire deters illegal entries and activities, including human trafficking, drug smuggling, and terrorist infiltration,” Moses wrote. “Second, the Plaintiff argues that the Defendants’ actions are unlawful, and that even if a lawful basis exists, the Defendants must seek redress ‘through legal proceedings, not self-help actions.’”
The Biden administration was banned from “removing the property from its present location for any reason other than to provide or obtain emergency medical aid, as noted above” as well as “disassembling, degrading, tampering with, or transforming the property in any way for any reason other than to provide or obtain emergency medical as noted in this order.”
A hearing on the injunction will be held on Nov. 7.
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The post Texas Scores Big Win Over Biden Admin as Judge Orders Feds to Stop ‘Disassembling, Degrading, Tampering with’ Border Barriers appeared first on The Western Journal.
What were the costs incurred by Texas as a result of federal officials trespassing on their property
Texas Scores Big Win Over Biden Admin as Judge Orders Feds to Stop ‘Disassembling, Degrading, Tampering with’ Border Barriers
In a significant victory for Texas, a federal judge has ordered the Biden administration to halt its efforts to cut holes in the razor wire along the state’s border with Mexico. Texas Attorney General Ken Paxton filed a lawsuit last week seeking a temporary restraining order against federal officials to prevent them from tampering with the wire while the legal battle unfolds in court. U.S. District Chief Judge Alia Moses, an appointee of former President George W. Bush, ruled in favor of the state on Monday.
At the core of the judge’s ruling is the recognition that the wire being destroyed by federal authorities belongs to Texas. According to Moses, Texas established ownership of the concertina wires and demonstrated that the federal government has caused actual damage to them. The ruling cited video evidence showing that Border Patrol officials removed the wire to allow illegal immigrants into the state, resulting in damage to the wire.
The judge also noted that federal officials were trespassing on Texas property because they did not have permission from the state or the owners of the property where the wire was located. This trespassing has led to extensive costs for Texas, including expenses for social services, medical care, education, and other government programs aimed at accommodating the influx of illegal aliens. Texas presented sworn declarations from state officials detailing the significant annual costs of providing these services.
Moses determined that the balance of public interest favored Texas. The state argued that
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