Texas Attorney General Ken Paxton has responded to the recent ruling by the Supreme Court of the United States (SCOTUS) regarding the destruction of concertina wire barriers on the Texas side of the Rio Grande riverbank. In a statement, Paxton expressed his disappointment with the decision, stating, "The Supreme Court's temporary order allows Biden to continue his illegal effort to aid the foreign invasion of America."
Paxton has been a vocal opponent of the Biden Administration's actions in dismantling the concertina wire fencing that Texas had put in place to address the surge in illegal immigration. In October 2023, he filed a lawsuit against the administration, arguing that the destruction of the barriers was unlawful. The state quickly obtained an emergency restraining order from a federal judge, halting the destruction of the wire fencing.
While the federal judge acknowledged the potential illegality of the administration's actions, she declined to grant a temporary injunction pending trial. Paxton appealed to the U.S. Court of Appeals for the Fifth Circuit and successfully obtained an administrative stay and an injunction pending appeal. These measures prevented the federal government from continuing to destroy Texas property while the case was being considered.
However, the Biden Administration sought to overturn the injunction and asked SCOTUS to vacate it in an emergency appeal. Today, the Supreme Court ruled in favor of the administration, vacating the injunction pending appeal. Four Justices dissented from the ruling.
Despite this setback, Paxton remains committed to defending Texas's sovereignty and will continue to pursue the case in front of the Fifth Circuit. The appeal is scheduled to be heard on February 7. Paxton stated, "This fight is not over, and I look forward to defending our state's sovereignty."
The destruction of the concertina wire barriers has been a contentious issue, with Texas arguing that it is necessary for border security and the enforcement of immigration laws. The Biden Administration, on the other hand, maintains that the barriers are unnecessary and hinder efforts to provide humanitarian aid and emergency medical assistance.
As the legal battle continues, the fate of the concertina wire barriers and their impact on border security will remain uncertain. The Office of the Attorney General will present its case to the Fifth Circuit next month, and the outcome of that hearing will have significant implications for Texas's border security measures.
In the meantime, the temporary order from SCOTUS allows the Biden Administration to proceed with the destruction of the concertina wire barriers. However, Attorney General Paxton's determination to protect Texas's sovereignty and enforce the law remains steadfast, and he will continue to fight for the state's interests in this ongoing legal battle.