Texas Attorney General Ken Paxton has filed an appeal against a federal judge's decision that allows President Joe Biden and Homeland Security Secretary Alejandro Mayorkas to continue destroying the state's border barriers. The state of Texas had requested that the court issue a preliminary injunction to prevent the federal government from cutting, damaging, or interfering with Texas's concertina wire fence until a final trial could be held.
In October, Attorney General Paxton filed a lawsuit and a motion for preliminary injunction against the Biden administration's Department of Homeland Security (DHS), Secretary Mayorkas, and other agencies and officials. This came after federal agents had been destroying Texas's concertina wire and allowing unauthorized individuals to enter the state on a regular basis. The court granted a temporary restraining order on an emergency basis after the destruction escalated shortly after the lawsuit was filed.
However, the recent decision allows the Biden administration to resume its policy of destroying Texas's concertina wire, which was initially placed by Texas law enforcement to prevent the unrestricted flow of unauthorized individuals into the state. Attorney General Paxton expressed disappointment with the decision, stating, "I am disappointed that the federal government's blatant and disturbing efforts to subvert law and order at our State's border with Mexico will be allowed to continue. Biden's doctrine of open borders at any cost threatens the safety of our citizens, and we will continue to fight it every step of the way."
Despite denying Texas's motion, the court found that the Biden administration's arguments that Texas's wire fence interferes with Border Patrol's duties or addresses medical emergencies hold no merit. The court stated that the evidence presented clearly demonstrates the failure of the defendants to deter, prevent, and halt unlawful entry into the United States. The court also highlighted that the Biden administration cannot claim statutory duties as an excuse to undermine Texas's efforts to secure the border or seek judicial approval for practices that contradict those same statutory obligations.
The Office of the Attorney General and the Texas Public Policy Foundation, co-counsel in the case, will now appeal to the U.S. Court of Appeals for the Fifth Circuit. Their aim is to continue defending Texans from the consequences of the Biden administration's policy of dismantling deterrents to illegal immigration.
The decision and the appeal documents can be accessed through the provided links.
Click this link to access more information: https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-appeals-decision-allowing-biden-and-mayorkas-continue-destroying-texas