The 5th U.S. Circuit Court of Appeals ruled on Wednesday, Nov. 27, that Texas can keep its razor wire border wall to discourage illegal immigration.
The court ruled 2-1 that Texas has the legal right to construct a razor wire fence along the Rio Grande, dealing a major blow to federal attempts to remove the fencing. The ruling also enables the state to pursue a lawsuit charging the Biden administration of trespassing.
Texas Governor Greg Abbott celebrated the ruling, announcing on his X account that Biden was "wrong to cut our razor wire" and reaffirming the state's commitment to border security. (Related: Supreme Court says federal government can REMOVE RAZOR WIRE Texas installed along the border… but Gov. Abbott DEFIES the order.)
"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 and that Biden was wrong to cut our razor wire. We continue adding more razor wire border barrier," Abbott wrote.
Abbott has earlier claimed that the 29 miles of fencing and floating buoy barriers has helped remove almost all illegal crossings at Shelby Park, the hub of millions of illegal border crossings since Biden assumed office.
The concertina-wire fence, the buoy barrier and other measures Abbott has employed to counter illegal immigration have encountered many legal disputes from the Biden administration, which argues that the federal government has the exclusive authority to implement immigration laws.
Ruling overturns November 2023 federal court decision
The ruling overturns a November 2023 federal court decision that denied Texas' request for a preliminary injunction to stop federal agents from removing the fencing near Eagle Pass.
Circuit Judge Kyle Duncan, appointed during President-elect Donald Trump's first term, wrote the majority opinion, stressing that Texas was protecting its property rather than intervening with federal immigration enforcement.
"The public interest supports clear protections for property rights from government intrusion," Duncan said, rejecting the federal government's argument that Texas' actions could weaken U.S.-Mexico relations or hinder immigration law enforcement.
Republican Attorney General Ken Paxton called the ruling a "huge win for Texas," underscoring the court's decision to forbid the Biden regime from "damaging, destroying or otherwise interfering with Texas's border fencing."
"We sued immediately when the federal government was observed destroying fences to let illegal aliens enter, and we've fought every step of the way for Texas sovereignty and security," Paxton said.
This ruling is part of a wider judicial duel between Texas and the White House over state-led border security procedures.
The Biden administration has confronted criticisms for its immigration policies, with states like Texas taking independent actions to handle border problems. The legal battle extends to a separate case involving a 1,000-foot floating barrier on the Rio Grande, which the full 5th Circuit is also examining.
The decision highlights the increasing tension between federal and state governments over immigration policy. Duncan's ruling stressed the significance of property rights and state sovereignty in protecting borders, marking an important precedent in state-federal relations.
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