A federal judge has issued a temporary restraining order against the Biden administration, for cutting concertina wire placed by Texas to curb the flow of illegal aliens.
Texas has placed the wire along the shore of the Rio Grande as a deterrent against illegal crossings.
The lawsuit was brought by Attorney General Ken Paxton last week against Department of Homeland Security Secretary Alejandro Mayorkas, as well as related agencies, and was filed in the U.S. District Court for the Western District of Texas.
Judge Alia Moses issued the TRO on Monday morning, barring federal agents from cutting the wire further, with an exception for “any medical emergency that most likely results in serious bodily injury or death to a person, absent any boats or other life-saving apparatus available to avoid such medical emergencies prior to reaching the concertina wire barrier.”
The judge also set a hearing in the case for November 7 in Del Rio.
The wire cutting that became the basis of the lawsuit took place in Eagle Pass, which has become a hotspot of illegal crossings. DHS has said they have been forced to cut the wire at points to detain and process illegal aliens who cross into the United States. Paxton, meanwhile, has maintained that Texas is within its rights to defend its border.
“The federal government’s outrageous escalation in response to our lawsuit demonstrates Biden’s disturbing contempt for the State of Texas, for the citizens of the United States, and for our country’s entire foundation of the rule of law,” said Paxton. “By acting quickly and monitoring their actions closely, we were able to secure a restraining order, and I am confident we will continue to prevail.”
A DHS spokesman told Texas Scorecard that, while they don’t comment on pending litigation, “Generally speaking, Border Patrol agents have a responsibility under federal law to take those who have crossed onto U.S. soil without authorization into custody for processing, as well as to act when there are conditions that put our workforce or migrants at risk. We will, of course, comply with the Order issued by the Court this morning.”