Federal Judge Rules Against Biden Administration for Destroying Texas State Property

AP Photo/Fernando Llano

A federal judge dressed down the Biden administration’s failures in handling the southern border on Wednesday. However, she denied a request from Texas Attorney General Ken Paxton to stop the Biden administration from cutting razor wire put up by the state to keep illegal immigrants from entering the state.

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U.S. District Judge Alia Moses issued an emergency order in October that prevented Border Patrol agents from cutting razor wire in Eagle Pass, except in emergencies. On Wednesday, she ruled that the state had not met the requirements for a wider preliminary injunction. She said that the razor wire has proved to be an effective deterrent against illegal immigrants all along the Texas border.

“The law may be on the side of the Defendants and compel a resolution in their favor today, but it does not excuse their culpable and duplicitous conduct,” Moses wrote. “The evidence presented amply demonstrates the utter failure of the Defendants to deter, prevent, and halt unlawful entry into the United States.”

On Thursday, Texas filed an appeal with the conservative-leaning 5th U.S. Circuit Court of Appeals.

“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,” Republican Texas Attorney General Ken Paxton said in a statement.

Border Patrol agents cut the razor wire put up by the state when the person on the other side needs medical assistance. Texas officials argued that the federal government is destroying state property to help large groups of illegal immigrants cross into Texas before taking them into custody to process them. Judge Moses said the state failed to prove there is a formal policy on wire cutting.

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The ruling was 34 pages long.

According to Moses’ 34-page ruling, the Biden administration produced documents that reflected how the wire “inhibits Border Patrol’s ability to patrol the border.” The documents went on to state that while Texas troopers and federal agents have coordinated in the past when it comes to the concertina wire, the “relationship has deteriorated over time.”

She left open the chance for Texas to prove its case in the future. She slammed the Biden administration on how it carries out immigration policies.

“The immigration system at the heart of it all, dysfunctional and flawed as it is, would work if properly implemented,” wrote the George W. Bush appointee.

“What follows here is but another chapter in this unfolding tragedy. The law may be on the side of the Defendants and compel a resolution in their favor today, but it does not excuse their culpable and duplicitous conduct.”

This is how the Biden border crisis has been conducted for three years. Biden doesn’t enforce immigration laws on the books. He tells Mayorkas to stand down and the southern border remains open. There is not enough personnel on the ground to manage the flood of illegal immigrants who illegally enter the country outside of a legal port of entry. Border Patrol and other law enforcement are overwhelmed.

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Governor Abbott does what he can to deter illegal immigration. Border towns are overwhelmed. Yet, every time Abbott does something to help secure the border, like installing razor wire or putting up a line of buoys to prevent illegal immigrants from crossing the Rio Grande River, the DOJ files a lawsuit to stop that action. It’s a Catch-22 situation. The problems only get worse because illegal border crossings are still at historically high record levels.

Texas Attorney General Ken Paxton filed an appeal on Thursday. The battle continues and the illegal immigrants keep coming.

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