In a significant development on Monday, a federal judge directed the Biden administration to cease the removal of razor wire from fences along Texas' southern border, a measure designed to deter illegal migrant crossings.
U.S. District Court Judge Alia Moses for the Western District of Texas issued an order to the Department of Homeland Security (DHS), instructing them to halt any actions that would "disassemble, degrade, or tamper" with the miles of razor wire situated along the Rio Grande near Eagle Pass.
This interim order is a response to a lawsuit filed by Texas Attorney General Ken Paxton. Paxton's argument centers on the claim that federal officials have asserted their authority to destroy state property to facilitate the entry and processing of illegal aliens.
Paxton sought an immediate injunction from the court last week. His request highlighted that "federal agents escalated matters, trading bolt cutters for an industrial-strength telehandler forklift to dismantle [Texas] border fence."
The motion for a temporary injunction detailed that "Federal agents used hydraulic-powered pallet forks to rip [Texas] fence concertina wire, fencing posts, clamps, and all out of the ground, holding it suspended in the air in order to wave more than 300 migrants illegally into Texas."
Last week, the DHS issued a statement asserting that border agents are obligated under federal law to prevent migrants from sustaining injuries, irrespective of their legal status.
Judge Moses, in an 11-page document filed with the federal court in Del Rio, determined that Texas had satisfied the four-part test necessary for a temporary halt to the federal government's actions. However, she noted one exception, stating, "The Court shall grant the temporary relief requested, with one important exception for any medical emergency that mostly likely results in serious bodily injury or death to a person, absent any boats or other life-saving apparatus available to avoid such medical emergencies prior to reaching the concertina wire barrier."
The temporary restraining order will stay in effect until a preliminary injunction hearing, scheduled for November 7, allows both parties to present evidence. The Department of Justice, responsible for managing the litigation, has declined to comment on the matter.
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