Texas Attorney General Ken Paxton has filed a response with the Supreme Court of the United States (SCOTUS), opposing the Biden Administration's request to vacate an injunction that protects Texas concertina wire barriers near the United States-Mexico border from being destroyed by federal agents. This response comes after Attorney General Paxton sued the Biden Administration in October 2023 for destroying the concertina wire fencing that Texas had deployed to reduce illegal immigration.
Attorney General Paxton quickly obtained an emergency restraining order from a federal judge, which ordered federal agents to cease destroying the barriers. While the federal judge found the Administration's actions likely unlawful, she declined to grant the State's requested relief. However, Attorney General Paxton successfully appealed to the U.S. Court of Appeals for the Fifth Circuit and obtained an administrative stay and an injunction pending appeal, preventing the federal government from continuing to destroy Texas property.
The Biden Administration has now requested SCOTUS to allow federal agents to resume the destruction of the concertina wire barriers. Attorney General Paxton has responded to this application, emphasizing that the Fifth Circuit has already expedited the case and arguing that the federal government is attempting to switch legal theories midway through the process.
In the filing, Attorney General Paxton points out that the defendants are seeking emergency relief without making any argument that they did not destroy Texas's property, contrary to basic principles of Texas tort law. He states that the federal government's view of maximalist authority is not new, and they have consistently claimed the authority to destroy property belonging to someone else based on the assurance that doing so is necessary to enforce federal immigration laws. However, Attorney General Paxton highlights that the district court's factual findings demonstrate the failure of the defendants to deter, prevent, and halt unlawful entry into the United States.
The response from Attorney General Paxton sheds light on the ongoing legal battle between Texas and the Biden Administration regarding the destruction of border barriers. It highlights the efforts made by Texas to curb illegal immigration and the federal government's attempt to resume the destruction of Texas property. The case is now in the hands of SCOTUS, which will have to decide whether to allow the federal government to proceed with the destruction or uphold the injunction protecting Texas's concertina wire barriers.
To read the full response filed by Attorney General Paxton, click here.
Click this link to access more information: https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-files-response-scotus-opposing-biden-administrations-effort-resume