Texas Military Department Not Allowing Border Patrol to Cut Wire in Shelby Park

2024-01-23 16:00:37

The Texas Military Department will not allow the border patrol to enter Shelby Park in Eagle Pass to cut the razor wire on the border.

The state took over Shelby Park, a public park on the Rio Grande, due to the lack of federal security on our border.

The Supreme Court decided 5-4 to vacate the injunction that prevented the agents from cutting the wire installed by Texas.

Texas took action because President Joe Biden’s administration hasn’t done anything to secure the border.

Texas took the Biden administration to court when agents cut through the wire to allow illegal immigrants to cross the border.

I wrote all of this in my post yesterday on SCOTUS’s ruling.

In October, Judge Alia Moses of the U.S. District Court for the Western District of Texas ordered the Biden Administration to stop cutting the razor wire installed on the Texas border to deter illegal migrant crossings except in medical emergencies.

Moses said the order would stay in place “until the parties have an opportunity to present evidence at a preliminary injunction hearing before the Court.”

In November, Moses finished considering the state’s motion and ruled against it. She criticized the Biden administration for its carelessness with the border but gave it permission to cut the razor wire “pending the outcome of the state’s lawsuit filed in October.”

Texas appealed.

In December, the 5th Circuit temporarily blocked border agents from cutting the razor wire as the DOJ’s lawsuit against Texas continues through the courts:

“Concluding that the district court legally erred with respect to sovereign immunity and that Texas has otherwise satisfied the factors under Nken v. Holder, 556 U.S. 418, 434 (2009), we GRANT Texas’s request for an injunction pending appeal,” the judges wrote.

“Accordingly, Defendants are ENJOINED during the pendency of this appeal from damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass, Texas, as indicated in Texas’s complaint. As the parties have agreed, Defendants are permitted to cut or move the c-wire if necessary to address any medical emergency as specified in the TRO.”

The Supreme Court granted Biden’s emergency appeal and allow the agents to cut the wire as litigation continues.

The case itself has not reached the Supreme Court.


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Texas Military Department Not Allowing Border Patrol to Cut Wire in Shelby Park


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