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The U.S. Fifth Circuit Court of Appeals has ruled that Texas has the right to erect razor wire fences along the U.S.-Mexico border and that they are not to be cut or taken down by U.S. Border Patrol agents.
While the ruling states that Border Patrol cannot destroy the razor wire, agents are to have access to both sides of the razor wire and to the state-occupied Shelby Park along the Rio Grande.
This ruling comes after the U.S. Supreme Court in January struck down a court-ordered injunction issued by the Fifth Circuit that protected the razor wire placed by Texas National Guard troops.
The Supreme Court gave no reason for their decision.
Before the ruling, Gov. Greg Abbott ordered the Texas National Guard to seize Shelby Park in an attempt to stop illegal aliens from entering the U.S. Members of federal agencies were reportedly not allowed to enter the premises.
Although federal agents state that the injunction prohibited them from surveilling a 2.5-mile stretch of the border, the state of Texas argued differently.
“Texas argued that it moved into the park only to ensure public safety, that Border Patrol had already ceased operations there, and that Texas’s move did not obstruct surveillance,” the opinion reads.
“Texas also contended it had never been informed that Border Patrol lacked boat ramp access, only learning this from Defendants’ briefing.”
The opinion further explained that Texas is entitled to a court-ordered injunction because “the injunction is not barred by intergovernmental immunity because Texas is seeking, not to ‘regulate’ Border Patrol, but only to safeguard its own property.”
“Last week’s court decision was just one more step in the right direction,” stated Selene Rodriguez, Campaign Director of Secure & Sovereign Texas at Texas Public Policy Foundation, in a release.
“With Texas leading the way and a new, strong administration coming in, we can finally mean it when we say la frontera esta cerrada,” which means the border is closed.
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