In a heated session on Thursday, a U.S. appeals court panel signalled a move to block the Biden administration’s efforts to dismantle razor-wire fencing along the Texas-Mexico border.
The fencing, erected by Texas, has become a flashpoint in a legal battle in which the federal government is accused of trespassing.
The New Orleans-based 5th U.S. Circuit Court of Appeals, consisting of three judges, heard arguments for nearly an hour.
This session was pivotal in Texas’ appeal against a previous ruling that declared that the state’s trespassing laws could not be enforced against federal authorities.
The Texas move
Texas initiated the lawsuit last year in response to federal border agents frequently using bolt cutters and forklifts to remove the wire fencing along a 29-mile stretch of the Rio Grande. This area is a common crossing point for migrants entering the U.S. illegally.
Judge Duncan argued that the federal officials’ actions were not in line with their duties. “Border Patrol wasn’t cutting the fence to apprehend immigrants or prevent illegal entry; it was quite the opposite,” he remarked.
Representing the U.S. Department of Justice, Melissa Patterson countered that border patrol agents are tasked with apprehending and processing migrants who may apply for asylum, not repelling them.
In response, Texas Solicitor General Aaron Nielson insisted that agents have the authority to deter migrants from crossing in the first place, highlighting that the fencing was a preventive measure.
Illegal crossings
The backdrop of this legal tussle is a broader political context. President Biden recently imposed a sweeping asylum ban targeting migrants who illegally cross the U.S.-Mexico border. Republican critics have blamed Biden for the surge in illegal border crossings, leading to multiple legal confrontations between his administration and states like Texas.
As the legal battles intensify, the decisions made by the courts will undoubtedly shape the future of U.S. border policy and immigration enforcement.
Cover Photo: Depositphotos
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