Appeals Court: US cannot destroy razor wire migrant barrier in Texas

(Patria) - A divided U.S. appeals court on Wednesday blocked the Biden administration from destroying razor wire fencing that Texas erected along the border with Mexico to prevent illegal migration, as the Republican-led state pursues a lawsuit accusing federal authorities of trespassing.

In a 2-1 decision, the New Orleans-based U.S. Fifth Circuit Court of Appeals reversed a federal judge who had said Texas's trespassing law could not be applied to the federal government, and that U.S. immigration authorities were immune from the state’s lawsuit, Reuters reported.

The appeals court said Texas had a right to a preliminary injunction because the state was seeking to protect its own property, not to “regulate” the Border Patrol. It also said Texas had shown it was likely to succeed on its trespassing claims.

Many Republicans blame Biden for an increase in migrants illegally crossing the U.S.-Mexico border. The administration has been drawn into legal battles with Texas and other states that have sought to deter and punish illegal migration.

In May, the Fifth Circuit heard arguments in a separate case between Texas and the White House over whether the state could keep a 1,000-foot-long floating barrier in the Rio Grande.

The appeals court also is considering a judge’s order blocking a Texas law that would allow state officials to arrest, prosecute and order the removal of people illegally.

Separately, the Biden administration has sued Iowa and Oklahoma over their passage of similar laws, which it says interfere with federal U.S. immigration enforcement.