US District Judge Alia Moses of the Western District of Texas on Oct. 30 granted a temporary restraining order [6] enjoining the federal government from interfering with fencing erected by Texas state authorities at the US-Mexico border. As part of Operation Lone Star [7], the Texas Military Department has deployed concertina wire fencing [8] to deter illegal crossings at the border. The suit [9], brought by Texas Attorney General Ken Paxton, alleged that since Sept. 20, federal agents have implemented a policy of destroying the state-erected fencing. The complaint links to several [11] videos [12] posted on X, which purport to show federal agents cutting or lifting the fencing, and providing support to those attempting to cross after swimming the Rio Grande. The complaint alleged that from Sept. 21 to Sept. 28, federal agents allowed at least 400 migrants through.
Judge Moses found that "the balance of interests favors granting an injunction, but just barely." The decision weighed Texas' interest in deterring unlawful activity and avoiding the costs associated with repairing broken fencing, against US Customs & Border Protection's interest in "allowing [Border Patrol] agents to address medical emergencies." The order includes an exception to permit CBP agents to continue cutting or moving the concertina wire to aid individuals in medical distress.
From Jurist [13], Oct. 31. Used with permission.
Note: The federal government is itself building new fencing [14] along the border elsewhere in Texas.
See our last report on the struggle in Texas [15].
