Chief US District Judge Alia Moses has rejected a motion for a preliminary injunction from Texas to block the Department of Homeland Security (DHS) from cutting wire fencing at the US-Mexico border. This decision came as a part of a case in the US District Court for the Western District of Texas.
In October, Texas sued to prevent DHS officials from severing the wire fence at the border. Judge Moses initially blocked DHS officials from cutting the wire fence, but allowed it under certain exigent circumstances. As part of the proceedings, Texas was tasked with proving DHS had “no colorable basis” to support its actions. After multiple hearings, Moses found that there was insufficient evidence to demonstrate that the fencing was cut without justification from allowable exigent circumstances. The DHS’s actions in cutting the fence did not represent a final agency action, according to the judge.
However, Judge Moses did rule that DHS could not cut the fence for inspection, apprehension, and processing reasons. This is what she had to say:
The evidence presented amply demonstrates the utter failure of the Defendants to deter, prevent, and halt unlawful entry into the United States. The Defendants cannot claim the statutory duties they are so obviously derelict in enforcing as excuses to puncture the Plaintiff’s attempts to shore up the Defendants’ failing system. Nor may they seek judicial blessing of practices that both directly contravene those same statutory obligations and require the destruction of the Plaintiff’s property. Any justifications resting on the Defendants’ illusory and life-threatening “inspection” and “apprehension” practices, or lack thereof, fail.
Texas Attorney General Ken Paxton announced that Texas had appealed Moses’ decision. This appeal will go to the US Court of Appeals for the Fifth Circuit.
In response to the ruling, Paxton stated:
I am disappointed that the federal government’s blatant and disturbing efforts to subvert law and order at our State’s border with Mexico will be allowed to continue. Biden’s doctrine of open borders at any cost threatens the safety of our citizens, and we will continue to fight it every step of the way.
It’s important to note that there are also other litigations concerning Texas’ efforts to block immigration from Mexico. In September, a US federal appeals court ruled that Texas could maintain a floating barrier in the Rio Grande. This floating barrier is a system of buoys tethered via chains to concrete blocks on the riverbed of the Rio Grande along the US-Mexico border.
For more details on the matter, kindly refer to the full article available on the JURIST website, which can be found here.