A federal judge Monday ordered federal agents to stop cutting razor wire at Texas’s border with Mexico, granting a temporary win to Texas officials who sued to halt the practice.
In a ruling filed Monday, U.S. District Judge Alia Moses granted a temporary restraining order that prohibits the federal government from removing, disassembling, degrading or tampering with the concertina wire installed at the U.S.-Mexico border in Eagle Pass, Texas.
The only exception to the order is in the case of “any medical emergency that most likely results in the injury or death to a person,” if no boats or “other life-saving apparatus” are available prior to reaching the wire barrier, Moses wrote.
Environmental and migrant advocates have raised concerns over the wire in recent months, following reports of migrants being injured while trying to cross the Rio Grande.
The Lone Star State filed the suit last week, alleging federal officials are destroying Texas state property by cutting the wire and as a result “undermining” efforts by Texas to ensure state security.
Moses ruled the state of Texas is “likely to succeed” on its argument that federal agents are violating its common law “trespass to chattels,” as the state established it owns the concertina wire and that the defendants damaged the wire without permission to do so.
The judge also sided with Texas on the basis of public interest, arguing the wire deters unlawful activity, including illegal entry, drug smuggling and human trafficking. Moses said the court also recognizes, however, the public interest in allowing border patrol agents to address medical emergencies and granted the narrow exception as a result.
Moses ruled the matter needs to be further discussed at a hearing and asked parties to present evidence at a preliminary injunction hearing slated for Nov. 7.
The temporary retraining order lasts until Nov. 13 at 9:30 a.m. unless otherwise extended, Moses ruled.
The defendants listed on the motion include Department of Homeland Security Secretary Alejandro Mayorkas, U.S. Customs and Border Protection (USCB), USCB Acting Commissioner Troy Miler, U.S. Border Patrol Chief Jason Owners and Juan Bernal, the acting child patrol agent for the USBP’s Del Rio Sector.
Texas has clashed with the federal government multiple times over the past year as the state seeks to curb illegal immigration, and it’s Republican leaders argue the Biden administration isn’t doing enough.
The Department of Justice sued Texas in July to try to force Gov. Greg Abbott (R) to remove buoys meant to block migrants from crossing the U.S.-Mexico border.