A divided U.S. appeals court barred the Biden administration from dismantling razor-wire fencing that Texas installed along the Mexico border to curb illegal migration.
The 5th U.S. Circuit Court of Appeals, in a 2-1 decision, enabled Texas to proceed with its lawsuit accusing the federal government of trespassing without having to remove the fencing. This ruling overturned a federal judge’s November 2023 decision to deny Texas a preliminary injunction as it challenged federal efforts to remove fencing near Eagle Pass, Texas.
Circuit Judge Kyle Duncan, appointed by President Donald Trump, wrote the majority opinion, arguing that Texas was simply safeguarding its property, not attempting to “regulate” U.S. Border Patrol. Duncan concluded that Texas had a strong likelihood of succeeding in its trespass claims.
He stated that the federal government had waived its sovereign immunity and dismissed concerns that siding with Texas would obstruct immigration law enforcement or harm U.S.-Mexico relations. Duncan further emphasized that public interest supports protecting property rights against government overreach while ensuring federal enforcement of immigration laws does not “unnecessarily intrude into the rights of countless property owners.”
Republican Texas Attorney General Ken Paxton celebrated the ruling, calling it a “huge win for Texas” on the social media platform X.
Circuit Judge Don Willett, also a Trump appointee, joined Duncan in the majority opinion. Circuit Judge Irma Carrillo Ramirez, a Biden appointee, dissented, arguing that Texas had failed to demonstrate the federal government waived sovereign immunity or that it would likely prevail. Ramirez warned that Texas’ claims effectively asserted a “virtual power of review” over federal immigration enforcement, which could undermine the government’s authority to enforce federal law.
Republicans have frequently blamed President Joe Biden for increased illegal crossings at the U.S.-Mexico border. Texas and other Republican-led states continue to challenge federal immigration policies in court.
The 5th Circuit, based in New Orleans and known as one of the most conservative federal appeals courts, also heard arguments in May over Texas’ 1,000-foot-long floating barrier on the Rio Grande. Separately, it is reviewing a judge’s order that blocks a Texas law allowing state officials to arrest, prosecute, and remove undocumented individuals.
Meanwhile, the Biden administration has sued Iowa and Oklahoma for enacting laws it claims obstruct federal immigration enforcement, highlighting the intensifying legal conflict between Republican-led states and the administration over border control.
