Judge blocks feds from cutting Texas border fence


US District Judge Alia Moses of the Western District of Texas on Oct. 30 granted a temporary restraining order enjoining the federal government from interfering with fencing erected by Texas state authorities at the US-Mexico border. As part of Operation Lone Star, the Texas Military Department has deployed concertina wire fencing to deter illegal crossings at the border. The suit, brought by Texas Attorney General Ken Paxton, alleged that since Sept. 20, federal agents have implemented a policy of destroying the state-erected fencing. The complaint links to several videos posted on X, which purport to show federal agents cutting or lifting the fencing, and providing support to those attempting to cross after swimming the Rio Grande. The complaint alleged that from Sept. 21 to Sept. 28, federal agents allowed at least 400 migrants through.

Judge Moses found that “the balance of interests favors granting an injunction, but just barely.” The decision weighed Texas’ interest in deterring unlawful activity and avoiding the costs associated with repairing broken fencing, against US Customs & Border Protection’s  interest in “allowing [Border Patrol] agents to address medical emergencies.” The order includes an exception to permit CBP agents to continue cutting or moving the concertina wire to aid individuals in medical distress.

From Jurist, Oct. 31. Used with permission.

Note: The federal government is itself building new fencing along the border elsewhere in Texas.

See our last report on the struggle in Texas.

Photo: Christoph Buchel via Radical History Review

  1. Judge declines Texas bid to block feds from cutting border fence

    US District Judge Alia Moses rejected a motion for a preliminary injunction from Texas on Nov. 29 to block the Department of Homeland Security from cutting wire fencing at the US-Mexico border. The case is in the US District Court for the Western District of Texas. (Jurist)

  2. Texas governor signs law criminalizing illegal entry from abroad

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  3. Appeals court blocks feds from cutting Texas border fencing

    The US Court of Appeals for the Fifth Circuit in New Orleans temporarily enjoined the Department of Homeland Security from cutting Texas’ wire fencing at the US-Mexico border on Dec. 19. (Jurist)

  4. Supreme Court allows federal agents to cut Texas border fencing

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