[Red State] The Fifth Circuit Court of Appeals has made a new ruling in the case involving the state of Texas defending itself against the illegal alien horde invited to storm the U.S.-Mexico border by the Biden administration over the past four years--and it's a win for Governor Greg Abbott.In Wednesday's decision, the court states a few things. Not only does Texas have the right to protect its land at Eagle Pass, the CBP's argument that it needed to cut the razor wire in that area to fully do its job of deterring illegals from entering the country just didn't stand up to scrutiny or wasn't backed up by testimony.
Another part of the case, involving Texas taking over a border area known as Shelby Park, was considered by the court, and it dismissed the government's argument that Texas' actions led to two illegals drowning.
Finally, the ruling bars CBP from cutting/removing razor wire at Eagle Pass going forward.
| Courtesy of Skidmark, Fox News adds: |
It also reversed a federal judge's November 2023 refusal to grant a preliminary injunction to Texas as the state resisted federal efforts to remove fencing along the Rio Grande in the vicinity of Eagle Pass, Texas.
Circuit Judge Kyle Duncan, a Trump appointee during the president-elect's first term, wrote for Wednesday's majority that Texas was trying only to safeguard its own property, not "regulate" U.S. Border Patrol, and was likely to succeed in its trespass claims.
Duncan said the federal government waived its sovereign immunity and rejected its concerns that a ruling by Texas would impede the enforcement of immigration law and undermine the government's relationship with Mexico.
He said the public interest "supports clear protections for property rights from government intrusion and control" and ensuring that federal immigration law enforcement does not "unnecessarily intrude into the rights of countless property owners."