Court backs Texas over razor wire installed on US-Mexico border

Litigation Reports

A federal appeals court Wednesday ruled that Border Patrol agents cannot cut razor wire that Texas installed on the U.S.-Mexico border in the town of Eagle Pass, which has become the center of the state’s aggressive measures to curb migrant crossings.

The decision by the 5th U.S. Circuit Court of Appeals is a victory for Texas in a long-running rift over immigration policy with the Biden administration, which has also sought to remove floating barriers installed on the Rio Grande.

Texas has continued to install razor wire along its roughly 1,200-mile (1,900 kilometers) border with Mexico over the past year. In a 2-1 ruling, the court issued an injunction blocking Border Patrol agents from damaging the wire in Eagle Pass.

“We continue adding more razor wire border barrier,” Republican Gov. Greg Abbott posted on the social platform X in response to the ruling. A spokesperson for the Department of Homeland Security did not immediately respond to an email seeking comment Wednesday.

Some migrants have been injured by the sharp wire, and the Justice Department has argued the barrier impedes the U.S. government’s ability to patrol the border, including coming to the aid of migrants in need of help. Texas contended in the lawsuit originally filed last year that federal government was “undermining” the state’s border security efforts by cutting the razor wire.

The ruling comes ahead of President-elect Donald Trump returning to office and pledging a crackdown on immigration. Earlier this month, a Texas official offered a parcel of rural ranchland along the U.S.-Mexico border to use as a staging area for potential mass deportations.

Arrivals at the U.S.-Mexico border have dropped 40% from an all-time high in December. U.S. officials mostly credit Mexican vigilance around rail yards and highway checkpoint.

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If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.